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10/04/2011
7 ' .n � zx-�, ,a,rc+. ¢ x pYf{ ',T�W2 ,,,, Va gg EP53 ILHE .� z City of uiamond Bar CityAgendaCouncil Tuesday, October 4, 2011 6:30 p.m. — Regular Meeting Public Financing Authority Meeting To follow the 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 City Clerk Tomm ye 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 ear requires that any person in need of any type of special equipment,assistance or accommodations)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. 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 Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WVWV.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 4, 2011 Next Resolution No. 2011-39 Next Ordinance No. 06(2011) CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Mark Hopper, Evangelical Free Church 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 Lorry Meyer, Recreational Specialist upon her retirement. 1.2 Presentation of City Tile to Heidi Gallegos, Former Chief Executive Officer of the Regional Chamber of Commerce. 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 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. October 4, 2011 PAGE 2 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 Planning Commission Meeting — October 11, 2011 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — October 13, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — October 18, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of September 20, 2011 —Approve as submitted. (b) Regular Meeting of September 20, 2011 —Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of August 25, 2011 — Receive and File. 6.3 Ratification of Check Register — Dated September 15, 2011 through September 28, 2011 totaling $1,496,068.68. Requested by: Finance Department 6.4 Treasurer's Statement— For the Month of August, 2011. Recommended Action: Approve. Requested by: Finance Department 6.5 Adopt Resolution No. 2011-XX: Approving Final Tract Map No. 71396, for the Subdivision of Air Space for a 30 Unit Office Condominium, located in the Diamond Hills Plaza. Recommended Action: Adopt. October 4, 2011 PAGE 3 Requested by: Public Works Department 6.6 Adopt Resolution No. 2011-XX: A Joint Resolution of the Board of Supervisors of the County of Los Angeles Acting on Behalf of Los Angeles County General Fund, Los Angeles County Library, Los Angeles County Consolidated Fire Protection District, Los Angeles County Flood Control, The Board of Directors of County Sanitation District No. 21 of Los Angeles County, and the Governing Bodies of Greater Los Angeles Vector Control District, City of Diamond Bar, Three Valleys Municipal Water District, Walnut Valley Water District, Walnut Valley Water District Improvement District #3, Walnut Valley Water District Improvement District #4, Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation to County Sanitation District No. 21. Recommended Action: Adopt. Requested by: Public Works Department 6.7 Approve Amendment No. 1 to the Memorandum of Understanding Between the City and the Los Angeles County Metropolitan Transportation Authority for "State Route 60/Lemon Avenue Partial Interchange (On & Off Ramps) Construction". Recommended Action: Approve. Requested by: Public Works Department 6.8 Fiscal Year 2011-12 Appropriation Adjustments ents for Carry Forward Expenditures, Capital Project Carryovers, and First Quarter Adjustments. Recommended Action: Approve. Requested by: Finance Department 6.9 Reject the Bid Submitted by Horizons Construction Company, Reject the Bid Protest Submitted by Micon Construction and Award the Construction Contract to Rancho Pacific Engineering, Inc. for Construction of Washington Park in the Amount of $465,109.32; Plus a Contingency of $46,511 (10%) for a Total Authorization of $611,620.32; Plus Appropriate $20,000 of Park Development Funds to Fully Fund the Project. Recommended Action: Reject and Award. Requested by: Community Services Department October 4, 2011 PAGE 4 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2010-33A: Amending Resolution No. 2010-33 Establishing and Adopting a Schedule of Rates, Fees, and Charges for Building Construction Services Provided by the City. Recommended Action: Receive Staffs Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: City Manager 8. COUNCIL CONSIDERATION: None RECESS TO PUBLIC FINANCING AUTHORITY: 1. CALL TO ORDER: Chairman ROLL CALL: Authority Members Herrera, Tanaka, Tye VC/Chang, C/Everett 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Public Financing Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Public Financing Authority. 3. CONSENT CALENDAR: 3.1 Adopt Resolution No. PFA-XX: Establishing Regular Meeting Dates. Recommended Action: Adopt. Requested by: Executive Director 4. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: October 4, 2011 PAGE 5 10. ADJOURNMENT: Agenda No. 6 . 1 (a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER 20, 2011 DRAFT STUDY SESSION: M/Tye called the Study Session to order at 5:46 p.m. in Room CC-8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members, Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Marsha Roa, Public Information Manager; Anthony Santos, Sr. Management Analyst; and, Tommye Cribbins, City Clerk. 1► DISCUSSION OF THE PURCHASE OF CITY HALL FURNITURE, FIXTURES AND EQUIPMENT: CM/DeStefano stated that the City Hall/Library project is moving forward under the effective management of ACM/Doyle. Tonight staff is asking the City Council to take action on the purchase of furniture, fixtures and equipment (FF&E) for the cubicle office spaces, the hard-walled office spaces, conference rooms, EOC, downstairs community room, public lobby areas, etc. so that the order can be placed within a few work days to ensure its timely arrival and installation. ACM/Doyle discussed the budget and presented .an overview of the furniture being considered for purchase well as some that will be repurposed. The original budget was estimated at about $700,000 to outfit the new city hall. In order to meet the manufacturer's deadline for ordering the hard wall office furniture, the order needs to be placed by the end of September. To date, every employee has been interviewed to determine their space needs. The SCAQMD owns a majority of the cubicle work space in the existing office and the cubicle workstations the City owns are the mauve colored workstations that were purchased when the City first incorporated. Staff is recommending all new workstations for all employees who work in those areas and the existing break room furniture will be repurposed to every extent possible. For the most part, there will be new conference room furniture, new hard wall office furniture except for the City Council and City Manager with the current furniture being repurposed. In addition, two office furniture layouts will be repurposed to accommodate the contract building official and sheriffs representative. ACM/Doyle then went into the details of the furniture pricing. The office furniture is being purchased under a CMAS (California Multiple Award Schedules) at a discount of about 61.8 percent off of the list price because of the bulk purchase. Initially, staff was told the manufacturer would not be able to meet the City's timeline but have since agreed that it can. Both he and CM/DeStefano were very SEPTEMBER 20, 2011 PAGE 2 CC STUDY SESSION concerned that they were being sold something that would not be provided in a timely fashion so the proposal actually states (and they have agreed in writing) that if they are unable to meet the City's timeline if the order is placed by September 26, 2011, they will provide rental furniture at their expense (delivered and installed) which will be removed at their expense when the new furniture arrives. ACM/Doyle explained how Gunlocke Office Furniture was selected. M/Tye said he appreciated that there was an effort to repurpose some of the furnishings. However, he wanted assurance that it would not appear that the City could not afford new furniture. ACM/Doyle assured M/Tye that it would not appear that way because it would not be cost-effective to pack, move and repurpose items that could more easily be replaced. Staff is making certain that where appropriate, everything that can be repurposed and reused will be if it makes sense for the long term. ACM/Doyle stated that one option to save $20,000 to $30,000 is to repurpose some of the hard wall furniture if the Council wishes to do so; however, staff is not recommending that option because the quality is not as good and would appear to be happenstance. This furniture could be used in the library area or the furniture could be auctioned. Discussion ensued. ACM/Doyle stated that the City was finally able to acquire the conduit line from the property owner which lies underground from the street to the building for $35,000 which enabled the City to save about $160,000 on that project. C/Everett asked if there were any issues with the furniture for the library. ACM/Doyle clarified that tonight's discussion involved only the furniture for City Hall even though it includes the downstairs with respect to the main community room and the computer room. All of the furniture- fixtures and equipment for the library will be a separate purchase that staff will furniture, back to Council at a later date and for which the City will be reimbursed. The library is a completely separate entity. City and County staff have worked well together and this will be a very fast project for the County (approximately 24 months from start to finish). M/Tye stated that last month while both he and MPT/Chang attended the Contract Cities Assn. they heard from people with L.A. County how very appreciative they were of D.B. staff and that they are very excited about the project. Public Comments: None Offered. SEPTEMBER 20, 2011 PAGE 3 CC STUDY SESSION ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:20 p.m. to the Regular City Council Meeting. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2011. Steve Tye, Mayor Agenda No. 6 . 1 (b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 20, 2011 AF STUDY SESSION: 5:46 p.m., Room CC-8 110. Discussion of the Purchase of City Hall Furniture, Fixtures and Equipment Study Session recessed at 6:20 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano stated that during tonight's Study Session Council discussed the process staff went through for the purchase of new furniture, fixtures and equipment for City Hall. This is related to Agenda Item 8.2. No decisions were made. PLEDGE OF ALLEGIANCE: Truc Dever, Director of Community Affairs for GLAVCD, led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Greg, Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by the Greater Los Angeles County Vector Control District Re: West Nile Virus - Truc Dever, Director of Community Affairs for GLAVCD, updated the City on the recent epidemic of the West Nile Virus the agency has experienced this year. She explained how to avoid the West Nile Virus and asked residents to call the hotline number 1-877- WNVBIRD to report any dead bird sightings. Ms. Dever reported that the agency has recently seen a new threat in LA County, the Asian Tiger Mosquito that was discovered in shipments of Lucky Bamboo. She cautioned that since the Asian Tiger Mosquito bites during the day there is a potential threat to residents. She stated. that the District is actively working with El Monte property owner to keep the variety confined to the SEPTEMBER 20, 2011 PAGE 2 CITY COUNCIL immediate area while taking steps to. knock down the adult mosquito population. Anyone who believes they may have seen the Asian Tiger Mosquito should report their sighting to the hotline. 2.2 Update on SCAG Truck Lane Project — CM/DeStefano reported that SCAG is again working on a Regional Transportation Plan, a document that they update every four years. This document is scheduled for adoption in early 2012 and contains a variety of policy statements that look at some 30 years into the future and deals with all modes of transportation, particularly focusing this year on goods and people movement through the Southern California area. A component within the Regional Transportation Plan is an east/west freight corridor that has been proposed to take a variety of potential routes. However, SCAG's focus during the past couple of months has been to utilize the SR60 corridor and in particular, routes that run generally adjacent or parallel to the SR60. SCAG is focusing on moving goods from the ports to Los Angeles and from Los Angeles on the 710 Freeway area easterly down the SR60 to the 15 Freeway prior to disbursing. Of interest to D.B. is the segment between the 710 to the 605 and from the 605 to the SR57. There is a desire to move significant amounts of freight through the area by utilizing the Union Pacific Railroad property between the 710 and 605 and then transitioning to the San Jose Creek Wash from the 605 Freeway to the SR57 (in the Lanterman location). D.B. has concerns about the type and size of the proposed project and the current process SCAG is undergoing to seek community input and stakeholder support. D.B. has monitored this activity for some time. In July 2011 the City Council directed staff to commence a process in opposition to this proposed project. The primary issue is that D.B. is desirous of a more efficient and environmentally sensitive means of delivering goods in and through the region and are supportive of SCAG'S efforts to identify new enhanced technologies and modes for accomplishing this. The City, however, is very concerned with several proposals currently under consideration by SCAG staff for inclusion within the Regional Transportation Plan, specifically, the segment along the SR60 and the proposed route between the 605 and the SR57. It is a proposed and preferred alignment by SCAG staff to create elevated truck lanes running through the San Jose Creek Wash which roughly runs parallel to Valley Boulevard and the SR60. The proposed structure would be approximately 50 feet above the current grade and allow for four lanes of truck traffic. Of even greater concern to D.B. is that while there are policy statements that indicate that this effort would lead all the way to the 15 Freeway, there are no details as to how the trucks would transition from the San Jose Creek Wash which terminates at about the Kohl's Store located in the City of Industry at Grand Avenue and Valley Boulevard and swings back over to the SR57. A line on the map shows the transition on the Lanterman property which is immediately adjacent to homes in D.B. SEPTEMBER 20, 2011 PAGE 3 CITY COUNCIL and within the City's jurisdiction. There is no detail as to how the traffic gets back onto the SR57/60 or how, once the vehicles are on the SR57 northbound transitions to the easterly 10 Freeway. This is a significant concern to D.B. and believes it is imperative that impacts to residential communities, business and open spaces be properly analyzed including the physical, operational and financial feasibility of this type of proposal. D.B. believes that it will impact the public health and safety of thousands if not hundreds of thousands of people in the immediate area of D.B. and cities along the freeway. D.B. has participated in numerous workshops and committee meetings and has sought partners in opposition to the proposed effort along the SR60. Staff sent letters to all entities believed to be impacted. The City has started to gain momentum; for example, the City of Walnut last Wednesday night adopted a Resolution in opposition to the project, the City of South El Monte likewise adopted a Resolution in opposition to the project last Wednesday night, the City of Chino is very concerned about the project and LA County Supervisors Gloria Molina and Don Knabe are also very concerned for residents within the corridor areas. The County of Los Angeles has been asked to look at the City of Industry's prepared San Jose Creek Freight Corridor Feasibility Study. CM/DeStefano continued stating that D.B. has pointed out that this particular proposal along the San Jose Creek Wash will interfere with a number of ongoing priorities that COG has for the San Jose Valley in this area. It has been identified that this project will greatly interfere with the SR57/60 improvement project that is well under discussion and that it will specifically interfere with the missing connectors from the SR60 northbound on the SR57 as well as, the SR57 eastbound to the SR60. D.B. and COG believes that the proposed project will interfere with the SR57 HOV lanes that move north from the SR60 to the 210 Freeway. D.B. believes that the proposed project will impact the Gold Line Light Rail Project which is generally proposed west of the 605 Freeway as well as, the ongoing interchange project at the SR60 and 605 Freeway which includes mixed-flow and HOV connectors. LA County has spent a lot of money for bike lane projects, open space projects, restoration projects and others along the San Jose Creek Wash, particularly in the area where it intersects with the 605 Freeway by Whittier Narrows. D.B. will continue to monitor this matter and provide comments and opposition to the proposed truck lanes. C/Herrera thanked CM/DeStefano for a very thorough report and thanked SE/Yee and PWD/Liu who have attended countless meetings in downtown Los Angeles. There were times when it was a very good thing when D.B. was represented because there were efforts to get the committee to approve these truck lanes and the project would then move very quickly through to the greater SCAG committee. She said she believed there would be an effort to get approval from SCAG Transportation Committee and Regional Council on October 6 so the City's efforts are intensified and SEPTEMBER 20, 2011 PAGE 4 CITY COUNCIL the City remains diligent and hopes that the Los Angeles County of Public Works will support D.B.'s belief that the proposed project is entirely unfeasible. 2.3 ACM/Doyle provided a Power Point presentation update on the construction of the Library/City Hall project. 3. PUBLIC COMMENTS: Bridget Reynolds and Becky Serrano, Co-Editors of the Windmill and DB Community Foundation members spoke about the November 12th Holiday Gala, The Windmill's next edition and fundraising efforts to support the community. 4. RESPONSE TO PUBLIC COMMENTS: None Offered 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — September 22, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Planning Commission Meeting — September 27, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 City Council Meeting — October 4, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES: 6.1.1 Study Session of August 16, 2011 —Approved as submitted. 6.1.2 Regular Meeting of August 16, 2011 —Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 28, 2011 — Received and filed. 6.2.2 Regular Meeting of July 12, 2011 — Received and filed. 6.2.3 Regular Meeting of July 26, 2011 — Received and filed. SEPTEMBER 20, 2011 PAGE 5 CITY COUNCIL 6.3 PARKS AND RECREATION COMMISSION MINUTES: 6.3.1 Study Session of May 12, 2011 — Received and filed. 6.3.2 Regular Meeting of July 28, 2011 — Received and filed. 6.4 RATIFIED CHECK REGISTER — Dated August 11, 2011 through September 14, 2011 totaling $2,940,617.70. 6.5 APPROVED TREASURER'S STATEMENT— For the Month of July, 2011. 6.6 ADOPTED ORDINANCE 05(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. 6.7 AWARDED CONTRACT TO AVI-CON (DBA CA CONSTRUCTION) FOR CONSTRUCTION OF SILVER TIP PARK IMPROVEMENTS IN THE AMOUNT OF $417,000, PLUS A CONTINGENCY OF $34,646 (8%) FOR A TOTAL AUTHORIZATION OF $451,646; AND APPROPRIATED $150,000 OF PROPOSITION A "SAFE PARKS ACT" FUNDS AND TRANSFER TO RESERVES $50,821 OF PARK DEVELOPMENT FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT IN THE 2011/12 FY BUDGET. 6.8 AWARDED CONTRACT TO ACE CONSTRUCTION AND DESIGN FOR CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL — PHASE IV IN THE AMOUNT OF $345,217.08, PLUS A CONTINGENCY OF $34,522 (10%), FOR A TOTAL AUTHORIZATION OF $379,739.08. 6.9 RECEIVED AND FILED GENERAL PLAN STATUS REPORT FOR 2011. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2011-38: CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 783 BOWCREEK DRIVE (APN: 8281-043-065) AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF. CDD/Gubman stated that this matter is to consider an assessment for a property abatement performed at 783 Bowcreek Drive. Nuisance Abatements are a rarity in D.B.; however, when staff is unable to obtain voluntary compliance from the property owner, even after providing generous timeframes to do so, it becomes necessary for the City to step in and eliminate a neighborhood eyesore. Fortunately, the City is allowed to SEPTEMBER 20, 2011 PAGE 6 CITY COUNCIL recover all costs including attorney's fees through the Council's approval of a Special Assessment against these properties. This is the second time in two years that the City has encountered a situation in which an owner declared bankruptcy and walked away from the property and now the property is in foreclosure. Staff has been in communications with Bank of America who is foreclosing on the property to remedy the exterior property maintenance issues; however, Bank of America has not been active in responding to the City's concerns and their failure to act necessitated the City issuing a second "Notice to Abate" on July 27 of this year which was followed by the execution of an Abatement Warrant on August 23. He presented a photographic chronology of the abatement action. CDID/Gubman stated that at this point the City hopes that the bank will soon place this property on their foreclosed property maintenance cycle. In lieu of that, staff is now able to invoke State laws that enable the City to impose daily fines if the property again reverts to being a public nuisance. For now, the City is authorized to seek fair compensation for the expenses incurred in performing the August abatement through a special assessment on the property that becomes due with the property tax bill. The purpose of tonight's hearing is to present to the City Council staffs accounting of the costs to the City, to allow the owners to be heard and for the City Council to render its decision on whether or not to impose the assessment, and if so, to set the amount to be assessed. As shown on the accounting summary and in the details, staffs recommendation is that the City Council Open the Public Hearing, receive testimony, close the Public Hearing, and Adopt Resolution No. 2011-38 to record a Special Assessment of $5,233.51. He concluded his presentation with before and after photos taken of the property on the date the abatement occurred. MPT/Chang said she had received many complaints about this property and because of its close proximity to the public park, she believes Council should move forward to adopt the Resolution. M/Tye asked if this would be reimbursed with the November 2011 or April 2012 tax bill. CIDD/Gubman stated that based on the City's Municipal Code deadlines, the assessment would have needed to be recorded no later than August 10, 2011 to get it on the November 2011 bill. Therefore, this assessment will appear on next year's tax bill. C/Everett agreed this was a public nuisance and eyesore as well as a property that created public safety and health issues and asked if this was the fastest that the City could move. CDID/Gubman said it could not be done faster because it was a matter of giving the property owner the opportunity to take care of the problem. In addition, the City was researching to find out where the property was in SEPTEMBER 20, 2011 -PAGE 7 CITY COUNCIL the foreclosure process because at sometime in the process when the foreclosure is completed the lender becomes responsible for the property which accounted for some of the billable hours for the City Prosecutor. Under more conventional circumstances, staff may have been able to address this in a more timely fashion. With the responsibility for the property being in limbo staff took extra time in the hopes of having this taken care of by the lender. The other factor that staff took into account in the timing of this matter is that staff was hoping to give additional time to allow the foreclosure process to be completed and have the abatement concluded which did not happen. In hind sight, staff probably would have taken care of this sooner and dealt with the bank as an independent process. C/Everett said he would prefer to be more aggressive in these matters and asked if the State's process was similar and faster. CDD/Gubman stated that the State process is more of a "penalty" assessment where if the City declares the property a nuisance again and the property is in foreclosure the City is able to assess an administrative fine of up to $1000 per day against the lender. The City can do that as well as, physically abate the property. C/Evereft thanked staff and encouraged the City to be aggressive because at $1000 per day someone might more quickly step forward to pay attention more quickly. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. C/Herrera moved, MPT/Chang seconded, to Adopt Resolution No. 2011- 38: 011-38: Conforming a Cost Report for Nuisance Abatement Costs Concerning 783 Bowcreek Drive (APN: 8281-043-065) and establishing a Special Assessment and lien thereof. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SEPTEMBER 20, 2011 PAGE 8 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPROVE RIGHT-OF-WAY COOPERATIVE AGREEMENT WITH THE CITY OF INDUSTRY AND STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60. AE/Young stated that in 1968 a freeway agreement was executed between the State of California and the County of Los Angeles to construct an interchange on SR60 at Lemon Avenue. However, due to lack of funding at the time, that project was never constructed. In June 2004 the City of Industry and City of D.B. entered into a Letter, of Agreement to cooperatively pursue the Lemon Avenue Interchange project and in November 2008 the final EIR was approved by the State. Currently, the design of the project continues while final plans are nearing 100 percent completion. In December 2010 Council approved a freeway agreement with the State which would permit the construction of the newly designed interchange at Lemon Avenue. In conjunction with efforts to date, this project remains a priority on the City Council's list of Goals and Objectives. Once constructed, the interchange at Lemon Avenue will consist of a westbound onramp and eastbound off ramp and on ramp. The westbound onramp was not pursued as part of this project due to the extensive private property impacts to residences along Moonlake Drive as well as, the Walnut Valley School District property. The existing eastbound on/off ramps also referred to as the Hook Ramps at Brea Canyon Road and Golden Springs Drive will be closed once the Lemon Avenue Interchange is constructed. However, the existing westbound onramps and existing westbound ramps at Brea Canyon will remain open. As part of the partial diamond interchange at Lemon Avenue, seven private property partial takes will be necessary to construct the eastbound on/off ramps. Temporary construction easements will also be required for the duration of construction activities. However, the property required for these easements will be returned to each property owner once construction is completed. Of the seven properties that will be affected by the partial property takes, five are residential properties in their rear yards along the private properties on Flintgate Drive (Lots 18-22). The average area of the rear yard property that will be required from each residential lot is approximately 400 square feet with the exception of Lot 22 where the impact is just over 100 square feet. Additionally, the commercial, retail and restaurant center at the northwest corner of Lemon Avenue and Golden Springs Drive will have a small triangular piece of land taken which is currently landscaped hillside as well as, a sliver of property from the LA Fitness parking and landscaped area at the rear of the building. Since these takings are necessary for the construction of improvements along a state highway, Caltrans will take the lead on all partial property acquisitions which is the purpose of the agreement before the Council this SEPTEMBER 20, 2011 PAGE 9 CITY COUNCIL evening. The first step in the process is that the State will contact each of the owners of properties identified to have right-of-way impacts. Caltrans will send out a Notice of Decision to Appraise which will contain information about the project as well as, a booklet identifying the property owners' rights in the acquisition process. In this letter the owners will be requested to set up an appointment for the appraiser to inspect the property that will be acquired. The appraisal process is estimated to take 10 weeks at which time an appraisal price is determined. Once the appraisal price is approved, the State will have 30 days to present an offer to each of the property owners. The owner will then have 30 days to accept or deny the offer. Owners will have the right to obtain an independent appraisal within the timeframe and the State will reimburse the owners a certain dollar amount for the independent appraisal. In the event the owner denies the State's appraisal price offer or if a contract price cannot be agreed upon, condemnation proceedings will begin which can take from six to nine months. Condemnation proceedings allow the State to take the property through the power of Eminent Domain wherein the State will be responsible for determining the fair market purchase price of the property in question. Upon legal acquisition of the property, new title reports will be issued and the State will become the legal landowner of the acquired property. The entire right-of-way phase of the project which includes the partial property acquisitions and utility relocation and temporary easement acquisitions, is estimated to take up to 18 months. Currently, the State does not anticipate beginning right-of-way acquisitions until March 2012. The total right-of-way phase of the project is estimated at $1.486 million which includes $900,000 in acquisition costs and $586,000 in Caltrans support costs. To date, the City has secured $8.63 million in Federal safety-in-lieu funding which will be used to fund the right- of-way and construction phases of the project. In order to utilize Federal funding, 100 percent of the costs must be paid up front to the City which, in turn, will be reimbursed. The safety-in-lieu funds have a reimbursement ratio of 80/20 meaning that only 80 percent of the total costs will be reimbursed to the City while 20 percent of the costs must be funded through local funds. The City of Industry has agreed to pay the State 100 percent of the costs up front and the City of D.B. will reimburse City of Industry the 80 percent that D.B. will be reimbursed leaving the 20 percent local match to be paid by the City of Industry. M/Tye asked if there was anyone in the audience who wished to speak on this item. No public comments were offered on this item. MPT/Chang moved, C/Everett seconded, to move approval of the Right- of-Way Cooperative Agreement with the City of Industry and State of California through the Department of Transportation (Caltrans) for construction of a new freeway interchange at Lemon Avenue on State Route 60. Motion carried by the following Roll Call vote: SEPTEMBER 20, 2011 PAGE 10 CITY COUNCIL AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 APPROVE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT (FF&E) IN AN AMOUNT NOT TO EXCEED $775,000 FROM INTERIOR OFFICE SOLUTIONS (IOS) AND GUNLOCKE/CARE OF IOS TO FURNISH THE NEWLY CONSTRUCTED CITY HALL FACILITY. Project Manager ACM/Doyle stated that this agenda item requests City Council approval for the purchase of furniture, fixtures and equipment for the new City Hall facility in an amount not to exceed $775,000 from Interior Office Solutions and Gunlocke/care through IOS to furnish the newly constructed City Hall facility. Since the 2011/12 budget allocation, staff has conducted a detailed analysis and conducted an exhaustive review of the existing furniture and whether it can be repurposed as well as meeting with each staff member to review what is necessary to furnish their work areas and other areas within the facility. The three major categories of furniture are hard wall, modular and ancillary. Staff is recommending that all of the hard walled offices receive new furniture with the exception of the sheriffs contact and building official who are not in City Hall on a regular 40-hour basis. The modular furniture will be purchased from Hayworth .since the only modular furniture the City owns was purchased when the City first incorporated and could not be matched with any existing product. Staff is also recommending that the ancillary furnishings be purchased to include furnishings for the large conference rooms, work spaces, lobby areas, break rooms, and community spaces. Because the City is purchasing these items in bulk under a state license contract, it will receive a 61.8 percent discount off the list price of the furniture, fixtures and equipment. Some office furniture in the City Council office and City Manager's office will be repurposed; however, new filing drawers for those offices will be purchased. The balance of the current storage furniture will be reused/repurposed for current or other uses within the new City Hall. Staff is asking for authorization to spend upwards of $775,000 on all of the furniture, fixtures and equipment for City Hall. The manufacturer has indicated that in order to have the furniture delivered and installed prior to the opening of the new City Hall around January 1, 2012 it must be ordered no later than September 26, 2011. C/Herrera thanked ACM/Doyle for his excellent presentation and past presentations. She has faith and confidence that staff is moving forward with the best plan possible. C/Herrera moved, MPT/Chang seconded, to approve Purchase of Furniture, Fixtures and Equipment (FF&E) in an amount not to exceed $775,000 from Interior Office Solutions (IOS) and Gunlocke/care of IOS to SEPTEMBER 20, 2011 PAGE 11 CITY COUNCIL furnish the newly constructed City Hall facility. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/Chang thanked Bridgette and Becky from the Diamond Bar Community Foundation and asked everyone to support the Gala on November 12. She attended the League of California Cities Board of Directors strategic planning session, economic development conference Mobility 21, a transportation conference offering important information about how .southern California leveraged itself against political realities. She presented a legislative report at Contract Cities, attended Diamond Bar Day at the Fair and congratulated the Volunteers of the Year for the City of D.B. There is a wonderful campaign called "One City/One Zip Code" and said she believed that the affected residents would receive a survey at the end of September to resolve the zip code issue and several other issues resulting from having two separate zip codes. Referencing the 10th Anniversary of 9/11, when the tragedy occurred she was in Las Vegas, Nevada and that she immediately went to the American Red Cross and waited for eight hours to give blood; however, she and others were turned away because there was no way to store any more blood. She thanked public safety employees who sacrifice to keep everyone safe. C/Tanaka attended the last Concert in the Park and Movies under the Stars and thanked CSD/Rose and staff for their work on the seven-week program. On August 18 he attended the LA County Sheriffs scholarship dinner and congratulated D.B.'s newest Eagle Scout, James McCreary from Troop 730. This past Saturday he attended Walnut/D.B. Sheriffs Station's family picnic. Last Friday he attended See's Candies Grand Opening and Ribbon-Cutting Ceremonies and on Sunday, September 11 he attended the St. Denis Church 9/11 Tribute. Last Wednesday he attended the California Contract Cities Association Board of Directors dinner meeting and the next day attended the Diamond Bar Day at the Fair which was shared with the City of Montclair this year. He congratulated the Diamond Bar Community Heroes, the, DBHS Marching Band, Color Guard and Miss Diamond Bar and her court. C/Everett acknowledged volunteer work and recognition. He applauded all and said it was important to enjoy life and community. School opens in September and was privileged to attend Pomona Unified School District's first annual staff kickoff for over 2500 employees aimed at "Fit for Learning-Fit for Life" theme with a college focus. He commented on Item 6.9 (The General Plan) and expressed his personal commitment and support of staff, to in the near future not just receive and file the report, but take ownership and responsibility and try in the SEPTEMBER 20, 2011 PAGE 12 CITY COUNCIL next few weeks and months to work on economic development. He thanked Monsignor Loughnane for his thoughtful comments this evening. C/Herrera said she attended many meetings during the past four weeks. One of the bright spots was the ribbon-cutting and official grand opening of See's Candies and hoped that everyone in D.B. would support this business. Many mourn the loss of Ralph's Market and Acapulco Restaurant and as City Council and staff attempt to entice other businesses to locate in D.B. it is very important for residents to support the businesses while they are here and support current businesses so that they do not have to close their doors. Some businesses are struggling and Council would not like to see more close. There were many, many special 9/11 ceremonies at local schools and churches. She also attended the ceremony at St. Denis Church and it was very meaningful, heartfelt and emotional. M/Tye said it was a privilege to cut the ribbon for See's Candies at the "sweetest" ribbon-cutting ceremony he has ever been involved with. He thanked See's Corporate for making the decision to locate a store in D.B. and to the property owners Ted Robinson and Al Bertha who solicited See's to come to D.B. The City appreciates their efforts and M/Tye said he would do everything in his power to make sure that See's stays in business. He appreciates staff so much. Mr. and Mrs. Richard Ortiz took time to send a letter to the City Council for staffs help in celebrating their mother's 90th birthday. The letter referenced appreciation to staff members April Batson, Bob Rose, Neo Ruelas, David Carrillo, Vanessa Ayala and Caitlen Kimble. He also acknowledged that a client of the City said that David Alvarez exceeded the expectations of the applicant. He appreciates everything staff does and all of the work staff members do to make the City run so smoothly. ADJOURNMENT: With no further business to conduct, MPT/Chang adjourned the Regular City Council meeting at 8:02 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2011. STEVE TYE, MAYOR CITY OF DIAMOND BAR Agenda No. 6. 2 MINUTES OF THE PARKS & RECREATION COMMISSION THE GOVERNMENT CENTER HEARING BOARD ROOM DIAMOND BAR, CA 91765 AUGUST 25, 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/ Liang led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Benny Liang, Ted Owens, Vice Chairman Lew Herndon and Chairman Dave Roberto. Absent: Commissioner Dave Grundy was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Lorry .Meyer, Recreation Specialist, and Marcy Hilario, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: Jessica Fajardo, Troop Leader, Brownie Troop #2234, and troop members Isabella Fajardo, and Jasmine Armas, shared that they were concerned about a falling hazard between the tot lot and the creek at Sycamore Canyon Park. The girls provided pictures as Ms. Fajardo read the offered suggestions. They suggested "failing hazard" signage and, better still, a temporary fence to prevent kids from failing and also to direct foot traffic to a safer access path to the creek side. The third suggestion, and recommended solution, would be to create a hedge fence. Ms. Fajardo said that the troop would offer to participate in the acquisition of materials and/or installation to make Sycamore Canyon Park a safer place. (New Business Item 4.2 was moved up on the agenda to address the concerns and suggestions presented) 4. NEW BUSINESS - 4.2 Erosion Control of Sycamore Canyon Park Creek — PMS/Jordan a. Sycamore Canyon Power Point Presentation PMS/Jordan stated that, with respect to the area of concern expressed by the Brownies and to keep water out of the playground, staff is considering installing a barrier/seating wall. This would serve to AUGUST 25, 2011 PAGE 2 P&R COMMISSION preclude access by a small child into the creek, and it would also create a seating surface for parents. Potential temporary fixes include signage, snow fence/temporary barrier which would offer on-going maintenance considerations, vinyl coated 36 to 42" high chain link fencing, vinyl fence (aesthetically pleasing), and lodge pole fencing (aesthetically the best solution). Currently, staff is evaluating four design firm proposals. Because there are no funds set aside for this project during the current fiscal year, the earliest there would be funding available would be in fiscal year 2012/2013. A temporary fix can commence fairly quickly once the decision is made about the materials with possible assistance from the California Conservation Corp on the lodge pole fencing. The principal costs would be for the material. Staff recommends lodge pole fencing. The hedge is a good solution as well; however, there could be a problem with the time it would take to grow the hedge. It would take years to get the full growth benefit from 15 gallon plantings. Chair/Roberto asked if staff intended to put gabion fencing along the creek bed as a permanent solution. CSD/Rose responded no, that the gabion fence would be at the point of erosion only and the rest would be left in its natural state for the most part. He went on to share about 15 years ago staff went through this and it is an on-going issue. PMS/Jordan said that the rate of erosion that the City experiences in this location is substantially less than what is experienced on the upper creek. Although the volume of water that moves through this area is much greater, the area that it flows through is much wider, which in turn makes the velocity relatively slow and, in the short term, the erosion of soil would be fairly insignificant. VC/Herndon stated that it appeared to him that there are boards on the bridge that prevent the kids .from falling in and he would feel more comfortable bringing that fencing around. Even with the lodge pole fencing kids could climb over or through the lowest rail and although it may not t be as aesthetically pleasing, it would probably be a lot safer. C/Owens asked if signage would be necessary and/or desirable in addition to the fencing and PMS/Jordan responded that it could be done. CSD/Rose stated that from a liability standpoint, this is considered to be an "open and obvious" issue which has been there for years and whether it is lodge pole or some other kind of structure, staff is not necessarily looking at this as a barrier to keep people out. The area was designed so that people could come in on the other side of the bridge as well and staff does not plan to block complete access to the creek. This is one of the recreation elements people enjoy and use in that park. Whatever material is used would be to help slow down individuals and give parents time to react to kids who are trying to run from the tot lot and not paying close attention to where they are headed. Staff wants to be very sensitive to the aesthetics of the park which is the reason there is nothing in place at this time. The goal was to keep it an open area. There are two tot lots; one tot lot was designed for two to five year olds so that they do not have an adjacent AUGUST 25, 2011 PAGE 3 P&R COMMISSION drop off. The tot lot in question is designed for five to 12 year olds and five year old kids have more skills and are more easily directed as to their boundaries. However, because some of the younger kids find their way into this tot lot area, it makes sense to put some kind of barrier up to help keep kids from charging into the creek area. VC/Herndon asked for input from the Brownies about a pole fence. Isabella Fajardo replied that she liked the pole fence and signage. C/Owens thanked both girls. C/Owens said he would favor the pole fence as a barrier with signage as s a reminder to folks. He would not favor having a seating area because kids will play on it and it could be yet another hazard. He liked the idea of keeping the area open. C/Liang asked what the length of the pole fence would be and PMS/Jordan responded about 100 feet. C/Liang asked if a sign would relieve the City's liability. CSD/Rose responded that nothing eliminates the City's responsibility; therefore, the design of the fence is very important with respect to liability. Also, if the fence is placed right along the sidewalk and someone climbed the fence,and fell over, they would fall on the grass on the other side. The design would be better and the liability would not be so great. Because this is an open an obvious situation, the expectation is that a reasonable person should stay away from the creek. Once a barrier is erected it could create an expectation that one would not have to be as vigilant. VC/Herndon moved, C/Owens seconded, to move forward with installation of a lodge pole fence with a couple of signs. Without objection, the motion was so ordered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR: 1.1 Approval of amended Minutes for the May 12, 2011 Study Session. VC/Herndon moved, C/Owens seconded, to approve the Minutes of the May 12, 2011 Study Session as amended. Without objection, the motion was so ordered with C/Grundy being absent. 1.2 Approval of Minutes for the July 28, 2011 Regular Meeting. VC/Herndon moved, C/Owens seconded, to approve the July 28, 2011 Regular Meeting Minutes as corrected. Without objection, the motion was so ordered with C/Liang abstaining and C/Grundy being absent. AUGUST 25, 2011 PAGE 4 P&R COMMISSION 2. INFORMATIONAL ITEMS 2.1 Recreation Program Update — RS/Murphey VC/Herndon asked if the financial summary for 2010/11 showing "rental lease of real property" projected to be about $19,000, even though it was listed as only $1,900 actual. RS/Murphey responded that it is correct. The amount varies from year to year. When she started with D.B. almost 10 years ago, the City spent more on facilities because the Diamond Bar Center and other facilities were not available. The City still budgets in case it is able to offer a really popular class for which the City might not have space and wants to make sure the money is available for rental. Chair/Roberto asked if the totals on the mid-year were actual totals and RS/Murphey responded no, those are mid-year projections. The financial summary page shows the actual totals. C/Owens asked if senior softball was over. RS/Murphey referred C/Owens to the next agenda item. 2.1.1 PowerPoint Presentation — Senior Softball/Senior Excursions — RS/Meyer. RS/Meyer thanked everyone for their kindness to her over the years and reported that she would be retiring from the City of D.B. on October 5. 2.2 Parks Report— PMS/Jordan 2.3 Status of CIP Projects — CSD/Rose 2.3.1 Washington Park — CSD/Rose explained that there were irregularities in the lowest and second lowest bids that were submitted. Also, there were budget protests from the second and third bidders who threatened litigation if the City awarded the contract to the lowest bidder. CA/Jenkins advised the City that the project could be delayed for quite some time if there was litigation; therefore, all bids were rejected by the City Council on August 16. As a result, the plans and specs were updated and the project is ready to go out to bid with bid opening on September 13 and award of contract projected for September 20. C/Owens asked how many contractors bid on the first project and CSD/Rose responded 18. Chair/Roberto asked if the contractors have to pay again and CSD/Rose responded yes, because this is essentially a new project. 2.3.2 Silver Tip Mini-Park — CSD/Rose stated that the bid opening was supposed to take place today. However, staff had to issue an AUGUST 25, 2011 PAGE 5 P&R COMMISSION addendum yesterday to delay the opening to September 1. There were a few issues with the plans and specs that were brought to staff's attention later which left insufficient time to complete the addendum and continue with the bid opening today. Thirty-eight contractors have picked up plans and specs for this project. Staff plans to award the contract on September 20. 2.3.3 Sycamore Canyon Park Trail — Phase IV— CSD/Rose reported that staff opened the bids on August 23 and the award of contract is scheduled for September 20. There were 13 contractors that submitted bids and the bids ran from $345,000 to $695,000. Ace Construction is the apparent low bidder and staff is checking references. Ace was previously called Mega Way, which is the company that built Sycamore Canyon Trail Phase 111. VC/Herndon asked how frequently staff has to put projects out for rebid. CSD/Rose said it is very unusual that contractors are willing to litigate. The problem with the low bidder was that the bidder forgot to submit the required acknowledgement that he received the fifth of five addendurns and he was willing to forgo the additional $200 for the fifth addendum. The City Attorney originally ruled that it was a minor irregularity that could be waived but the second bidder threatened to file an injunction if the contract was awarded to the low bidder. After speaking with their attorney, CA/Jenkins determined-that it was not worth the risk that the project could be delayed by months. This does not often happen because most contractors are too busy to get involved in litigation. 3. OLD BUSINESS: None 4. NEW BUSINESS (Continued): 4.1 Philosophical Discussion of Program Finances - CSD/Rose CSD/Rose asked for Commission input as to how the report would best suit its needs. Staff has a program budget including the contract class budget that shows how much money is budgeted for each program and the Program Evaluation Financial Report reflects the real numbers which helps the program director determine what adjustments need to be made to the program and what needs to be budgeted. However, the reports need to also serve the Commission and from past discussions there have been many comments and a good amount of discussion indicating that the current reporting format may not serve the Commission's purposes. The report contained in the Commissioner's packet lists the actual expenditures for the programs or about 98.1% of the appropriated funds during the last fiscal year. The revenues are listed in the same categories as listed in the budget. D.B. collected 103% of the revenues that were projected. The overall subsidy level is basically the actual revenues divided by the actual expenditures which came out to about a 54% subsidy level. One expense that is not included in the current number is AUGUST 25, 2011 PAGE 6 P&R COMMISSION the quarterly recreation brochure, which is in a different budget from the Community Services budget. That expense is approximately $41,600 per year. Chair/Roberto stated that he felt that the point of past discussions was that the subsidy was somewhat hidden within the report and the Commissioners wanted to be sure that information was being properly communicated to the community reading the brochures when trying to determine the value of signing up for classes at a certain price. VC/Herndon asked if it was correct that the City was subsidizing those classes and CSD/Rose responded yes. For example, the classes that are held at the Diamond Bar Center are not charged rent for use of the Center, so utilities, loss of potential revenue, space, etc. are being subsidized. Chair/Roberto reiterated that in the past when the City did not have those facilities, it was paying someone for the rental space. CSD/Rose responded that Chair/Roberto was correct. CSD/Rose said he believed the highest amount that was paid to the school districts was about $120,000 per year. CSD/Rose confirmed to C/Owens that the City essentially subsidizes the programs at about a 54% level which includes full time employees, benefits, utilities, maintenance, etc. VC/Herndon felt that the recreation brochure should be included and he also believed that the breakdown of different costs included a statement indicating that, based on previous years' experience; the subsidy levels for this program would have been XX percentage. He believed this would provide a truer picture of what is happening. Chair/Roberto concurred with VC/Herndon and felt that statements at the bottom of each program would be an effective way of presenting the fact that there is an additional benefit to the participants. 5. ANNOUNCEMENTS: C/Liang thanked staff for the great job on the safety issues at Sycamore Canyon Park and for keeping the residents and the City safe. C/Owens shared that he attended several Concerts in the Park programs and was impressed with the crowds. He attended the Youth Baseball Picnic Awards and was impressed with the number of attendees. He thanked staff for organizing the events. VC/Herndon echoed comments about the great job staff does. He appreciates the great presentations: and is always impressed with the results of the obvious efforts put forth by staff. When the Commission met to discuss the Parks Master Plan, there was a discussion about finding a spokesperson to help raise funds to AUGUST 25, 2011 PAGE 7 P&R COMMISSION develop sports fields. There was a budget mentioned and the possibility of organizations within the City getting involved. He would like to see a Council Member or someone of prominence in the City spearhead getting support for these sports fields. He believed there was a tremendous opportunity at this time with a tremendous, adopted Master Plan. In addition, as was pointed out in the minutes, there may be funds available at the Federal level that could be utilized toward this effort and he would hate to see the ball dropped on this effort. He would like to see some forward movement on this issue. Chair/Roberto thanked staff for tonight's presentations and congratulated RS/Meyer on her retirement. He asked if the City had plans to recognize her and RS/Murphey responded that there would be a recognition ceremony for Lorry at the October 4 senior meeting. Once the details are made public, she will invite the Commissioners to attend. Chair/Roberto said he had no problem with staff opening mail that is addressed to him in care of the City. He appreciated the presentation on Item 4.2. He asked what staff would recommend that the Commission propose to the City Council to move forward with the Parks Master Plan. CSD/Rose stated that the first effort was to get the City Council to finance the new City Hall to get money back into the General Fund so that money could be earmarked for the sports facilities at Lorbeer and South Point Middle Schools. However, the City Council chose not to finance the facility and leave it as a cash purchase. Staff will propose to the City Council to see if they are interested in spearheading a fundraising effort. A number of years ago, then City Council Member and Mayor Bob Zirbes appointed a Sports Complex Task Force to study the matter which is how fundraising efforts began through the Diamond Bar Community Foundation. As a result, there are funds that have been set aside for a future sports complex; however, there needs to be more momentum and a citywide effort to move the matter forward. ADJOURNMENT: VC/Herndon moved, . C/Liang seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Roberto adjourned the meeting at 8:28 p.m. The foregoing minutes are hereby approved this day of 12011. Respectfully Submitted, BOB ROSE, SECRETARY Attest: DAVE ROBERTO, CHAIRMAN Agenda # 6 .3 Meeting Date: October 04, 2011 CITY COUNCIL AGENDA REPORTrP� , '0 Pow TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, city Man 66 TITLE: Ratification of Check Register date J September 15, 2011 through September 28, 2011 totaling $ 1,496,068.68. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$ 1,496,068.68 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 September 15, 2011 through September 28, 2011 for $ 1,496,068.68 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: 4D Finance Dired3r' Attachments: Affidavit and Check Register— 9/15/11 through 9/28/11. "g 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 September 15, 2011 through September 28, 2011 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $376,016.75 Prop A-Transit Fund 192,811.69 Prop C-Transit Tax Fund 9,024.18 Integrated Waste Mgt Fund 3,986.25 Com Dev Block Grand Fund 516.21 LLAD 38 Fund 14,373.64 LLAD 39 Fund 11,901.13 LLAD 41 Fund 4,529.12 Capital Imp Projects Fund 882,909.71 $1,496,068.68 Signed: Glenn Steinbrink Finance Director City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 9/15/2011 11-PP 19 PAYROLLTRANSFER P/R TRANSFER-1 1/PP 19 001 10200 155,895.56 $166,198.65 9/15/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 19 112 10200 3,658.05 9/15/2011 PAYROLLTRANSFER PIR TRANSFER-11/PP 19 113 10200 4,606.68 9/15/2011 PAYROLLTRANSFER P/R TRANSFER-11IPP 19 115 10200 1,522.15 9/15/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 19 125 10200 516.21 9/15/2011 1 95892 AAA FLAG AND BANNER SUPPLIES-DBC 0015333 41200 828.16 $828.16 9/15/2011 95893 ADVANTEC CONSULTING ENGINEERS INC ENG SVCS-SLURRY SEAL 0015551 45222 950.00 $1,800.00 9/15/2011 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 11-742 001 23012 850.00 9/15/2011 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE-EN 11-742 001 23012 153.00 9/15/2011 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE-EN 11-742 001 34650 -153.00 9/15/2011 1 95894 APRIL 1 BATSON REIMB-EXCURSION SUPPLIES 1 0015350 1 41200 1 50.14 $50.14 9/15/2011 95895 ARCHITERRA DESIGN GROUP INC PROF.SVCS-SYC CYN TRAILS 2505310 1 46415 1 476.25 $506.77 9/15/2011 JARCHITERRA DESIGN GROUP INC PROF.SVCS-SYC CYN TRAILS 2505310 46415 30.52 9/15/2011 95896 IAT&T PH.SVCS-GENERAL 0014090 1 42125 1 43.64 $43.64 9/15/2011 1 95897 1JAYATKINSON RECREATION REFUND 001 34780 1 79.00 $79.00 9/15/2011 1 95898 NOMAAN BAIL IFACILITY REFUND-DBC 1 001 1 23002 1 600.00 $600.00 9/15/2011 1 95899 RAUL BECERRA IFACILITY REFUND-DBC 1 001 1 36615 1 400.001 $400.00 9/15/2011 1 95900 IBENESYST 9/16/11-P/R DEDUCTIONS 1 001 1 21105 1 699.76 $699.76 9/15/2011 1 95901 BENESYST FLEXADMIN SVCS-3RD QTR 1 0014060 1 42346 1 100.00 $100.00 9115/2011 95902 JOHN E BISHOP ICONTRACT CLASS-SUMMER 1 0015350 1 45320 1 615.001 $615.00 9/15/2011 1 95903 ISANDRA BROWN FACILITY REFUND-DBC 1 001 1 23002 1 200.00 $200.00 9/15/2011 95904 CALIFORNIA COACH AUTO BODY TOW SVCS-ROAD MAINT 0015554 1 42200 1 60.00 $120.00 9/15/2011 ICALIFORNIA COACH AUTO BODY TOW SVCS-RD MAINT 0015554 42200 60.00 Pagel City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 9/15/2011 95905 CALIFORNIA CONSERVATION CORP TRAILS REHAB SVCS 0015558 45500 4,556.00 $4,556.00 9/1512011 1 95906 ICALIFORNIA CREATIONS LANDSCAPE JABATEMENT SVCS-783 BOWCRK 0015230 1 45214 1 800.00 $800.00 9/15/2011 1 95907 ITED A CARRERA T&T COMM-AUG 11 10015510 1 44100 1 45.001 $45.00 9/15/2011 1 95908 CARROT TOP INDUSTRIES INC SUPPLIES-DBC 0015333 41200 1 176.56 $176.56 9115/2011 1 95909 IRAN CHENG IRECREATION REFUND 1 001 1 34780 1 158.00 $158.00 9/15/2011 1 95910 CM SCHOOL SUPPLY SUPPLIES-TINY TOTS 1 0015350 1 41200 1 151.24 $151.24 9/1512011 1 95911 IMATTHEW CUELLAR FACILITY REFUND-DBC 001 1 23002 1 500.001 $500.00 9/15/2011 95912 DAY&NITE COPY CENTER PRINT SVCS-WASHINGTON PK 2505310 46415 2,128.84 $2,421.64 9/1512011 DAY&NITE COPY CENTER PRINT SVCS-SILVER TIP PK 2505310 46415 173.17 9/15/2011 DAY&NITE COPY CENTER PRINT SVCS-COMM SVCS 0015350 41200 119.63 9115/20111 95913 JDAY LITE MAINTENANCE CO INC LIGHTING CONTRACT-SEPT 11 0014093 1 42210 1 96.00 $96.00 9/15/2011 1 95914 DELTA DENTAL ISEPT 11-DENTAL PREMIUMS 001 21104 1 3,583.27 $3,583.27 9/15/2011 95915 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 175.00 $475.00 9/15/2011 CAROL DENNIS PROF.SVCS-T&T COMM 0015510 44000 175.00 9/15/2011 CAROL DENNIS PROF.SVCS-T&T COMM 0015510 44000 125.00 9/15/2011 1 95916 DEPARTMENT OF JUSTICE EMPLOYMENT PHYSICALS 1 0014060 1 42345 1 64.00 $64.00 9/15/2011 95917 DH MAINTENANCE ADDL JANITORIAL SVCS-DBC 0015333 1 45300 1 125.00 $400.00 9/15/2011 JDH MAINTENANCE ADDL JANITORIAL SVCS-PK 0015340 42210 275.00 9/15/2011 1 95918 DIAMOND BAR MOBIL FUEL-COMM SVCS 0015310 1 42310 1 278.50 $278.50 9/15/2011 95919 DIAMOND RANCH PPA FACILITY REFUND-DBC 001 23004 1 350.00 $538.46 9/15/2011 IDIAMOND RANCH PPA FACILITY REFUND-DBC 001 36615 188.46 9/15/2011 1 95920 ISARAH DISNEY FACILITY REFUND-PANTERA 001 23002 1 200.00 $200.00 Page 2 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 9/15/2011 95921 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-JUL 11 1125553 1 45529 1 3$,887.00 $82,714.50 9/15/2011 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-AUG 11 1125553 45529 43,827.50 9/15/2011 95922 EVERGREEN INTERIORS PLANT SVCS-DBC AUG 11 0015333 1 45300 1 177.00 $312.00 9/15/2011 IEVERGREEN INTERIORS PLANT SVCS-HERITAGE AUG 0015340 42210 135.00 9/15/2011 95923 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 104.51 $28,207.55 9/15/2011 EXCEL LANDSCAPE ADDL MAINT DIST 39 1395539 42210 290.18 9/15/2011 EXCEL LANDSCAPE ADDL MAINT-DIST 41 1415541 42210 340.04 9/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,718.00 9/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 9/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 9/15/2011 95924 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 75.00 $585.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 40.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 125.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 50.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 225.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-HERITAGE 0015340 42210 40.00 9/15/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 9/15/2011 95925 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 228.60 $865.80 9/15/2011 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 66.92 9/15/2011 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 283.39 9/1512011 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 188.37 9/15/2011 FEDEX EXPRESS MAIL-GENERAL 0014090 42120 98.52 9/15/2011 95926 WILLIAM GIEBE CONTRACT CLASS-SUMMER 0015350 1 45320 1 816.00 $816.00 9/15/2011 95927 GRAND MOBIL FUEL-PNVORKS 0015554 42310 61.33 $280.34 9/15/2011 GRAND MOBIL FUEL-PNVORKS 0015554 42310 15.48 9/15/2011 GRAND MOBIL VEH MAINT-PNVORKS 0015554 42310 54.33 9/15/2011 GRAND MOBIL VEH MAINT-PNVORKS 0015554 42310 20.00 9/1512011 GRAND MOBIL VEH MAINT-PNVORKS 0015554 42310 129.20 Page 3 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 9/15/2011 95928 HARDY&HARPER INC SIDEWALK MAINT-JUN 11 0015554 45504 45,388.50 $97,441.45 9/15/2011 HARDY&HARPER INC SIDEWALK MAINT JUN 11 0015554 45504 4,744.25 9/15/2011 HARDY&HARPER INC STRIPING MAINT-JUN 11 0015554 45506 20,000.00 9/15/2011 HARDY&HARPER INC IRD PAVEMENT MAINT-JUN 11 0015554 45502 27,308.70 9/15/2011 95929 HASLER INC POSTAGE-10/11-9/12 1 0014090 1 42120 1 298.98 $298.98 9/15/2011 1 95930 JEFFREY HIROSE CONTRACT CLASS-SUMMER0015350 1 45320 1 576.00 $576.00 9/15/2011 1 95931 IKEVIN HOUSE T&T COMM-AUG 11 1 0015510 1 44100 1 45.00 $45.00 9/15/2011 1 95932 JINCONTACT INC LONG DIST SVCS-AUG 11 1 0014090 1 42125 1 58.671 $58.67 9/15/2011 1 95933 1 INTL COUNCIL OF SHOPPING CENTERS JANNL MEMBERSHIP DUES 10014096 1 42315 1 50.001 $50.00 9/15/2011 1 95934 IMOHAMAD R JAHANVASH CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 108.00 $108.00 9/15/2011 95935 JENKINS&HOGIN,LLP LEGAL SVCS-AUG 2011 0014020 44020 4,319.20 $5,495.10 9/15/2011 JENKINS&HOGIN,LLP LEGAL SVCS-COM DEV AUG 0014020 44020 382.20 9/15/2011 JENKINS&HOGIN,LLP LEGAL SVCS-COMM SVCS AUG 0014020 44020 546.00 9/15/2011 JENKINS&HOGIN,LLP LEGAL SVCS-P/WORKS 0014020 44020 72.80 9/15/2011 JENKINS&HOGIN,LLP LEGAL SVCS-MINI PARKS 0014020 44020 174.901 1 9/15/2011 1 95936 CHRIS KIM REFUND-BANNER 1 001 1 34430 1 100.00 $100.00 9/15/2011 1 95937 YOUNG KIM CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 756.00 $756.00 9/15/2011 1 95938 IGABRIELA KLEIN CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 930.001 $930.00 9/15/2011 95939 KOA CORPORATION DESIGN SVCS-BACK UP SYS 2505510 1 46412 3,281.58 $7,699.08 9/15/2011 IKOACORPORATION ITS SVCS-TMS TECH SUPPORT 1135553 44000 4,417.50 9/15/2011 1 95940 ILIANA PINCHER T&T COMM-AUG 11 0015510 1 44100 1 45.001 $45.00 9/15/2011 95941 LOS ANGELES COUNTY MTA MTA PASSES-JUL 2011 1125553 1 45535 1 2,848.55 $3,683.50 9/15/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-JUL 2011 1125553 45533 834.95 Page 4 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 9/15/2011 95942 LOS ANGELES COUNTY MTA MTA PASSES-TAP JUL 1125553 45535 120.00 $150.00 9/15/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-TAP JUL 1125553 45533 30.00 9/15/2011 95943 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-JUN 11 0015340 42210 662.86 $4,363.92 9/1512011 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE-MAY 11 0015510 45530 1,246.28 9/15/2011 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE-APR 11 0015510 45530 2,454.78 9/15/2011 95944 SURENDRA MENTA FACILITY REFUND-DBC 001 36615 780.00 $1,613.22 9/15/2011 SURENDRA MEHTA FACILITY REFUND-DBC 001 23002 659.00 9/15/2011 SURENDRA MEHTA FACILITY REFUND-DBC 001 23004 174.22 9/15/2011 95945 METROLINK METROLINK PASSES-AUG 11 1125553 45535 84,825.00 $89,062.50 9/15/2011 METROLINK CITY SUBSIDY-AUG 11 1125553 45533 21,206.25 9/15/2011 METROLINK METROLINK PASSES-RETURNED 1125553 45535 -16,968.75 9/15/2011 95946 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 0015333 41200 28.39 $154.30 9/15/2011 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 0015333 41200 109.91 9/15/2011 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 0015333 41200 8.00 9/15/2011 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 0015333 41200 8.00 9/15/2011 1 95947 KENNETH MOK T&T COMM-AUG 11 1 0015510 1 44100 1 45.00 $45.00 9/15/2011 1 95948 IMARLENE RAMIREZ MOONEY CONTRACT CLASS-SUMMER 1 0015350 1 45320 1 90.00 $90.00 9/15/2011 1 95949 IMUNICIPAL COURT POMONA JUDICIAL DIS PARKING CITE ADMIN-JUL 11 1 001 1 32230 1 1,172.50 $1,172.50 9/15/2011 1 95950 OLYMPIC STAFFING SERVICES ITEMP SVCS-COM DEV 8/26 1 0014060 1 44000 1 317.76 $317.76 9/15/2011 95951 ONWARD ENGINEERING ROAD MAINT PROJ-JUL 2505510 46411 7,355.05 $20,280.00 9/15/2011 ONWARD ENGINEERING ROAD MAINT PROJ-JUL 2505510 46411 10,507.07 9/15/2011 ONWARD ENGINEERING ROAD MAINT PROJ-JUL 2505510 46411 2,417.88 9/15/2011 1 95952 JORCHEPIA REFUND-BANNER 1 001 1 34430 1 100.001 $100.00 9/15/2011 1 95953 IREIME PARENT IFACILITY REFUND-DBC 1 001 1 36615 1 50 $422.50 Page 5 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 9/15/2011 95954 PERS HEALTH OCT 11-HEALTH INS PREMS 001 21105 32,439.50 $33,110.61 9/15/2011 PERS HEALTH OCT 11-HEALTH INS PREMS 0014090 40086 540.00 9/15/2011 PERS HEALTH OCT 11-HEALTH INS PREMS 0014060 40093 131.11 9/15/2011 95955 PERS RETIREMENT SURVIVOR BENEFIT 001 211098.00 $211.66 9/15/2011 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 203.66 9/15/2011 95956 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 1 45.57 $11,376.58 9/15/2011 IPERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,331.01 9/15/2011 95957 PROFORMA ELEMENT 7 PROMO ITEMS-RECYCLED 1155516 1 41400 1 1,423.92 $2,431.78 9/15/1 IPROFORMA ELEMENT 7 PROMO ITEMS-RECYCLED 1155516 41400 1,007.86 9/15/2011 95958 PROTECTION ONE INC ALARM SVCS-HERITAGE 0015340 1 42210 1 85.58 $145.20 9/15/2011 PROTECTION ONE INC ALARM SVCS-DBC 0015333 42210 59.62 - 9/15/2011 1 95959 1ROSAQUINONEZ RECREATION REFUND 001 134780 1 79.00 $79.00 9/15/2011 95960 R P LAURAIN&ASSOCIATES 77777- APPRAISAL SVCS-SITE D 0014030 44000 3,800.00 $3,800.00 9/15/2011 95961 1 ROBERT RAMOS RECREATION REFUND 1 001 1 34780 1 122.00 $122.00 9/15/2011 95962 REGIONAL TAP SERVICE CENTER TAP PASSES-AUG 2011 1125553 1 45535 1 10,834.51 $13,543.14 9/15/2011 REGIONAL TAP SERVICE CENTER CITY SUBSIDY-AUG 2011 1125553 45533 2,708.63 9/15/2011 1 95963 ICATHERINE ROSSI RECREATION REFUND 001 34780 1 158.001 $158.00 9/15/2011 1 95964 SAMI RUSTOM REFUND-BANNER 1 001 1 34430 1 100.00 $100.00 9/15/2011 1 95965 ISAN GABRIEL VALLEY COUNCIL OF GOVT TAC MTG-YEE/GALLEGOS 1 0015551 1 42325 1 50.00 $50.00 9/15/2011 1 95966 SCMAF I ICONTRACT CLASS-SUMMER 1 0015350 1 45320 1 992.00 $992.00 9/15/2011 1 95967 SECTRAN SECURITY INC. COURIER SVCS-SEPT 2011 1 0014090 1 44000 1 308.461 $308.46 9/15/2011 1 95968 JALVARO SIERRA IFACILITY REFUND-DBC 1 001 1 36615 1 400.00 $400.00 Page 6 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund1 Dept Acct# Amount Total CheckAmount 9/15/2011 95969 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL ' 0015510 42126 469.63 $9,315.08 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 204.46 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 223.15 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 628.22 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 46.77 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 134.23 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 22.14 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-NEW C/HALL 0014093 42126 3,454.60 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 23.07 9/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 23.07 9/1512011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-NEW C/HALL 0014093 42126 4,060.81 9/1512011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 24.93 9/15/2011 1 95970 STANLEY CONVERGENT SECURITY SOLUTIO SVCS EQ-DBC 0015333 1 42210 1 1,500.001 $1,500.00 9/15/2011 1 95971 IGLENN STEINBRINK PROF.SVCS-FINANCE DIR 9/8 0014050 1 44000 1 3,200.001 $3,200.00 9/1512011 95972 SULLY MILLER CONTRACTING CO RETENTIONS PAYABLE 250 20300 -64,534.61 $856,539.35 9/15/2011 SULLY MILLER CONTRACTING CO RETENTIONS PAYABLE 250 20300 -30,636.43 9/15/2011 SULLY MILLER CONTRACTING CO ROAD MAINT PROD-AREA 7 2505510 46411 645,346.06 9/15/2011 SULLY MILLER CONTRACTING CO ROAD MAINT PROJ-ZONE 5 2505510 46411 306,364.33 9/15/2011 1 95973 ITENNIS ANYONE INC ICONTRACT CLASS-SUMMER 0015350 1 45320 1 149.801 $149.80 9/15/2011 95974 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-LLAD#38 0015510 42115 3,968.60 $10,632.06 9/15/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-LLAD#39 0015510 42115 3,355.88 9/15/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-LLAD#41 0015510 42115 3,307.58 9/15/2011 1 95975 DARLATIGHE ICONTRACT CLASS-SUMMER 0015350 1 45320 1 129.60 $129.60 9/15/2011 1 95976 TIME WARNER IMODEM SVCS-HERITAGE PK 0015340 1 42126 1 116.01 $116.01 9/15/2011 1 95977 DAVID TSAI IRECREATION REFUND 1 001 1 34780 1 158.00 $158.00 9/15/2011 1 95978 DIANATSAI IRECREATION REFUND 1 001 1 34780 1 79.00 $79.00 Page 7 City of Diamond Bar - Check Register 09/15/2011 thru 09/28/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total CheckAmount 9/15/2011 95979 VANTAGEPOINT TRNSFR AGNTS-303248 9/16/11-P/R DEDUCTIONS 001 21108 4,739.84 $5,694.23 9/15/2011 VANTAGEPOINT TRNSFR AGNTS-303248 9/16/11-LOAN DEDUCTIONS 001 21108 954.39 9/15/2011 95980 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 36.90 $1,526.37 9/15/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 71.41 9/15/2011 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 78.58 9/15/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 847.37 9/15/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.37 9/15/2011 VERIZON CALIFORNIA PH.SVCS-FAX LINE C/MGR 0014030 42125 37.79 9/15/2011 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 183.17 9/15/2011 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 117.69 9/15/2011 VERIZON CALIFORNIA PH.SVCS-HERITAGE ALARM LN 0015340 42125 84.15 9/15/2011 VERIZON CALIFORNIA PH.SVCS-HERITAGE COMM CTR 0015340 42125 38.94 9/15/2011 1 95981 VERIZON CALIFORNIA PH.SVCS-NEW C/HALL 0014093 1 42125 1 111.05 $111.05 9/15/2011 1 95982 JERIKAVIEYRA CONTRACTCLASS-SUMMER 0015350 1 45320 1 259.20 $259.20 9/15/2011 95983 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 1385538 1 42126 1 2,322.13 $2,915.72 9/15/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-NEW C/HALL 0014093 42126 593.59 9/15/2011 1 95984 WELLDYNERX SHARPS SVCS-AUG 2011 1155515 1 44000 1 32.32 $32.32 9/15/2011 95985 THERESA WINECKI ICONTRACT CLASS-SUMMER 0015350 1 45320 1 540.00 $540.00 9/15/2011 1 95986 ALBERTO YAP CONTRACT CLASS-SUMMER 0015350 1 45320 1 168.00 $168.00 9/15/2011 1 95987 VIVIAN YO0 FACILITY REFUND-DBC 1 001 23002 1 650.00 $650.00 $1,496,068.68 Page 8 Agenda # 6. 4 Meeting Date: Oct. 4, 2011 � � S i o CITY COUNCIL AGENDA REPORT 'ORPORS; r9Sg TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Preliminary Treasurer's Statement—August 2011 RECOMMENDATION: Approve the August 2011 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 10-11 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised August treasurer's statement will be presented to the City Council for approval. PREPARED BY: Glenn Steinbrink, Interim Finance Director O JiL�- Interim Finance Director Assistant City Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report ' CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT August 31.m011 (Preliminary) �....�.�...�.�.�.���.�/�����.�.;����.�����.�.�....�.�.�.�.�.�.���� � ^````````.`''''''``````````.``````�``. .�...,......�� GENERAL FUND $21.533,388.63 1,202,201.81 $1,883,406.50 $20.852,184.04 COMMUNITY ORGSUPPORT FD 50I0 200.00 (150D0 MEASURE RLOCAL RETURN FD 601.888.30 47.684.71 0.00 649.683.01 GAG T/0( FUND 377.859.24 288.572.40 006.481.64 TRANSIT TX(PROP A) FD 301.782.95 162.455.05 205.573.83 198.664.17 TRANSIT TX(PROP O) FD 2.012.184.42 63.882.54 10.520.84 2.065.050.62 |GTEAFund 759.546.94 759.546.84 INTEGRATED WASTE MGT FD 728.075J1 79.429.82 12.017.08 785.488.45 TRAFFIC IMPROVEMENT FUND 229.865.65 4.385.38 225.58027 AB2S2O-TRCONGESTION RELIEF FD 35.442.57 85.442.57 AIR QUALITY |MPRVMNT FD 183.987.24 14.472.64 148.459.88 TRAILS&BIKEWAYS FD 0.00 0.00 Prop 1BBond Fund 182.488.43 182.488.48 PARK FEES FD 850.033.85 850.633.85 PRVPA-SAFEPARKGACTFUND <67.131.21> (67.131.21} PARK&FACILITIES DEVELFD 570.468.58 570.468.58 COM DEV BLOCK GRANT FD <58.628.96> 08.372.00 12.758.09 (3.016.05) CITIZENS OPT-PUBLIC SAFETY FD 142.814.80 142.814.80 ' NARCOTICS ASSET SEIZURE FD 263.933.04 263.839.04 CALAW ENFORCEMENT EQUIP PRG/ 46.986.50 46.986.50 EBYRNEJUSTICE ASSIST GRANT 46.077.05 46.077.05 LANDSCAPE DIST #38 FD 23.017.85 1.834.37 50720 24.444.86 LANDSCAPE DIST #38 FD (7.781.85) 208.17 426.47 (7.980.25) LANDSCAPE DIST #41 FD 20.101.64 45841 242.20 20.388.85 CDOG-RFund 1 (0.03) (0.63) ENERGY EFF&CNGVTN8LKGIRT <2,406.11> 14.174.00 (16.58011) CAP IMPROVEMENT PRJ FD 52�0.88 138.053.39 (86�22.51) SELF INSURANCE FUND 775.578.83 20.759.00 754.619.83 EQUIPMENT REPLACEMENT FUND 215.151.45 215.151.45 COMPUTER REPLACEMENT FUND 404.611.07 1.969.68 402.041.38 PUBLIC FINANCING AUTHORITY FVN TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT $53.007.23 PAYROLL ACCOUNT 41.604.45 CHANGE FUND 1.000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $86.111.08 INVESTMENTS: UGTREASURY MONEY MARKET ACCT $1.288.539.85 LOCAL AGENCY INVESTMENT FD 17.121.079.92 BONDS&CERTIFICATE DEPOSITS 10.780.000.00 CASH WITH FISCAL AGENT: VGTREASURY MONEYMARKETACCI 82.220.47 TOTAL INVESTMENTS $29.222.846.34 TOTAL CASH Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing inlonger term investments. These investments are detailed onthe attached Investment Report. All investments are in compliance with the investment policy adopted by the City of Diamond Bar. The above summary provides sufficient cash flow liquiditytomeet the next six month's CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of August 2011 Issue Maturity Amount Curr Par/ Fair Market Investment Type Cusip Rating Date Date Term At Cost Orig Par Value* Rate Federal National Mortgage 31398A4A7 AAA 09/27/10 09/27/13 3.0 Yrs 1,000,000 1,000,000 1,001,100 1.200% Federal Home Loan Bank 1 313371S98 AAA 12/02/10 12/02/13 3.0 Yrs 1,000,000 1,000,000 1,000,620 1.000% Federal Home Loan Bankds Bnd 3133XXHD2 AAA 03/30/10 12/30/13 2.75 Yrs 1,000,000 1,000,000 1,002,180 2.050% Fed Home Loan Banks Bond 3133747J3 AAA 06/28/11 03/28/14 2.75 Yrs 1,000,000 1,000,000 1,000,630 1.050% Federal National Mortgage Assoc 3135GOAV5 AAA 03/02/11 06/02/14 4.25 Yrs 1,000,000 1,000,000 1,001,040 1.800% Fed Home Loan Bank 313373YG1 AAA 06/09/11 09/09/14 3.25 Yrs 1,000,000 1,000,000 1,000,660 1.400% Fed Home Loan Banks Bond 313371RQ1 AAA 11/30/10 11/30/15 5.0 Yrs 1,000,000 1,000,000 1,003,220 1.500% Federal National Mortgage Unnt 3135GOBU6 AAA 07/18/11 07/18/14 3.0 Yrs 1,000,000 1,000,000 1,001,920 1.250% Federal Home Loan Bank Bond 313374MV9 AAA 07/25/11 07/25/16 5.0 Yrs 1,000,000 1,000,000 1,003,210 2.277% Negotiable CD-Aurora Bank 05155THP6 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 248,000 246,976 0.900% Negotiable CD-BMW Bank 05568PP35 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 248,000 246,884 0.850% Negotiable CD-Discover Bank 254670G30 AAA 06/29/11 06/30/14 3.0 Yrs 248,000 248,000 246,953 1.250% Negotiable CD-GE Capital 3616OWUB3 AAA 06/24/11 06/24/14 3.0 Yrs 248,000 248,000 246,867 1.350% Negotiable CD-GE Money Bank 36159AW71 AAA 06/24/11 06/24/15 4.0 Yrs 248,000 248,000 246,497 1.750% Negotiable CD-American Exp Bk 02587DBJ6 AAA 07/14/11 01/14/14 2.5 Yrs 248,000 248,000 247,211 1.050% Negotiable CD-CIT Bank 17284AUM8 AAA 06/29/11 06/29/15 4.0 Yrs 248,000 248,000 246,517 1.600% Total Securities&CDs $ 10,736,000.00 10,736,000 $10,742,485.28 Local Agency Inv Fund AAA 17,121,079.92 17,148,070.79 0.408% US Treasury Money Market AAA $1,283,539.95 1,283,539.95 0.010% Total Liquidity $ 18,404,619.87 $18,431,610.74 Union Bank-(Fiscal Agent) AAA 82,226.47 82,226.47 0.010% Total investments $ 29,222,846.34 $ 29,256,322.49 2011-12 Budgeted Interest Income $321,200.00 Actual Year-To-Date Interest Income $3,880.77 Percent of Interest Received to Budget 1.208% TYPE OF INVESTMENTS: Allocation of Book Value of Investment by Type Federal Agency Security (By Percent) Federal Agency Securities are issued by direct U.S Government agencies or quasi-government agencies.Many of these issues are guaranteed directly or indirectly by the United States Government.The City Investment Policy places a 40%limit on this type of investment and the security investment is currently Federal Agency LAIF Fund held in a custodial account by Wells Fargo Institutional Securities LLC for safe- Securities 58,59% keeping services. 30.80% Local Agency Investment Fund (LAIF) _ + Certificate LAIF is an investment pool for local agencies which is managed by the State s U.S Treasury t Deposits Treasurer and regulated by the State law.The City Investment Policy places no Money Market o limit on this type of investment. 4.67% Total Investment-$29,222,846 5.94/222 846 U.S.Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper.The City Investment *Source of Fair Market Value:Wells Fargo Institutional Securities,LLC Policy places no limit on this type of investment. Negotiable Certificate Of Deposit A certificate of deposit with a minimum face value of$100,000.These are insured by FDIC up to$250,000 per owner for single accounts. Agenda # 6.5 Meeting Date: October 4, 2011 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana&e —�p TITLE: ADOPT RESOLUTION NO. 2011-XX APPROVING FINAL TRACT MAP NO. 71396, FOR THE SUBDIVISION OF AIR SPACE FOR A 30-UNIT OFFICE CONDOMINIUM, LOCATED IN THE DIAMOND HILLS PLAZA IN THE CITY OF DIAMOND BAR RECOMMENDATION: Adopt Resolution, direct the City Engineer to sign the map and the City Clerk to certify and process the map for recordation FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: The Tentative Map application was made to the Planning Commission by the property owner Country Hills Holdings, LLC and the applicant, THL Investments, LLC at a duly noticed public hearing on January 11, 2011 which the Commission concluded its review of the application and adopted Resolution No. 2011-03 approving the Tentative Tract Map No. 71396. The City Council conducted a duly noticed public hearing on this application on February 15, 2011 which the Council adopted Resolution No. 2011-03 approving Tentative Tract Map No. 71396. DISCUSSION: Since this project is being constructed in an existing shopping center all public improvements have already been constructed negating the need for a Subdivision Agreement. Rough grading of the site has been approved and building permits for the 3-story office bldg. have been issued while construction continues. A grading bond in the amount of$25,872 was posted as a cash deposit with the City in February 2011 and will be held until all grading has been completed and accepted by the City. The Final Tract Map subdivides air space into 30 office condominium units while the remaining land on the parcel is dedicated to parking and access which is covered by a reciprocal agreement with all owners/tenants of the shopping center as well as designated fire lanes and utility easements. The Final Tract Map 71396 has been reviewed by both the Diamond Bar Public Works Department and Planning Division and has been found to be technically correct and conforms substantially to the approved tentative tract map. The final map meets the requirements of the conditions of approval. PREPARED BY: DATE PREPARED: Kimberly M. Young, Associate Engineer September 28, 2011 REVIEWED BY: Z� Davi f G. Mu, Director of Public Works Attachments: Resolution No. 2011-XX Tract Map 2 RESOLUTION NO. 2011-XX A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP 71396, FOR THE SUBDIVISION OF AIR SPACE IN TO A 30-UNIT OFFICE CONDOMINIUM, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS (i) THL Investment, LLC, 17528 Rowland Street, City of Industry, CA 91748 (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No 71396, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On January 11, 2011 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Tentative Tract Map and, upon conclusion of said public hearing on January 11, 201 1the Planning Commission adopted it's Resolution No. 2011-03 recommending that the City Council approve Tentative Tract Map 71396. (iii) On February 15, 2011 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Tentative Tract Map and, upon conclusion of said public hearing on February 15, 2011 the City Council adopted its Resolution No. 2011-03 approving Tentative Tract Map 71396. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set for in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the Tentative Tract Map and this Council hereby specifically approves Final Tract Map 71396, as presented. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to THL Investment, LLC, 17528 Rowland Street, City of Industry, CA 91748 PASSED, APPROVED AND ADOPTED this 4th day of October, 2011. Steve Tye, Mayor 1, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of October, 2011, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar 1 :LOT SHEET 1 OF 2 SHEETS 7 . [,��° 41,089 F. S. . N,:. / ,� �/ll IN,THE CITY OF 0IAMOND;;BAR COUNTY OF-LOS.ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION .OF A PARCEL 11 OF PARCEL MAP NO. 18722, AS PER 'MAP RECORDED IN BOOK 247, PAGES 28 TO 31, INCLUSIVE, OF PARCEL MAPS, IN;THE OFFICE OF COUNTY'RECORDER,''OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT: SURVEYOR'S STATEMENT: WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN INCLUDED WITHIN-THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BDRDER -,CONFORMANCE VAIN THE REOIIREMEN7S OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE UNUM AND WE CONSENT TO THE PREPARATION AND RUNG GF.SAID MAP AND SUBDIVISION, .REGUEST OF PEICHIN LEE OF THL INVESTMENT,LLC.ON APRIL 20,2010.1 HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED YMTA71VE MAP;THAT ALL AS A DEDICATION TO PUBUC USE,WHILE.ALL OF FOUNTAIN SPRINGS ROAD WITHIN OR THE MONUMENTS OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE; THAT THE ADJACENT TO THIS SUBDIVISION REMAINS A PUBLIC STREET,WEHEREBYABANDON ALL RIGHTS 'MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.AND THAT TIE NOTES FOR -'EXCEPTAS APPROVED BY THE CITY OF DIAMOND BAR OF DIRECT VEHICULAR INGRESS AND ALL CENTERLINE HUNUHENTS NOTED AS'SET'ARE ON FILE IN THE OFFICE OF THE CITY ._. EGRESS FROM ABUTTING LOTS TO SAID STREET.IF ANY PORTION OF SAID STREET WITHIN OR ENGINEER, ADJACENT TO THIS SUBDIVISION IS VACATED,SUCH VACATION TERMINATED THE ABOVE LAND DEDICATION AS TO.THE PART VACATED, 'THL INVESTMENT,LLC„A CALIFORNIA UMITED LIASIUTY COMPANY(OWNER) �A' JA^J(GI LEE �< -\ Ct AN. zy� 3,z III w°i.e-so-zou A , JACK C.LEE LS 8407 ' N0.U07 .Zs (Em EXPIRES:6-30-2012 qlf Of CALVEO�' NOTARY ACKNOWLEDGEMENT: BASIS OF BEARING NOTES: :STATE Of CALIFORNIA 'THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING N49'12'42'W OF THE C047MUNE OF COUNTY OF LOS ANGELES ) - FOUNTAIN SPRINGS ROAD,AS SHOWN ON MAP FILED IN BOOK 247,PAGES 28 TO 31,OF MAPS, .��-�-�.�1� RECORDS OF LOS ANGELES COUNTY. P&%A iL 121WED ORE ME C SLAVE To M A NOTARY PUBUC, PERSO ALLY APPEARED PEI-CHIN LEE, PROVED TO ME ON THE BASIS OF SATISFACTORY ' ACKEVIOENCENOWIIDGETO DETO ME THAT SHE EXEPERSON WHOSE CUTED ITMSUBSCRIBEDSAIN TO THE HER AUTHORIZED IN INSTRUMENT ANO THAT AND CONDOMINIUM NOTE: BY HER SIGNATURE ON THE INSTRUMENT,THE PERSON OR THE ENTITY UPON BEHALF aF WHICH - THIS SUBDIVISION IS APPROVED AS A OFFICE CONDOMINIUM PROJECT FOR 30 UNITS,WHEREBY THE 'THE PERSON ACTED,EXECUTED THE INSTRUMENT. OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON MEAS 1 CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THAT WILL,IN TURN,PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND CITY ENGINEER'S STATEMENT: /�,,/�'� Q O./ /' I HEREBY STATE THAT I HAVE EXAMINED THIS MAP;THAT IT CONFORMS SUBSTANTIALLY TO THE SIGNATURE�^"�"^f-" MY COMMISSION NO.to O 47`Y'I TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF;THAT ALL PROVISIONS OF SUBDIVISION lL ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE'AT THE TIME OF APPROVAL OF THE PRINT NAME:CefO�.�TAi7 1174 MY COMMISSION EXPIRES: ,123 ��, TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT I AM SATISFIED THAT THIS MAP IS :TECHNICALLY CORRECT:WITH RESPECT TO CITY RECORDS. ..MY PRINCIPAL:PLACE OF BUSINESS ISN 105 ANGELES COUNTY. BENEFICIARY: AMERICAN CONTINENTNUOMIKBENERMARY,UNDER A DEED CF TRUST RECORDED FEBRUARY 18, DAVID G.UU - DATE 2011,AS INSTRUMENT NO.20170269337,OF OFFICIAL RECORDS. .CITY ENGINEER R.C.E NO.44053,EXPIRES 6-3G-2013 �nr"7111 CITY SURVEYOR'S STATEMENT: PPRINT NAME((;,V, Fl<:..,�c� REVIEWED FOR CITY OF DIAMOND BAR BY. . nnE oto HALL AND FOREMAN,INC. I HEREBY STATE THAT I HAVE EXAMINED THIS MAP THAT IT COMPLIES VAIN All PROVISIONS NOTARY ACKNOWLEDGEMENT: OF STATE LAW APPUCABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP;AND THAT 1 AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO 'STATE OF CALIFORNIA BY THE CITY ENGINEER. COUNTY OF LOS ANGELES QK<4�cu'�'2•. RIC �y,��J A-NOTARY PUBLIC,PERSONALLY - �J"'� APPEARED 71,1V.1L tZu_+_A TO-SE-THE WHO PROVED TOMETHE .JON GURGEOiS, CE 30242 DA ".BASIS O'SATSRACTIERY EVIDENCE P SONER (S)WHOSE NAME($)IS/ARE-SUBSCRISED - .. TO THE WITHIN.INSiAUMENT AND ACI9NOW1EDGm 70 ME THAT HE/SHE//T7HHEY EXECUTED TINE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES)AND THAT BY HIS/HER/IHEIR SICNA.E(S)ON THE INSTRUMENT,THE'.PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S).ACTED, SPECIAL ASSESSMENT'S STATEMENT: EXECUTED THE INSTRUMENT. T HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY FOREGOING PARAGRAPH IS TR I CERTIFY UNDER PENALTY TR PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE - OF DIAMOND BAR,TO WHICH THE LAND INCLUDED IN-THE WITHIN SUBDIVISION OR ANY PART UE AND CORRECT. THEREOF IS SUBJECT AND WHICH MAY BE PAID IN FULL.HAVE BEEN PAID IN FULL WITNESS MY HAND SIGNATURE MY COMMISSION N0. t74T4K PRINT NAME -7fH.c1P`"(/ MY COMMISSION EXPIRES::M- BL,T. 3p I I MY PRINCIPAL PLACE'OF BUSINESS IS IN ' p { DATE CITY CLERK-CITY OF DIAMOND BAR sly+ OUNTY. SIGNATURE OMISSION NOTE: CITY CLERK'S STATEMENT: IN ACCORDANCE WITH THE PROVISIONS OF SECTION 88436(o)3A(1-v91)OF THE SUBDIVISION MAP, I,TOMMVE CRIBSINS,CITY CLERK OF THE CITY OF DIAMOND BAR,DO HEREBY STATE THAT THIS THE FOLLOWING SIGNATURES HAVE BEEN OMHTIED,AS THEIR INTEREST IS SUCH THAT IT CANNOT .MAP WAS PRESENTED FOR APPROVAL TO THE DIAMOND BAR CITY COUNCIL AT A REGULAR RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. MEETING THEREOF,HELD ON THE_DAY OF 2011 AND THAT THEREUPON FOUNTAIN SPRINGS DEVELOPMENT COMPANY,A GENERAL PARTNERSHIP,HOLDER OF AN EASEMENT SAID COUNCIL,BY AN ORDER DULY PASSED AND ENTERED DID APPROVE SAID MAP, FOR VEHICLE DPARKING,PEDESTRIAN TRAFFIC ACCESS AND INCIDENTAL PURPOSES,AS PER DEED RECORDED JULY ti,1873,AS INSTRUMENT N0,306,OF OFFICIAL RECORDS,RECORDS OF.LOS :ANGELES COUNTY. SAID EASEMENT IS BLANKET IN NATURE. - DATE CITY CLERK-CITY OF DIAMOND BAR - WALNUT VALLEY WATER DISTRICT,HOLDER OF AN EASEMENT FOR WATER PIPELINE PURPOSES,AS PER DEEDS RECORDED JULY 23,1973,AS INSTRUMENT.NO.1740:AND JANUARY 13,1977,AS "INSTRUMENT NO.77-44894,BOTH OF OFFICIAL RECORDS,RECORDS OF LOS ANGELES COUNTY. I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEE14 FILED AND DEPOSITS HAVE BEEN MADE .SOUTHERN CALIFORNIA EDISON COAPANY,A CORPORATION,HOLDER OF AN EASEMENT FOR PUBUC THAT FRE REWIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66483 OF THE URUTES,AS PER DEED RECORDED FEBRUARY 24,2011.AS INSTRUMENT NO.20110295098.OF SUBDIVISION MAP ACT. OFFICIAL RECORDS,RECORDS OF LOS ANGELES COUNTY. EXECUTIVE OFFICER,BOARD OF SUPERVISORS VERIZON CALIFORNIA,INF,A CORPORATION,FORMERLY GTE CALIFORNIA,INC.,A CORPORATION, OF THE COUNTY OF LOS ANGELES,STATE OF CAUFORNIA FORMERLY INCORPORATED,AS GENERAL TELEPHONE COMPANY OF CAUFORNIA,A CORPORATION, HOLDER OF AN EASEMENT FOR PUBUC UTILITIES PURPOSES,AS PER DEED RECORDED'DECEMBER 7, By DATE 1988,AS INSTRUMENT NO.88-1954032,OF OFFICIAL flECORDS,RECORDS OF LOS ANGELES COUNTY. DEPUTY SAID EASEMENT S.BLANKET IN NATURE INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CAUFORNIA,ACORPORATION,' HOLDER OF AN EASEMENT FOR PARKING AREA PURPOSES,AS PER DEEDS RECORDED.JUNE 28,1995, AS INSTRUMENT NO.95-1031844 AND 95-101645,BOTH OF OFFICIAL RECORDS,RECORDS OF LOS - ES COUNTY. SAID i HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF S HAS BEEN SATO EASEMENT IS BLANKET IN NATURE FILED WITH THE EXECUTIVE OFFICER,BOARD OF SUPERVISORS OF THE COUNTY OF LOS SOUTHERN CAUFORNIA GAS COMPANY,A CORPORATION,HOLDER OF AN EASEMENT FOR PUBUC ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED j URUTES PURPOSES,AS PER DEED RECORDED MAY 6,2008,AS INSTRUMENT NO.20OB-0793954, AS TAXES ON THE LAND SHOWN W MAP OF TRACT NO.71396 AS REBURIED BY LAW. OF OFFICIAL RECORDS,RECORDS OF LOS ANGELES COUNTY. - EXECUTIVE OFFICER,BOARD OF SUPERVISORS COUNTRY HIUS HOLDING LLC„A DELAWARE LIMITED LIABILITY COMPANY,HDLDER OF AN EASEMENT OF THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA FOR VEHICLE PARKING,PEDESTRIAN AND YETHICULAR INGRESS AND EGRESS PASSAGE AND INCIDENTAL PURPOSES,AS PER DEED RECORDED MAY 4,2011,AS INSTRUMENT NO,201100372B8,OF OFFICIAL BY GATE RECORDS,RECORDS OF LOS ANGELES COUNTY. DEPUTY. DATE- ,SAID EASEMENT IS OF IN NATURE SCALER 1 30' T®/p C T NO, ;�1396 SHEET 2 OF'2 SHEETS 'IN THE.,CITY OF.DIAMOND BAR COUNTY OF LOS:ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM. PURPOSES .MONUMFNTNOTES• Q FD 2"BOLT,DN 6',IN SID.SURVEY MONUMEMNT WELL PER LA TRACT INFORMATION CO.PWFB-1033-178C,179C,FITS ALL TIES AND ACCEPTED AS FLOpt N0. NO„R-UNIT BOOR AREA EC.PER SAID FB - t �`-�'L,jitS.F. Q2 FD 2'BOLT,DN 10',IN 570.SURVEY MONUMENT WELL.PER LA 1 17�S.F. CO.PWFB-1033-RBOC,ACCEPTED AS CA INT.PER SAID FB; 3 � 11 ii 575 S.F. FITS ALL TIES PER SAID FEI - TDTAL NUMBER OF THE FLOORS IS 3 TOTAL Q NOTHING F0,ESTAB.By 3 L&T,NO TAG TES PER LA CO.PINFB-1033-612, FLOOR AREA OF THE BUILDING IS 36,245 S.F. SET S&W STAMPED LS 0407,FLUSH,AND REMOVED TACK;.SET LEAD,TACK,&. PER ARCHITECTURAL PLAN. - 60' TAGGED LS 8407 TES Q 114TERSEC71ON OF CA OF FOUNTAIN SPRINGS ROAD AND NCLY PROD. 30'g 30' OF SE'LY LINE OF LOT 100,TRACT 110..25986,'MB-688-40-44, M07HING FD,ESTA9.BY REQ DISTANCE(143,83'PFA R5)NWLY FROM FD g L MONUMENT AT CROOKED CREEK DRIVE ALONG CA OF FOUNTAIN SPRINGS m ROAD,PER LA CO,PNFB-1033-612.SET S&W,STAMPED LS 8407,FLUSH 8f n AND 4 LEAD..TACK,2 TAGGED LS 8407 TIES - N40'48'31'E 120.38' B BOUNDARY NO7F4 `\ 90.36'(90,38'R1) I '� Bl INT.OF CA OF FOUNTAIN SPRINGS ROAD AND NELY PROLONGATION OF NWLY I 30.00' UNE Or LOT 11,PM NO,18722,PMB-247-28-3t,ESTAB.AT REG OLSTANCE I (80.00 PER RI)FROM©PER SAID P.M. Q NWLY CORNEA OF LOT 11,PM N0,18722.PMO-21V7-28-31,ESTAB.AT REG n DISTANCE(120 .36'PER RI)AND AT THE RIGHT ANGLES TO C.TERUNE OF FOUNTAIN S'RINGS ROAD,PER SAID PM.,SET LEAD,TACK&TAGGED,LS 8407 41 9J SELY CORNER_OU LOT 11.PM NO.18722,P1,18-247-28-31,ESTAB.AT REC. DISTANCE(125Dtl PER FIT)FROM BC ALONG SW-LY SIDELINE OF FOUNTAIN SPRINGS ROAD,PER SAID PM.,SET LEAD,TACK&TAGGED,LS 8407 84 SWLY CORNER OF LOT 11,PM NO.18722,PMB-247-28-31,ESTAB.AT REC. " DISTANCE(150.00'PER Rt)AND AT THE RIGHT ANGLES TO CENTERUNE OF CROOKED CREEK FOUNTAIN SPRINGS ROAD,PER PM NO.18722,PMB-247-28-31.SET LEAD, TACK&TAGGED,LS 8407 m R DRIVE-�� e© WLY ANGLE POINTS IN GENERALLY NWLY LINES OF LOT 11.PM NO.18727, I PMB-247-28-31,NOTHING F0,ESTAB.BY PRORATION PER SAID PM. 3 1 ` EASFMFN7 NOTES: ; M CENTERLINE OF THE 26.00'WADE RESERVED PRIVATE DRIVEWAY AND I FURaME PER PM N0,18722 PMB-247-27-30. 2 CENTERUNE OF THE 15.00'WIDE EASEMENT OF SOUTHERN CALIFORNIA SEE GAS COMPANY FOR PUBLIC UTUTY PURPOSES PER DEED RECORDED DETAIL A MAY 6,1988.AS INSTRUMENT NO.2006-0793954,OJL i Q E3 7D,00'M1OE AND 75.00'LONG EASEMENT OF WALNUT VALLEY WATER /� \ Q - OISTRICi FOR WATER PIPES PURPOSES,PER DEED RECORDED JULY 21S 1973,AS INSTRUMENT N0.1740,AND RECORDED JANUARY 13,7877 / BS I o AS INSTRUMENT NO.77-44894,BOTH OF O,R. E4 CENTERUNE OF THE 6.00'WIDE EASLENT OF SOUTHERN CALIFORNIA / BS /L4 \ Ei EDISON COMPANY FOR PUBLIC UTILITIES PURPOSES PER DEED RECORDED FEBRUARY 24,HE 1' INSTRUMENT NO.20170295088,O.R. 7 --_-- - ---Lia----- I CENTERUNE OF THE 10'WIDE EASEMENT OF THE CITY OF DIAMOND 05 BAR FOR SANITARY SEWER PURPOSES PER PM N0.78722,PMB-247-25-31 •r 13ECORD DATA NOTES• Z RIINDICATES RECORD DATA AS NOTED. oOf 872 INDICATES DATA PER PM N0.12.PMB-247-28-37 R2 INDICATES DATA PER TR.N.25986,MB-688-48-45 R3 INDICATES DATA PER TR,NO.25980, -6a4-28-30 a I P R4 MOICATES DATA PER IA CO,pRf'B_703333-180 ft5 INDICATES DATA PER LA 00.PWFB-1033-612 R6 INDICATES DATA PER LA CO.PWFB-1033-590 ¢ w/z g R7 INDICATES DATA PER INST.NO,20060793954,FEC. S I Z MAY G.20GS f- 1 z ! SETS&W. I« \ — E4 I STAMPED 41,089 S.F. ^" ( O BS mh \ I a 0 / LS 8407 R . as L4 — 85 SETTAGGED SET Y IP l5 8407 �TACCEO LS 840LID 7 L2 L/2— r L5 L8 � In Ip L14 (4 E1 \ g "1 g p6' E5 30.00' L m 150,00'(150.00'RI) -- m DETAIL A N4O'46'31'E 180,00' 1 NOT TO SCALE 94 BS - - 30, 30' N UNE DATA N0. HEARING HRE C LENGTH Z U N491242-W 1.00 1.00 R1 NO. RADIUS DELTA LENGTH TANGENT REC DATA L2 N40'4631 E 37.00 37.OD R7 C 25.00 BDT7115" 39.28 '25.D1 38.27 RI L3N491328 W 20.00 20.00 R7 (C2-� 3000 78T1744 39.&1 2J.49 39,83-R7 /\rli/ S.I, L4 N40'4831 E 22.13C 2264 RI ) L5 N40'46 11 E 29.74 - Le N4D'4B 31E 7,26 --- L7 N4B1329.W 75.0 -:-- -.--H4047.18-E ID N491329 W 5.06 -- _ LH N491328 W 3.67 - ------ �— Li LID N27'2250 E 5.05 - - 1 607 .9 N40'47'18'E BASIS OF BEARINGS L72 N40'4352 E 11J.00 ---- �Q ( ) 4 409,07'(410.00'RI.409,83'fl4) L73 N40'4831 E 71 J.00 --- Ai--- ----_ ua N40'4031 E 2a3s --_ DIAMOND BAR BOULEVARD 2 LIS N40'4831 E 30.44 --- BASIS OF BEARING NOTES: LEGEND THE BEARINGS SHOWN HEREON ARE BASED 0,4 THE BEARING - - N40'47'15'E OF THE CENTERLINE OF DIAMOND BAR BOULEVARD,AS SHOWN ON MAP FILED IN BOOK 247,PAGES 28 TO 31,OF MAPS, INDICATES THE BOUNDARY OF THE LAND RECORDS OF LOS ANGELES COUNTY. - BEING SUBDIVIDED BY THIS MAP. Agenda # 6:6 Meeting Date: October 4, 2011 U Old I CITY COUNCILAGENDA REPORT TO: Honorable Mayor and Membersof f e City Council VIA: James DeStefano, City Mana b TITLE: ADOPT RESOLUTION 20111-XX: A JOINT JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FLOOD CONTROL, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF GREATER LOS ANGELES VECTOR CONTROL DISTRICT, CITY OF DIAMOND BAR, THREE VALLEYS MUNICIPAL WATER DISTRICT, WALNUT VALLEY WATER DISTRICT, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #3, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #4, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The annexation of this property into Los Angeles County Sanitation District No. 21 (District) will not impact the existing ad valorem tax revenue currently received by the City. Adoption of this resolution will only result in giving up a portion of the revenues anticipated on increased assessed valuation to the Sanitation District as specified below. Pursuant to the Property Tax Transfer Worksheet for the subject property, the current allocated tax share for the City of Diamond Bar is $.051917418 per dollar of tax revenue collected. Upon approval of the annexation, the City would allocate $.000385629 to the District leaving a net share to the City of $.051531789. As an example, for every $100 of property tax increase paid by the property owner, the City would receive $5.153 and the District would receive $0.0385. Since the subject parcel is designated as a private property, the City and other special districts identified in the resolution would share a portion of the annual 1% property tax increases. The City will not lose property tax money because the ad valorem tax revenue, based on the existing property valuation, will still be retained by the City. The net result of this annexation will be a sharing of the growth in property tax revenue with all of the service providers to the subject parcels. BACKGROUND/DISCUSSION: To receive off-site sewage disposal services, a new project must annex to the County Sanitation District. The property owner of Lot 17, Tract 30093, has requested that their property located at 2160 Indian Creek be annexed into County Sanitation District No. 21. Currently the single family residential property has septic tank services and upon improvements made to the residential property, they will be connecting to the public sewer system. In order to bring a new project o'r property into the District, the District has the obligation to negotiate with agencies receiving ad valorem taxes generated in the subject area. City Council approval of the joint resolution is required by the County of Los Angeles and the various other service agencies in order to approve and accept the exchange of future property tax revenues resulting from the annexation of the subject properties into the District. The share of the annual tax increment to be exchanged by the City is identified in the attached Property Tax Transfer Resolution Worksheet. As part of the approval process, the joint resolution must be concurrently approved by the City of Diamond Bar and the various agencies named in the resolution. PREPARED BY: DATE PREPARED: Kimberly M. Young, Associate Engineer September 27, 2011 REVIEW7 BY: David G. LiK, Director of Public Works Attachments: Los Angeles County Sanitation District Letter dated August 30,2011 Resolution No.2011-XX RESOLUTION NO. 2011-XX A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING IN BEHALF OF LOS ANGELES COUNTY GENERAL FUND, LOS ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES COUNTY FLOOD CONTROL, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF GREATER LOS ANGELES VECTOR CONTROL DISTRICT, CITY OF DIAMOND BAR, THREE VALLEYS MUNICIPAL WATER DISTRICT, WALNUT VALLEY WATER DISTRICT, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #3, WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT #4, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 21. "ANNEXATION NO. 735" WHEREAS, pursuant to Section 99 and 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increments to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution; and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 21 entitled Annexation No. 735; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 21 in the annexation entitled Annexation No. 735 is approved and accepted. 2. For each fiscal year commencing on or after July 1, 2011 , or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to the County Sanitation District No. 21 a total of 0.4087391 percent of the annual tax increment attributable to the land area encompassed within Annexation No. 735 as shown on the attached worksheet and map. 3. No additional transfer of property tax revenues shall be made from any other taxing agencies to County Sanitation District No. 21 as a. result of annexation entitled Annexation No. 735. 4. No transfer of property tax increments from properties within a community redevelopment project, which are legally committed to a Community Redevelopment Agency, shall be made during the period that such tax increment is legally committed for repayment of the redevelopment project costs. 5. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that which is proper shall be refunded to the appropriate agency. 4. The Mayor is hereby authorized to sign the Los Angeles County Sanitation District Resolution entitled "Annexation No. 735"for which the City of Diamond Bar is named as a party with an obligation to share property tax revenues as stated in the attached Property Tax Transfer Resolution Worksheet. PASSED, APPROVED AND ADOPTED this day of_ day of October, 2011, by the following vote: Steve Tye, Mayor 1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of October, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar SEC. 23 - - - — CITY C CITYAf {03-06-1970} 1 'I OF a IN°)qN ANNEX NO 735 0 JW.-41 R=300' , a 1 i ; 100 'N ep ' .-1 t� 3 0 ��� DIAMOND BAR 138 "V R (03-06-1970) _ _. ` r tjPQ� O�xa k z POINT OF BEGINNING \ 2 \ \AC� NO cP LE \ m _ LINE DATA C1 R=300.00' L= 156.00' D=29°47'37" \ \ — L2 N 43°10'07"E 137.98' L3 S 46°49'53"E 32.00' L4 S 28°02'08"E 220.00' \ U'� L5 S 66°47'52"W 298.40' \ 40• 647 1 L6 S 17°02'16"E 71.00' \p \ L7 S 72°57'44"W 30.00' \3 l L8 N 17°02'16"W 238.56' Tg \ m \ m \ 64 136 \ a \ 19%, {03-06-1970} $' \\ 1 0 75 150 DIAMOND BAR N0NNmmmE==== Feet U 269 - [ROWS, COUNTY SANITATION DISTRICT NO.21 Annexation No.735 shown thus -------------- OF LOS ANGELES COUNTY,CA Boundary of Sanitation District No.21 prior OFFICE OF CHIEF ENGINEER STEPHENR.'NERAL to Annexation No.735 shown thus CHIEF ENGINEER E GENERAL MANAGER ANNEX.NO. ANNEXATION NO. 735 Cppydghl 2005,All Rlahh R—d.The Prior Annexations shown thus ._____________ (RECORDING DATE) To h(—ftn—beined herein Is the pmpdehry hell,.may splen e— eeppex dp`nder COUNTY SANITATION DISTRICT NO.21 Isensed by Dlptai map Pmduch;Thomas Bma Area of Annexation _______—___________ 1.451 Acres Maes. RemNed: EAOIAUGUST 25,2011 T.G.680,D5 Agenda # 6.7 _ Meeting Date: October 4, 2011 crOFr CITY COUNCIL �\\ :jy� t , y� 4 % AGENDA REPORT TO: Honorable Mayor and Membbge of he City Council VIA: James DeStefano, City Man -qP TITLE: APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DIAMOND BAR AND THE LOS , ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR "STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE (ON & OFF RAMPS) CONSTRUCTION" RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: On December 2, 2008 the Council approved the Memorandum of Understanding (MOU) with Los Angeles County Metropolitan Transportation Authority (LACMTA) to secure $2,294,000 in grant funds for the SR 60/1-emon Avenue Partial Interchange Project. LACMTA is funding this amount through Proposition C local sales tax dollars. The previously approved MOU established funding and reimbursement guidelines in addition to a baseline project implementation schedule. Due to the time required to process the Project Report Approval by the State as well as in the execution of the Right-of-Way Cooperative Agreement by Caltrans, the proposed implementation schedule for the project needs to be revised and updated in the approved MOU. At their meeting of August 4, 2011 the LACMTA Board agreed to extend the lapsing date of funds programmed in the original approved MOU to June 30, 2012. The attached amendment to the MOU must be approved by the City Council to formally extend the lapsing date of funds to June 30, 2012. PREPARED BY: DATE PREPARED: Kimberly M. Young, Associate Engineer September 27, 2011 REVIEW BY: Davi G. Li , Director of Public Works Attachments: Exhibit 1 —Amendment No. 1 TIP#:LAOD399 CFP#F1121 AMENDMENT NO. I PPNO 2975 MOUP000171121 AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF DIAMOND BAR AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 1 to Memorandum of Understanding (this "Amendment"), is dated as of August 24, 2011,by and between City of Diamond Bar ("Grantee"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A. Grantee and LACMTA entered into that certain Memorandum of Understanding No. MOU.P000F1121, dated December 1, 2008, (the "Existing MOU"),which Existing MOU provides for the State Route 60/Lemon Avenue Partial Interchange (On&Off Ramps) Construction; and B. Whereas, LACMTA Board on August 4, 2011, desires to extend the lapsing date of Funds programmed for ALL programmed Fiscal years to June 30, 2012; and C. The parties desire to delete Attachment B and all references thereto. D. Grantee and LACMTA desire to amend the Existing MOU as provided herein. Rev: 08.16.11 1 MOU Local Amendment Prop C TIP#: LAOD399 CFP#F1121 AMENDMENT NO. I PPNO 2975 MOUP000171121 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by deleting it in its entirety and replacing it with the following: "All programmed years are subject to lapse on June 30, 2012. Grantee shall expend these Funds by the lapsing date." 2. The parties have agreed that the financial plan is no longer required and therefore, Attachment B and all references thereto are hereby deleted. 3. Except as expressly amended hereby,the Existing MOU remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing MOU that are not expressly amended by this Amendment shall remain unchanged. Rev: 08.16.11 2 MOU Local Amendment Prop C TIP#: LAOD399 CFP#F1121 AMENDMENT NO. 1 PPNO 2975 MOU.P000F1121 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Arthur T. Leahy Chief Executive Officer Approved as to form: Andrea Sheridan Ordin County Counsel (:??7� By: Date: De uty CITY OF DIAMOND BAR By: Date: Steve Tye Mayor Approved as to form: By: Date: City Attorney Rev: 08.16.11 3 MOU Local Amendment Prop C Agenda # 6 .8 Meeting Date: October 4, 2011 CITY COUNCILAGENDA REPORT Jus TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man TITLE: Fiscal Year 2011-12 Appropriati n� Adjustments for Carry Forward Expenditures, irst Q Capital Project Carryovers, and irst Quarter Adjustments RECOMMENDATION: 1. Approve a budget adjustment carrying forward appropriations to 2011-12 for previously ordered goods and services in the amount of$67,247.88. 2. Approve a budget adjustment to carry forward capital project appropriations in the amount of $3,281,206 to the 2011-12 fiscal year. 3. Approve various budget adjustments to 2011-12 for changes in the amount of revenue to be received from CDBG and Gas Tax Funds and related appropriations, and to adjust projected revenues and expenditures for the Library portion of the new City Hall building. BACKGROUND: Each fiscal year, the City Council adopts a budget, and appropriates the funds included in that budget. In the past, we have not re-appropriated the funds that carry over from prior fiscal years. There is no legal requirement to do so, since the City's municipal code does not provide that appropriations lapse at the end of each fiscal year. It is a better accounting practice to have the City Council appropriate all funds for each fiscal year, including those carried over from prior fiscal years. There are no additional costs for the carryovers, since the carryover appropriations are from unexpended appropriations in 2010-11. DISCUSSION: Carry Forward of Operating Appropriations In the Information Systems Department a purchase order for $15,000 was issued in 2010-11 for computer tape drives. In June of 2011 the City received the incorrect hardware. The items were returned, but the replacement tape drives were not received until the new fiscal year. Also in the Information Systems Department, a purchase order for $15,000 was issued for a.network security system. Because the invoice was held due to the sale of the company, the expense is being charged to 2011/12. In the Community Services Department, various contract services, special studies, miscellaneous equipment and park maintenance services were ordered in 2010/11, but were not received until 2011/12. A carry forward appropriation for both of these departments in the amount of$67,247.88 as shown on Exhibit A is included as a budget adjustment for 2011-12. Capital Protect Carryover Appropriations When the 2011-12 budget was submitted for approval by the City Council, it included only new appropriations for capital projects. Often, capital projects require more than one fiscal year for completion. Since it was difficult to accurately predict whether each project would be completed by June 30, the 2011-12 budget assumed all of the projects would be completed, with the intention of bringing those still in progress at June 30 back to City Council for re-appropriation. Exhibit B lists City capital projects in progress at year-end. The total amount of the carry over for capital projects to 2011-12 is $3,281,206. Additional 2011-12 Budget Changes The final estimate of Gas Tax revenue allocations to the City was slightly higher than the amounts included in the adopted budget. As a result, the City is expected to receive approximately $20,500 more than originally projected. The final estimate of CDBG revenue allocations was lower than the amounts included in the adopted budget. The City is expected to receive approximately $32,000 less than originally projected. There are several adjustments to the CDBG projected revenues and expense appropriations to account for this reduction. When the budget was prepared, amounts were appropriated for the Library/City Hall project, but the portion of the construction that will be paid by the County of Los Angeles was not included in the budget. The City is going to advance the funds for the library construction, and the County will repay the City within 30 days of those expenditures. The budget is being amended to account for the reimbursement revenue from the County as well as the offsetting expenditures to construct the Library portion of the project. The furniture and fixtures portion of the Library will also have to be adjusted, but since that portion of the project is lagging 6 months behind City Hall, those adjustments will be brought back to City Council as part of the mid-year adjustments. The budget adjustment for the building construction of the Library and the offsetting reimbursement from the County totals $3,111,000 plus an estimated contingency of$442,308. Also, savings from the construction of the City hall are being transferred to cover the shortage in furniture and fixtures as approved by City Council on September 20. And finally, an additional $6,000 has been added to the equipment maintenance budget in General Government for an unexpected repair on one of the City's maintenance trucks. Exhibit C lists all of the miscellaneous additional changes to the 2011-12 budget. Attachments: 1. Exhibit A FY 2011/12 Operating Appropriations 2. Exhibit B FY 2011/12 Capital Project Appropriations 3. Exhibit C FY 2011/12 Miscellianeous Appropriation adjustments PREPARED BY: Glenn L. Steinbrink Interim Finance Director 2 CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2010-2011 EXHIBIT A-PAGE 1 OF 3 To FY: 2011-2012 BCR# ".Carryover ADJUSTED ACCOUNT NUMBER ACCOUNT:pESCRIPTION Request Amount BUDGET Associated PO 118-5098-46230 Computer Equip-Hardware 15,000.00 30,000.00 110322 (DMZ Back-up Tape Drives REASON FOR REQUEST: A PO was issued in FY10/11 for Hardware (HW)to be purchased from HP. In June of 2011,we received the incorrect HW. HP had us RMA the incorrect HW and shipped us the New HW. Those items arrived and were invoiced after 6/30/201. So, per the direction of Glenn Steinbrink, Interim Finance Director for the City, it would be more appropriate to transfer the Funds from FY10/11 to FY11/12 and then pay the invoice from FY11/12 funds, using the existing PO#. APPROVAL REQUIREMENTS REQUESTED BY • DATE DEPART APPROVAL DATE /,A, FINANCE APPROVAL DATk DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2010-2011 EXHIBIT A-PAGE 2 OF 3 To FY: 2011-2012 BCR# Carryover Request. ADJUSTED ACCOUNTNUMBER. ` . ACCOUNT DESCRIPTION Amount BUDGET Associated;PO# 530-4070-46230 Computer Re lacment Fund 15,000.00. 