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HomeMy WebLinkAbout05/01/2012City of Diamond ►. City Council Agenda Tuesday, May 1, 2012 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ling -Ling Chang Jack Tanaka Mayor Mayor Pro Tem Ron Everett Carol Herrera Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney Michael Jenkins • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Cleric, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. 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 ROS 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, FiOS 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, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 1, 2012 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA Next Resolution No. 2012-17 Next Ordinance No. 09(2012) 6:30 p.m. Mayor Pastor Bob Stebe, Northminister Presbyterian Church Council Members Everett, Herrera, Tye, Mayor Pro Tem Tanaka, Mayor Chang Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming May, 2012 as Water Awareness Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 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 21810 Copley Dr., Diamond Bar, California, during normal business hours. May 1, 2012 PAGE 2 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULEOF FUTURE EVENTS: 5.1 Sycamore Canyon Park Trail — Phase IV Dedication — May 5, 2012 — 10:00 a.m. Sycamore Canyon Park Trail — Diamond Bar Boulevard. 5.2 Planning Commission Meeting — May 8, 2012 — 7:00 p.m., Windmill Room, Diamond Bar City Hall, 21810 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — May 10, 2012 — 7:00 p.m., Windmill Room, Diamond Bar City Hall, 21810 Copley Drive. 5.4 23d Annual Birthday Celebration — May 12, 2012 — 11:00 a.m. to 5:00 p.m., (Carnival rides open until 6:00 pm). - Pantera Park, 738 Pantera Drive 5.5 City Council Meeting — May 15, 2012 — 6:30 p.m., AQMD/Government Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session Minutes of April 17, 2012 — Approve as submitted. (b) Regular Meeting of April 17, 2012 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of March 13, 2012 — Receive and File. 6.3 Ratification of Check Register — April 12, 2012 through April 25, 2012 Totaling $969,475.76. Requested by: Finance Department 6.4 Treasurer's Statement — March, 2012 Recommended Action: Approve. Requested by: Finance Department May 1, 2012 PAGE 3 6.5 Approval of Fiscal Year 2012-13 City Council Goals and Objectives. Recommended Action: Approve. Requested by: City Manager 6.6 Adopt Resolution No. 2012 -XX: Approving Program Supplement Agreement No. 011-N to Administering Agency -State Agreement No. 07-5455R for Utilization of Federal Funds in the Amount of $1,120,000 on the SR 60/Lemon Avenue Partial Diamond Interchange Project (Right —of -Way Phase) Federal Project #HPLU-5455(007). Recommended Action: Adopt. Requested by: Public Works Department 6.7 Approve Repair and License Agreement for Helicopter Landing Site (Helispot 120A) Between the City and the Consolidated Fire Protection District of Los Angeles County. Recommended Action: Approve. Requested by: Public Works Department 6.8 Acceptance of Work Performed by ACE Construction, Inc. for Construction of Sycamore Canyon Trail — Phase IV; Direct the City Clerk to File the Notice of Completion and Release the Retention Thirty -Five Days After the Recordation Date. Recommended Accept, Direct and Authorize. Requested by: Community Services Department 6.9 Second Reading of Ordinance No. 08 (2012): Amending Diamond Bar Municipal Code Section 1.04.010(e) Regarding Award of Attorney's Fees and Costs in Nuisance Abatement Actions. Recommended Action: Adopt Requested by: Community Development Department/City Attorney May 1, 2012 PAGE 4 6.10 Approve Amendment No. 1 with All City Management Services, Inc to Extend the Current Crossing Guard Services Contract for a Period of Two (2) Years (July 1, 2012 — June 30, 2014). Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2012 -XX: Establishing and Adopting Schedules of Rates, Fees, and Charges for Services Provided by the Community Development, Community Services and Public Works/Engineering Departments of the City of Diamond Bar. Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt. Requested by: City Manager 7.2 Adopt Ordinance No. 07A(2012) An Ordinance Extending Urgency Ordinance No. 07(2012) Prohibiting the Issuance of Permits for Establishment of Land Uses on the Site of the former Diamond Bar Honda Dealership and its Adjacent Parcels at the Northwest Corner of the SR60/Grand Avenue Interchange Pursuant to Government Code Section 65858. Recommended Action: Receive Staff's Report; Open the Public Hearing, Receive Testimony; Close the Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 17, 2012 L>., STUDY SESSION: M/Chang called the Study Session to order at 5:30 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, Steve Tye, Mayor Pro Tem Jack Tanaka and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; Ryan McLean, Assistant to City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Rick Yee, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Andee Tarazon, Community Services Coordinator; Issac Aziz, Network Systems Administrator; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. No. DISCUSSION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2012-13 — Discussion and Action 1. Discussion of Goals and Objectives for Fiscal Year 2012-13 CM/DeStefano stated that each year the City Council takes a look at its existing Goals and Objectives and proposed Goals and Objectives. Sometimes there are Goals that roll over from one year to another because their multi-year projects or for various reasons are not able to complete the goal in the particular budget year that it is listed for. Tonight, Staff wishes to have the Council take a look at the proposed set of Goals for next year, many of which will look familiar to you. This would also be the time to mention any modifications, changes, additions and deletions; particularly those goals that might be proj ect oriente d or that have a budget implication. ATCM/McLean stated that many of the existing items are multi-year projects that are currently in progress and therefore staff recommends that the majority of the items remain on the list until completion. Staff does recommend deleting two items which are related to the City Hall and Library (4.Other Items — bullets 5 and 6). Also," at this time it would be appropriate for Council to discuss any potential additions, deletions, etc. C/Herrera said she felt the list was very comprehensive and rather than adding to the list, Council should focus on completing as many of the items as possible. C/Everett said he would prefer to have the library left on the list until completion. He also felt compelled to bring up economic development and more specifically highlight, 'promotion of viable commercial activity" which he would like to see as a standalone item. APRIL 17, 2012 PAGE 2 CC STUDY SESSION M/Chang said she took that as the second bullet point — Develop incentive -based Specific Plans, etc. which she believes addresses the economic business development plan. CM/DeStefano talked about moving forward to specifically address that issue in this budget year. CM/DeStefano in an effort to clarify C/Everett's recommendation asked C/Everett if what he had in mind was to split the bullet points by having two categories: Fiscal responsibility and Economic Development and then place the bullet points related to each in to their distinct category. C/Everett said that his point is that "economic development" is somewhat independent of "fiscal responsibility". CM/DeStefano said it could be separated and that C/Everett was talking about establishing priorities. CM/DeStefano pointed out that the way all of these goals are established is that they are all equally weighted. There isn't a priority amongst and between them. There could be but there has not been over the past few years. Staff works through all of the items to achieve success as the opportunity arises. Some take much longer than others even though they may have a higher priority for staff. He wanted to point out that it does not necessarily create a higher or lower priority based on where it is aligned in each of the four major categories. C/Everett said he always likes prioritization and thinks economic development is a priority. M/Chang said she agreed with C/Everett and that is why she spoke with CM/DeStefano about the Business Advisory Council where the City could get input from local businesses and come up with creative ideas to entice business and/or to help with synergy. C/Everett stated that that could be another element. Discussion ensued about possibilities regarding business development and whether it should be local or in conjunction with the Chamber of Commerce. MPT/Tanaka said he was comfortable with the list because sometimes the Council gets hung up on prioritizing things and concentrates more on that than getting things done. MPT/Tanaka said as grant funds come in at different times of the year, a #3 item may get completed before a #1 item, for example. APRIL 17, 2012 PAGE 3 CC STUDY SESSION M/Chang said she meant separating Fiscal Responsibility from Economic Development and assign separate numbers not to make it a priority but to separate those as categories. C/Tye said he did not believe it made any difference whether they were separated because the verbiage is the same and everyone knows what the goals are. ACM/McLean suggested that he would look at the formatting for clarity going forward. C/Tye agreed that the goals and objectives should be cleaned up as staff recommended because the goal that is being discussed for elimination was to "work with the County to reach a firm agreement" and that has been achieved. The goal was not to "open" the library by a set date. M/Chang, C/Herrera and MPT/Tanaka agreed C/Tye stated that he would like to see a goal to replace trees that have been removed or destroyed as a result of auto accidents as soon as possible; such as the tree in the tree well between Ballena and Rancheria. A car hit it and it has a public works sign over it. He would like to have the stump removed and the tree replaced. He would like to see every tree well in every median that loses a tree replaced with another tree. CM/DeStefano stated that generally speaking, the City does not trade a tree for a tree immediately and the City is not waiting for insurance payback. Staff generally bundles those issues for efficiency sake. CSD/Rose said that there is a policy to remove and replace twice a year. The best tree planting months are in the fall (October) and spring (March). If there is a still an empty tree well it is because it got missed and staff needs to go out and check the inventory to see if there is something available to plant when the weather is right. CM/DeStefano said that the City bundles the trees, etc. because it gets a better price. M/Chang felt that this matter didn't belong on the list Hearing no further comment, M/Chang and Council directed staff to remove bullet points 5 and 6 under category 'A. Other Items" and split "Fiscal Responsibility and Economic Development". APRIL 17, 2012 PAGE 4 CC STUDY SESSION ► DISCUSSION OF LANDSCAPE LIGHTING ASSESSMENT DISTRICTS 38, 39 AND 41 — Discussion and Action CM/DeStefano stated that this is an ongoing matter that the City addresses from time to time since about FY 2005-06/2006-07, the Lighting and Landscaping Assessment Districts have begun to go upside down with respect to the resources that are needed to maintain the high level and cost of maintenance the City provides. The current subcommittee comprised of MPT/Tanaka and C/Everett met a few weeks ago with CSD/Rose and PWD/Liu and put together some possible solutions as a follow up to discussions that took place about a year ago. Tonight's presentation that includes a PowerPoint presentation takes the Council through the written report and staff is hoping for discussion as the City looks for potential solutions in the next year. M/Chang asked if staff was looking for a conclusion. CM/DeStefano stated that although staff would like to have a solution, because it is a complicated matter staff is not expecting one tonight. This issue does not affect the current year budget; however, depending on Council's interest and decision it would affect budgets two or three years from now. CSD/Rose reiterated that by presenting this report staff is seeking direction on how to proceed. Following discussions with the City Council subcommittee it has been recommended that LLAD #38 be kept at its current level. In the case of LLAD #39 and #41 however, it is recommended that the City conduct elections to raise their assessments. If the initiative fails, the recommendation would then be to disband Districts 39 and 41 and turn the property back to each private property owner to maintain their own property. District #38 is the citywide district that includes some of the medians and parkways. The issue with #38 is that since District #38 was established prior to Proposition 218 which establishes stricter guidelines for benefit assessment districts, staff does not believe the district could be changed because it doesn't provide special benefit to a group of identifiable residents, only general benefits to all DB residents. The City receives $267,000 per year in revenue to help with the medians and is grandfathered in as it currently exists which makes sense for that district to be subsidized by the General Fund since it is considered by law to be a general benefit for the entire community. LLAD #39 has a total of 129 maintained parcels covering about 60.65 acres in the Summitridge area. This includes five mini -parks, landscaped slopes, and open space areas. The City owns the five mini -parks and the open space adjacent to the Diamond Bar Center that includes about 24.58 acres of the 60.65 maintained in the district. Staff recommends that an APRIL 17, 2012 PAGE 5 CC STUDY SESSION election be held and that if the election fails consider the standing of this district. The City will still have ongoing maintenance costs for the parcels maintained by the City and would have to determine what the amount would be via a bid process with a landscape maintenance contractor for just the parcels that need to be maintained by the City. The current assessment per parcel is $130 with the current operation's budget about $271,270. The assessment needed to pay for current operations cost is that budget is $216.84 per current parcel of which there are 1,251. LLAD #41 is located on the west end of town in the area of Ronald Reagan Park, Pathfinder Road, and Peaceful Hills Road, consisting of 15.6 maintained acres with landscaped slopes and open space area. Only a small right-of-way along Brea Canyon Cutoff is the portion the district pays for which includes obligations that would normally be bourne by the City. A number of years ago Brea Canyon Cutoff was landscaped with split -rail fencing installed. That area is maintained through district funds and if this district was disbanded the City would still have to maintain at least a portion of the area such as the landscaping under the fence, the fence, the landscaping behind the fence and then determine whether it wanted to maintain the sloped areas. The current assessment for this district is $220.50 and the assessment needed to pay current operations costs is $351.30 per parcel of which there are 554. CSD/Rose further stated that as outlined in staff's report, the districts have been subsidized from the General Fund for a number of years and as of the end of 11/12 that subsidy is projected to be $960,883. This number will continue to go up unless something is done to reduce the City's obligation to subsidize the districts. C/Tye asked why the big hits in 09/10. CSD/Rose responded that staff believes it might be when the City installed the centralized irrigation system which was included in the 09/10 fiscal year. Staff would need to double check the figures to make sure. All figures have been included and whether the subsidy figure is $960,000 or $800,000 it is a big number. CSD/Rose stated that staff is asking for the City Council to provide direction to staff as to how to proceed. Staff would be pleased to receive direction to move forward to pursue an election or at least look into what it would take to conduct an election. The subcommittee believes that there should be elections in Districts #39 and #41 and that if the election fails, Council should consider disbanding the districts and have the private property owners maintain their own property. C/Tye asked if staff knew the cost of for an election. APRIL 17, 2012 PAGE 6 CC STUDY SESSION PWD/Liu said that staff did not know the exact cost because it would involve educating the public. C/Herrera said that one of the recommendations is that should the election fail, the City turn the districts back to the homeowner's to maintain their properties. What would happen if the residents refused to maintain their properties? CSD/Rose responded that according to the City's Municipal Code, property owners cannot refuse to maintain landscaping on their private property. C/Herrera asked if there are homeowner associations CSD/Rose responded that in District #41 there are associations and private property owners. District #39 primarily consists of private property owners and the landscaping is on those private properties that the City maintains. M/Chang asked how homeowners would get together to determine what the individual assessment would be and what the process is of disbanding. CA/Jenkins said it would involve a Council action but he does not know what the process would be. If what M/Chang is getting at is that there would be additional costs to the City associated with enforcement M/Chang is correct, because those who do not maintain their properties will eventually come under the City's nuisance abatement procedures. C/Tye said the City would be asking thousands of property owners to pay 50 percent more than they are paying now to take care of 47 private parcels. That's a tough sell. He benefits from District #38 every time he drives through the City but the City is essentially maintaining property owners' backyards. Discussion ensued. M/Chang thought it would not only be a tough sell but with the increased enforcement issues and associated costs it would ultimately cost the same as if the City continued with the current districts. Elections and surveys have been difficult for these types of issues and usually fail. C/Tye asked how the City would make a case for not doing something it had been doing for years. APRIL 17, 2012 PAGE 7 CC STUDY SESSION CA/Jenkins responded that the City has been doing the maintenance as part of an assessment district. Prior to Prop 218 the rule was that cities could establish the assessment at whatever rate was necessary to meet the City's costs. Similar to Prop 13 property taxes could be raised to whatever level was necessary to meet the annual budget. This is the way cities manage their budgets. After Prop 218 the City was no longer able to adjust it upward without an election. So the property owner has no legal expectation that the City would continue maintaining their property at a subsidized amount or at all. The only reason the City is maintaining the property is because the property owners are part of that district. If the City disbands a district there is no longer an expectation. C/Tye asked about entry signs CM/DeStefano responded that those are actually part of the assessment district; however, it the district is disbanded then it would be the responsibility of the property owner. CA/Jenkins responded to C/Herrera that a ballot measure would require a majority vote — 50 percent plus one of those ballots returned. M/Chang agreed that it might not be feasible to move forward but she would like to see an analysis of the current costs against what the City might incur if the districts were disbanded. C/Herrera felt the City had a past history of what it has spent on enforcement and she would like to know when an election might take place. CM/DeStefano said that part of the response to when an election might take place would depend on how much time, energy and money the City would put toward the educational process. The mechanical process is a minimum of about seven months. When this matter was discussed a year or so ago the City was looking at a year and the consultants told staff the City should figure 18 months to successfully educate, etc. in order to arrive at a favorable conclusion. So it is a question of how much education the City wants to put toward this effort and how long it would take. If the City Council gave staff the go ahead today with minimal education an election could arbitrarily be held the end of 2012 or beginning of 2013. C/Herrera asked if this was an election LA County or DB would conduct? CM/DeStefano responded that the City would conduct the election. APRIL 17, 2012 PAGE 8 CC STUDY SESSION C/Herrera said she does not like failure and if the City intends to move forward she would want all effort made to ensure a successful outcome. MPT/Tanaka said the Subcommittee felt that when the cost went upside down and it was eating into the General Fund to maintain private property and/or property that should be maintained by homeowners and there was no citywide benefit, it should go back to the property owner. The City Council directed staff to bring back more information with respect to the aforementioned discussion points. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:19 p.m. to the Regular City Council Meeting. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 12012. Ling -Ling Chang, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 17, 2012 [ '�' .,b L STUDY SESSION: 5:30 p.m., SCAQMD Room CC -8 Study Session Adjourned at 6:19 p.m. CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council meeting to order at 6:34 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that tonight's Study Session was comprised of two items: 1) Review of proposed Goals and Objectives for Fiscal Year 2012-13. Council looked at the draft Goals and Objectives for Fiscal Year 2012-13 listed under the following five categories: Traffic Mitigation, Fiscal Responsibility/Economic Development, Communications and Other items. Following discussion and with Council direction, staff will bring the matter back to the Council for approval at an upcoming City Council meeting. The second matter discussed was Lighting and Landscape Assessment Districts 38, 39 and 41. Periodically Council has taken a look at the resources that each district has as well as the ongoing cost of maintenance and operation for each. Council had a variety of questions and follow up items for staff which will also be provided during an upcoming Council Meeting. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Tanaka led the Pledge of Allegiance. INVOCATION: Associate Pastor Sung Kim, Gateway Friends Church gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Rick Yee, Senior Civil Engineer; Isaac Aziz, Network Systems Administrator; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; Andee Tarazon, Community Services Coordinator; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As submitted. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Leticia Pacias introduced the new Los Angeles County Assistant Fire Chief David Stone who will be serving the cities of Diamond Bar, Pomona, Walnut and City of Industry. Asst. Fire Chief Stone thanked the Council and said that he was happy to be here and looking forward to working with Council and staff. APRIL 17, 2012 PAGE 2 CITY COUNCIL 1.2 C/Tye proclaimed April 22 through April 28, 2012 National Crime Victims' Rights Week and presented the proclamation to Joyce Warhop. 1.3 C/Herrera proclaimed April 27, 2012 as Safety Seat Checkup Week. Proclamation to be mailed. 1.4 MPT/Tanaka proclaimed April 27, 2012 as Arbor Day and presented the proclamation to Community Services Coordinator Andee Tarazon. 1.5 M/Chang proclaimed April 16, 2012 "Foursquare Day." Proclamation to be mailed. BUSINESS OF THE MONTH: 1.6 C/Everett presented a City Tile to Ken and Theresa McGregor of Sky Blue Pools, 23545 Palomino Drive, Suite B1, as Business of the Month for April 2012. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that the 23rd City Birthday Party was rescheduled to May 12, 2012 due to the heavy rains and potential field damage. He went on to thank CSD/Rose and Community Services staff for their concern, assistance and guidance to him in making a very difficult decision to postpone the event. He also thanked the Chamber of Commerce and all of the other vendors for their patience, understanding and overall assistance in moving the event to May 12. 3. PUBLIC COMMENTS: Krystal Spindler announced upcoming Relay for Life events including tomorrow's fundraiser at D'Antonio's Ristorante, 808 N. Diamond Bar Boulevard from 11:00 a.m. to 2:30 p.m. and 5:00 p.m. to 9:00 p.m.; Saturday, April 21, Relay for Life will host a free breakfast for all DB cancer survivors at Deanne Home Swim Club from 9:00 to 11:00 a.m; and, Relay for Life May 19 through 20 from 9:00 a.m, to 9:00 a.m. at Lorbeer Middle School. More information can be found at www.relayforlife.org/diamondbarca Ms. Spindler also reminded everyone that The Windmill is accepting ads, articles and press releases until next Monday, April 23 and that the Windmill and the Diamond Bar Community Foundation donate all profits made from the magazine back into the community so please support the advertisers and thanked the City and Council for its support. Jesse Lanz, Community Library Manager, DB Library, stated that on Saturday, April 21 at 2:00 p.m. the library will host a "magic show" with magician Tony Daniel; and on Saturday, April 28 at 2:00 p.m. the library will host a demonstration of Mexican cooking in time to prepare for Cinco de Mayo. The library has been piloting an anti -bullying and anti -cyber bullying program for teens and tweens. Beginning Monday, April 23 the library will host a series of life APRIL 17, 2012 PAGE 3 CITY COUNCIL skills drumming workshops for teens and tweens presented by the Drumming For Your Life Institute. On Thursday, April 26 at 3:00 p.m. Dr. Elizabeth Brewer will give a talk entitled "Be a Part of the Solution Upstand" and another anti -bullying puppet show for kids and parents with master puppeteer Rich Woloski on Friday, May 4 at 3:00 p.m. The Diamond Bar Friends of the Library 19th Annual Wine Soiree and Benefit Auction will be held on Sunday, April 29 from 4:00 to 7:00 p.m. at the Diamond Bar Center. All funds support events and materials and the library. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang commented that Krystal has been doing a great job as co-editor of The Windmill. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — April 24, 2012 — 7:00 p.m., Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — April 26, 2012 — 7:00 p.m. — Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive. 5.3 Arbor Day Celebration— April 27, 2012 — 9:30 a.m., Pantera Elementary School, 801 Pantera Drive. 5.4 Diamond Bar Friends of the Library 19th Annual Wine Soiree and Benefit Auction — Sunday, April 29, 2012 — 4:00 p.m. to 7:00 p.m., Diamond Bar Center Ballroom, 1600 Grand Avenue. 5.5 City Council Meeting — May 1, 2012 — 6:30 p.m., South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive. 5.6 23`d Annual City Birthday Party — Saturday, May 12, 2012 — 11:00 a.m. to 5:00 p.m. (Carnival rides open until 6:00 p.m.) — Pantera Park, 738 Pantera Drive 6. CONSENT CALENDAR: C/Tye moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of April 3, 2012 —Approved as submitted. 