252,500.00 110313 REASON FOR REQUEST: We had a PO for$15,000 for TriGeo. The Invoice arrived @ 6/14/2011, before the unit arrived on @ 6/24/2011, so the invoice was held. The Company was Sold on 7/1/2011, so the invoice was held until the dust settled to make sure that we would receive training and support which we have. The invoice was approved fro payment but the timing crossed over the Fiscal year boundary. (Trigeo is a replacement for a Cisco MARS which is end of life.) APPROVAL REQUIREMENTS REQUE TED BY DATE DEPARTMENTAL APPROVAL DATE FINANCE APPROVAL DA-I E DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2010-2011 EXHIBIT A-PAGE 3 OF 3 To FY: 2011-2012 BCR# Carryover ADJUSTED' ACCOUNT,NUMBER:' -ACCOUNT DESCRIPTION . Request Amount BUDGET Associated PO#. . 001-5333-45300 Diamond Bar Center--Contract Services 2,075.89 110336 001-5333-45300 Diamond Bar Center--Contract Services 10,598.37 110337 001-5333-45300 Diamond Bar Center--Contract Services 9,692.00 110340 001-5333-45300 Diamond Bar Center--Contract Services 5.043.74 1 110341 ACCOUNT TOTAL 27,410.00 304,360.00 001-5310-44300 CS Administration--Special Studies 3,500.00 110347 001-5310-44300 CS Administration--Special Studies 4,000.00 110348 ACCOUNT TOTAL 7,500.00 7,500.00 001-5333-46250 Diamond Bar Center--Misc Equipment 1,675.02 7,175.00 110316 001-5340-42210 Parks--Maintenance of Grounds/131s 662.86 78,860.00 110134 REASON FOR REQUEST: Carry-over of FY2010/11 Purchase Orders to FY 2011/12 budget. 1. 001-5333-45300--Up-grade of restrooms at Diamond Bar Center. 2. 001-5310-44300--Completion & Printing of Parks Master Plan. 3. 001-5333-46250--Purchase of Tables for Diamond Bar Center. Receipt and exchange of damaged tables. delayed receipt of acceptable tables to the new fiscal year. 4. 001-5340-42210--Sump Pump maintenance invoice for June 2011 not received from LA County until Sept, 2011. APPROVAL REQUIREMENTS REQUESTED BY DATE D A PROVAL DAT 9// FINANCE APPROVAL DA E DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2010-2011 EXHIBIT B-PAGE 1 OF 1 To FY: 2011-2012 BCR# -ACCOUNT ACCOUNT fADJUSTEDiASSOCI,ATED NUMBER FUNDING SOURCE DESCRIPTION., .REQUEST AMOUNT. '"BUDGE.T PO# Project 01411 Slurry (111) Seal/Overlay- Gas Tax Area 7 571,929.00 110 Measure R 472,629.00 Proj 14699 Brea Cyn Cutoff 001 General Fund @SB57 on/off 219,465.00 Proj 22311 Neighborhood (116) Traffic Improve Fund Traffic Mitigations 56,525.00 Proj 23911 Arterial Slurry MTA MTA Transp Fund Seal-Zone 5 604,488.00 120 Prop 1 B Fund 202,871.00 Proj 25408 Grant Ave (001) Beautification- General Fund Montefino 50,000.00 114 SAFETEA-LU 500,000.00 Project 25611 TS Battery Back- (113) up at 10 Prop C intersections 149,975.00 Proj 26109 Median- (113) Pathfinder btwn Prop C SR 57 and BCR 38,509.00 Proj 26611 Median Mod-DBB (110) @ Clear Creek Measure R Cyn 50,000.00 Proj 26210 Washington (122) Street Park- Quimby Design 39,744.00 Proj 26310 ADA Retro-3 Mini 125 CDBG Parks 25,499.00 Proj 27011 Curb Ramp (125) CDBG Installation 299,572.00 3,281,206.00 REASON FOR REQUEST: Carry Over of Appropriations for Capital Projects in Progess at 6/30/11 APPROVAL REQUIREMENTS REQUESTT�ED•� B©©Y q DATE PART ENTAL APPROVAL DATE 04 7A FINANCE APPROVAL DA" E ASSISTANT CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT C-PAGE 1 OF 3 FY 11-12 BA# INCREASE ACCOUNT NUMBER ACCOUNT DESCRIPTION (DECREASE) '" ADJUSTED BUDGET 111-31705 Gas Tax 2,840.00) 318,881.00 111-31710 Gas Tax 6,564.00 200,519.00 111-31720 Gas Tax 3,780.00) 424,363.00 111-31731 HUTA-Pro 42 Replacement 20,540.00 696,640.00 125-31630 Reduction in Allocation -CDBG (31,678.00) 320,332.00 125-31630 Increase in Carryover-CDBG 205,804.00 361,783.00 125-4050-40010 Salaries (4,020.00) 125-4050-40070 City paid benefits (60.00) 125-4050-40080 Retirement benefits (710.00) 125-4050-40083 Workers Compensation (30.00) 125-4050-40084 Short/Long tern disability 30.00) 125-4050-40085 Medicare/Social Security 60.00) 125-4050-40090 Benefits allotment (600.00) 125-5210-40010 Salaries (6,130.00) 125-5210-40070 City paid benefits (80.00) 125-5210-40080 Retirement benefits (1,080.00) 125-5210-40083 Workers Compensation (60.00) 125-5210-40084 Short/Long tern disability 40.00) 125-5210-40085 Medicare/Social Security (90.00) 125-5210-40090 Benefits allotment 600.00) REASON FOR REQUEST: 2011-12 budget adjustments due to reductions in gas tax funds, CDBG funds, expenditures for the library construction at the new Civic Center, and adjustment for vehicle maintenance in General Government APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTAL APPROVAL DATE FINANCE APPROVAL D E ASST. CITY MGR APPROVAL DATE 10/4/2011 CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL-DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT C-PAGE 2 OF 3 FY 11-12 BA# INCREASE ACC.OUNTrNUMBER ACCOUNT DESCRIPTION DECREASE ADJUSTED BUDGET 125-5350-40010 Salaries (1,880.00 125-5350-40070 City paid benefits (50.00 125-5350-40080 Retirement benefits 330.00) 125-5350-40083 Workers Compensation (20.00) 125-5350-40084 Short/Long tern disability 10.00) 125-5350-40085 Medicare/Social Security (30.00) 125-5350-40090 Benefits allotment (520.00) 125-5215-42115 Advertising (305.00 125-5215-42355 Contribs-Comm Groups (2,837.00) 125-5215-44000 Prof Svcs-Contract Admin 2,257.00 001-4090-42200 Equipment Maintenance 6,000.00 001-31334 Countv Contrib-Libra 3,373,308.00 001-4093-46310 Building Improvements 3,373,308.00 001-4050-40010 Salaries 4,020.00 001-4050-40070 Citv paid benefits 60.00 001-4050-40080 Retirement benefits 710.00 001-4050-40083 Workers Compensation 30.00 001-4050-40084 ShorIll-ong term disability 30.00 001-4050-40085 Medicare/Social Security 60.00 001-4050-40090 Benefits allotment 600.00 REASON FOR REQUEST: 2011-12 budget adjustments due to reductions in gas tax funds, CDBG funds, expenditures for the library construction at the new Civic Center, and adjustment for vehicle maintenance in General Government APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE A,�� - �/xv/// - FINANCE APPROVAL D E ASST. CITY MGR APPROVAL DATE 10/4/2011 CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL-DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT C-PAGE 3 OF 3 FY 11-12 BA# INCREASE. ACCOUNT NUMBER ACCOUNT DESCRIPTION DECREASE AWLISTED BUDGET 001-5210-40010 Salaries 6,130.00 001-5210-40070 City paid benefits 80.00 001-5210-40080 Retirement benefits 1,080.00 001-5210-40083 Workers Compensation 60.00 001-5210-40084 Short/Long term disability 40.00 001-5210-40085 Medicare/Social Security 90.00 001-5210-40090 Benefits allotment 600.00 001-5350-40010 Salaries 1,880.00 001-5350-40070 City paid benefits 50.00 001-5350-40080 Retirement benefits 330.00 001-5350-40083 Workers Compensation 20.00 001-5350-40084 Short/Long tern disability 10.00 001-5350-40085 Medicare/Social Security 30.00 001-5350-40090 Benefits allotment 520.00 REASON FOR REQUEST: 2011-12 budget adjustments due to reductions in gas tax funds, CDBG funds, expenditures for the library construction at the new Civic Center, and adjustment for vehicle maintenance in General Government APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE 04 FINANCE APPROVAL DA E ASST. CITY MGR APPROVAL DATE 10/4/2011 CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL-DATE Agenda # 6 . 9 Meeting Date: 10/04/11 cater' — :, �- CITY COUNCIL AGENDA REPORT �. � - TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man g TITLE: REJECT THE BID SUBMITTED BY 0 IZONS CONSTRUCTION COMPANY, REJECT THE BID PROTEST SUBMITTED BY MICON CONSTRUCTION AND AWARD THE CONSTRUCTION CONTRACT TO RANCHO PACIFIC ENGINEERING, INC. FOR THE CONSTRUCTION OF WASHINGTON PARK IN THE AMOUNT OF $465,.109.32, PLUS A CONTINGENCY OF $46,511 (10%) FOR A TOTAL AUTHORIZATION OF $511,620.32; PLUS APPROPRIATE $20,000 OF PARK DEVELOPMENT FUNDS TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract. FINANCIAL IMPACT: Contractor cost to construct this project is $465,109.32, plus a contingency amount of$46,511 (10%) for a total contractor authorization of $511,620.32. Costs for design, plan check, bidding process and construction inspection should total approximately $65,490, bringing the total cost of this project to $577,110.32. There is $560,000 appropriated for this project in the 2011/12 FY budget. An additional appropriation of $20,000 in Park Development funds is . necessary to fully fund this project. This additional appropriation will allow for the construction of the 24' Shade Structure, which is listed as an alternate bid item. 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, lighting, drinking fountain, small turf area, 24' shade shelter (if additional funds are appropriated), 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, the only item from concept#3 that staff does not recommend constructing at this time is the monument sign. The monument sign is listed as a bid alternate item, and will cost an additional $32,224.56 to construct. DISCUSSION: Plans and specifications for this project were released to receive bids from construction contractors on August 29, 2011. Seventeen (17) bids were received and opened on September 13, 2011. Bids ranged from a low of $383,756.47 to a high of $623,803. The low bid was submitted by Horizons Construction Company; however, the bid proposal did not follow the specifications required for this project. City staff, with the City Attorney's concurrence, has deemed its bid to be non-responsive. Staff recommends that the City Council reject the bid submitted by Horizons Construction Company With the rejection of the bid from Horizons Construction Company, the apparent low bidder is Rancho Pacific Engineering. Staff checked the status of the contractor license of Rancho Pacific Engineering with the State of California and it is active and clear. Staff checked references provided by the contractor and there were no concerns presented. A bid protest of the bid submitted by Rancho Pacific Engineering was submitted by Micon Construction. All of the documents related to the bid protest are attached. The City Attorney has reviewed all the documents submitted by Micon Construction and has determined that the protest is without merit. Staff recommends that the City Council reject the bid protest from Micon Construction. If this contract is awarded on October 4, construction by the contractor should begin in early November. The contract allows 200 days to complete the work, so it should be completed by early next summer. Construction observation services for this project 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 Staff's Letter to Herizons Construction dated 9/14/11 Rejecting its bid. Bid Protest from Micon Construction dated 9/14/11 Staff's Response to Micon Construction dated 9/20/11 Bid Protest from Micon Construction dated 9/27/11 City Attorney's Response to Micon Construction dated 9/29/11 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 Rancho Pacific Engin 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 Rancho Pacific Engineering 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 firnlish 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 August 26, 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 fall herein. The Plans and Specifications, CONTRACTOR'S Bid dated September 8, 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 fiilfilling 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 tinder 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 (3 0) 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 reftisal 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 malting 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, Sail 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 wont for all worktrnen 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 wonting 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 worn.. 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 comiection 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 accozuits 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 Linder 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 Califoinia. 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 September 8, 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 LERKDate CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date C8TY OF MAMOND CSAR BI® &UBMUTTAL/OPENING WORKSHEET PROJECT.: . Washington Park Construction Project - BID OPENING PATE Tuesday, september- 13, 2011 2: 00 p.m." BB A , NO. CONTRACTOR AMOUNT OF BID "D N D COMMENTS' D scoC� dod 7 � " Q� wlo�r s . l- 107. sh o o . /o, � PAGE__ OF C81(�lf OF MAMOND BAR BID SUBMI T TAaL/OPEN N G WORKSHEET PROJECT; Washington Park Construction Project ®ID OPENING DATE: Tuesday; September 13, 2011 2: 00 p.m. H 'A �1�..:. . CONTkACTOR AMOUNT OF.Bite D.N D COMMENTS D l� MGIC25 . ------------ r . 6 Z , � 03 f . PAGE OF CITY OF DIAMOND BAR BID SUBMIT TAT/GPENING WORKSHEET PROJECT: --Washington Park Construction. -project . ®ID} OPENING DATETuesday, September. 13, .2.011 2: 00 p.m. H.0 R. I`1O CONTRACTOR AMOUNT OP BID D N D C®Mt1 ENTS D M Xoz Is V?10. : �o_ . d hl L S�vU�'�'r(1tvilla /lG�:' 071, K • � 7 . .�.��:-�,� , �n � , : � � `�37 moa F° PAGE 3 OF City ®f Diamond Bar _ e I 21825 Copley Drive • Diamond Bar,CA 91765-4178 't (909)839-7000 • Fax(909)861-3117 www.diamondbarca.gov -959 September 14, 2011 Hatem Ibrahim, President Horizons Construction Company 1173 N. Patt Street Anaheim, CA 92801 Re: Washington Park Bid Proposal Dear Hatem Ibrahim: Bids for this project were opened and publicly read yesterday at Diamond Bar City Hall. The bid from Horizons Construction Company was the apparent low bidder with a proposal of$383,756.47. Upon review of the bid.from Horizons Construction Company, it was discovered that the List of Subcontractors stated that 57% of the total work would be completed by subcontractors. Requirements listed in Green Book section 2-3.2 require the general contractor to do at least Steve Tye 50% of the work in the contract with his own organization. This Mayor requirement has not been met in the bid proposal submitted by Horizons Construction Company. Therefore, the City of Diamond Bar has deemed Ling-Ling Chang Mayor Pro Tem the bid to be non-responsive and has rejected the bid. Ron Everett If you have any questions about this action, please feel free to contact me Council Member at (909) 839-7061. Carol Herrera Council Member 2;s Jack Tanaka Council Member e Director of Community Services Recycled paper LIST OF SUBCONTRACTORS:* ' .13 OPENING DATE 9/1-3/11 a pROJEGT �sYiingtoii Pdr}t• ' , ... . . Diamond Bar' ,.ypCATION Ia'" :CONTRACToR• Hori'zo�is •Construction Co. Int'1, Inc NameUnderWhich license. .AddressofOffice, Peareat Sp�cificDescnption: Subcontractor is No. Mail,or Shop of Total of Ticeused Coinf d Micont act' 62 M41 n Cj (•I L,L.i I CU• J. I Co'- Lv��c �lT6)-) vb�r SalFG1C1,1G, . �cn cti,nc� 'IC 1S ---- --- nh PC) bt r�nct : . q` )UlC) ' eV * .-A.ny subcoritractdr doing work'in exdess of one-half(1/22)of one percent(1%)-of the total bid sliall•be i :designated outhis form: : s Greenbook 2009 SECTION 2 - SCOPE AND CONTROL. OF WORk 2-1 AWARD AND EXECUTION OF THE CONTRACT. Award and execution of the Contract shall be as provided for in the Special Provisions,Instructions to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All imoney withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with Chapter 4 of the Public Contract Code including Sections 4100 through 4113. The Bidder shall set forth in the Bid,pursuant to 4104:. "a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or " improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways; including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000),whichever is greater." "b) The portion of the work which will be done by each such subcontractor under this.act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor.in,his or her bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the Work to be performed under the Contract (in excess of one-half of I percent of the Contractor's total Bid),the Contractor shall be qualified to perform-that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. Pursuant to Section 4107, no Contractor whose Bid is accepted shall substitute any person as a Subcontractor in place of a Subcontractor listed in the Bid, except for the causes and by the procedures established in Section 4107.5. This section provides procedures to correct a.clerical error in the listing of a Subcontractor. S Section 4110 provides that a Contractor violating any of the provisions of Chapter 4 violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. 2-3.2 Self Performance. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items"may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items"will be identified by the Agency in the Bid or in i the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work I. i�_ V fGreenbook 2009 9 •tii� :j subcontracted will be, based on the estimated percentage of the Contract Unit Price. This will be (' determined fiom information submitted by the Contractor, and subject to approval by the Engineer. ,• 2-3.3 Status of Subcontractors. The Contractor shall give personal attention to the fulfillment of the Contract. The Contractor shall keep the Work under its control. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. Lf` In addition to the requirements of 2-3.1, before the work of any Subcontractor is started, .the Contractor shall submit to the Engineer for approval a written statement listing the name, contractor license number, and business address of each Subcontractor and a description and value of each portion t of the.Work to be so subcontracted. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety s who is listed in the latest version of U.S. Department of Treasury Circular 570,who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in the Cdde of Civil Procedure, Section 995.660 a). The Bidder shall pay all bond premiums,costs,'and incidentals. �tl }, Each bond shall incorporate,by reference,the Contract and be signed by both the Bidder and the Surety. The signature of the authorized agent of the Surety shall be notarized. 13 The Bidder shall provide two good and sufficient surety bonds. The"Payment Bond" (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and :P mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full j force and effect until the Work is accepted by the Agency and until all claims for materials and labor are paid, ?(� and shall otherwise comply with the Civil Code. The "Performance Bond"shall be for 100 percent of the Contract Price to guaranty faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and worlananslvp will be free fiom original or developed defects. The bond must remain in effect until the end of all ( warranty periods set forth in the Contract Documents. Should any bond become insufficient, the Contractor shall renew the bond within. 10 days after receiving notice from the Agency. Should any surety at any time be unsatisfactory to the Board, notice to that effect will be given to the ll Contractor. No further payments shall be deemed due or will be made under the Contract until a new surety qualifies and is accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or the Surety from its obligations. Notice of such changes or extensions shall be waived by'the I; Surety. 2-5 PLANS ANIS SPECMCATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications,to which f, the Engineer shall have access at all times. �i ' The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents !+ are intended to be complementauy and cooperative.. Anything specified in the Specifications and not shown on t; j the Plans,or shown on the Plans and not specified in the Specifications,shall be as though shown on or specified r in both. ii r1 MICON CONSTRUCTION GENERAL BUILDING CONTRACTORS License V744198 CA # 154926 AZ SeptemberI4,2011 City of Diamond Bar 21925 Copely Drive Diamond Bar,CA 91765 ATTN: Bob Rose,Community Services Director RE: Washington Park Improvement'Project§2621D SUBJ: BID PROTEST RANCHO PACIFIC ENGINEERING,INC. Dear Mr.Rose: Micon Construction,Inc hereby formally protests the bid of Rancho Pacific Engineering,Inc.for the above mentioned project. Our protest is based on the following, 1) The subcontractor listed for their rubber surfacing(Play Smart Surfacing),license number #639657 does not belong to Play lay Smart Surfacing,it belongs to VVDH Concrete Construction. VVDH Concrete Construction does not have proper licensing to perform the rubber surfacing portion of this contract. 2) On page 31 of the bid proposal,tided`Declaration of Bidder's Qualifications",they list their contractors license as#953839 which was issued 10/25/10,yet on item#5 an the same sheet,they state they have 20 years of experience`in construction work of this type!. This is clearly a misrepresentation of their construction backgrouEd and experience. As they noted on item 6, their recently completed projects'are trails and median improvements which is nor'work of this type, In other words,they ate not giving the City the experience required set forth by the Agency. 3) Per page 20 of the bid proposal`Contractors Industrial Safety Record,they indicate they have had only four(4)contracts in the last five years. 4) Also,per your own instructions for the bid proposal package indicating"IMPORTANT',the Certification with Regard to the Performance of Previous Contracts or Subcontracts subject to Equal Opportunity etc,was not filled out properly,specifically subcontractors not listed. 5) Also noted onbid schedule there are mathematical errors.numerous corrections(irregularities, which by your very spec,general conditions,page 43,section 2c)prohibits these types of errors/corrections. -Based on the afformentioned facts,Micon Construction,Inc is the lowest responsible bidder. I look forward to hearing from you to schedule the pre-construction meeting, Should you have any questions,please feel free to call me. Respectfully Submitted, M-TCONCONSTRUCTArON Ruth Lepke Project Manager 1616 Sierra Madre Circle/Placentia,CA 92870-6631 714.666.0604 FAX 714,666.1007 19420 Kennedy Drive Mayer,AZ 86333 800.949.0203 Check a License-License Detail-Contractors State License Board Page 1 of 2 Department ortsumerAffair; z�is��a fhiti� Contractors State U� car Contractor's Ucense DetalH m fL cense # 9538-39 ADISCLAIMER:A license status check provides information fatten from the CSLB license database.Before relying on this-information,you should be aware of the following limitations. CSLY complaint disclosure is restricted by law(B&P 7124.6)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal.action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant'information that has not yet been entered onto the Board's license database. License Number 953839 Extract Date: 971412011 ...............,------- ...._............_-_.___._..__.............._............ ..... RANCHO PACIFIC ENGINEERING INC 1094 S RESERVOIR S Business Information POMONA,CA 91766 Business Phone Number:(909)538-3955 �_, ___•._„...... ..._........_�_ _.......-�__.............-- ..._....._..... ...... ....,..........._._....:.... ty-......, .....__.Corporation__..... _.... ..... ................_._..._.... Issuedate --....---..... 10/25/2010 _....._ _..__. .....---_.......,..___._.. ......____...............__..._._... ...._.._............ . Ex ice Date 10(31(20'9 .. License status This license is current and active.All information below should be reviewed. AddiBonal Status: __.....__._..... .r._._........._.__...... ......... ............... . CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications: B GENERAL BUILDING CONTRACTOR __ ... — _..,............ __.... ..__......... . 010 ELECTRICAL C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number 100142981 in the amount of$12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:10/20/2010 -_.....__._........._._......._�._.............._ __. . ................. .. ......... _...... Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO)SAAD PIERRE SALiM certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying Individual is not required. Effective Date:10/25/2010 BQi's Bonding History haps://www2.eslb.ca,gov/OnhnoServices/ChecIcLicensell/LicenseDeWl.aspx?LieNuin-95... 9/1.4/2011 Check a License-License Detail-Contractors State License Board Page 2 of 2 This license has workers compensation insurance with the CASTLEPOINT NATIONAL INSURANCE COMPANY Policy Number:WCPBC1184711 Woricers'Compensation: Effective Date:07/01/2011 Expire Date:07101/2012 Workers'Compensation hlisto_N _.____._........_._...— --�_......,"'"'.-_..d ._.-t.._.-.r_--__w_....._..._._.._.._................._._...... Personnel listed on this license(currenttor isassociated}are listed on other licenses. Personnel List Other Licenses 10 Conditions of Use I Privacy Policy Copyright©2010 State of Califwnla https;//www2.cslb.ca.gov/OnlinaServicBs/Cher,kT,icenseIULicenseDetait.aspx?LieNum=95... 9/14/2011 Check License-License Detail-Contractors State License Board https://www2.csib,ca.gov/OnlineServices/CheckLicenseIl/LicenseDeta.., License Number 639657 Extract Date: 9!93/2011 W D H CONCRETE CONSTRUCTION T 743 S EUREKA STREET Business Information REDLANDS,CA 92373 Business Phone Number.