6.1.2 Regular Meeting of April 3, 2012 - Approved as submitted. APRIL 17. 2012 PAGE 4 CITY COUNCIL 6.2 RATIFIED CHECK REGISTER Dated March 29, 2012 through April 11, 2012 totaling $1,656,709.62. 6.3 RECEIVE, ACCEPT AND FILE PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND, MEASURE R LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 ANNUAL FINANCIAL REPORT FOR FISCAL YEARS ENDED JUNE 30, 2011 AND 2010. 6.4 APPROVED NOTICE OF COMPLETION FOR THE 2011-12 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF CHAPARRAL MIDDLE SCHOOL AND MAPLE HILL ELEMENTARY SCHOOL. 6.5 APPROVED SECOND READING AND ADOPTED ORDINANCE NO. 04 (2012): AMENDING THE FOLLOWING SECTIONS OF TITLE 22 OF THE MUNICIPAL CODE: 22.10.030 TABLES 2-5 AND 2-6; 22.16.060(1); 22.22.120(A)(1); 22.38.030; 22.36.130; TABLE 3-14; 22.34.030; 22.42.060(2)0); 22.42.100(1); 22.42.100(c); 22.42.130; 22.68.030; 22.80.020. 6.6 APPROVED SECOND READING AND ADOPTED ORDINANCE NO. 06 (2012): APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 2005-01 BETWEEN THE CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LLC FOR THE SOUTH POINTE WEST SPECIFIC PLAN. 6.7 APPROVED NOTICE OF COMPLETION: a) ACCEPTED WORK PERFORMED BY RANCHO PACIFIC ENGINEERING, INC. FOR CONSTRUCTION OF WASHINGTON PARK; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. b) ACCEPTED WORK PERFORMED BY CA CONSTRUCTION, INC. FOR CONSTRUCTION OF SILVER TIP PARK; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.8 APPROVED FOR FIRST READING BY TITLE ONLY, WAIVING FULL READING OF ORDINANCE NO. 08 (2012): AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 1.04.010(e) REGARDING AWARD OF ATTORNEY'S FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. APRIL 17, 2012 PAGE 5 CITY COUNCIL 7. PUBLIC HEARING: NONE 8. COUNCIL CONSIDERATION: NONE 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: M/Chang asked about the inclusion of "meeting attendance reports" under Council subcommittee reports/Council Member Comments. CA/Jenkins stated that the inclusion was a reminder to City Council that if there are meetings that Council Members have attended at City expense under the AB1234 policy, this would be the appropriate time to report on those meetings. This would include conferences such as League of Cities or Contract Cities and any other meeting that a Council Member may have attended. The current Council has a reputation for giving very complete and thorough reports during this agenda item so he doubted that it would amount to anything new but is included to serve as a reminder that it is part of the City's policy and shows that the policy is implemented by having Council Members report accordingly during this agenda item. C/Everett said he spent $5 to attend an event sponsored by the Pomona Valley Habitat for Humanity during which Rosette and Dick Clippinger were honored. He thankedCSD/Rose and the Community Services staff for assisting in the decision to delay the City's Birthday Party. He stated that in March 70 sites in the City were hit with 2200 square feet of graffiti which had been mitigated for less than $5,000. He welcomed Chief Stone and acknowledged other proclamation recipients. C/Tye congratulated and welcomed Assistant Fire Chief Dave Stone and thanked him for his public service over the years. C/Tye then said the he hoped that all who could would attend the Friends of the Library Wine Soiree on April 29 from 4:00 to 7:00 p.m. at the Diamond Bar Center and that tickets are available at Basically Books or at the Library. He reminded all who were unavailable to attend or view the last City Council meeting that the Friends of the Library presented a check to the LA County Library for $80,000 for improvements to the new library, specifically, for the Reading Garden and that every cent raised by the Friends of the Library goes back to the library. C/Herrera reported that on April 4 and 5 she attended a two-day SCAG workshop during which the Regional Transportation Plan was adopted; and, on April 6 she attended the Metrolink City of Industry solar panel grand opening. Solar panels have been placed on top of the carports built over the parking lot which captures a significant amount of solar energy and converts it to electricity, enough to service about 1000 homes. She would like to see DB do that in their parking lots as well. On April 10 and 11 she was in Sacramento with members of Foothill Transit visiting Senators Ed Hernandez, Bob Huff, Assembly Members Mike Eng, APRIL 17, 2012 PAGE 6 CITY COUNCIL Curt Hagman and Roger Hernandez to discuss legislation that benefits DB well and the San Gabriel Valley. On April 12 she attended Congresswoman Grace Napolitano's reception. Grace is an important member of the Congressional Transportation Committee and since DB is soliciting funds for the SR57/60 interchange "Big Fix" it serves DB well to maintain good relationships with individuals like Congressman Napolitano. Yesterday she attended a meeting with Caltrans, Foothill and DB to discuss the possible construction of a Park `n Ride parking structure to increase the parking capacity in the north end of DB. Caltrans will be getting back to DB with additional information. MPT/Tanaka welcomed Chief Stone and hoped everyone had a Happy Easter. The City and the DB Breakfast Lions Club held its 29th Annual Easter Egg Hunt at Pantera Park furnishing more than 11,000 plastic filled eggs for the kids. There was chocolate candy for the hunters and prize baskets for every age group as well as a photo with the Easter Bunny and Pancake Breakfast hosted by the Los Angeles County Fire Department Explorers Post 19 and drawings for stuffed Easter baskets. He thanked CSD/Rose and staff members as well as, Miss Diamond Bar and her court for an excellent job with the organizing of the hunt. He thanked the volunteers from the Lions Club and Leo Clubs from Chaparral Middle School and DBHS. Last Monday he attended the Pomona Valley Habitat for Humanity volunteer recognition luncheon and congratulated Rosette and Richard Clippinger on their awards. On Wednesday he attended the grand opening and ribbon cutting for the Army Career Center at the Puente Hills Mall and thanked Sgt. Ellis Choy for the invitation. M/Chang reminded everyone that they can follow her and the City on Facebook, Twitter and Foursquare. She welcomed Assistant Fire Chief Stone and said the City looked forward to working with him. She attended the SCAG Conference and found the infrastructure session as a key to the region's global competiveness to be one of the most interesting sessions since DB has focused on transportation issues, especially along the SR57/60 freeways and interchange. She also attended the League meeting at USC. She attended the Easter EggHunt and suggested it be renamed the "Easter Egg Dash"! Yesterday she attended Red Dragon Karate's anti -bullying program at the Diamond Bar Library and found it to be very interesting. The City of DB participated in the Strong Cities/Strong States Campaign and is featured on the Facebook page which includes highlights of the new Civic Center, Youth Master Plan, Neighborhood Traffic Management program and the Latent Print Recovery program. She thanked the City's Public Information Department for making this information available. M/Chang congratulated Pomona Unified School District's Neil Armstrong Elementary School's teacher, Jane Whatley, who won first place in the Engineering Research category, Junior Division, at the LA County Science Fair. APRIL 17, 2012 PAGE CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:20 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this _ day of , 2012. LING -LING CHANG, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 13, 2012 CALL TO ORDER: Chairman Shah called the meeting to order at 7:00 p.m. in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Lin led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS: ADMINISTERED BY TOMMYE CRIBBINS, CITY CLERK. 2. ROLL CALL: Present: Commissioners Frank Farago, Jimmy Lin, Steve Nelson, Jack Shah and Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger; Senior Planner; Natalie Tobon, Planning Technician, and Stella Marquez, Administrative Coordinator. 3. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice Chairman. Commissioner Torng nominated Commissioner Nelson to serve as Chairman. C/Shah nominated C/Lin to serve as Chairman. C/Nelson nominated C/Shah to serve as Chairman. C/Farago seconded the nomination of C/Shah. C/Shah declined nomination to serve as Chairman. C/Lin was selected to serve as Chairman of the Planning Commission by the following voice vote: C/Farago C/Lin C/Lin C/Lin C/Nelson Abstained stating he felt C/Lin would better serve as Vice Chair C/Shah C/Lin C/Torng C/Lin C/Shah nominated C/Nelson to serve as Vice Chairman. C/Torng seconded the nomination. C/Nelson was selected to serve as Vice Chairman of the Planning Commission by the following vote: MARCH 13, 2012 PAGE 2' PLANNING COMMISSION i' I i C/Farago C/Nelson C/Lin C/Nelson C/Nelson C/Nelson C/Shah C/Nelson C/Torng C/Nelson 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 5. APPROVAL OF AGENDA: C/Shah requested that Item 7.1 be moved to immediately following Agenda Item 10.2: C/Neisonsaid he would recuse himself from Agenda Item 10.2. 6. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 28, 2012 C/Torng moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of February 28, 2012, as amended by Chair/Lin. Motion - carried by the following Roll Call vote: AYES:- Commissioners: Farago, Torng, VC/Nelson Chair/Lin NOES: Commissioners: None ABSTAIN: Commissioners: Shah ABSENT: Commissioners: None 8. NEW BUSINESS: None 9. CONTINUED PUBLIC HEARINGS: 9.1 Development Code Amendment No. PL2011-454 Under the authority ; of Diamond Bar Municipal Code Section 22.70) this was a request to amend the following ,sections of Title 22 of the Diamond Bar Municipal Code: 22.43; 22.10.040; 22.10.030 Table 2-5 and Table 2-6; 22A2.100; 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.130(g)(3)(d), 22.56.020, 22.47.020; 22.68.030(b); 22.66.050(c) and (d), 22.80.020; 22.22.080(b)(6); 22.16.060; 22.22.120; 22,20.040; 22.22.080(b)(7); 22.42.110(c), 22.42.060(2)0); 22,22.100(a) PROJECT ADDRESS: Citywide MARCH 13, 2012 PAGE 3 PLANNING COMMISSION APPLICANT: City of Diamond Bar CDD/Gubman presented staffs report explaining that the Development Code has been updated and refined as needed to reflect any new adopted ordinances or to reflect any requirements of state law. From time to time issues come up as a result of the routine use of the Development Code -where language may be unclear or where there may be internal conflicts within various sections of the Code. As those items are encountered, staff compiles the corrections for periodic code cleanup. At this point staff has compiled a number of minor changes that are being brought to the Commission this evening to make the document more user-friendly and in certain cases, reduce the bureaucratic hurdles that no 'longer provide a benefit to the community. He cited examples and discussed each of 14 minor changes of the total 16 changes (2 of which were typographical errors) that are considered under the general classification within the California Environmental Act as being exempt, and responded to Commissioner's questions and concerns. The Commission requested that Code 22.22.100(a) be tabled for a future meeting, and directed staff to provide more information. Chair/Lin reopened the public hearing. With no one present who wishedto speak on this item, Chair/Lin closed the public hearing: C/Shah -moved, C/Torng seconded, to approve Development Code Amendment No. PL2011-454, based on. the Findings of Fact and subject to the conditions of approval as listed within the resolution, with the exception of Code 22.22.100(a). Motion carried by the following Roll Call vote: AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES Commissioners: None ABSENT: Commissioners: None ABSTAINED: Commissioners: None MARCH 13, 2012 PAGE 4 PLANNING COMMISSION I 10. PUBLIC HEARINGS: 10A Development Review No. PL2010-191 - Under the authority of Diamond Bar Municipal Code Section 22.48, applicant Fares Ennabe, requested approval to demolish an existing single family residence and construct a new 12,890square foot single family residence on a 2.36 gross acre (103,672.8 square feet) lot The lot is zoned Rural Residential (RR) with a consistent underlying`' General Plan land use designation of Rural Residential. PROJECT ADDRESS: 1524 Derringer Lane Diamond Bar, CA 91765 APPLICANT: Fares Ennabe 1524 Derringer Lane Diamond bar, CA 91765' SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review PL2010 191, based on the Findings of fact, and subject to the conditions of approval as listed within the resolution. Christine Lee stated that this lot is 1 '/2 acres and the house is 21 percent of the total lot coverage so there is still a lot of landscape area allowed, most of which will be retained as natural landscape along the street edge Some of the improvements will be on the existing pad for the enjoyment of the client in the area of the pool and cabana located toward the rear of the lot so there would be no adverse public impact. She asked that the Planning Commission approve the project. C/Shah asked if the demolished materials would be hauled away from the site or reused for filling the area. Ms. Lee said she believed the impact to the ground would be minimal except for the excavation of the pool and the soil excavated from the pool will be used for the landscape area. C/Shah said he was concerned about the demolished material and in particular, the concrete as to whether it would be reused or removed from the site. Mr. Ennabe said he felt the project would be a very good improvement for "The Country Estates" ' which was approved by the architectural committee. i e MARCH 13, 2012 PAGE 5 PLANNING COMMISSION Chair/Lin opened the public hearing With no one present who wished to speak on the matter, Chair/Lin closed the public hearing. C/Farago asked if the City had a construction and demolition waste requirement for recycling and CDD/Gubman responded yes, and the demolition permit will be processed with the City's Solid Waste Coordinator. In addition to the SCAQMD permits, the City is required to divert as much demolition material from the landfills as possible. C/Farago moved, C/Torng seconded, to approve Development Review No. PL2010-191, based on the Findings` of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: Commissioners: None ABSENT: Commissioners. None ABSTAINED: Commissioners: None VC/Nelson stated that the reason for recusal on the next item is that he works for a company that has a contract with Lewis Companies. VC/Nelson recused himself from participation in Item 10.2 and left the meeting room. 10.2 Development Agreement Amendment No. PL2011-57- Under the authority of Diamond Bar Municipal Code Section 22.62, the applicant and property owner, JCCL South Pointe West, LLC requested approval to extend the expiration date of the existing development agreement between the City of Diamond Bar and JCCL-South Pointe West, LLC. South Pointe West is a 99 unit single family residential condominium project comprised of approximately 34.52 acres generally located south of Larkstone Drive east of Morning Sun' Avenue,' and West of Brea Canyon Road. The original development agreement was approved by the City Council on March 20,'2007, and went into effect on April 19, 2007, and is set to expire on April 19, 2012 The proposed amendment extends the Development Agreement by another five (5) years to April 19, 2017 MARCH 13, 2012 PAGE 6 PLANNING COMMISSION PROJECT ADDRESS:- The project site is located south of Larkstone Drive, east of Morning Sun Avenue, West of Brea Canyon Road and northwest of Peaceful Hills Road Diamond Bar, CA 91765 PROPERTY OWNER/ JCCL-South Pointe West, LLC APPLICANT: 1156 N. Mountain Avenue Upland, CA 91785 CDD/Gubman gave a brief presentation on the history of the Tract Map and Development Agreement which remain unchanged. SP/Laufenburger presented staff's report, responded to Commissioner's questions and recommended Planning. Commission approval for the time extension of Development Agreement Amendment No. PL2011-57, and in addition, the removal of Section 4.4.1.2 from the Agreement which requires the developer place $500,000 into an escrow account after the 49th dwelling is occupied which is unlikely to result in any benefit to the City, and based on the Findings of Fact, and subject to the conditions of approval as listed ' within the resolution,. Omar Dandashi, Vice President,Lewis Operating Corporation, speaking on behalf of JCCL-South Pointe West, LLC, said he was present to - answer Commissioner's questions and concerns C/Torng asked when Mr. Dandashi felt this project could be completed. Mr. Dandashi said it was somewhat unpredictable. ` The market is stabilizing in 2012 and is tough to predict but feels that within the timeframe requested, there will be definite development Chair/Lin opened the public hearing Kingdon Chew, 20447 Tam Oshanter Drive, Rowland Heights, representing Walnut and Rowland Heights residents and the Royal Vista Golf Course community, opposes the project but understands the project is in Diamond Bar's' jurisdiction. In the likelihood that this extension is approved, the community members ask that this agreement made in 2007 be fully honored between Rowland Heights, Walnut, Diamond Bar and the developer, and in particular, the agreement involving the emergency I '' I MARCH 13, 2012 PAGE 7 PLANNING COMMISSION egress onto Morning Star because the immediate area has no sidewalks with some exception and the area sees much more foot traffic including joggers, seniors, caregivers, retirees, children and boomerang kids and their respective families as well as, those walking their dogs. In addition, the community would like to have another EIR and geological survey analysis done to reflect current circumstances and to include the impact variable of the future eastbound SR60 ingress/egress on Lemon Avenue Beth-Hojnacke, President, Rowland Heights .Community Coordinating Council, asked if the Commission_ could notify the City of Rowland Heights when anticipating discussion on projects that abut Rowland Heights Chair/Lin closed the public hearing C/Shah asked staff to comment on the speakers concerns regarding a secondary access for the South Pointe West project that connects to Morning Sun Avenue. Although this hearing process occurred before he came on board, CDD/Gubman said that when this project was first brought to the City there were concerns about this becoming a full access point into the project and the potential impacts to the existing neighborhood of, having the traffic coming through that: point To ensure that emergency accessis still provided into the project the agreement was that that access would be gated and it would be accessible for emergency ingress/egress only. As a result, the residents of this community would be required to enter and exit the project at Larkstone Drive and not through the existing neighborhood of Rowland Heights which is an adopted plan condition. Chair/Lin said that ordinarily there' is a time limit on the EIR. ACA/Wohlenberg responded that there is no strict time limit on the EIR. It depends on whether the analysis in the EIR applies to the project as proposed.- Sometimes people talk about the `five year rule' which is actually the five-year rule of thumb. Staff is not recommending a review of the environmental document. This is the development agreement. The project is the same and staff expects that the impacts have not significantly changed and this time -extension' should not make a material impact in the environmental review. CDD/Gubman stated that staff looked at the EIR that was certified for this project and looked to see if there was any change in circumstances or information that would lead to a re- evaluation of the EIR in further detail. Staff found there were no changes in circumstances or new information that would lead to such a conclusion. MARCH 13, 2012 PAGE. 8 PLANNING COMMISSION There is new CEQA legislation that applies to greenhouse gas emissions and when an EIR is done it must consider global warmingimpacts. This project, because it is only 99 units and they are essentially detached townhomes, the number of units will not reach the threshold for conducting a greenhouse gas emissions analysis. Therefore, staff concluded that the EIR remains adequate to allow this project to go forward. C/Shah asked if the City was required to place a memo to the file to that effect and CDD/Gubman responded that staff memorialized this in the resolution and the ordinance that will adopt the extension_ of the Development Agreement. C/Shah moved, C/Torng seconded, to approve Development Agreement - Amendment No. PL2011-57, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote AYES: Commissioners: Farago, Shah, Torng, Chair/Lin NOES: Commissioners: None ABSENT Commissioners. VC/Nelson ABSTAINED Commissioners None VC/Nelson returned to the dais'. C/Shah welcomed C/Farago and congratulated Chair/Lin and VC/Nelson on their appointments. C/Shah recused himself' from Agenda Item 7.1 and left the meeting stating his recusal was because he knows the applicant quite well and is his friend. 7. OLD BUSINESS: 7.1 Revision to Development Review No. 2006-38 and Minor Variance No, 2007-06 (Planning Case No. PL2011-387) -' Resolution denying the requested revisions as directed by the Planning Commission at its February 28, 2012, regular meeting. MARCH 13, 2012 PAGE 9 PLANNING COMMISSION PROJECT ADDRESS: 22909 Ridge Line Road Diamond Bar, CA 91765 PROPERTY OWNER: Paul Ghotra 1241 S. Grand Avenue Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda 180 N. Benson Avenue, Suite D Upland, CA 91786 and Sam Bhogal 23415 Pleasant Meadow Diamond Bar, CA 91765 CDD/Gubman reported that the public hearing on this item was closed on February 28 with direction to staff to prepare a Resolution for Denial for consideration this evening. Of the six mandated findings to render a decision on the development review proposal, the consensus was that all but the second and fifth findings would hold with the proposed changes. However, the second and fifth finding would no longer be affirmative, but be negative findings, and because all six findings must be made in the affirmative to approve a Development Review request, the project must be denied. Based on the deliberations and direction of the Commission, staff prepared the Resolution which is attached to tonight's agenda item and> crafted the second and fifth finding to reflect what staff believes were the Commission's conclusions about how these findings cannot be made. As a result, he focused his discussion on Finding B and E and recited the new findings and support of those findings ACA/Wohlenberg reiterated the reasons there would be no further opportunity for public testimony on, this item. ACA/Wohlenberg further' stated that although Commissioner Farago was not yet officially a member of the Planning Commission he was present for the entirety of the hearing on this matter and has read the materials that are on the record:: The City Attorney has stated that based upon this information Commissioner Farago can and may participate and vote on this matter. C/Farago, affirmed that he was in attendance at the February 28, 2012, Planning Commission hearing on this matter and read all materials associated with MARCH 13, 2012 PAGE 10 PLANNING COMMISSION 'the1 ro ect. In addition, he visited the site on March 11 2012. p ACA/Aohlenberg advised the Commission on its voting procedure and confirmed to Chair/Lin that any decision of the Planning Commission can be appealed to the City Council. VC/Nelson moved C/Torng seconded to deny Planning Case No. PL2011-387 and adopted the Resolution of Denial Motion carried by the following Roll Call vote: AYES. Commissionersi Farago, Torng, VC/Nelson, Chair/Lin NOES: Commissioners. None ABSENT. Commissioners Shah ABSTAINED. Commissioners None 11. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Farago thanked his colleagues and staff for their warm welcome upon the occasion of his joining this Commission. C/Torng welcomed C/Farago and congratulated Chair/Lin and VC/Nelson on their appointments. He said he looked forward to a good year for the Planning Commission and thanked staff for their efforts this evening. Chair/Lin welcomedC/Farago. 12. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated there will not be a Planning Commission meeting on March 27. The next meeting will be April 10, 2012. 12.1 Public Hearing dates for future projects. 13.SCHEDULE OF FUTURE EVENTS: ' As listed in tonight's agenda Agenda # 6 .3 Meeting Date. May 1, 2012 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Ratification of Check Register dated April 12, 2012 through April 25, 2012 totaling $ 969,475.76. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 969,475.76 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 April 12, 2012 through April 25, 2012 for $ 969,475.76 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: C Finance Director Attachments: Affidavit and Check Register— 04/12/12 through 04/25/12. 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 April 12, 2012 through April 25, 2012 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Com Org Support Fund Prop A - Transit Fund Prop C - Transit Tax Fund Integrated Waste Mgt Fund Com Dev Block Grand Fund COPS Fund - Public Safety LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: 11 Ami c. Dianna Honeywell Finance Director Amount $724,144.65 $120.00 $26,046.29 $6,666.71 $10,811.30 $4,230.67 $1,252.27 $8,452.33 $2,394.90 $655.21 $184,701.43 $969,475.76 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 4/12/2012 12 -PP 08 PAYROLLTRANSFER P/R TRANSFER-12/PP 08 001 10200 148,238.70 $167,580.52 4/12/2012 98827 PAYROLLTRANSFER P/R TRANSFER-12/PP 08 112 10200 5,317.62 $6,752.40 4/12/2012 PAYROLLTRANSFER P/R TRANSFER-12/PP 08 113 10200 6,666.71 4/12/2012 98828 PAYROLLTRANSFER P/R TRANSFER-12/PP 08 115 10200 6,581.82 $287.10 4/12/2012 PAYROLL TRANSFER P/R TRANSFER-12/PP 08 125 10200 775.67 4/12/2012 98825 ACE CONSTRUCTION RETENTIONS PAYABLE 250 20300 -4,326.15 $38,935.36 4/12/2012 1 JACE CONSTRUCTION CONSTRUCTION-SYC CYN TRL 2505310 46415 43,261.51 4/12/2012 98826 NADWE AGUINAGA FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 4/12/2012 RICK BETACOURT PROFSVCS-P/INFO 0014095 44000 604.00 4/12/2012 1 98827 ALL CITY MANAGEMENT SERVICES CROSSING GUARD-FEB/MAR 1 0014411 1 45410 1 6,752.40 $6,752.40 4/12/2012 1 98828 APEX UNIVERSAL INC SUPPLIES -ROAD MAINT 0015554 1 41250 1 287.10 $287.10 4/12/2012 - 98829 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES -YOUNG 0015551 I 42315 1 186.25 $186.25 4/12/2012 1 98830 BENESYST FLEX ADMIN SVCS 0014060 1 42346 1 100.00 $100.00 4/12/2012 98831 RICK BETACOURT PROF.SVCS-STATE OF CITY 0014095 1 44000 555.00 $1,159.00 4/12/2012 RICK BETACOURT PROFSVCS-P/INFO 0014095 44000 604.00 4/12/2012 1 98832 RANJANABHATT FACILITY REFUND -DBC 001 136615 1 400.00 $400.00 4/12/2012 TAMAL CHAKRABORTY FACILITY REFUND -DBC 001 23002 100.00 4/12/2012 1 98833 JEFF CABREIRA FACILITY REFUND-HERIT, 001 1 23002 1 200.00 $200.00 4/12/2012 98834 CALIFORNIA CONTRACT CITIES ASSOC. MTG-CMGR 0014030 42325 28.50 $28.50 4/12/2012 1 98835 