(951)53B-3269 Entity: Sole Ownership Issue Date 03114/1992 Reissue Date 03/1012009 ~ _ -Expire Date 03131/2013 License Status This license Is current and active. All information below should be reviewed. Additional Status: CLASS DESCRIPTION Classifications: C-B CONCIRETE CONTRACTOR'S BOND This license filed Contractor's Bond number Sr-6M652 in the amount of$12,500 with the bonding company Bonding: AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date:03102/2009 Contractor's BondingHistory This license has workers compensation insurance with the NORGUARD INSURANCE COMPANY Policy Number:WIWC112957 Workers'Compensation: Effective Date: 1 010 91201 0 Expire Date: 10/09/2011 Workers'Compensation History • 1 Conditions of Use ( Privacy Policy Copyright©2010 State of California 2 oft 9/13/2011 4:04 1'41:1 t i City ®f Diamond Bar 21825 Copley Drive o Diamond Bar, CA 91765-4178 .i rr Ju (909)839-7000 a Fax(909)861-3117 www.DiamondBarCA.gov rage September 20, 2011 Micon Construction, Inc. Attn: Ruth Lepke, Project Manager 1616 Sierra Madre Circle Placentia, CA 92870 Dear Ruth Lepke: This letter acknowledges your written protest, dated September 14, 2011, of the bid submitted by Rancho Pacific Engineering, Inc. for the City of Diamond Bar Washington Park construction project. City staff and the City Attorney have reviewed the bid submitted by Rancho Pacific, which is now the apparent low bidder in light of the City's rejection of Horizon's bid. The City Attorney has determined that Steve Tye the bid irregularities are non-material and waivable, for the following Mayor reasons: Ling-Ling Chang 1. Wrong license number listed for Play Smart SurfacingThe Public Mayor Pro Tem g y Contract Code does not require that the license number be listed, but Ron Everett that the subcontractor merely be identified by name and location. The Council Member name and location of the subcontractor are correct, and hence, there Carol Herrera is no ambiguity about the identity of the listed subcontractor. Council Member 2. Declaration of bidder's qualifications — The principals of Rancho Jack Tanaka Pacific also operate a company called Mega Way Enterprises Council Member (License #779869), which has been in business for over 10 years. Mega Way Enterprises has successfully completed at least one project for the City of Diamond Bar in the past two years. City staff has no concerns with Rancho Pacific's qualifications and does not find Rancho Pacific irresponsible on the grounds you cite. 3. Contractors Industrial Safety Record— Rancho Pacific has had four contracts in the past year. City staff has no concerns with Rancho Pacific's safety record, number of past contracts or their qualifications. 4. Performance of previous contracts.or subcontracts subject to Equal Opportunity etc. —The City Attorney has determined that failure to list the subcontractors on this form did not give Rancho Pacific an unfair advantage in the bidding process. Rancho Pacific's subcontractors are listed in its bid proposal. The form was executed on behalf of the listed subcontractors. Rancho Pacific has now submitted a revised "Equal Opportunity" form listing its subcontractors and is eligible to be awarded this contract. This issue is immaterial. 5. Mathematical Errors on Bid Schedule —There are two mathematical errors on Rancho Pacific's base Bid Schedule, one for two cents and one for eighteen cents. The unit prices are all correct and the total base bid amount is in the City's favor by eighteen cents. Rancho Pacific has agreed to complete the project for its base bid amount in the bid proposal. Since the next lowest bid is over two thousand dollars more, the mathematical errors present no unfair bidding advantage to Rancho Pacific. The three hand written corrections on the alternate bid items are clear and acceptable to City staff. The hand written total for base bid and alternate bid was not necessary, plus had an eighty cent error in its addition. Per the City Attorney, the City may waive any irregularity in any bid that does not create an undue or unfair advantage to the bidder. If the City Council decides to award the alternate bid item(s), the amount of the award will be based on the unit prices, which are correct. There is no unfair advantage to the bidder. Based on the foregoing, City staff is recommending the City Council reject your bid protest and award the construction contract to Rancho Pacific Engineering, Inc. The City Council meeting at which this will be considered is at 6:30 PM on Tuesday, October 4, 2011. The meeting is held in the AQMD Government Center, located at 21825 Copley Drive, Diamond Bar, CA 91765. You are welcome to attend and present your protest to the City Council at that time. Sincerely, Bob Rose Community Services Director CC: David Doyle, Assistant City Manager Mike Jenkins, City Attorney ........................ ..............................................................I...................I........I................................................. .......... SEP-27-2011. 10:09AM FROM- T-250 P.001 F-595 ANDRADE & AssoclATES A PROFESSIONAL LAW CORPORATION CONSTRUCTION LAWYERS 27101 PUERTA REAL, SUITE 120 MISSION VIEJO, CA 92691 TEL: 949,553.1951 FAX: 949.553.0655 FACSIMILE TRANSMFT-rAl- DATE' SEPTEMBER 27, 201 1 FAX NO. (909) 861-31 17 TO: CITY ATTORNEY'S OFFICE CITY OF DIAMOND BAR FROM: JENNIFER L. GORDON, ESQ. ANDRADE &AssoCIATES, APLC RE: MICON CONSTRUCTION, INC. PROJECT: WASHINGTON PARK TOTAL NO. PAGES TRANSMITTED: 31 (INCLUDING THIS COVER PAGE) WARNING TO RECIPIENT-- TNIS MESSAGE IS INTENDED ONLY FOR THIR IJSE OFTHE INDIVIDUAL OR F.N'I ITY TO WHICH IT 15 ADDRESSFP.AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONFIDEI'MALAND EXEMPT FROM Pl-9CLOSLJRE-:LJNr)ERAPPLJCABI-F.I.AW ii-TIIERF-ADEROFTHl.5MESSAGkZiSNgf'THr=LNTEND-MRr.-cipirpmORTI-iEEMPLOYEE OR AGENT RESPONSIBLE FOR MLIVERING THEM ESSAGE TOTH E:INI-EN DrD RECIPIENT.YC,U ARS H RREGY NOTIFIED THATANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROH15ITFL:) IP YOU HAVE RECFIV F-'U-I-HIG COMMUNICATION IN ERROR,PLEASE NOTIFY US IMM rzpWr2L-Y BY COLLECT CALL AND REYURN THE ORIGINAL OR THE FACSIMILE TO US AT THE A6r.)Vt-,Ar.)QRF-'S VIA THE U.S.POSTAL SERVICE.THANK YOU. ..........I.......................................................... .................... ............. ................................................................................... SEP-27-2011 10:09AM FROM- T-250 P-002 F-595 Andrade & Associates A PROFESSIONAL LAW CORPORATION CONSTRUCTION LAWYERS LOS ANGELES OFFICE ORANGE COUNTY OFFICE SAN DIEGO OFFICE CITY NATIONAL PLAZA MISSION RIDGE EMERALD PLAZA 515 S. FLOWER STREET 27101 PUERTA REAL,SUITE 120 402 WEST 53RQADWAY 36TH FLOOR MISSION VIEJO,CA 92691 SUITE 400 LOS ANGELES.CA 92691 TELEPHONE(949)55:5-1951 SAN DIEGO,CA 92101 TELEPHONE(2 13)293-5!510 FACSIMILE(949)559-0655 TELEPHONE($58)314-6331 RICHARO 13,ANDRADE'I' WWW.ANDRADEI-AW.COM JENNIFER L GoROON KIMBERLY J.WIND" tM/CAUFORNIA LiceNsm GENERAL CONTRAOtOR Luis M.CmAvez 'JD/UCENtCD IN NEVADA 0 QAWPQRNIA BRETT K.WISEMAN —PROFESSIONALENGINEER CA,CC,UT,OR.WA. OF COUNSEL A2zAm D,SAADt"'* NIA&AZ September 27, 2011 VIA US. MAIL UP,R D)AND FAC&AELLT&AG:11E City Attorney's Office City of Diamond Bar Public Works 21825 Copley Drive Diamond Bar, California 91765 Our Client: Micon Construction, Inc. Project: Washington Park Re: Bid Protest and Rancho Pacific Engineering,Inc. Dear Mr. Sir/Madam: This letter is to respond to the City of Diamond Bar's letter dated September 20, 2011 concerning Micon Construction, Inc.'s bid protest of Rancho Pacific En i ering's gme ("R.PF') bid on the City of Diamond Bar Washington Park construction project ("Project). See Attachment"I". Bid protests may be directed at the responsiveness of a competing bid or at the rejection of the protestor's bid on the basis that the bid is not responsive or the bidder is not responsible. A contract may not be awarded to a bidder whose bid was not responsive to the invitation.for bids. Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988).206 Cal.App.3 d 449, 454. Micon Construction, Inc- hereby formally protests the award of the Washington Park construction Project to RPE- RPE's bid is both non-responsive; and RPE fails to have the requisho responsibility to perforin Lhe work on this Project. ........... ............ ....................................... .......................... .......... ..................................I.......... ............... ............ SEP-27-2011 10:1 OAM FROM- T-250 P.003/031 F-595 City Attorney's Office City of Diamond Bar September 26, 2011 Page 2 of 4 First, RPE made a material misrepresentation on its bid that permitted RPE to have a competitive advantage over the other contractors, including Micon Construction, Inc. On RPE's Declaration of Bidder's Qualifications, RPE asserts that that RPE has 1120 years as a Contractor in construction work of this type." See Attachment "2". This is not only impossible but a complete misrepresentation. RPE's license shows that it was issued on October 25, 2010 (less than one year ago). See Attachment"33 The City responded that "the principals of Rancho Pacific also operate a company called Mega Way Enterprises which has been in business for over 10 years." Regardless of the fact that ev'e'n combined they still do not have 20 years experience, Mega Way Enterprises is not listed as a subcontractor on this Project and the City of Diamond Bar's specifications do not permit the "borrowing" of experience and qualifications from another licensed contractor. See Attachment -4." It is important to note that Mega Way Enterprises will not be performing any work on this Project. Permitting only RPE to borrow another licensed contractor's qualification's to obtain the requisite experience level gives RPE a competitive advantage over other bidders and gives the appearance of favoritism to RPE. Further, in RPE's Proposal, Ms. Saad (RMO for RPE-) certified under penalty of perjury that "that this proposal is made without collusion with any person, firm, or corporation." See Attachment "5". See also Attachment '161' entitled Affidavit for Corporation Bidder. In tact, RPE went so far as to assert that the Affidavit for Co-Partnership Firm was "not applicable" as well as the "Affidavit for Joint Venture". See Attachment "T' and 'T". As such, Mega Way Enterprises' experience level is irrelevant. If Mega Way Enterprises is the more qualified contractor then RPE, then Mega Way should have bid the Washington Park Project. Second, if you exclude the experience level and qualifications of Mega Way Enterprises, it is clear that RPE lacks the necessary qualifications to perform the scope of work for the Washington Park project. RPE has only had 3 jobs since its inception, RPE's jobs consisted of a community trail and two (2) medium improvement projects. See Attachment "9". These three (3) Projects are not even similar or of like kind to this Project. The Washington Park project consists of the construction of a new park and a community trail and two concrete medium projects do not bear any resemblance / similarity to a community park. A bid may be rgiected on the basis that the bidder is not -responsible. While, responsibility includes trustworthiness, it refers also to the "quality, Andrade ............ ...........I..................... ..............I...................................................................................................... ........ .......... SEP-27-2011 10:1 OAM FROM- T-250 P.004/031 F-595 City Attorney's Office City of Diamond Bar September 26, 2011 Page 3 of 4 fitness and capacity of the low bidder to perforin the proposed work." City of Inglewood —L.A. County Civil Center Authority v. Superior Court (1972) 7 Cal.3d 861, 867. Third, RPE obtained a competitive advantage by being able to fill out and return the "Certification with Regard to the Performance of Previous Contracts or Subcontracts subject to the Equal Opportunity Clause And the Filing of Required Reports" after the deadline for bid submission. See Attachment 1110.1' This allowed RPE a "second looter because if RPE had decided they did not want the job, they could have refused to fill out and return the above referenced form and their bid would have been rejected for failing to conform to the specifications. This gave RPF' a competitive advantage, over all of other bidders,, including Micon, who properly submitted all the required forms in accordance and in conformity with the specifications. RPE had a benefit not available to the other bidders; it could have backed out- This mistake can not be corrected by waiving this "irregularity.,, it is clearly evident that RPE's bid was non-responsive. A bid is not responsive and may not be accepted unless it binds the bidder 'to perform the work set forth in the invitation such that is cannot be withdrawn after bids are opened. Menefee v. County of rresno (1985) 163 Cal.App.3d 1175, 1180-1181, An irregularity which puts the bidder in the position of being able to withdraw its bid may not be waived. Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988)206 Cal,App 3d 449, 454; see also Valley Crest Landscape" Inc.n . v. City Council (1996) 41 Cal.App. 01 1432 (it is an unfair advantage if the bidder could have withdrawn its bid and it does not matter whether the bidder sought to withdraw its bid but whether such relief was available). A basic rule of competitive bidding is that bids must conform to specifications and that if a bid does not so conform., it may not be accepted. A bid which substantially conforms to a call for bids may be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed to other bidders... National Identification Svslep7s, Inc. v. State Board of Control (1992) 11 Cal.App.0 1446. Please contact me to discuss this bid protest as time is of the essence, and a decision as to whether or not to file an injunction needs- to be made. I again hereby make a formal request tinder Government Code Section 54954.1 for mailed notice of all meetings of the City Council at which any issues pertaining to the award of this contract or on the agenda. If there is any fee for this service,please forward that information to me ii-nmediately so that I can properly pay your fee. frade Associate. ...........I......................................................................................................................:............................................................. SEP-27-2011 10:11AM FROM- T-250 P-005/031 Fq93 City Attorney's Office City of Diamond Bar September 26, 2011 Page 4 of 4 I also again request to be advised, by telephone, or fax or e-mails, as soon as there is any,staff report or recommendation concerning Micon's protest of the award of the contract so I can immediately obtain and inspect copes of these reports or recommendations. Sincerely, AND ACBE &ASSO I ES By: IFI;R pG ESQ. orneys for c nn truction, Inc. Cc: Micon Construction, Inc. A.-ssodatej ............................................................................................................................................................ ................................... SEP-27-2011 10:11 AM FROM- T-250 P.000/031 F-595 ........... ................. ....................... ...... ........................................... ....................... ........... ........................ ............. SEP-27-2011 10:11 AM FROM- T-250 P.007/031F-595 C 0 (7;411 Y o f D 21 am o n d B a 21525 Copley Drive a Diamond Bary OA 91765 PY (909)839.7000-Fax(909)$61--,M17 www.DiamondBarCA.gov September 20, 2011 Micon Construction, Inc. Aftn- Ruth Lspke, Project Manager 1616 Sierra Madre Circle Placentia, CA 92870 Dear Ruth Lepke: This letter acknowledges your written protest, dated September 14, 2011, of the bid submitted by Rancho Pacific Engineering, Inc. for the City of Diamond Bar Washington Park construction project. City staff and the City Attorney have reviewed the bid submitted by Rancho Pacific, which is now the apparent low bidder in light of the City's rejection of Horizon's bid. The City Attorney has determined that Steve Tie the bid irregularities are non-material and waivable, for the following Mayor reasons: '1.ing-,Ling Chan 9 Aofayor Pro Torn 1. Wrong liconse number listed for Play Smart Sutfacing—The Publio I Contract Code does not require that the license number be listed, but Ron Eve*t that the subcontractor merely be identified by name and location. The Council momtIor name and location of the subcontractor are corr�ot, and hanoe, there Carol Herrsira is no ambiguity about the identity of the listed subcontractor, Council Mom ar 2. Declaration of bidder's qualifications — The principals of Rancho Jack Tanaa Pacific also operate a company called Mega Way Enterprises Council Memher (License #779869), which has been In business for over 10 years, ( egg.. Way Enterprises has successfully completed at least one prQject'for the City of Diamond Bar in the past two years. City staff has no concerns with Rancho Pacific's qualifications and does not find Rancho Pa6irlo irresponsible on the grounds you cite. 3- Contractors Industrial Safety Record— Rancho Pacific has had four contracts in the post year. City staff has no concerns with Rarloho Pacific's safety record, number of past contracts or their qualifications. 4. Performance of previous contracts or subcontracts subject to Equal Opportunity etc.—The City Attorney has determined that failure to list VG/Eo -16vd N0110ndISN00 N001W OG:LO ........................................................................................... .......................................I..................I............ ............... ......... SEP-27-2011 10:12AM FROM- T-250 P-008/031 F-595 the ubcontractors on this form did not give Rancho Pacific an unfair advantage in the bidding process.Rancho Pacific's subcontr9ctors are listed in its bid proposal. The form was�executed on behalf of the listed subcontractors. Rancho Pack bg_s_now submitted a reprised "Equal Opoortunity"form listing its subcontractors and is eligible tobe -away �Ijoonfrkt, this iTSU6 Wsffim—m-afe-r-15T 5. Miathematical Errors on Bid Schedule-There are two mathematical errors on Rancho Pacific's base Bid Schedule, one for two cents and one for eighteen cents. The unit Prices are all correct and the total base bid amount is in the City's favor by eighteen cent. Rancho Pacific has gigreed to complete the project for its base bid amount in the bid proposaf- Since the next lowest bid is over two thousand dollars more,the mad ematical errors present no unfair bidding advantage to Rancho Pacific. The three hand written corre6tions on the alternate bid items are clear and acceptable to City staff, The 4and written total.for base bid and alternate bid was not necessary, plus had an eigh�y cent error in Its addition. Per the City Attorney, the City may waive any irregularity in any bid that does not create an undue or unfair advantage to the bidder. If the Olty Couiticil derides to award the alternate bid item(s), the amount of the award will be based on the unit prices, which are correct. There is no unfair advantage to the bidder. Bas4d on the foregoing, City staff is recommending the City Council reject your bid protist and award the construction contract to Rancho Pacific Engineering, Inc, The City Pouncil meeting at which this will be considered is at 6*130 PM on Tuesday, October 4, 2911. The meeting is heldin the AQMD Government Center, located at 21825 Copley Drive, Diamond Bar, CA 91765, You are welcome to attend and present your proWst to the City Council at that time. Sinc�rely, A Bob,nose Comfnunity services Direotor CC. David Doyle,Assistant City Manager Mike Jenkinsi..City Attorney NOi.Lon�11SN00 NODIW LOOT-999-PTL 09:L0 ITOZ/TZ/60 ....................... .................................................... ........................................................................ ............................ SEP-27-2011 10:12AM FROM- T-250 P-009/031 F-395 ATTACHMENT 66219 ...................... .................................I........................ .................. ............ ..............................I....................... SEP-27-2011 10:1 3AM FROM- T-250 P.010/031 F-595 DXCLMUMN OF DIODDER'S QTJALMCAUONS The bidder shall furnish the followimg information: (Additional sheets=y be attached iftecessay.) (1) Address: 1094 S. RESERVOIR T. POMONA, CA 91766 (2) Telephonw.909-469-0488 (3) Conft=tor's License:(Class A License required for this projed.) stift 2A License No. (4) Type of Pi=: *Individual partnership— Corporation CORPORATION Corporation chW=d under laws of the State of �ALIFOffNIA LO YEARS type:(5) :X:q�umberof Years as aContraotor in construction work of this type, 20YEARIS3 C -tcjtiv com;:.n�w projects iect type recently ((6) Three projects of this type recently compl CONTRACT TYPE OF PROJECT DATE OWNEWS NAUE A—MOTJNT-. COWLETED AND ADDRESS aM-QNGA 240X0 COMIALINITYTRAIL APRIL 2011 TY OF:NORWALK 1270D NORWALK BLVD, I MILLION MEDIAN IMPROVEMENTS JULY 2011 0' G17�F �Rls ld_eN 1.2 MILLION MEDIAN IMPROVEMENTS SEPTIAEBER 2011 D%T, 6 Pemon whoLed site of the proposed work for your f—nm--- Name,DARRa.Yo WRIGHT If an individual,so state. If a ftnn or a co partnership,state the fum name,and give the Z=es and addresses of all individuals,co-pafters,composing the fimL If a coxporatlort,state the legal name ofthe corporation, also names of the President Secretary,*Manager and Treasurer thereof, with their business addresses, NOTE: If rcquesW by the Owner,the bidder shall Am&h a notarized ftancial statement,references, and other information wffloi'mfly comprehmsive.to permit an appraisal of his current financial condition. 3Z ............................................................................................................................................................................................. SEP"27-2011 10:13AM FROM- T-250 F.011A31 F-595 ATTACHMENT 66399 ................... ................... . ................ ......I.................................I................... .....................I.........I................ SEP-27-2011 10:13AM FROM- T-250 P-012/031 t-nam Et L>c L�0031$e IJe=-Unt=tStat U-CeWe B03111 Page I of 2 Department of Consumer Affairs Contractors State Ul clard Contractor"s License Detail - License # 953839 DISCLAIMER;A license istaWs check provides Information taken from the CSLR license databam eafore relying on ibis information,you should be aware of the following limitations. CUB complaint disclosure is restricted by law(5jE1_12_46J If tifir,entity Is subject to public complaint disclosure,a firil; for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P7071.1 only construction related civil judgments reported to the CSI-8 are dfsdosed. Arbitrations are not listed unless the contractor fails to comply With tha terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. UrAnsa Number 963839 F.xtractUate X114/ 011 RANCHO(PACIFIC ENGINEERING INC 1008RE35RVQIRS Business information POMONA,CA 91766 x38.3955 ....... El Corporation tssu^Roo Expire Date License status This license is ourrentand active.All informaijon below should be reviewed. AddiEional ........... CLASS DF�scpjp-1 ION A GENERAL ENGINEERING CONTRACTOR Classlt7c�tior�: I3 GENERAL BUILDING CQNTMC_TOR 010 ELEQTKIQAI C27 1;j_QSQAPING CONTRACTOR'S BOND This license flied Contractor's Bond number 100142981 in the amount of$12,600 with the banding company &MLERIQAN G()N--TRACTQF--S INDEMNITY COMFAN_Y Effootive Date.,10)20/2010 Bonding: BOND,,or-,(,UALIFYING INDIVIDUAL - 9. Tho Retsponsibla Managing Officar(RMO)SAAR PIERRE SALIM certifled that hc/sha owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required, Effective Date-10/2M010 aOl's Sonding History https://www2.cslb.ca.gov/OnlineServices/CheekLicens�II[LicenseDetait.Mx?LieNum---95... 9/1412011 .............. ............................................ .........I................................................................. ..............I............................... SEP-27-2011 10:1 4AM FROM- T-250 P.013/031 F-595 tmwK a JjCejL-$V-)-rJUVMU J-,VrEa- %-vuua%,tuxa,uvALS, This license has workers comperls4on insurance with the GASTUPQINT NATIONAL INSURANCECOMPANY Policy Number.WCPSCI 184711 Workers'CornpemaVon. Mefive Date:07101/2.011 Expire Date:07101/2012 Workers!Comoensatlon 1-fistary t�ersrrnnel listed on Ifl-Wrii-oan-se' are listed on other licansm, 10 Conditions of use I PriUac�Pgflc https://www2.csib.ca.gov/OWineServices/Cheeld-icenseff&iceo$eDetdLaspx?LioNuiw--95.,. 9/14/2011 ................................................................................................................................................................................................ SEP-27-2011 10:14AM FROM- T-250 P.014/031 F-505 .................. .........I.......................I.....................................I......I.......................................................... ............ 10 14AM FROM- T-250 P-0 15/03 1 F-595 MORMATION FOR BIDDYMS 1. PRF-PARAT16N OF BID FORAL- The City invites bids On the form attached to be,submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Siandaxd Specifications for Public: Works comtraction, 2009 Edition(with all supplemonts), All blanks on the bid form must be appropriately filled in. All bids shall be submitted in scaled envelopes bearing on the,outside the name of the bidder,his address,and the name of the project for which the bid is submitted. it is the sole responsibility of the bidder to see that the bid is ieceived in,the pTopox time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder uaopened- 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certi-Red check or by a bid bond in the amount of not less than ten percent(10%) of the amount named is the,proposal. Said check or bond shall be,made payable to the City Clerk of the City of Diarmnd Bar and shall be given as a guarantee that the,bidder,if awarded the work,will enter into a contract withiV ten (10) days after written notice of the award and 1 0 A furnish the necessary bonds as hereinafter provided. � case of refusal or failure to enter said contract, the chQok or bond,as the case maybe,shall be forfeited to the City. No bidder's bond will be accepted unless it confonns substantially to the form furnished by the City, which is boand herein, and is properly filled out�md executed. 3. SIGNATURE: The bid must be signed in the,name of the bidder and must bear the signature in longhand of the person or persoas duly authorized to sign the bid on behalf of the bidder. 41 MODIFICATIONS; Changes in or addition to the bid formre recapitulations ations of the work bid upon, altoma&u proposals or any other modifications of the bid form which is not specifically called for in the contract documents may rosult in flao Ownees rejection of the bid as not being responsive to the invitation to bid, No oral Or telephonic modification of any bid submittod will b d 0 consi med but a telegraphic mddifir�,iion of any bid submitted will be considered and only if a postmark evidences that a confamadon of the telegram duly signed by the bidder was placed in the mail P 0 to the, opening of bids. The bid submitted must not contain any erasures, intediwafion or oieir corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person,or persons signing the bid. 5. DISCREPAN SINTRE-PROPOSALS: In case of discrepancy between words and figarcs,the words shall prevail. If the amounts bid on individual items Cif called for)do not in fact add to the total amount shown by the bidder, the, coirccily added total of the individual items Sul prevail over the total figvre shown, The estimated quantities and amounts ate for the purpose of comparison of bids only. The City Council of the City of Diamond Bar resmesthe zight to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDERS EXAAMATION OF SITE: Each bidder shall examime, c.'Wefally the site of the proposed work and the contract documents therefore. It will be a$Mmed that the bidder has investigated and is satisfied as to the, conditions to be encountered as to the character,quality,and quantity of materials to:bo,tmished, and as to the requirements of the corftac�specigegtions,and drawings- 'Cho namq.pfi,flap,individgat who examined.tho site of the work and tho date of such c,xamination shall be stated in the proposal. 13Y submitting a bid,the bidder will be held to have personally exaudned the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his Proposal 7 ............................................ ......................................... ........................................ T-250 P.016/031 F-595 SEP-27-2011 10.15AM FROM- and agrees that if he is awarded the writract,he will wake no claim against the City ofliia vnd Bar based on ignoranae or misunderstanding of the contract Provisions. 7. wl14 FA.WAL-OF BIDS: Any bidder may withdraw his bid either personally, by wxitam request, or by telegraphic request coaffimed in the manner specified above at any time prior to flee scheduled closing time for receipt of bids, 8. IlVSLIR.ANCE ANU 1 PLWS: The Contractor shall not commence work under this contract vzatil he has secured all. insurance and bonds required under this section nor shall he allow any subcontractor to commence wozk on this suboontzact until all similar instlraace issued m compliance with this section shall be issued in the form, and be an insurer of the insurers, satisfactory to anal first approved by the City in writing. Certificates of Insurance irl the amounts required shall be famished by the Contractor to the City prior to the commencement of work, The Contractor shall maintain.adequate W oAmen's Compensation Insurance under the laws a£the State of Callfomi.a for all labor employed by hum or by any subcontractor under bfin,who may come within,the protection of such W'orkanen's Compensation ium=ce laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from. liability imposed by law, for damages on account of bodily injury, including death rm1ting tharefrom, suffered or alleged to have been aiffered by an.y persona or persons, other thian employees, resulting directly or iudirectly from the perforhnazace or execution of this contract or any subcontract thereunder, and also to protect sald Contractor and the City agaitast loss from liability imposed by law, for damage to any property, damage insurmce shall be maintained by the Contractor in hall force and effect during the entire period of'performance wider this contract,in the amount of not less than$1.,000,000 for one person uncured in the accident and in,the amount;of not less than$1,000,000 for more than ode person."ured in one accident and,in the amount of not:less that,.$1.,000,000 with respect to any property damage aforesaid. Tice Contractor shall secure with a responsible corporate surety, or corporate surafi.es, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements wader the contract and upon the payment of claims of materials, men and laborers theremdm The Faithful Pmformauce Bond shall be lu the sum of not; less razz one hundred percent (100%) of the estimated aggregate amount of the paymesat to be made under the contract computed oar time basis of the prices stated ire tho proposal. The Labor and Material Bond shall be in,the sum of not less than one hundred.percent(100%) of t o estimated aggregate amount of the payments to be shade under the contract computed on the basis of the prices stated ire the proposal. 9. S1 lZI} TIt N t7F PLASS ArID DOC[TMBNX S: Tf any person coahte cplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, speczfieWons, or other contract doctarneaxts, or finds discrepancies in, or omissions from the drawings and specifications,he may submit to the City a vVaitten request for an interpretation or cometioa thereof The person subra tting the request:will be responsible,for its prompt delivery. Any iratelpretation dr connection of the contract documents will be,made only by Addendum duly issued and a copy of such addendum,will be mailed or delivered to each person receiving a set of the contract document No person is authorind to make any oral interpretation of any provision,in the contract documents to any bidden, and no bidder is authorized to rely on any such unauthorized oral izkteapretation. 10. DISQUALII?ICATIO -OF_BIDDA More thank one proposal from azo individual, firm ; partriership, corporation, oir.association under the same,or different,carnes, will not be considered. r Reasonable grounds for believing that any bidder is ingested in more than one proposal for the work contemplated will cause the'rojeotion of all proposals in which such,bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and � Ilona of the participants in such collusion will be considered is future pmpoaal.s_ ....................... ......... ................................................................................I............................... ...................... SEP-27-2011 10:18AM FROM- T-250 P-017/031 F-595 No award will be,made to any bidder who oannot give satisfactory assurance as to his ability to carry out the Contract,both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated is the Contract. The bidder may be-required to submit his record of work of similar nature to that proposed under these specifications, and -anfamilia-dty with the type of work may be suffloi6at cause for rejection of the bid. 11. A T :IA�ARD.QF CON)TA:C - The,City May award the Contract to the lowest responsible bidder on the total bid amount. Bids will be compared on the basis of the lowest possible cost and the Contract, if award4 will be awarded to a responsible bidder whose proposal complies with,the raqurr=eats of these specifications. The award, if made, will be Piade within ninety (90) calendar days after the opening of the proposals;provided that the award may be made'after said period of the successful bidder shall not have given the City written notice ofthe,withdrawal of his bid. 12. COWETVNC-'of BMDEPS: In selecting the lowest responsible bidder, consideration will be givea not 01dy to the fa=cial standing but also to the gapmal competency of the bidder for the, performance,of the wo*covered by the,proposal, 13. LISTING sUBCaNTRAcTOP subcontractors �S: 'tach bidder shall submit a list of the proposed subc�ontlao t on this project as required by the Subletting and Subco==Cmg Fair Practioes Act (Government Code Section 4100 and following). Pones for Us purpose are finnished with the contract. documents. 14. WDRKER'a COMPENSAT TON: In accordance with the,provisions of Section 3700 bf the Labor Code, ft Contractor shall secure the payment of compensation to his employees. The Contractor shaH sign and file with the City the Mowing certificate PrIoi to perforudug the work under this contract: "I amaware of the provisions of Section 3700 of the Labor Code wbl& require compensation or to undertake self insumee in accordance Nirith thi prowslons of that code, and X will comply with such provisions before commencing the performance of the work of this contract" The,form of such certifloate,is included as part, of the contract documeirts.` IS. BD3 DEPOSIT PZETURN: Deposits of three or more low bidders, the, number being at the discretion of the City,will be held for sixty days or until posting by the successful bidder of the Bonds required and retan of exeoated copies of the Agrement, whichever first occurs, at which fime the deposits will be retumed after consideration of the bids, 16. MaCUTION OF CONT : Tho bidder to whom award is made, shall execute a written contract with the City on the firm agreement provided,and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure, or refusal to 'enter into a contract as herein provided, or to conform to any of the stipulated requirements M-colmeuao-g therewn shall be just cause for the zanulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses oT--fails to execute the Contract,the City may award the Contract to the second lowest responsible bidder. If the second lowest raspomible bidder refuses or fails to execute,the Cozftact, the City may award the Contract to the third lowest responsible bidder. 0'a the failure or refusal of such second or third lowest bidder to exe-.ato tho Contract, such bidder's guarantees shall.belikewi$e forfeited to the City. The work may then be Te-advetlised. 17. "OR EQLILALI.'.-. Parsuant to Division 5, Chapter 4,Article 4(commencing at 94380) Govez=eII&, Code, all specifications shall be deemed to include the words "or equal", provided however that ponxa,gsible exceptiouaheieto shall be specifically noted in the sp'Wifications. 9 ............................... ..............................11.1....... ..............................I....... ....................... T-250 P.018/081 F-595 SEP-27-2011 10:1 SAM FROM- 18. EWLQYNPRI _XNT Or, AP 7-WTICES: The Contractor, and all subcontractors,shall comply with the provisions in Sections l77-7.5,(Chapter 1411, Statutes of 1968), and 1777.6 of the Califomia Labor Code concern ng the employment of apprenticm The Contractor and any subcontractor under him shall comply with the%quirements of said sections in the employmwt of apprentices; however, the Contractor SWI have, fall responsibility for compliance with said Labor Code section, for all apprentie-eable occupations, regardless of alay other contractual or employment relationships alleged to exist, lu additiba to the above State Labor Code Requirements regarding the maploymQat of apprentices and trainees, the Contractor and all subcontractors shall comply Frith Section 5&3,Title 29 of the Code of Federal Regulations(29CPR). 19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bia is !!!�'��_I � under consideration for the award of the Con ct shall submit promptly to the, qt tra y satisfactory evidence showing the biddoes financial resources, his construction experience, and his ozganization.and plant facilities available for the performance of the;contract. 20. WAe_E RA'Z'ES:. The.Contractor and/or subcontractor shall pay wages as indicated in the"Notice Inviting Sealed Bids"-section ofthese specifications. The Contractor shall forfeit as peaft to the City of Diamond Bar;twenty-five dollars 025.00}for laborers,workmen,or mechanics employed for each.calendar clay,or portion thereof if such,laborer,worbnaa or mechanic employed is paid less than the general prevailing rate,of wages hereinreferredto and stipulated for.any work done under the proposed contract, by him, or by any subcontractor under him, in violation, of the provisions of Labor Code, and in pardlar, Sections 1770 to 1781 inclusive. Copies of 41 collective bargaining agreements rolatiag to' tho work as set forth in the aforementioned Labor Code, are on file of the Department of Wustrial Relations, Division of Labor Statistics and Research. 21. PERM - IS� FEES _AND 1e1QEN_SES: The. Contractor shall possess a valid class A GeneGeneral. Engineedng contractor's license issued by the State of California,prior to the issuance of ffie first payment made under this Contract. 22. TIME OF COWLEXION AND UQUIDAIED_PAMAGES: Bidder must a eto commence work on or before,the date of written"Notice to Proceed"of the City and to My complete the project within two hundred(200)calendar days thereafter(Constactipa: 110 Calendar Days; Malatenance Period:90 CaleAdar.,Days)-Bidder must agree also to pay as liquidated damages,the suin of five hundred dollar'.s($166 06)�o"each calea'Aar day thereafter. 10 ............................................................................................................................................................................................ SENT-2011 10:1 7AM FROM- T-250 P.019/031 F-595 ATTACHMENT 66559 ................................................................................................................................................................................ . SEP-27-2011 10:18AM FROM- T-250 P.022/031 F-595 ATTACHMENT 6669) ............... ...........I.................... ................ ....................... ...........................I...I.,..... ......................... T-250 P.020/031 F-595 SEP-27-2011 10:17AM FROM- Ph r, DIODDIMIS MOPOSAL FOR WASMGTON TIAVX CONSTPLUMON PAMECT IN"M CHH OF D14MOND DAN,CMHOW". Date September 8, 2011 To the City Council of the.City of Diamond Bar. The Under-signed hereby doclares; (a) That PRRt3lac oplytmsons orparties interested inthis proposal as principals ate the feljoiying, IEG SKA (W the bidder is a corporation, give tie name of the carporation and the name of its president, se=taM trw=w, as d manager. If a co partnership, give the nave under whidb the co- partnership does business,anal the names and addresses of all co-partners. If an individual,state the name under which the contract is to be drawn,) ff(b)=Thatt]14�&%p�wposal is made without collusion,with any pmon,flim.orcaLrporaTfloam. ...................... (c) That he has carefully exatnined.thu location of the proposed work Emd has -ranjiliarized h(Wself with all of the physical and cjimajjo conditions, and makes Us bid solely upon his-own knowledge. (d) That by sabmitting this Bidder's Proposal,he a0knowledges receipt and knowledge of the contents of those co=udcations sent by the City of Diamond Bar to him at the address Almished by him to the City t f Diamoad Bar when this proposal form was obtained. (e) That he has carefully,wwm7mcd the specifications, both paeral and detail, and the drawings attached hereto, and'c&mmnnicaflons sent to'hbn as aforesaid, and Makes US PrOPOW in accordance thm with. (1) That; if this bid is accepted he will d4ter into a written coattaut for the performance. of the . proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and..toaccept in M payment for the work actually done thereunder the prim shown in the attached schedule. It is urift-dood and agreed that the quantities set forth are estimates and that the, unit prices will apply to the actual qmndiies whatever they maybe. AmnVavying this proposal is a certified or cashices check orCbI=ddces boan:�payable to the order of tbv, City of Dlimond Bar in the sum of DOLLARS Said kidder's bond has been duly executed by the undersigned bidder and by a,financially sound surety company authorized to transact business in this statc, It is understood and agreed,fttshoW4 4he.biddpr fail within,ten,days aftor award of contract to enter into the contract and ftniih aacegtable surety bowels,then the:proceeds of said check,or bidder's bond, shall ........... ..................I................ .......................................................................................:................. ........................ SEP-27-2011 10:1 SAM FROM- T-250 P.021/031 F-595 bwu=tae propi*of the City of Diamond Bar,but if this Coaftad is entered into and said bonds aro fwmish4 or if the bid is not awepW thca said cbmk be refimmed to th�tndcrsigacd,or the bidder will be relmed from to biddees 15ond. 1094 S. RESERVOIR ST. 909-469-0488 address of—Bidder `telephone of Bidder POMONA, CA 91766- Cita zip cade sipff5fe--om, tkx L3 .. ....... . ............... ................I...... ....................................... ............ .......... ..............I............ ............................. SEP-27-201 1 10:1 8AM FROM- T-250 P.023/031 F-593 AFMAYff FOR CORPOP-Anow MODEL STATE OF CALYPORNU COUNTY OF LOS ANGELES )SS PIERPE SA AD being, fnt duly swam deposes and M)W- 'Thad is PRESIDENT RANCHO PACIFIG ENGINEERING a wr9or-don wwoh is the pa"making the foregoing VMusal or bid; ffia such bid is amuine and not C=cdurave or sbam that said bidder his not collud4 conspired,connived or aged,dira0ly i or indk=tlyv �s W—ji Eg"i o t 'riderhon u��iiula s ami�r Ilu i��� co s 0 to s au Mamer sou collusion to sw= A4yDt a –aft �,ty of Dkmxld]39x M 0rany Pew0nlntemWint'h0PWP0sed contract ftsr hhWelf or for any affierperson. Subs=led and swam to befixe me Us 9TH AUGUST 20 JANFEmBACH Naf C m ani .R.AD pry 1;�o Calf JW C" 2 ...................................................................................................................................................................I—......................... SEP-2T-2011 10:19AM FROM- T-250 P.024/031 F-595 .................................................... ....... ............ .................................................................................................................... SEN7-2011 10:19AM FROM- T-250 P-025/031 F-593 AF=Avrr Fox co-PAkTNFRsHiP Fnm STATE OF CALIFORNM )SS COUNW OF LOS ANCTELES ficing iftint duly sworn, deposes and says; That be is a member of the w-parhielft fmn d�si 'd whi0.is the paity m4ft the foregoing proposal bi such bid is 9mulde and.not collusive or Shama;ffid said bidder bas not collum, conspWrI001 that ora ed, dkewy or Zadimdy,with any Other bidder or puson.to put in a sham bid or that su other person sban refi-da ftom biddinr and lassnot m, any mmer sought by collusion to or, against the city of Diamond 38ar or aty .person Worsted in the Mposed confrac�for hims fot for any otWpersmL That W has been and is duly vest(A rth aut�oriiy to make and sigft orfs for the co- PatneLslPbv _AmV who con-3talethe o&u==bers 0 co-p Subscribed wd sworn to beforeme this 20� Si atureo t fficur Adwm" ntenn (Notary Public.) 21 ................................I............ ......................................................................................................................................... SEP-27-2011 10:1 9AM FROM- T-250 P.026/031 F-595 ATTAU""'HMENT "8'9 ............................................................ ...... ............................ ......... .................................................. ............ SEP-27-2011 10:20AM FROM- T-250 P.027/031 F-595 AHMAVU FORJOWr VENT= STATE OF CAT ORNIA )SS COUNTY OF LOS AXORLES duly sworn,deposes and says". 3S 04 oneof the parties submitting W foregoing bid as a jftt V(MWe he has been and is duly vested wMihe aiiffiotityto make and sign inslr=ents far and onbehaifof aparties malt said bid who are: flit such bid is gewifte and not collasive or sham; 1 said bidder has not colluded,conspir4 connived or agmed,&rmay or indhwdy,with any smy other or I a m or pon,to put in a sbasu bid or That suali o*= pamon AW zeftin from bidding;and has not in TflaTmer sought by collusim to sea=any advantage against flee City of Diamond Barorany person ested in the proposed canfts�for himself or for any otherpemon. Subscdibadanawom to beforo me ibis dayof 20_ Sipature of Officer Administering Oath, (NotaryPublid.) 24 4. ................................................................................................................................................................................................ SEP-27-2411 10.20AM FROM- T-250 P.028/031 F-595 ATTACHMENT ('6951) ................................................................ ............ ...................... .......... .......................... .......................................... SEP-27-2011 10 ZOAM FROM- T-250 P 029/031 F-1595 DZC1;ARKIJ0N OF BU)DEWS QUALMICATIONS The,bidder shall ftnish the following information: (Additional,sheets may be attached if newssary.) (i) Adams' 1094 S. RESERVOIR ST. POMONA, CA 91766 (2) Telepheae,909-469-0488 (3) Contmetoes License.(Claus A Ilcenso required for this projcQt.) qA, mcense-xo,953839 (4) Type ofFft= *ludividual partnership Corporation CORPORATION Corpomdon chartered tinder 0w—s of the State-of' CALIFQIA . �RN (5) Number of Years as dd*a]Ctdr i3i 60nstjutddA ik6ik of this type, 20 YEARS (6) Three projects of fl)is type recently completed,' CONM&CT TY?E O-V PROJECT DAA T OWNWSNAIVS AM—OUNT-. CQ ,TLET10- AXD APDMSS GUY OF RANCHO CUGAMONGA 2409000 COMMUNITY TRAIL APRIL 2011 10500 CIV110 CWER M CITY OF NORWALK 1 MILLION MEDIAN IMPROVEMENTS JULY 2011 I2700 NORWALK BLVD. 1.2 MILLION MEDIAN IMPROVEMENTS SEPTMEBER2011 '=AfW3'T1' (7) Person who inspected,site of the proposed work for your fwx Name:DARRELL WRIGHT pate offi4euh6j-7,SEE TEM Es ER 2N 3-MTT— If=individuA fan name,,,and.give the names and addrmes of all individuals,co-partners,composiug the;fim If a caxpovatipnstate the,legal ame of the corporadon, also narnes of th6,President Swretny,*Manager add.Timarer th�of, with their business addressm NOTE; If reque:.5ted by the Owner,the bidder shall fim6h a notae2ed financial&temtxa,references and other infomation mfficieWy comprehensive to perartit an appraisal of bis oweat faiancial,wndfflon. 31 ......................................... ................... ........ ....... .............. ........... ................. ...................................................... SEP-27-2011 10:21AM FROM- T-250 P.030/031 F-605 ATTACHMENT 661079 ................... ...................... ...... ................................I...................................... ............................................... 10:21AM FROM S CfMMTMCATn10N'W"Z1Tjd nGARD TO TBE PERFORM CE OF PRIVIOUS CONTRACIS E S SUB 17��] OP,SUBCONTRACTS SUBJECT TO TBE EQUAL OPPORTUNM CLAUSE AND THE MING OF.REQUW"MORTS RANCHO PACIFIC ENGINEERING The bidder ,proppsed subcontractor hereby certifies that he has , x has not . participated in a previous contract or subcontract subject to the EQ-Pal OPPort[WRY Clause,as required by Executive Orders 10925, 11114,or 11246,md that he has -X bas not_ filed with the mutt Reporting Committee,the Director of the dfficaof Federal Contract Compliance,a Federal Cove meat enn t tv Y. or adailitisteft agency, or the former President's Committee on Equal Etuploymeat OppOrhmi reports duo under the applicable filing requirements. RANCHO PACIFIC ENGINEERING (Colne ....PRES1.DtNT ............ I)ATF., SEPTEMBER 8, 201-1 NOTE:The above certification is required by the Equal Employment OpportuwW RegtAadors of the Secretary of Labor(41 CPR 60-1.7(b)(1),and must be submitted by biddum and proposed subcontractors only in connection with contracts and subcontracts which are mbicot to the Eqt d Opporhmity Clause. Contracts aad subcontracts which are exempt from the Equal Opportunity Clam are set forth.in 41 CM 60-1.5.(Generally oray contracts or subcontracts of$10,000 or under are exempt), Cu=ndy, Standard Form,100 (BIRO-1) is the only report required by the Exemitive orders or their implemeaft regulations. Proposed. prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders o have notMed the required reports 41ould note that 41 CFR 60-1.7 (b) ('I)prevents; the award of contracts and subcontracts urilessiuch contractor submits a report covering the delinquent petiod of such other pedod specMed by the FedeW Flighway Administration or by the Director,Office of Federal Contract Compliarim US.Department of Labor. JENKINS &HOGIN, LLP A LAW PARTNERSHIP MICHAEL JENKINS MANHATTAN TOWERS CHRI5Tf HOGIN 1230 RoSECRANs AvENUE,SUITE 910 MART:D.E.WOHLFNRERG Y E. BRADLEY \X� MANHATTAN BEACH,CALIFORNIA 90266 KARL H.BERGER (310)643-8448•FAx(310)6438441 GREGO KOVACEVICH WWWLOCALGOVLAW.COM JOHN C.COTTI ELIZABETH M.CALCIANO LAUREL!LANGER ROBERT M.SMrnf TREVOR RUSIN T..UNH HO WRITER'S EMAIL ADDRESS: MJENKINS@LOCA LGOVLAW Com September 29, 2011 Jennifer L. Gordon, Esq. Andrade &Associates 27101 Puerta Real, Ste. 120 Mission Viejo, CA 92 69 1 Re: Diamond Bar Washington Park Project Bid Protest Dear Ms. Gordon: This responds to your letter of September 27, 2011 regarding your client Micon Construction, Inc.'s protest of the Rancho Pacific Engineering bid for construction of the City of Diamond Bar's Washington Park project. I will respond to each of the three grounds for protest raised in your letter in the sequence presented. Issue l: The bid solicitation documents do not require any specific minimum level of experience, either with regard to number of years the contractor has been licensed or in. business or with regard to the number of previous similar projects it has perfonned. As you observe, Rancho Pacific states in its bid that the contractor has 20 years' experience. The president of Rancho Pacific, Pierre Saad, has informed the City that he has been a contractor in excess of 20 years and has been licensed as a contractor by the State of California since 1991. Mr. Saad is the individual responsible for his company's performance of the contract. Accordingly, I find no material misrepresentation in the bid. E:\DIAMOND BAR\D.B.-Lcttcrs&McmosUtr Bordon(micou).docx JP VKNS&HOGIN,LLP September 29, 2011 Page 2 Further, in his September 20 letter, Mr. Rose's reference to Mega Way Enterprises was not intended to suggest that Mega Way was in any respect involved in this bid. He was merely noting that Mr. Saad is an experienced contractor who has personally performed construction work for the City under the auspices of a different company. Issue 2: A bidder may be rejected as irresponsible by the awarding Body in reliance on evidence of irresponsibility. City of Inglewood, 7 Cal. 3`d at 871. City staff has conducted due diligence in the review of Rancho Pacific's references and,no evidence has been discovered suggesting that it is irresponsible within, the meaning of the City of Inglewood case. Whether the three projects listed in the bid are sufficiently similar to the subject project for purposes of assessing the contractor's skills and competence to perform this project is within the sound discretion of the awarding body and not in and of itself evidence of irresponsibility. Ultimately, this is a determination for the awarding body in its discretion and based on its evaluation of the evidence. As you well know, a contractor may not be deemed irresponsible based solely on unsupported allegations frons a competitor that it is unfit or otherwise incapable of performing. If you possess actual evidence that Mr. Saad or Rancho Pacific has demonstrated unfitness or an inability to perforin in a-prior project, I would encourage you to submit it to the City at your earliest convenience. Issue 3: You assert that Rancho Pacific filled out and returned the Certification With.Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports (the "Certification") after the deadline for submitting bids. Your Attachment 10 includes a handwritten note to that effect., which appears to have been written to you by your.client. In fact, the Certification was executed by Rancho Pacific and included with its bid submission. Your client earlier asserted to the City that the bid was nonresponsive because Rancho Pacific failed to list its subcontractors on its Certification. It is true that the Certification form submitted along with the bid did not list the subcontractors. The note on the Certification provides: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors onlyin connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. gaDIAMOND BAMD.B.-Letters&MemosUtr gordon(micon).docx JENK Ns&HoGIN,LLP September 29, 2011 Page 3 Certification [emphasis added]. Contractors and subcontractors must only comply with the Federal Equal Opportunity Clause and complete the Certification when working on Federal Government projects or projects which receive federal assistance. 41 Code Fed. Reg. §§ 60-1.1, 60-1.7. The current project does not involve the federal government nor receive any assistance from the federal government; therefore, the Certification is not applicable to the project. As the Certification was included in the bid packet in error, Rancho Pacific's failure to list subcontractors on the form is inconsequential. Even if the form were applicable, in.my judgment failure of a subcontractor, as distinguished from the contractor, to submit the form would be not render the bid unresponsive. Based on the foregoing, I do notfind the grounds for protest set forth in your letter meritorious. Should you wish to discuss this matter further, please do not hesitate to contact rne. e y t U, > f enkins City Attorney City of Diamond Bar cc: Bob Rose EADIAMOND BART.B.-Letters&MemdsUu Bordon(micoii).docx Agenda # 7. 