CALIFORNIA REFUSE RECYCLING COUNCIL TRNG-RECYCLING WKSHP 1 0015 1 1 42340 1 57.00 $57.00 4/12/2012 98836 TAMAL CHAKRABORTY FACILITY CHRGS-DBC 001 36615 -302.00 $298.00 4/12/2012 TAMAL CHAKRABORTY FACILITY REFUND -DBC 001 23002 100.00 4/12/2012 TAMAL CHAKRABORTY FACILITY REFUND -DBC 001 23002 500.00 4/12/2012 1 98837 CHRISTIN J MURPHEY REIMB-CPRS CONF 0015350 42330 1 16.00 $16.00 Page 1 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2012 1 98838 ICITY COUNT LLC PROF.SVCS-ENGINEERING 0015510 45221 200.00 $200.00 4/12/2012 98839 EDWARD COCKS RECREATION REFUND 001 34780 I 64.00 $64.00 4/12/2012 1 DAY LITE MAINTENANCE CO INC MAINT-CITY HALL 0014093 42210 447.87 4/12/2012 1 98840 COMMUNITY INDUSTRIES PARKWAY MAI NT -MAR 12 1 0015558 45503 I 1,982.76 $1,982.76 4/12/2012 98841 CREATOR'S TOUCH CONTRACT CLASS -SPRING 0015350 45320 1 69.601 $69.60 4/12/2012 1 98842 ICRYSTAL KNOX REIMB-CPRS CONF 0015350 1 42330 1 57.46 $57.46 4/12/2012 98843 DAY LITE MAINTENANCE CO INC MAINT-CITY HALL 0014093 42210 2-1 $820.15 4/12/2012 1 DAY LITE MAINTENANCE CO INC MAINT-CITY HALL 0014093 42210 447.87 4/12/2012 98845 DAY LITE MAINTENANCE CO INC MAINT-CITY HALL 0014093 42210 96.00 $275.00 4/12/2012 1 98844 1 DELTA CARE USA APR 2012 -DENTAL PREMIUMS 1 001 1 21104 1 180.88 $180.88 4/12/2012 1 DIAMOND BAR MOBIL VEH MAINT-POOL VEH 0014090 42200 33.19 4/12/2012 1 98845 CAROL DENNIS PROF.SVCS-SS/CC MTG 1 0014030 1 44000 1 275.00 $275.00 4/12/2012 1 98846 DH MAINTENANCE JADDL MAINT-DBC 1 0015333 1 45300 1 125.00 $125.00 4/12/2012 98847 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 1 413.65 $446.84 4/12/2012 1 DIAMOND BAR MOBIL VEH MAINT-POOL VEH 0014090 42200 33.19 4/12/2012 1 98848 DMS CONSULTANTS CIVIL ENGINEERS INC ENG SVCS -PATHFINDER 1 0015551 1 45221 1 5,394.00 $5,394.00 4/12/2012 EVERGREEN INTERIORS PLANT SVCS -LIBRARY 0014090 42210 107.00 4/12/2012 1 98849 KELLY EAZOR FACILITY REFUND -DBC 1 001 1 23002 1 700.00 $700.00 4/12/2012 1 98850 EMERALD LANDSCAPE SERVICES INC LANDSCAPE MAINT-C/HALL 1 0014093 1 45300 1 816.00 $816.00 4/12/2012 98851 EVERGREEN INTERIORS PLANT SVCS -CITY HALL 0014090 42210 230.00 $337.00 4/12/2012 EVERGREEN INTERIORS PLANT SVCS -LIBRARY 0014090 42210 107.00 4/12/2012 1 98852 IEXCELLANDSCAPE ADDL MAINT-DIST 38 1 1385538 1 42210 1 2,017.55 $2,017.55 4/12/2012 1 98853 GFOA MEMBERSHIP DUES-DD/DH/SF 0014050 42315 595.00 $595.00 4/12/2012 1 98854 CHERI GILTNER FACILITY REFUND -DBC 001 1 23002 1 350.00 $350.00 Page 2 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date lCheckNumberl Vendor Name Description I Fund/ Dept I Acct# I Amount I Total UhecKAmount 4/12/2012 1 98855 HASLER INC EQ RENTAL -POSTAGE MACHINE 1 0014090 1 42130 1 370.291 $370.29 4/12/2012 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAR 0014020 44020 3,658.20 4/12/2012 98856 IHOFFMAN SOUTHWEST CORP NIAINT-HERITAGE PK 1 0015340 1 42210 1 226.55 $226.55 4/12/2012 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS MAR 0014020 44020 2,112.42 4/12/2012 98857 - HUI MEI HUANG REFUND -EN 12-765 1 001 1 23012 1 500.001 $500.00 4/12/2012 JENKINS & HOGIN, LLP LEGAL SVCS -SITED MAR 0014020 44020 236.60 4/12/2012 1 98858 INLAND EMPIRE STAGES SR EXCURSION -CASINO 1125350 45310 1,286.25 $1,286.25 4/12/2012 98859 JENKINS & HOGIN, LLP LEGAL SVCS -MAR 2012 0014020 44020 3,822.00 $10,211.42 4/12/2012 1 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAR 0014020 44020 3,658.20 4/12/2012 98865 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS MAR 0014020 44020 72.80 $5,315.90 4/12/2012 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS MAR 0014020 44020 2,112.42 4/12/2012 98866 JENKINS & HOGIN, LLP LEGAL SVCS -MINI PARKS 0014020 44020 309.40 $25.00 4/12/2012 JENKINS & HOGIN, LLP LEGAL SVCS -SITED MAR 0014020 44020 236.60 4/12/2012 98860 MICHAEL KHAMSY - FACILITY REFUND-SYC CYN 001 23002 50.00 $100.00 4/12/2012 1 MICHAEL KHAMSY FACILITY REFUND-SYC CYN 001 36625 50.00 4/12/2012 98861 LEAD TECH ENVIRONMENTAL CDBGASBESTOS-438 R/RIVER 1255215 44000 625.00 $1,875.00 4/12/2012 1 LEAD TECH ENVIRONMENTAL CDBG ASBESTOS -283 PLATINA 1255215 44000 675.00 4/12/2012 98865 LEAD TECH ENVIRONMENTAL CDBG ASBESTOS -23705 WFLL 1255215 44000 575.00 $5,315.90 4/12/2012 98862 KAREN LEE RECREATION REFUND 001 34780 20.00 $20.00 4/12/2012 98863 LILY LEUNG FACILITY REFUND-SYC CYN 001 23002 50.00 $75.00 4/12/2012 1 LILY LEUNG FACILITY REFUND-SYC CYN 001 36625 25.00 4/12/2012 1 98864 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 19.58 $19.58 4/12/2012 1 98865 ILIEBERT CASSIDYWHITMORE LEGAL SVCS-H/R 0014020 1 44021 5,315.901 $5,315.90 4/12/2012 1 98866 DAVID LIU FACILITY REFUND-SYC CYN 001 36625 ?5,001 $25.00 4/12/2012 1 98867 LIZARDTECH jC6MP MAINT-I.T. 0014070 1 42205 1 46.161 $46.16 4/12/2012 1 98868 RICARDO LOPEZ FACILITY REFUND -DBC 001 1 36615 1 .00 Page 3 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Vendor Name I I ransaction Uescripuon Fund/ Dept I Acct# I Amount I Total GheeKArnount 4/12/2012 98869 LOS ANGELES COUNTY MTA MTA PASSES -APR 2012 1125553 45535 3,419.65 $4,410.50 4/12/2012 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -APR 2012 1125553 45533 990.85 4/12/2012 98870 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENTS-WVUSD 5K RUN 0014411 1 45402 1 856.44 $1,067.89 4/12/2012 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -JAN 12 0014411 45401 211.45 4/12/2012 1 98871 MICHAEL MCKITRICK REIMB-CPRS CONF 1 0015350 1 42330 1 48.80 $48.80 4/12/2012 98872 MOBILE RELAYASSOCIATES INC REPEATER SVCS -MAR 12 0014440 1 42130 78.75 $157.50 4/12/2012 MOBILE RELAYASSOCIATES INC REPEATER SVCS -APR 12 0014440 42130 78.75 4/12/2012 1 98873 STEPHANIE MONTOYA FACILITY REFUND -DBC 001 1 23002 1 500.00 $500.00 4/12/2012 98874 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 107.91 $4,247.30 4/12/2012 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 29.91 4/1212012 OFFICEMAX INC MEMO CREDIT -COMM SVCS 0015310 41200 -8.97 4/12/2012 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 327.71 4/12/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 238.52 4/12/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 265.35 4/12/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 168.35 4/12/2012 OFFICEMAX INC SUPPLIES-PMIORKS 0015510 41200 18.22 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 45.96 4/12/2012 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 6.79 4/12/2012 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 64.17 4/12/2012 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 23.60 4/12/2012 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 13.02 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 126.91 411212012 OFFICEMAX INC SUPPLIES-EMER PREP 0014440 41300 268.59 4/12/2012 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 243.53 4/12/2012 OFFICEMAX INC SUPPLIES -HIR 0014060 41200 17.57 4/1 212 01 2 OFFICEMAX INC SUPPLIES-H/R 0014060. 41200 13.22 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090, 41200 8.48 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 386.45 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 6.93 Page 4 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 4/12/2012 98874... OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 4.98 $4,247.30... 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 139.29 4/12/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 337.24 4/12/2012 OFFICEMAX INC SUPPLIES-P/VVORKS 0015510 41200 901.25 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 8.45 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 8.27 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 9.38 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 44.65 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 29.91 4/12/2012 OFFICEMAX INC MEMO CREDIT-P/WORKS 0015510 41200 -35.83 4/12/2012 OFFICEMAX INC SUPPLIES-PNVORKS 0015510 41200 52.87 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 207.65 4/12/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 11.97 4/12/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015310 41200 155.00 4/12/2012 98875 ORKIN PEST CONTROL INC PEST CONTROL-PANTERA 0015340 42210 89.23 $218.66 4/12/2012 1 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.06 4/12/2012 ORKIN PESTCONTROLINC PEST CONTROL -DIST 38 1385538 45500 63.37 4/12/2012 98876 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-FEB/MAR 0014090 42125 743.00 $1,325.17 4/12/2012 1 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-MAR/APR 0014090 42125 582.17 4/12/2012 98877 PROTECTION ONE INC ALARM SVCS -DBC 0015333 42210 59.62 $420.86 4/12/2012 1 PROTECTION ONE INC ALARM SVCS -HERITAGE 0015340 42210 104.79 4/12/2012 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 295.06 4/12/2012 PROTECTION ONE INC MEMO CREDIT-SYC CYN 0015340 42210 -38.61 4/12/2012 98878 REGIONAL TAP SERVICE CENTER TAP PASSES -MAR 2012 1125553 1 45535 11,745.53 $14,681.92 4/12/2012 1 REGIONAL TAP SERVICE CENTER CITY SUBSIDY -MAR 2012 1125553 45533 2,936.39 4/12/2012 98879 REINBERGER PRINTWERKS PRINT SVCS -LETTERHEAD 0014090 42110 85.91 $156.60 1 4/12/2012 1 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014090 42110 70.691 4/12/2012 98880 RWP TRANSFER INC FIBER FILL- SYC CYN 001 1 31620 1 2,999.33 $2,999.33 Page 5 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fundl Dept Acct # Amount Total CheckAmount 4/12/2012 98881 LENIASANCHEZ IFACILITY REFUND -DBC 001 23002 350.00 $350.00 4/12/2012 98882 AZZASARIELDIN FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 4/12/2012 SPARKLETTS EQ RENTAL -CITY HALL 0014090 42130 10.75 4/12/2012 1 98883 SCHORR METALS INC SUPPLIES -COMM SVCS 0015340 1 42210 1 91.99 $91.99 4/12/2012 98884 SPARKLETTS WATER SUPPLIES -CITY HALL 001409041200 I 36620 199.34 $252.91 4/12/2012 SPARKLETTS EQ RENTAL -CITY HALL 0014090 42130 10.75 4/12/2012 98886 SPARKLETTS EQ RENTAL-SYC CYN 0015340 42130 12.00 $4,800.00 4/12/2012 SPARKLETTS WATER SUPPLIES-SYC CYN 0015340 41200 28.47 4/12/2012 98887 SPARKLETTS WATER SUPPLIES-SYC CYN 0015340 42130 2.35 $173.00 4/12/2012 98885 DEMORNAY ST CYR RECREATION REFUND 001 I 36620 301.66 $301.66 4/12/2012 TIME WARNER CABLE INTERNET SVCS -CITY HALL 0014070 44030 252.60 4/12/2012 1 98886 GLENN STEINBRINK CONSULTANT SVCS -WK 4/11 1 0014050 1 44000 1 4,800.00 $4,800.00 4/12/2012 1 98887 JENNIFER SUN RECREATION REFUND 1 001 1 34780 1 173.00 $173.00 4/12/2012 1 98888 ISUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTANT SVCS-ENVIRNMNT 1 1155515 1 44000 1 3,217.50 $3,217.50 4/12/2012 1 98889 TENNIS ANYONE INC CONTRACT CLASS -SPRING 0015350 1 45320 1 459.201 $459.20 4/12/2012 98890 TIME WARNER CABLE INTERNET SVCS -CITY HALL 0014070 44030 950.00 $1,330.65 4/12/2012 TIME WARNER CABLE INTERNET SVCS -CITY HALL 0014070 44030 252.60 4/12/2012 98892 TIME WARNER CABLE INTERNET SVCS -CITY HALL 0014070 44030 128.05 $52.00 4/12/2012 1 98891 TRI -CITIES POOL SERVICE & REPAIR FOUNTAIN MAINT-DBC MAR 1 0015333 45300 160.00 $160.00 4/12/2012 VERIZON CALIFORNIA PH.SVCS-CITY HALL 0014093 42125 1 98.38 4/12/2012 1 98892 ANDY TSAI RECREATION REFUND 001 1 34780 1 52.00 $52.00 4/12/2012 1 98893 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYS 1 42345 1 476.00 $476.00 4/12/2012 1 98894 JOCELYN VARNAL FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 4/12/2012 98895 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 516.04 $786.51 4/12/2012 VERIZON CALIFORNIA PH.SVCS-CITY HALL 0014093 42125 1 98.38 Page 6 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/12/2012 98895... VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 36.18 $786.51 ... 4/12/2012 98901 VERIZON CALIFORNIA PH.SVCS-HERITAGE ALARM 0015340 42125 92.05 4 /1 212 01 2 VERIZON CALIFORNIA PH.SVCS-HERITGE PK 0015340 42125 43.86 4/12/2012 98896 WALNUT HILLS FIRE PROTECTION CO FIRE EXTINGUISHER -PARKS 0015340 42210 666.06 $788.35 4/12/2012 1 WALNUT HILLS FIRE PROTECTION CO FIRE EXTINGUISHER -DBC 1 0015333 42210 122.291 4/12/2012 1 98897 SUZANNE WEBSTER RECREATION REFUND 1 001 1 34780 1 20.00 $20.00 4/12/2012 98898 WELLDYNERX SHARPS PROGADMIN FEE 1155515 44000 64.64 $80.80 4/12/2012 1 WELLDYNERX SHARPS PROGADMIN FEE 1155515 44000 16.16 4/12/2012 98899 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 134.96 $251.60 4/12/2012 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 108.00 4/12/2012 98901 WEST END UNIFORMS SUPPLIES-V/PATROL 0014415 41200 8.64 4/12/2012 98900 BRYAN WONG FACILITY REFUND -DBC 1 001 23002 500.00 $500.00 4/1212012 WOODCLIFF CORPORATION RETENTIONS PAYABLE 001 20300 -31,040.46 4/12/2012 98901 CHRISTOPHER WOODBURN RECREATION REFUND 001 34780 52.001$52.00 4/12/2012 98902 WOODCLIFF CORPORATION RETENTIONS PAYABLE 001 20300 -5,808.49 $331,640.50 4/1212012 WOODCLIFF CORPORATION RETENTIONS PAYABLE 001 20300 -31,040.46 4/12/2012 WOODCLIFF CORPORATION CONSTRUCTION-C/HALL 0014093 46310 58,084.89 4/12/2012 WOODCLIFF CORPORATION CONSTRUCTION -LIBRARY 0014093 46310 310,404.56 4/12/2012 1 98903 BENESYST 4/13/12 -PIR DEDUCTIONS 001 21105 1 741.67 $741.67 4/12/2012 98904 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $11,268.62 4/12/2012 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,223.05 4/12/2012 98905 VANTAGEPOINTTRNSFR AGNTS-303248 4/13/12 -LOAN DEDUCTIONS 001 211081,676.47 480.00 $26,294.30 4/12/2012 VANTAGEPOINTTRNSFRAGNTS-303248 4/13/12-P/R DEDUCTIONS 001 21108 24,617.83 4/19/2012 98906 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 11-755 001 23012 480.00 $13,519.50 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-755 - 001 23012 86.40 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-755 001 34650 -86.40 Page 7 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 4/19/2012 98906... ADVANTEC CONSULTING ENGINEERS INC PROFSVCS-EN 11-756 001 23012 480.00 $13,519.50- 13,519.50...4/19/2012 4119/2012 98908 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-756 001 23012 86.40 $20.