1 IT Meeting Date October 4, 2011 OF CITY COUNCIL AGENDA REPORT rn'l:ORPoTt' ' TO: Honorable Mayor and Member "e City Council r VIA: James DeStefano, City Man 9 TITLE: RESOLUTION 2010-33A -A RESOLI OF THE CITY COUNCIL OF THE TrI CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2010-33 ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR BUILDING CONSTRUCTION SERVICES PROVIDED BY THE CITY RECOMMENDATION: Adopt. FISCAL IMPACT: The recommended fee adjustments will generate additional revenue that will partially offset the City's true cost of providing services. Despite the recommended increases, the fees will not reach full cost recovery levels. The total overall increase in revenue is unknown at this time, as it is dependent upon future project volumes. If adopted, the recommended fees will become effective in 60 days. BACKGROUND: In September 2010, the City Council adopted a comprehensive user fee adjustment that applied to all but those in the valuation-based building construction category. At that time, building permit fees were understood to have been adjusted regularly throughout the period other user fees had not. Therefore, no adjustments were thought necessary and none were recommended at that time. However, a thorough staff review has determined that building permit fees had not been amended as described and are in need of adjustment as outlined in this report. FEE METHODOLOGY: Before outlining staffs recommendations, it is important to understand how building permit costs are calculated. Permit fees are based on the size and value of the construction project. The project's value is classified by project type and is calculated by multiplying the established per square foot value by the overall size of the project. Building permit fees are then set in intervals that escalate as the valuation of the project increases. A study of building permit fees in other agencies finds a wide variance in methodology and cost. The County of Los Angeles has adopted a fee structure developed by in- house personnel that is updated regularly. Many cities, including Walnut, La Verne, La Canada Flintridge, La Habra Heights, and La Puente (among others) simply adopt this table as it is updated, but apply a markup of 52-100%. A table comparing the City's current rates to the rates of those agencies is provided below. BUILDING PERMIT FEES Total Valuation DB-Current LA County LCF La Puente Walnut La Verne $0-$700 $28.50 $43.10 $65.51 $68.96 $86.20 $86.20 $701-$1000 $42.80 $64.60 $98.19 $103.36 $129.20 $129.20 Each Add'l$1,000 up to$25k $11.10 $16.70 $25.38 $26.72 $33.40 $33.40 Each Add')$1,000 up to$50k $8.50 $12.80 $19.46 $20.48 $25.60 $25.60 Each Add'l$1,000 up to$100k $6.40 $9.60 $14.59 $15.36 $19.20 $19.20 Each Add'l$1,000 over$100k $4.30 $6.60 $10.03 $10.56 $13.20 $13.20 1.52x County 1.6x County 2x County 2x County Like the permit fees described above, the methodology for determining the overall value of a project varies from agency to agency. Every few years, the County develops a valuation guide sheet based on in-house staff calculations and those contained in an industry standard table produced by a company called Marshall-Swift. Many local cities, including those shown in the previous example, use these as the basis for their valuation calculations (Walnut uses the 2002 version, while La Verne uses the most recent 2007 update). The County of Orange, on the other hand, has adopted the ICC valuation table as its primary standard of values (with a 12% markup). Other agencies have adopted original tables of values free of influence from either a County or industry standard. In any case, it is clear that hybrid valuation models are commonplace in the industry. New research by staff has found that Diamond Bar's valuation tables are in-house values rather than those of the ICC as originally believed. Staff hypothesizes that this loose hybrid of the ICC and County tables was established over the years to account for these two factors: 1. ICC tables provide valuation figures for a limited group of construction types, leaving valuation figures for ancillary construction items like additions, tenant improvements, garages, swimming pools, and patios to be determined by the agency providing the service. Therefore, the City developed appropriate values for these items outside of a published table. 2. In the past, nationally published valuation figures may not have accounted for regional business costs, leaving agencies in areas with higher costs of living (like Southern California) to absorb any difference. This would account for the City's updated values when compared to ICC rates over the same period. FEE ADJUSTMENT RECOMMENDATIONS: The City's thirteen years of static building permit fee rates have failed to account for inflation and the increases in the cost of personnel, equipment, and overhead, leaving services heavily subsidized. Since the primary benefits of construction projects are individually realized (unlike public safety services and recreation programs, which are benefits realized by all residents), staff recommends the amount of the subsidy be offset by a I greater contribution by the end user. This recommendation is consistent with the rationale behind previously approved fee increases for services that benefit individuals. Furthermore, the City's valuation table, while currently effective, should be based on a documented source where applicable to ensure consistency and defensibility. With this, staff recommends the Council approve the following adjustments to building construction fees: 1. Adopt the most recent Los Angeles County building permit fee rates, and apply an annual CPI increase (based on federal Urban Wage Earners & Clerical Workers — LA/OC from March-to-March guidelines, effective at the beginning of the fiscal year) to ensure rates remain current. If approved, building permit fees would immediately increase as follows: Total Valuation Current Fee Recommended Fee $0-$700 $28.50 $43.10 $701-$1000 $42.80 $64.60 Each Add'l $1,000 up to$25k $11.10 $16.70 Each Add'l $1,000 up to$50k $8.50 $12.80 Each Add'l $1,000 up to$100k $6.40 $9.60 Each Add'l $1,000 over$look $4.30 $6.60 2. Fully adopt the ICC table as the basis for construction valuation and implement the most updated table upon its publication going forward. This will establish a consistent and nationally recognized baseline for the City's values. In general, the ICC values construction at a lower rate than the County's standards. This difference often provides a savings in project valuation to the end user, as shown in the example below. Agency Valuation, R-3 Residential Construction,w/AC Diamond Bar- Recommended $102.91(Recommended Value per ICC Table) Walnut $107.40 Diamond Bar- Current $115.90 La Verne $134.40 Applying the valuation data above to a 1,000 square foot project results in building permit costs of: Agency Valuation/Sq. Ft. Total Project Valuation Permit Cost DB Current $115.90 $115,900 $906.20 DB Recommended $102.91 $102,910 $1,278.60 LA County* $134.40 $134,400 $1,643.82 Walnut* $107.40 $107,400 $2,929.54 La Verne* $134.40 $134,400 $2,936.94 *Includes 10%Surcharge for energy review 3. Maintain the City's current valuation of all construction types not listed on the ICC table. Consistent with the previous example, the majority of the City's values would remain lower than those used by comparable agencies. For example: Additions Diamond Bar Walnut LA County La Verne Up to 1000sf $100.50 Up to 600sf $75.70 $148.23 $148.23 Garage- Ex. Diamond Bar Walnut LA County La Verne Wood Frame $27.40 $41.20 $50.74 $50.74 Masonry $27.80 $44.80 $56.08 $56.08 Carport $14.00 $30.30 $35.83 $35.83 W2 Diamond Bar Walnut LA County La Verne Fiberglass $9.40 $11.60 $12.29 $12.29 Metal $14.00 $14.20 $15.13 $15.13 Wood Frame $14.70 $19.00 $18.97 $18.97 Applying the recommended values these examples results in the following permit costs: 500 sf Addition DB Current DB Recommended LA County Walnut , La Verne Permit Cost $436.20 $785.40 $1,006.20 $1,204.40 $1,973.20 Garage-400 sf/Wood QB Current DB Recommended LA County Walnut La Verne Permit Cost $142.70 $214.90 $381.90 $615.20 $741.00 Patio- 200 sf/Wood QB Current QB Recommended LA County Walnu La Verne Permit Cost $65.00 $98.00 $98.00 $194.00 $194.00 PLAN CHECK FEES: Plan check fees are currently set at 85% of the project's building permit cost. Staff recommends no change to this fee. CONCLUSION: Since incorporation, the Council has carefully managed the City's finances, implementing sound fiscal policy and balanced budgets each year. This has resulted in Diamond Bar's continued financial strength in the face of a major nationwide recession that has crippled many other agencies. These important policy decisions include the implementation of fair user fees that limit public subsidies to individuals while maintaining the City's history of business friendly policies. Staff has crafted the proposed fee increases with this history in mind, and is confident its recommendation provides the balance Diamond Bar is known for. Given the uncertain nature of the economy and the state's budget health, it is appropriate for the City to recover a greater percentage of its business costs, particularly when fees have been under market rates for years. And, while it is true that the action will increase end user costs from current levels, market research indicates the City's fees would remain among the lowest in the area. Therefore, staff recommends the Council adopt the building construction user fee increases as presented. Prepared by: a. — Ry clean, Assistant to the City Manager RESOLUTION 2010-33A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2010-33 ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR BUILDING CONSTRUCTION SERVICES PROVIDED BY THE CITY A. RECITALS WHEREAS, the City Council of the City of Diamond Bar has heretofore established various schedules of rates, -fees, and charges for the processing of applications, permits, and other municipal services; and WHEREAS, pursuant to the Constitution and state laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services provided the rates, fees, and charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the City's rates, fees, and charges for building construction services, including inspections and permits have remained static for an extended period and are in need of adjustment to better reflect current business costs; and WHEREAS, the City Council desires to implement rates, fees, and charges for various municipal construction services provided by the City of Diamond Bar as set forth herein; and WHEREAS, California Government Code Section 66016 requires notice to be published in advance and data made available concerning rates, fees, and charges prior to the City Council conducting an open and public meeting with respect to the adoption of increases in rates, fees, and charges or the adoption of new rates, fees and charges for various municipal services; and WHEREAS, Pursuant to California Government Code Section 66016, the City Council has met the noticing requirements and considered the matter in an open and public meeting prior to the adoption of this Resolution; and B. RESOLUTION THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar as follows: SECTION 1. The City Council hereby finds and determines that, based upon the data, information, analyses, and testimony presented and contained in the corresponding staff report, concerning the rates, fees, and charges described in Exhibit A attached hereto and by this reference incorporated herein, the rates, fees, and charges set forth in said Exhibit A do not exceed the estimated reasonable cost of providing the service for which it is levied. SECTION 2. The rates, fees, and charges set forth in Exhibit A are hereby adopted and approved as the rates, fees, and charges for the services identified. SECTION 3. The rates, fees, and charges set forth in Exhibit A shall be effective and implemented commencing sixty (60) days from the date of adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 4th day of October, 2011. Steve Tye, Mayor 1, 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 4th day of October, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar Exhibit A CITY OF DIAMOND BAR COMMUNITY AND.DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING CONSTRUCTION FEE SCHEDULE 2011-12 ACTION FEE Permit Valuation Based on ICBO/ICC Valuation Guidelines & City Ancillary Table Special Inspector $49.41 Per Job Site, Specialty Building Permit Fees Total Valuation $43.10 $0-$700.00 $64.60 $701.00-$1,000 $16.70 Each Additional $1,000 or Fraction Thereof Up To $25,000 $12.80 Each Additional $1,000 or Fraction Thereof Up To $50,000 $9.60 Each.Additional $1,000 or Fraction Thereof Up To $100,000 $6.60 Each Additional $1,000 or Fraction Thereof More Than $100,000 Building Plan Check Fees 85% Of Building Permit or $50 Minimum Extension of Unexpired Permit $93.33 Extension of Expired Permit $93.33 Strong Motion Instrumentation Program Residential State Fee, Valuation Based $0.50 Minimum, or .01%of valuation Commercial $0.50 Minimum, or .021%of valuation Energy Enforcement Based on $300 State Mandated $30.00 10% Building Permit Fee $25.50 8.5% Energy Permit Fee Site Inspection $164.70 Site Inspections Not Otherwise Covered by a Fee Inspection,Group R or M Occupancies $164.70 Occupancy Groups Other Than R or M Floor Area $197.64 Less Than 5,000 S.F. $263.52 5,001-10,000 S.F. $527.04 10,001-100,000 S.F. $658.80 Over 100,000 S.F. Inspection, Repair/Rehab of Regular Building Permit Fee For Building/Structure Declared Substandard Structure Inspection, Demolition of Build in Structure $164.70 Pre-Alt Inspection $93.33 Wood Re-Roof Overlay, Pool/Spa Locations Inspection/Reinspection of Group A, Division $65.88 4 Structures Application and Investigation For Relocation, Floor Area Building Permit as Required By Chapter 68 $197.64 Less Than 2,500 S.F. $395.28 2,501+ S.F. Inspection Outside Normal Business Hours $156.07 0-2 Hours Minimum Fee $156.07 Each Hour Thereafter Additional Plan Review $93.33 Per Hour Certificate of Occupancy $164.70 Certificate of Occupancy, Temporary $93.33 Extension of Certificate of Occupancy, $93.33 Temporary Important Points For purposes of establishing the Permit Fee Multiplier, the • The BVD is not intended to apply to alterations or repairs estimated total annual construction value for a given time to existing buildings. Because the scope of alterations or period (1 year) is the sum of each building's value (Gross repairs to an existing building varies so greatly,the Square Area x Square Foot Construction Cost)for that time period Foot Construction Costs table does not reflect accurate (e.g., 1 year). values for that purpose. However, the Square Foot The Square Foot Construction Cost does not include the Construction Costs table can be used to determine the price of the land on which the building is built. The Square cost of an addition that is basically astand-alone building Foot Construction Cost takes into account everything from which happens to be attached to an existing building. In foundation work to the roof structure and coverings but the case of such additions, the only alterations to the does not include the price of the land. The cost of the land existing building would involve the attachment of the addition to the existing building and the openings between does not affect the cost of related code enforcementactivities and is not included in the Square Foot the addition and the existing building. Construction Cost. Square Foot Construction Costs',b, d Group(2009 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly,theaters,with stage 213.26 206.02 200.72 191.95 180.03 175.03 185.14 164.60 157.61 A-1 Assembly,theaters,without stage 195.09 187.85 182.55 173.78 161.91 156.91 166.97 146.48 139.49 A-2 Assembly,nightclubs 164.78 160.08 155.65 149.42 140.29 136.53 143.89 127.27 122.52 A-2 Assembly,restaurants,bars,banquet halls 163.78 159.08 153.65 148.42 138.29 135.53 142.89 125.27 121.52 A-3 Assembly,churches 197.06 189.82 184.52 175.75 163.84 158.84 168.94 148.41 141.42 A-3 Assembly,general,community halls,libraries,museums 165.45 158.21 151.91 144.14 131.22 127.22 137.33 115.79 109.80 A-4 Assembly,arenas 194.09 186.85 180.55 172.78 159.91 155.91 165.97 144.48 138.49 B Business 166.35 160.31 154.97 147.38 133.73 128.86 141.26 117.56 112.00 E Educational 176.39 170.31 165.24 157.71 146.90 139.05 152.20 127.81 123.47 F-1 Factory and industrial,moderate hazard 98.83 94.20 88.53 85.28 76.18 72.96 81.58 62.78 59.05 F-2 Factory and industrial,low hazard 97.83 93.20 88.53 84.28 76.18 71.96 80.58 62.78 58.05 H-1 High Hazard,explosives 92.63 88.00 83.32 79.08 71.17 66.94 75.38 57.76 N.P. H234 High Hazard 92.63 88.00 83.32 79.08 71.17 66.94 75.38 57.76 53.03 H-5 HPM 166.35 160.31 154.97 147.38 133.73 128.86 141.26 117.56 112.00 1-1 Institutional,supervised environment 166.45 160.61 156.13 149.36 137.18 133.55 145.57 123.08 118.71 1-2 Institutional,hospitals 279.74 273.70 268.36 260.77 246.24 N.P. 254.66 230.07 N.P. 1-2 Institutional,nursing homes 194.86 188.82 183.48 175.89 162.52 N.P. 169.77 146.35 N.P. 1-3 institutional,restrained 189.53 183:49 178.15 170.56 158.15 152.28 164.45 141.98 134.42 1-4 Institutional,day care facilities 166.45 160.61 156.13 149.36 137.18 133.55 145.57 123.08 118.71 M Mercantile 122.74 118.04 112.61 107.38 97.91 95.15 101.85 84.88 81.13 R-1 Residential,hotels 167.86 162.02 157.54 150.77 138.75 135.13 147.15 124.65 120.28 R-2 Residential,multiple family 140.76 134.93 130.44 123.67 112.32 108.70 120.72 98.22 93.85 R-3 Residential,one-and two-family 132.48 128.87 125.59 122.47 117.59 114.66 118.59 109.86 102.91 R-4 Residential,care/assisted living facilities 166.45 160.61 156.13 149.36 137.18 133.55 145.57 123.08 118.71 S-1 Storage,moderate hazard 91.63 87.00 81.32 78.08 69.17 65.94 74.38 55.76 52.03 S-2 Storage,low hazard 90.63 86.00 81.32 77.08 69.17 64.94 73.38 55.76 51.03 U Utility,miscellaneous 69.66 65.79 61.57 58.14 52.18 48.79 55.35 40.81 38.65 a. Private Garages use Utility,miscellaneous b. Unfinished basements(all use group)=$15.00 per sq.ft. c. For shell only buildings deduct 20 percent d. N.P.=not permitted CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING VALUATION TABLE - ANCILLARY ITEMS 2011-12 ACTION FEE (Per Sq. Ft.) Additions $100.50 Up To 1,000 sq. ft. Carports $13.10 Good $14.00 Very Good Garages $27.40 Very Good/Wood $27.80 Very Good/Masonry $29.40 Very Good/Wood—Hillside $29.90 Very Good/Mason - Hillside Investigation/Reinspection $150.00 Patios/Decks $9.40 Fiberglass $14.00 Metal $14.70 Wood Patio Enclosures $30.00 Wood $50.00 Metal Porches $12.00 Remodel $40.00 Re-Roofs $2.15 Comp/Asphalt Shingles—Per Sq. Ft. $215.00 Comp/Asphalt Shingles—Roof Square $3.15 Tile (Class A)—Per Sq. Ft. $315.00 Tile (Class A)—Roof Square Allowed Only if<25%of Roof is Done: $2.20 Wood Shake (Untreated)—Per Sq. Ft. $220.00 Wood Shake (Untreated)—Roof Sq. $2.50 Wood Shake (Class A)—Per Sq. Ft. $250.00 Wood Shake Class A —Roof Sq. Swimming Pools/Spas $42.00 Private $49.00 Private/Decorative Tenant Improvement $22.10 $4.10 New TIs, A/C Commercial $3.30 New TIs, A/C Residential $2.45 New TIs, Sprinkler System Story #207297 System LANGZ by S811 Time 11:29:23 Date 9/21/11 Ad # Filmed 9/21/11 at 11:29:23 by S811 Page I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council of the City of Diamond Bar will hold a Public Hearing on Tuesday, October 4, 2011 at 6:45pm or as soon thereafter as the matter may be heard, in the Auditorium of the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, California, 91765 for the purpose of considering: RESOLUTION 2011-XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR BUILDING CONSTRUCTION SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF DIAMOND BAR Information and materials are available for review during regular office hours at Diamond Bar City Hall, 21825 Copley Drive, Diamond Bar, California 91765 If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar City Clerk at the address given above. You may also obtain additional information concerning these cases by phoning the City Manager's Office at (909) 839-7010. Dated: September 20, 2011 /s/ Tommye A. Cribbins Tommye A. Cribbins, City Clerk City of Diamond Bar Publish: September 23; 2011 San Gabriel Valley Tribune Ad#207297 LEGALS - From Tommye Cribbins, Diamond Bar City Glerk (909) 839-7010 (1/8th page ad) PLEASE ADVERTISE ON FRIDAY, SEPTEMBER 3, 2010 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council of the City of Diamond Bar will hold a Public Hearing on Tuesday, October 4, 2011 at 7:00pm or as soon thereafter as the matter may be heard, in the Auditorium of the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, California, 91765 for the purpose of considering: RESOLUTION 2011-XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR BUILDING CONSTRUCTION SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF DIAMOND BAR Information and materials are available for review during regular office hours at Diamond Bar City Hall, 21825 Copley Drive, Diamond Bar, California 91765 If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar City Clerk at the address given above. You may also obtain additional information concerning these cases by phoning the City Manager's Office at (909) 839-7010. Dated:September 19, 2011 Tommye A. Cribbins, City Clerk City of Diamond Bar Publish: September , 201 ' Tom= Cribbins ' From: IV Daily Bulletin ` con] Sent: Tuesday, September 20, 2011 9:25 AM :o: /m/myewvvx/m Subject: RE FW. Public Hearing Notice Received, ad will run 9/23 ---- Original Message ---- From: TO: Subject: FW: Public Hearing Notice Date: Tue* 20 Sep 2011 09:16:50 -0700 xGood Morning - I need the attached Notice of Public Hearing printed >this Friday. Please advise if this is possible. � >Thank you! � >|ommye � >[itv Clerk »[ity of Diamond Bar x(909) 838-7010 � x[onfidential Communications ^The information contained in this e-mail message is intended only for >the use of the individual or individuals named above. If the person >actualIy receiving this message or any other reader of the message is >not the named recipient or the employee or agent responsible to deliver >it to the named recipient, any use, dissemination, distribution, or »copying of the communication is strictly prohibited. »If you have received this communication in error, please immediately xdestroy AND notify us by telephone at 989.838.7058. Terry Bronson Lauren Klein Legal Advertising inland Valley Daily Bulletin email: 909-987-6397 x215 Terry 909-987-6397 x209 Lauren l ` Tomme,Cribbins From: Courtney .con] Sent: 119:358M To: /u/nxyuu/uumu Subject: RE Public Hearing Notice HiT0rnmya. Your adrequest iereceived. Thanks! Courtney From: TonlnlyeCr8bbns Sent:Tuesday, September 2O, 2O119:1OAPl To: terry. ) Courtney Reyes ( ) Subject: Public Hearing Notice Good Morning Ladies—I need the attached Notice of Public Hearing printed this Friday. Please advise ifthis ispossible. Thank you! |onnmye Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named necipient, any use, diosanoinaUon, diothbuUun, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify uabytelephone et00Q.838.7O68. 1 Agenda # PFA 3 . 1 Meeting Date: October 4 2011 T AUTHORITY :� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION PFA 2011-XX OFT E CITY OF DIAMOND BAR PUBLIC FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES RECOMMENDATION: Adopt. FISCAL IMPACT: None. BACKGROUND: The Diamond Bar City Council directed staff to begin the process for the conversion of Diamond Bar Center variable interest rate bond debt to fixed rate bonds. In order to comply with Section 6592.1 of California Government Code, it is necessary for the City of Diamond Bar's Public Financing Authority ("Authority") to authorize the issuance of bonds at a regularly scheduled meeting. The Resolution before you will set a schedule for regular meetings on October 18 and November 1 as potential dates for the issuance of bonds, and is in addition to the regularly scheduled meeting the first Tuesday of December. Prep d by: Anthony Santos Sr. Management Analyst Attachments: 1. Resolution of the City of Diamond Bar Public Financing Authority Establishing Regular Meeting Dates. RESOLUTION NO. RESOLUTION OF THE CITY OF DIAMOND BAR PUBLIC FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES The Board of Directors of the City of Diamond Bar Public Financing Authority does hereby find, order and resolve as follows: SECTION 1. Recitals. A. The City of Diamond Bar Public Financing Authority (the "Authority") is a joint exercise of powers authority organized and existing under Article 1 and Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "JPA Act") for the purpose of assisting its members and any related agencies or subdivisions (the "City") in the financing or refinancing of particular projects; and B. To fulfill its purposes, the Authority, from time to time, authorizes the issuance of bonds or purchases bonds of other local agencies pursuant to the JPA Act; and C. Government Code Section 6592.1 provides that the Authority may adopt a resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds only during a regular meeting of the Authority held pursuant to Government Code Section 54954; and D. The Authority desires to adopt this resolution in accordance with the provisions of Government Code Section 54954 to establish regular meeting dates; SECTION 2. Regular Meeting Dates. Notwithstanding any provision to the contrary in the joint powers agreement establishing the Authority, any bylaws of the Authority or in any prior resolutions or actions of the Board of Directors of the Authority, from the date hereof, the regular meetings of the Authority shall be held on the same day and time as the last regularly scheduled meeting of the City Council for the month of October, the first regularly scheduled meeting of the City Council for the month of November, and the first regularly scheduled meeting for the month of December and may be held as a joint meeting with the City Council of the City. For 2011, such dates are October 18, 2011,November 1, 2011, and December 6, 2011 at 6:30 p..m. In the event that the Secretary determines that there is no business of the Authority to be conducted at a regular meeting, then the Chairman, the Secretary and other officers of the Authority are authorized to take whatever actions are required by law to cancel such regularly scheduled meeting. SECTION 3. Other Actions. The Chairman, Vice Chairman, Executive Director, Treasurer, Secretary and other officers of the Authority are authorized and directed,jointly and severally, to do any and all things which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 4. Effect. This Resolution shall take effect from and after its date of adoption. DOCSOC/1517340v]/024168-0005 PASSED, APPROVED AND ADOPTED on October 4, 2011. Ron Everett, Chairman I, Tommye A. Cribbins, Secretary of the Diamond Bar Public Financing Authority of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. PFA 2011- was duly and regularly passed and adopted by the Public Financing Authority of the City of Diamond Bar, California, at its adjourned regular meeting held on the 4th day of October, 2011, by the following vote,to wit: AYES: AUTHORITYMEMBERS: NOES: AUTHORITYMEMBERS: ABSENT: AUTHORITYMEMBERS: ABSTAIN: AUTHORITYMEMBERS: ATTEST: Tommye Cribbins, Secretary 2 DOCSOC/1517340v 1/024168-0005 � m V OLUNTi4RY REOUEST TO ADDRESS . COUNCIL HE CI TO: CITY:CLERK " FROM: t� DATE:. '' ADDRESS PHONED ORGANIZATION -. ►n/�► AGENbA#/SUBJECT I expect to address the Council on the subject agenda/subject it Please have tine Council Minutes :reflectf my name and address:as written above. - Si nature This document is a public record subject to disclosure under the;Public Records Act VOLUNTARY REQUEST TO ADDRESS"T:HE CITY COUNCIL 71-O .:. CITY CLERK FROM DATE ' Iv ADDRESS: Vm . PHONE Ib ORGANIZATION AGENDA#%SUBJECT , C I expect to address the Council on:A he subject agenda/subject item Please have he Council Minutes. reflect my,name. address as wntteh above -. and ign r This'document.is"a.public record subject to disclosure under the Public Records Act x98h . VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:. DATE: ADDRESS.. PHONE: ORGANIZATION: . AGENDA#/SUBJECT. e sect j a enda/subect item. Please have the Council I expect to address the Council on the �ubj g Heil Minutes• reflect my name and address;as written above Signature ,.. .;This document is a public record subject to disclosure under the Public Records Act:.