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-756 001 34650 -86.40 4/1 912 01 2 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 11-754 001 23012 240.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-754 001 23012 43.20 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-754 001 34650 -43.20 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-760 001 23012 540.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-760 001 23012 97.20 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-760 001 34650 -97.20 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-758 001 23012 360.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 23012 64.80 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 34650 -64.80 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-768 001 23012 480.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-768 001 23012 86.40 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-768 001 34650 -86.40 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 11-757 001 23012 120.00 4/1 912 01 2 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-757 001 23012 21.60 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 11-757 001 34650 -21.60 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC CONSULTANT SVCS -ENG 0015551 45222 3,672.00 4/1 912 01 2 ADVANTEC CONSULTING ENGINEERS INC CONSULTANT SVCS -ENG 0015551 45222 2,707.50 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC CONSULTANT SVCS -ENG 0015551 45222 1,260.00 4/19/2012 ADVANTEC CONSULTING ENGINEERS INC CONSULTANT SVCS -ENG 0015551 45222 1 3,180.00 4/19/2012 1 98907 JERRYALTMAN IRECREATION REFUND 1 001 1 34720 1 80.00 $80.00 4/19/2012 BONTERRA CONSULTING INC. ADMIN FEES -FPL 02-65 001 23010 1,215.00 4/19/2012 1 98908 JOE BLACK I RECREATION REFUND 1 001 1 34720 1 20.00 $20.00 4/19/2012 98909 BONTERRA CONSULTING INC. PROF.SVCS-FPL 02-65 001 23010 6,750.06 $6,750.06 4/19/2012 BONTERRA CONSULTING INC. ADMIN FEES -FPL 02-65 001 23010 1,215.00 4/19/2012 98911 BONTERRA CONSULTING INC. ADMIN FEES -FPL 02-65 001 34430 -1,215.00 $973.31 4/19/2012 98910 BSN SPORTS CORP SUPPLIES -RECREATION 1 0015350 1 41200 1 110.71 $110.71 4/19/2012 1 98911 BURGER CONTINENTAL DINNERS -SR SPRING DANCE 0015350 1 45300 1 973.311 $973.31 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2012 4/19/2012 98912 CACONSTRUCTION CACONSTRUCTION RETENTIONS PAYABLE CONSTRTN-SILVER TIP PK 250 2505310 20300 46415 -2,405.69 24,056.98 $21,651.29 4/19/2012 1 98913 CAFE N STUFF CATERING SR VOLUNTEER LUNCH -4/23 0015350 1 45300 1 383.05 $383.05 4/19/2012 98914 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 355.62 $762.89 4/19/2012 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 407.27 4/19/2012 1 98915 YUN TZU CHILI RECREATION REFUND 001 34780 1 84.00 $84.00 4/19/2012 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 11.99 4/19/2012 1 98916 CA PARKS & REC SOC -DIS XIII I MTG-REC STAFF 0015310 1 42325 1 315.00 $315.00 4/19/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 50.96 4/19/2012 1 98917 DAVID VOLZ DESIGN CONTINGENCY -MINI PARK 2505310 1 R46415 1 1,064.00 $1,064.00 4/19/2012 DIAMOND BAR PETTY CASH REIMB-MILEAGE 0014090 44000 20.41 4/19/2012 1 98918 JDAY LITE MAINTENANCE CO INC MONTHLY MAINT-JAN 2012 0014093 1 42210 1 276.28 $276.28 4/19/2012 DIAMOND BAR PETTY CASH BANK FEES 0014030 41200 26.00 4/19/2012 98919 DEPARTMENT OF JUSTICE PROF.SVCS-FINGERPRINT 0014060 42345 1 192.00 $192.00 4/19/2012 DIAMOND BAR PETTY CASH SUPPLIES -PARKS 0015340 41200 41.32 4/19/2012 1 98920 INICK DESIMONE IRECREATION REFUND 001 1 34720 1 40.00 $40.00 4/19/2012 98921 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 195.83 $272.77 4/19/2012 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 11.99 4/19/2012 DIAMOND BAR HAND CAR WASH CAR WASH -RD MAI NT 0015554 42200 13.99 4/19/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 50.96 4/19/2012 98922 DIAMOND BAR PETTY CASH REIMB-MILEAGE 0014030 42325 25.31 $285.14 4/19/2012 DIAMOND BAR PETTY CASH LUNCHEON-MTG 0015510 42340 34.45 4/19/2012 DIAMOND BAR PETTY CASH MTGS-COUNCIL 0014010 42325 10.00 4/19/2012 DIAMOND BAR PETTY CASH PARKING-CONF 0014050 42335 20.00 4/19/2012 DIAMOND BAR PETTY CASH MTG-COUNCIL 0014030 42330 10.00 4/19/2012 DIAMOND BAR PETTY CASH REIMB-MILEAGE 0014090 44000 20.41 4/19/2012 DIAMOND BAR PETTY CASH REIMB-MILEAGE 2505310 46415 19.21 4/19/2012 DIAMOND BAR PETTY CASH BANK FEES 0014030 41200 26.00 4/19/2012 DIAMOND BAR PETTY CASH MTGS-CITY CLERK 0015551 42325 25.92 4/19/2012 DIAMOND BAR PETTY CASH SUPPLIES -PARKS 0015340 41200 41.32 4/19/2012 DIAMOND BAR PETTY CASH SUPPLIES -TINY TOTS 0014090 41200 34.93 Page 9 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2012 98922... IDIAMOND BAR PETTY CASH SUPPLIES -CITY HALL 0014090 41200 1 17.591 $285.14 ... 4119/2012 98923 DIANA CHO &ASSOCIATES CONSULTANT SVCS-CDBG 1255215 44000 1,600.00 $1,580.00 4/19/2012 1 DIANA CHO & ASSOCIATES MEMO CREDIT -FEB 2012 1255215 1 44000 1 -20.00 4/19/2012 98924 EVENT BOOKING & SERVICES REFUND -RIDE CITY B/DAY 0015350 1 42353 1 7,879.00 $7,879.00 4/19/2012 98925 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2010-394 001 23010 35.50 $121.80 4/19/2012 1 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2011-445 001 23010 53.25 4/19/2012 98927 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 15.30 $600.00 4/19/2012 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-147 001 23010 17.75 4/19/2012 98934 INLAND VALLEY DAILY BULLETIN 1EXPRESS MAIL -GENERAL 1 0014090 F 42120 1 70.911 $70.91 4/19/2012 1 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2012-456 001 23010 363.40 4/19/2012 98927 IGO LIVE TECHNOLOGY INC CONSULTANT SVCS-CNIEW 0014070 1 44000 1 600.00 $600.00 4/1912012 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-446 001 23010 391.40 4/19/2012 1 98928 GRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -MAR 12 1 0015230 45520 4,940.00 $4,940.00 4/19/2012 1 98929 IJOHN GREGORIO RECREATION REFUND 1 001 34720 20.00 $20.00 4/19/2012 1 98930 IHARRIS&ASSOCIATES DESIGN SVCS-PANTERA PK 1 2505310 1 46415 1 3,950.00 $3,950.00 4/19/2012 1 98931 JEFFREY HIROSE CONTRACT CLASS -SPRING 1 0015350 1 45320 1 288.00 $288.00 4/19/2012 1 98932 SIMON HO FACILITY REFUND-REAGA 1 23002 50.00 $50.00 4/19/2012 1 98933 HOME DEPOT CREDIT SERVICES SUPPLIES -CITY HALL 1 0014093 1 42210 123.20 $123.20 4/19/2012 98934 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2012-453 001 23010 402.60 $1,518.00 4/19/2012 1 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2012-456 001 23010 363.40 4/19/2012 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2012-457 001 23010 360.60 4/1912012 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-446 001 23010 391.40 4/19/2012 98935 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -MAY 0014431 1 45403 9,303.75 $10,553.75 4/19/2012 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -MAY 0014431 45403 1,250.00 Page 10 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 4/19/2012 98936 JOBS AVAILABLE AD -SR MGTANALYST H/R 0014060 42115 262.50 $262.50 4/19/2012 98937 LLOYD JOHNSON RECREATION REFUND 1 001 1 34720 1 20.001 $20.00 4/19/2012 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -MAR 2012 1125553 45533 30.00 4/19/2012 98938 IJUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -FEB 12 0014411 45405 525.96 $525.96 4/19/2012 98939 JANET KIM RECREATION REFUND 001 36625 20.001 $20.00 4/19/2012 98940 ISUNG KIM RECREATION REFUND 001 1 34780 1 82.001 $82.00 4/19/2012 98941 KWIK COVERS COVERS -CITY BIRTHDAY 0015350 1 42353 1 2,205.581 $2,205.58 4/19/2012 1 98942 ILOS ANGELES COUNTY PUBLIC WORKS INSPECTION -GOLDEN SPRINGS 2505510 46420 7,029.00 $7,029.00 4/19/2012 98943 YITLIM LAM FACILITY REFUND-SYC CYN 001 1 23002 1 50.001 $50.00 4/19/2012 1 98944 ILEIGHTON &ASSOCIATES, INC. IGEOTECH SVCS-SYC CYN TRL 2505310 1 46415 1 206.001 $206.00 4/19/2012 1 98945 ILEWIS ENGRAVING INC. JENGRAVING SVCS-CITYTILE 0014090 1 42113 1 19.581 $19.58 4/19/2012 1 98946 IWEN CHI LI RECREATION REFUND 001 1 34780 1 84.001 $84.00 4/19/2012 98947 DORA LONYAI CONTRACT CLASS SPRING 0015350 45320 280.80 $280.80 4/19/2012 98948 LOS ANGELES COUNTY MTA MTAPASSES-MAR2012 1125553 45535 120.00 $150.00 4/19/2012 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -MAR 2012 1125553 45533 30.00 4/19/2012 1 98949 ILUPE LUQUE IFACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 4/19/2012 1 98950 IRICHARD MACHUCA RECREATION REFUND 001 1 34720 1 20.001 $20.00 4/19/2012 1 98951 ICERENAMASANZ IRECREATION REFUND 001 1 34720 1 40.001 $40.00 4/19/2012 1 98952 JEDIE MCDOWELL RECREATION REFUND 001 1 34720 1 40.001 $40.00 4/19/2012 1 98953 IMCE CORPORATION IVEGETATION CONTROL -MAR 10015558 1 45508 1 9,003.61 $9,003.61 Page 11 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 4/19/2012 98954 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -MAR 12 1155515 44000 931.18 $931.18 4/19/2012 98955 ALISON MEYERS REIMB-CPRS CONF 0015350 1 42330 16.00 $71.63 4/19/2012 ALISON MEYERS REIMB-SUPPLIES 0015350 41200 55.63 4/19/2012 1 98956 BOB MIRANDA RECREATION REFUND 007 1 34720 1 40.00 $40.00 4/19/2012 RANCHO PACIFIC ENGINEERING CONSTRUCTION-WSHNGTN PK 2505310 1 46415 1 124,273.97 4/19/2012 98957 NEXTEL COMMUNICATIONS A/R CHRGS-P/W,C/S,C/D 1 0014090 1 42125 1 552.901 $552.90 4/19/2012 98958 JOLYMPIE STAFFING SERVICES TEMP SVCS -COM DEV 3/27 0014060 1 44000 1 79.441 $79.44 4/19/2012 98959 PROTECTION ONE INC INSTALL -PANIC BUTTON 1 1264411 1 42110 1 2.271 $1,252.27 4/19/2012 98960 RANCHO PACIFIC ENGINEERING RETENTIONS PAYABLE 250 20300 -12,427.40 $111,846.57 4/19/2012 RANCHO PACIFIC ENGINEERING CONSTRUCTION-WSHNGTN PK 2505310 1 46415 1 124,273.97 4/19/2012 1 98961 IFELICE RECTO HERNANDEZ RECREATION REFUND I D01 1 34720 1 80.001 $80.00 4/19/2012 98962 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -APR 0014096 1 45000 1 1,000-001 $1,000.00 4/19/2012 1 98963 IREGIONAL TAP SERVICE CENTER SUPPLIES -TAP CARDS 1125553 1 41200 1 200.001 $200.00 4/19/2012 1 98964 REINBERGER PRINTWERKS PRINT SVCS -CITY ENVELOPES 1 0014090 1 42110 1 322.991 $322.99 4/19/2012 1 98965 IRAUL RODARTE FACILITY REFUND -HERITAGE 001 1 23002 1 50.001 $50.00 4/19/2012 1 98966 SASAKI TRANSPORTATION SVCS INC TRFFC ENG SVCS-H/ELEMNT 0015210 44220 1,722.00 $1,722.00 4/19/2012 1 98967 LUCY SHEN RECREATION REFUND 1 34780 1 87.001 $87.00 4/19/2012 1 98968 CHRISTY SHIBLEY IRECREATION REFUND 001 34780 1 102.00 $102.00 4/19/2012 98969 SIGN CONTRACTORS INC REPLACEMNT-BANNERS 0015350 1 45300 1 720.791 $720.79 4/19/2012 1 98970 SO COASTAIR QUALITY MGT DISTRICT IFACILITY RENTAL -MAY 0014090 1 42140 1 2,000.001 $2,000.00 4/19/2012 1 98971 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 1 42126 1 4,289.89 $12,783.91 Page 12 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 4/19/2012 98971... SOUTHERN CALIFORNIA EDISON ELECT SVCS -CITY HALL 0014093 42126 7,408.78 $12,783.91 ... 4/19/2012 98973 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 65.73 $35.00 4/19/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 21.39 4/19/2012 98974 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 66.10 $2,921.10 4/19/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFF CONTROL 0015510 42126 103.33 4/19/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 301.74 4/19/2012. SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 84.18 4/19/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 1 42126 442.77 4/19/2012 1 98972 KRYSTAL SPINDLER RECREATION REFUND 001 34780 1 84.00 $84.00 4/19/2012 1 THE COMDYN GROUP INC CONSULTANT SVCS -WK 3/9 0014070 44000 2,381.40 4/19/2012 1 98973 STATE BOARD OF EQUALIZATION JAN -MAR 12 -SALES TAX DUE 001 36650 35.00 $35.00 4/19/2012 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2011-446 001 23010 380.60 4/19/2012 1 98974 TENNIS ANYONE INC ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 2,921.101 $2,921.10 4/19/2012 98975 THE COMDYN GROUP INC CONSULTANT SVCS -WK 4/6 0014070 44000 1,775.46 $5,988.10 4/19/2012 1 THE COMDYN GROUP INC CONSULTANT SVCS -WK 3/9 0014070 44000 2,381.40 4/19/2012 THE COMDYN GROUP INC CONSULTANT SVCS -WK 3/23 0014070 44000 1,831.24 4/19/2012 1 98976 ITHE GAS COMPANY GAS SVCS -CITY HALL 1 0014093 1 42126 1 844,881 $844.88 4/19/2012 98977 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2012-453 001 23010 419.24 $1,516.88 4/19/2012 1 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2012-456 001 23010 - 366.80 4/19/2012 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2012-457 001 23010 350.24 4/19/2012 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2011-446 001 23010 380.60 4/19/2012 98978 TRANE SERVICE GROUP INC MAINT SVCS -DBC 0015333 45300 981.00 $981.00 4/19/2012 98979 US HEALTHWORKS MEDICAL GROUP PC EMPLOYMENT PHYSICAL 0014060 42345 238.00 $273.00 4/19/2012 1 US HEALTHWORKS MEDICAL GROUP PC EMPLOYMENT PHYSICAL 0014060 42345 35.00 4/19/2012 1 98980 MARNIE VARGAS FACILITY REFUND -MAPLE 1 23002 1 50.00 $50.00 4/19/2012 98981 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 001409042125 183.84 $297.36 4/19/2012 VERIZO 1 CALIFORNIA PH.SVCS-DBC 0015333 42125 113.52 Page 13 City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 4/19/2012 4/19/2012 98982 W.W. GRAINGER INC. W.W. GRAINGER INC. SUPPLIES -DBC SUPPLIES -DBC 0015333 0015333 1 41200 41200 1 624.44 32.36 $656.80 4/19/2012 98983 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 888.53 $16,817.51 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 1,052.79 4/19/2012 98986 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 613.61 $275.00 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 6,173.11 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 5,351.05 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 2,394.90 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 20.21 4/19/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -CITY HALL 0014093 42126 323.31 4/19/2012 98984 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 1,059.94 $1,627.35 4/19/2012 WAXIE SANITARY SUPPLY SUPPLIES -CITY HALL 0014093 42210 343.66 4/19/2012 98986 WAXIE SANITARY SUPPLY SUPPLIES -CITY HALL 0014093 42210 71.55 $275.00 4/19/2012 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 152.20 4/19/2012 98985 JALLANWEINER RECREATION REFUND 001 34720 1 20.001 $20.00 4/19/2012 KAOFANG YEH FACILITY REFUND -DBC 001 23004 116.15 4/19/2012 98986 JPAULWRIGHT AA/ SVCS-CCNCL MTGS 1 0014090 1 44000 1 275.00 $275.00 4/19/2012 98987 KAOFANG YEH FACILITY REFUND -DBC 001 36615 2,070.00 $2,186.15 4/19/2012 KAOFANG YEH FACILITY REFUND -DBC 001 23004 116.15 4/19/2012 1 98988 SHELLY ZHU RECREATION REFUND 1 001 1 34720 1 40.00 $40.00 4/24/2012 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 -92.38 4/24/2012 1 98989 JPFA INSTRUMENTAL MUSIC AD -FULL PAGE 1 0114010 1 42355 1 120.00 $120.00 4/24/2012 98990 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 92.38 $0.00 4/24/2012 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 -92.38 4/24/2012 1 98991 WALNUT/DIAMOND BAR SHERIFF'S MTG-COUNCILS 0014010 1 42325 1 60.00 $60.00 4/12/2012 REQ #8 COMMONWEALTH BUSINESS BANK RETENTIONS -CITY HALL 001 20300 5,808.49 $36,848.95 4/12/2012 COMMONWEALTH BUSINESS BANK RETENTIONS -LIBRARY 001 20300 1 31,040.46 Page 14 Check City of Diamond Bar - Check Register 04/12/2012 thru 04/25/2012 transaction uescripnon Page 15 Fund/ Dept I Acct# I Amount Notal $969,475.76 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Treasurer's Statement — March 2012 RECOMMENDATION: Approve the March 2012 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: May 1, 2012 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balanus, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: o Finance Director Attachments: Treasurer's Statement, Investment Portfolio Report C M, Assistant O y anager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31. 2012 'BEGINNING <TRANSFERS : .ENDING .BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $16,453,275.66 648,131.43 $1,985,014.74 PAYROLL ACCOUNT $15,116,392.35 COMMUNITY ORG SUPPORT FUND 5,425.00 PETTY CASH ACCOUNT 450.00 TOTAL DEMAND DEPOSITS 4,975.00 MEASURE R LOCAL RETURN FUND 457,669.71 48,153.68 7,651,801.67 BONDS & CERTIFICATE DEPOSITS 505,823.39 GAS TAX FUND 145,912.47 358,610.22 $22,292,675.13 504,522.69 TRANSIT TX (PROP A) FUND 405,680.52 158,309.43 116,287.89 447,702.06 TRANSIT TX (PROP C) FUND 1,880,879.13 64,202.71 116,091.43 1.828,990.41 TEA FUND 0.00 0.00 INTEGRATED WASTE MGT FUND 917,317.56 1,043.52 111,548.27 806,812.81 TRAFFIC IMPROVEMENT FUND 385,467.07 385,467.07 AIR QUALITY IMPRVMNT FUND 174,833.64 26,432.50 148,401.14 TRAILS & BIKEWAYS FUND 0.00 0.00 PROP 16 BOND FUND 218,404.96 218,404.96 PARK FEES FUND 57,874.54 57,874.54 PROP A - SAFE PARKS ACT FUND 14,846.79 14,846.79 PARK & FACILITIES DEVEL. FUND 458,399.57 458,399.57 COM DEV BLOCK GRANT FUND (14,664.33) 20,218.00 5,227.95 (5,909.00) (5,583.28) CITIZENS OPT -PUBLIC SAFETY FUND 170,080.79 65,000.00 105,080.79 NARCOTICS ASSET SEIZURE FUND 264,766.45 264,766.45 CA LAW ENFORCEMENT EQUIP PRGM 40,777.83 40,777.83 E BYRNE JUSTICE ASSIST GRANT -R 472.43 472.43 E BYRNE JUSTICE ASSIST GRANT (15,355.32) (15,355.32) LANDSCAPE DIST #38 FUND (6,168.30) 18,579.67 (24,747.97) LANDSCAPE DIST #39 FUND 21,743.91 14,889.38 6,854.53 LANDSCAPE DIST #41 FUND 50,114.60 5,293.35 44,821.25 ENERGY EFF & CNSVTN BLK GRT (26,714.52) 30,191.53 3,870.28 (393.27) CAP IMPROVEMENT PRJ FUND (243,647.41) 681,224.61 5,909.00 (918,963.02) PFA DEBT SERVICE FUND 0.00 137,219.66 (137,219.66) SELF INSURANCE FUND 1,166,251.20 1,166,251.20 EQUIPMENT REPLACEMENT FUND 215,825.92 215,825.92 COMPUTER REPLACEMENT FUND 260,812.37 78.00 53,018.30 207,872.07 PUBLIC FINANCING AUTHORITY FUND 244,784.10 137,221.11 1.16 382,004.05 TOTALS $23,705,066.34 $1 466 159.63 $3,340,149.19 $0.00 $21,831 076.78 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($504,410.30) PAYROLL ACCOUNT 41,311.95 CHANGE FUND 1,000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($461,598.35) INVESTMENTS: US TREASURY MONEY MARKET ACCT $1,796,869.41 LOCAL AGENCY INVESTMENT FD 7,651,801.67 BONDS & CERTIFICATE DEPOSITS 12,462,000.00 CASH WITH FISCAL AGENT: 382,004.05 TOTAL INVESTMENTS $22,292,675.13 TOTAL CASH $21,831,076.78 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are in compliance with the investment policy adopted by the City of Diamond Bar. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT forthe Month of March 2012 Union Bank -(Fiscal Agent) AAA Total investments 2011-12 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type (By Percent) Issue Maturity Curr Par Market Fair Market Coupon Investment Type Cusip Rating Date Date Term Orig Par Price Value. Rate Fed Nall Mlg Assn Note 3136FTBX6 AAA 10/24/11 10/24/13 20Yes 1000,000 100.012 1,000,124.00 1250% Fed Nati Mi Assn Note 3136FTCRB AAA 10/27/11 10/27/14 3.0 Yrs 1,000,000 100.011 1,000,112,00 1.325% GE Cap Corp 3691 AAA 01/30/12 01/30/15 3.0 Yrs 1,000,000 99.087 990,876.00 1.375% GE Cap Corp 36962G5T7 AAA 02/18/12 02/08/16 4.0 Yrs 1,000,000 100.093 1,000,939.00 1.550% Fed Nall Mi Assn Note 3136FTFW4 AAA 10/26/11 10/26/16 5.0 Yrs 1,000,000 100.351 1003,515.00 1500% Fed Nall Mi Assn Note 3136FTLL1 AAA 11/16/11 11/16/16 5.0 Yrs 1,000,000 100.588 1,005,888,00 1813% Fed Nat Mi Assn Note 3136FTNK1 AAA 11/21/11 11/21/16 5.0 Yrs 1,000,000 100,062 1,000,624.00 2.000% Fed Farm Credit Banks Funding Bond 3133EAGYB AAA 03/13/12 03/13/17 5.0 Yrs 1,000,000 99,834 998,344.00 1.200% Negotiable CD - Barclays Bank 06740KFH5 AAA 12/21/11 12/21/16 5.0 Yrs 248,000 100.712 249,766.25 2.000% Negotiable CD - Aurora Bank 05155THP6 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 100.283 248,703.08 0.900% Negotiable CD - BMW Bank 05568PP35 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 100.258 248,64132 0.850% Negotiable CD- Compass Bank 20449EX8 AAA 09/30/11 09/30/13 2.0 Yrs 248,000 100.292 248,725.40 1.000% Negotiable CD- American Exp Bk 02587DBJ6 AAA 07/14/11 01/14/14 2.5 Yrs 248,000 100.520 249,289.84 ika Negotiable CD - Bank of China NY 06425HYA8 AAA 01/27/12 01/27/14 2.0 Yrs 248,000 99.945 247,865.08 0.900% Negotiable CD- Huntington Nat'l Bk 446438NS8 AAA 01/27/12 01/27/14 2.0 Yrs 248,000 100.053 248,132.18 0.800% Negotiable CD -GE Capital 36160WUB3 AAA 06/24/11 06/24/14 30Y. 248,000 100.553 249,373.42 1.350% Negotiable CD - Ally Bank UT 02005QVNC AAA 10/05/11 10/06/14 3.0 Yrs 248,000 100.528 249,310.43 1.300% Negotiable CD - Sallie Mae Bank 795450NF8 AAA 11/01/11 12/01/14 38 Yrs 248,000 100.438 249,086.73 1.400% Negotiable CD- Barra Nat 'I Bank NY 786580YA2 AAA 01/30/12 01/30/15 3.0 Yrs 248,000 100.359 248,89056 1.000% Negotiable CD - GE Money Bank 36159AW71 AAA 06/24/11 06/24/15 4.0 Yrs 248,000 101.637 252,059.76 1.750% Negotiable CD - CIT Bank 17284AUMB AAA 06/29/11 06/29/15 4.0 Yrs 248,000 101.667 252,135.15 1.600% Negotiable CD - Word Fin Captl Bank 98146QBNO AAA 11/16/11 11/16/16 5.0 Yrs 248,000 101,333 251,306.08 1.500% Negotiable CD- Goldman Sachs Bank 38143AMV4 AAA 03/21/12 03/21/17 5.0 Yrs 248,000 99.337 246,35(1 1600% Negotiable CD- Discover Bank 2546705F5 AAA 03/21/12 03/21117 5.0 Yrs 248,000 99.337 246,356.00 1.600% Negotiable CD - State Bank India B56284D76 AAA 03/23/12 03/23/17 5.0 Yrs 248,000 99.327 246,330.96 1.650% Negotiable CD - JP Morgan Bank 4BI24JAHI AAA 03/29/12 03/29/17 5.0 Yrs 246,000 99.290 244255.61 1.000% Total Securities B CDs $ 12,462,000.00 $ 12,477,005.85 Local Agency Investment Fund AAA 7,651,80L67 7,661,068.87 0.383% US Treasury Money Market AAA $1,796,869.41 1,796,869.41 0.010% Total Liquidity $ 9,448,671.08 $ 9,457,938.28 Union Bank -(Fiscal Agent) AAA Total investments 2011-12 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type (By Percent) Federal AgencyLAIF Fund Securities 34.32% 43.66% Certificate U.S Treasury Deposits Money Market 12.24% 9.77% Total Investment- 22292675 Wells Farnn Institutional Securities. LLC 382,004.05 $ 22,292,675.13 $213,200.00 $109,809.65 51.505% TYPE OF INVESTMENTS: 382,004.05 oom% $ 22,316,948.18 Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government, The City Investment Policy places a 40% limit on this type of investment and the security investment is currently held in a custodial account by Wells Fargo Institutional Securities LLC for safe- keeping services. Local Agency Investment Fund (LAID LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Negotiable Certificate Of Deposit A certfcate 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: May 1 2012 CITY COUNCIL AGENDA REPORT �ORPOib��� _ 4; TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Approval of FY 2012-13 City Cou cil Goals & Objectives RECOMMENDATION: Approve. FISCAL IMPACT: None. BACKGROUND / DISCUSSION: Each year, concurrent with the review and adoption of the municipal budget, the City Council develops its Goals & Objectives. These items reflect the projects, challenges, and legislative matters deemed by the Council to be among the most important of the fiscal year. Many of the Goals & Objectives require multi-year commitments to reach completion. At the April 17, 2012 study session, the City Council reviewed the 2010-11 Goals & Objectives and directed staff to bring the updated list to the Council for approval. In the past fiscal year, the City has continued to make significant progress on many of the long-term items identified as Goals & Objectives while focusing on completing the new City Hall and Library facilities within the established budgets and timeframes. With City Hall open and the Library to follow in July, staff recommends the two items related to these projects be removed from the list. The rest of the existing Goals & Objectives items are recommended to remain for 2012-13. With the direction of the Council incorporated in the attached document, staff recommends the Council adopt ft attached FY 2011-12 Goals & Objectives. Ryari nLean, Assistant to the City Manager Attachments FY 2012-13 City Council Goals & Objectives List FY 2012-2013 City Council Goals & Objectives Traffic Mitigation • Pursue the 57/60 Freeway Interchange corridor long-term "final fix" and present an annual status report to the Council. Work with federal representatives to ensure the project is on the next Transportation Reauthorization Bill known as "Moving Ahead for Progress in the 21St Century (MAP -21)". • Participate in the development of SCAG's Regional Goods Movement Plan to ensure the plan is equitable in its distribution of goods movement related traffic. • Maintain participation in the Four Corners Policy Group and Four Corners Coalition to advocate for regional transportation, economic development, and legislative solutions. • Support and participate in the completion of the Lemon Avenue on and off ramp project. • Monitor and evaluate the Neighborhood Traffic Management Plan and Diamond Bar Traffic Management System (TMS) and their impacts on arterial and neighborhood traffic flow congestion relief. • Monitor state high speed and light rail proposals to ensure they do not adversely impact Diamond Bar. Fiscal Responsibility • Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. • Develop a plan to address the long-term financial sustainability of the City's Lighting and Landscape Assessment Districts. Economic Development • Develop incentive -based Specific Plans to revitalize areas such as K -Mart and Market World. • Identify and implement development opportunities for the former Honda dealership property that will result in the greatest net benefit to the community. Communications In addition to public meetings, encourage resident participation through open and expanded communication methods, including electronic and social media and the collection of scientifically valid opinion data. Other Items • Preserve Windmill structure located at the Ralph's Shopping Center via ownership of structure and/or property. • Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. • Establish a "quiet zone" on the MetroLink train line at Lemon Avenue near Walnut Elementary School. Develop and implement fiscally responsible environmental/sustainability programs. • Begin implementation of the approved Housing Element by completing necessary Development Code and General Plan amendments. CITY COUNCIL Agenda 4 6.6 Meeting Date: May 1 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: A RESOLUTION APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 011-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL FUNDS IN THE AMOUNT OF $1,120,000 ON THE SR 60/LEMON AVENUE PARTIAL DIAMOND INTERCHANGE PROJECT(RIGHT-OF-WAY PHASE) FEDERAL PROJECT # HPLU-5455(007). RECOMMENDATION: Approve. The approval of the Resolution and the execution of the Program Supplement Agreement will allow the City to be reimbursed $1,120,000 for the right-of-way phase of the SR 60/Lemon Ave. Partial Diamond Interchange Project. The reimbursable federal funds are being provided by the Federal SAFETEA-LU funds obtained by the City in 2005. The mid -year budget adjustment for FY 2011-2012 CIP incorporated the federal funds approved for the Lemon Ave. Partial Diamond Interchange Project in the amount of $1,120,000. The City of Industry has committed to pay the required matching funds in the amount of $1,106,665. DISCUSSION: In September 2011 Council approved the Cooperative Right -of -Way Agreement with the State and the City of Industry for right-of-way acquisitions required for the construction of the SR 60/Lemon Ave. Partial Diamond Interchange Project. In March, 2012 the State issued the Authorization to Proceed for the right-of-way phase of the project which is scheduled through December 2013. Before federal funds can be made available for a programmed project, the City is required to enter into a supplemental agreement with the California Department of Transportation (Caltrans) and provide a resolution which authorizes the City Manager of the City to execute the supplemental agreement. The existing agreement, commonly referred to as Administering Agency -State Agreement No. 07-5455, allows the City to administer Federally Funded Projects, whereas the supplemental agreement establishes conditions specific to an individual project. PREPARED BY: Kimberly M. Young, Associate Engineer REVIEWED BY: David G.° u, Director of Public Works DATE PREPARED: April 17, 2012 Attachment: Resolution No. 2012 -XX Program Supplement Agreement No. 011-N 2 RESOLUTION NO. 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM SUPPLEMENT NO. 011-N TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF FEDERAL FUNDS ON THE SR 60/LEMON AVE. PARTIAL DIAMOND INTERCHANGE PROJECT RECITALS (i) The United States Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005; (ii) The City is eligible to receive Federal funding for the SR 60/Lemon Ave. Partial Diamond Interchange Project, through the California Department of Transportation; and (iii) The Program Supplement Agreement No. 011-N to Administering Agency - State Agreement No. 07-5455R shall be fully executed by the City and State of California Department of Transportation (Caltrans) prior to processing of the City's requests for reimbursement of the federal funds for the SR 60/Lemon Ave. Partial Diamond Interchange Project. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. Approve the Program Supplement No. 011-N to Administering Agency - State Agreement No. 07-5455R for Federal Funds to be utilized for the right-of-way phase of the SR 60/Lemon Ave. Partial Diamond Interchange Project. 2. Certifies that said Project will be constructed in accordance with the Program Supplement No. 011-N and federal procedures outlined in the Local Assistance Program Manual and Guidelines. 3. Appoints James DeStefano City Manager, as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED AND ADOPTED this 1St day of May 2012. Ling -Ling Chang, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 1st day of May, 2012 by the following vote: AYES: COUNCIL MEMBERS: Q[�I�.�Kfl9PN31�►LII�JI : :i.91 ABSTAIN: COUNCIL MEMBERS: ATEST: CITY CLERK OF THE CITY OF DIAMOND BAR PROGRAM SUPPLEMENT NO. N011 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5455 Adv Project ID Date: March 28, 2012 0712000110 Location: 07-LA-0-DMBR Project Number: HPLU-5455(007) E.A. Number: 07-932882 Locode: 5455 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 06/05/08 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: SR -60 500ft W/O Lemon Ave to 500 ft E/O Lemon Ave and from Golden Springs Drive to 200 ft north of SR 60 TYPE OF WORK: Road Reconstruction LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds $2,226,665.00 LY10 $1,120,000.00 LOCAL $1,106,665.00 Fund Source OTHER $0.0( CITY OF DIAMOND BAR By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offie€r''� Date &41-1112 $1.120,000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 07-5455-N011- ISTEA Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page 1 of _i_ Claims Audits 3/28/2012 3301 "C" Street, Rm 404 REQUISITION NUMBER/ CONTRACT Sacramento. CA 95816 ROS -2660-071200000934-1 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR] LOCALAGENCY: City of Diamond Bar $1,120,000.00 PROCUREMENT TYPE: Local Assistance ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 orwrile Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. 07-LA-0-DMBR 03/28/2012 H PLU-5455(007) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 2_ ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 4. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 5. As a condition for receiving federal -aid highway funds for the PROJECT, the Program Supplement 07-5455-N011- ISTEA Page 2 of 3 07-LA-0-DMBR HPLU-5455(007) SPECIAL COVENANTS OR REMARKS 03/28/2012 Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 6. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY .should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds., Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 7. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual Program Supplement 07-5455-N011- ISTEA Page 3 of 3 CITY COUNCIL Agenda # 6 7 Meeting Date: May 1 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager 0 TITLE: APPROVE REPAIR AND LICENSE AGREEMENT FOR HELICOPTER LANDING SITE (HELISPOT 120A) BETWEEN THE CITY OF DIAMOND BAR AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY RECOMMENDATION: Approve. FINANCIAL IMPACT: None. DISCUSSION: In 2006, the Consolidated Fire Protection District of Los Angeles County (District) constructed a helipad (Helispot 120A) located immediately adjacent to the East Gate Drive Reservoir in Diamond Bar (see attached Helipad 120A Location Exhibit). The helipad is used to provide aerial firefighting services within the boundaries of the City and portions of the San Gabriel Valley Region. The City of Diamond Bar owns the open space parcels in the vicinity of the East Gate Reservoir upon which the helipad site is located. Soil erosion at the helipad site necessitates that an appropriate effort be undertaken to repair eroded areas and restore the helipad to a stabilized condition. The agreement herein has a twofold purpose. First, it obligates the District to undertake all necessary administrative, engineering, and construction efforts to repair and stabilize the helipad site at their cost. The District is also responsible for funding and implementing all necessary erosion control measures to maintain the site's condition once it is stabilized. Second, the agreement establishes a twenty five (25) year term use agreement that identifies terms and conditions for District's activities on the site. The agreement is automatically renewed for subsequent five (5) year terms unless otherwise indicated by either of the parties. The agreement has undergone numerous reviews by both LA County Counsel and the City of Diamond Bar's City Attorney. 1 Prior to termination of this agreement, the District is obligated to restore the helipad site to a condition substantially identical to that existing before construction of the helipad. The District has concurrently agendized this item with the LA County Board of Supervisors for approval at their May 1, 2012 meeting. PREPARED BY; Rick Yee, Senior Civil Engineer Date Prepared: April 24, 2012 REVIEWED BY Davi "O. Liu. Director of Public Works Attachments: Agreement K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REPAIR AND LICENSE AGREEMENT FOR HELICOPTER LANDING SITE BETWEEN THE CITY OF DIAMOND BAR AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY WITNESSETH THIS REPAIR AND LICENSE AGREEMENT (hereinafter "Agreement') is made and entered into this 1st day of 2012, by and between the City of Diamond Bar (hereinafter referred to as "CITY") and the Consolidated Fire Protection District of Los Angeles County (hereinafter referred to as "LICENSEE"). RECITALS WHEREAS, the CITY is the owner of certain real property located in the City of Diamond Bar, California, immediately adjacent to the East Gate Drive Reservoir (Assessor Parcel Identification Number 8701-047-900, 8701-047-901, 8701-047-902, and 8701-047-903), and described in Exhibit A attached hereto and incorporated herein by reference (hereinafter the "PROPERTY"); and WHEREAS, the LICENSEE provides firefighting services within the territorial boundaries of the CITY, as well as within the region of the San Gabriel Valley, and desires to obtain permission from CITY to enter upon and use portions of the PROPERTY to facilitate the provision of such services; and WHEREAS, the CITY and the LICENSEE agree on the mutual benefit of having a helispot on the PROPERTY to support emergency fire protection service in the region; and WHEREAS, in 2006, the LICENSEE constructed a helispot (Helispot 120A) (hereinafter "Helispot') on the PROPERTY for use by LICENSEE as shown on Exhibit B attached hereto and incorporated herein by reference; and WHEREAS, a permanent easement has been granted to the Walnut Valley Water District (WVWD) to maintain, operate, and repair the East Gate Drive and associated facilities including the access road as shown on Exhibit B. The WVWD utilizes the access road on a -I- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 routine basis to access and operate the reservoir. Since the reservoir represents a critical component of its water supply network, the WVWD regularly maintains the access road for this purpose; and WHEREAS, the parties by this Agreement intend to obligate the LICENSEE to repair the erosion damage to the PROPERTY as provided herein, and to allow the LICENSEE continued use of the Helispot to carry out the provision of firefighting services from the PROPERTY. NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto agree as follows: SECTION I — DAMAGE AND REPAIR The LICENSEE, at its own cost, hired the County -approved architectural and engineering firm of J.C. Chang & Associates, Inc. (hereinafter "A/E Firm") to conduct an assessment of erosion damage and provide a scope of work to repair the existing damage caused by soil erosion that had occurred both prior to and after the construction of the Helispot. Both the CITY and the LICENSEE agree that the LICENSEE shall at its sole cost and expense utilize the A/E Firm's scope of work as described on Exhibit C, attached hereto and incorporated herein by reference, in completing necessary soil erosion repairs to the PROPERTY. The CITY and the LICENSEE mutually agree that the scope of work will be in two phases: 1. The Phase One scope of work generally includes slope stabilization, Helispot repair, and erosion control measures. The LICENSEE is responsible for the total Phase One project cost estimate, including plans, specifications, plan check, construction, change orders, consultant and design services, and miscellaneous expenditures. 2. The Phase Two scope of work will occur at the end of the LICENSEE's use of the PROPERTY. LICENSEE, at its own cost, shall restore the Helispot to a condition substantially identical to that existing immediately prior to its construction of the Helispot in 2006 as shown on Exhibit D attached hereto and incorporated herein by reference. /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION II — GRANT AND SCOPE OF LICENSE 1. CITY hereby grants to LICENSEE a twenty-five (25) year license to enter upon the PROPERTY for the following purposes: a. LICENSEE or its authorized contractor(s) and/or agent(s) may enter the PROPERTY for the purpose of completing any necessary repairs as described in Section I herein above. b. LICENSEE may use the PROPERTY as a helicopter landing site for the purpose of providing emergency firefighting and air ambulance services. c. LICENSEE's employees and agents may bring fire trucks and other support vehicles, including fuel trucks, upon the PROPERTY, for the purpose of providing and assisting emergency firefighting and air ambulance services. d. Upon advance notice to CITY, LICENSEE may use the PROPERTY at mutually I agreed upon times between the hours of 10:00 AM and 6:00 PM for training purposes. Notice shall be delivered in writing to: James DeStefano, City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 2. LICENSEE shall use its best efforts to provide the CITY advance notice of its use of the PROPERTY for the purposes described in paragraph 1 (a), (b) and (c) above. Due to the emergent nature of firefighting and emergency medical services, lack of notice shall not be deemed to be a breach of contract by LICENSEE. 3. Except as provided in Section I herein above, LICENSEE shall make no other improvements or alterations to the PROPERTY without the prior written consent of the CITY. Such consent shall not be unreasonably withheld or delayed. CITY shall have no obligation to improve or maintain the Helispot and the access road for LICENSEE, or provide any service or facility except as set forth in this Agreement. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The CITY acknowledges that the access road to the Helispot is maintained by WVWD. LICENSEE shall only be responsible for repair of damages to this road solely caused by its operation. 5. LICENSEE acknowledges that there has been erosion at and near the Helispot due to runoff from the road. Regardless of the cause of the current damage, the LICENSEE agrees to repair the existing erosion damage to the Helispot and the area immediately surrounding it as described in Section I, paragraph 1.. While this Agreement is in force, the LICENSEE agrees to maintain the Helispot in good condition and repair. 6. LICENSEE shall not bring upon the PROPERTY, or use the Helispot to provide, any hazardous or noxious chemical firefighting agent or other hazardous or noxious substance, except for necessary firefighting material and helicopter fuel for immediate operations, without the prior written consent of the CITY. 7. Access to the PROPERTY under this Agreement shall be limited solely to necessary employees, contractors and agents of LICENSEE. CITY shall retain the sole right to restrict access to the PROPERTY to any other person or entity. 8. LICENSEE shall provide the CITY with evidence of self-insurance, as shown on Exhibit E, or a Certificate of Insurance demonstrating that its activities under this Agreement are insured at the coverage amounts as indicated below: a. Worker's compensation insurance with statutory limits, and employers liability insurance with limits of not less than $1,000,000 per accident. b. Comprehensive general liability insurance with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name CITY, its appointed and elected officials, officers, employees and agents as insured; (b) be primary with respect to any insurance or self-insurance programs maintained by the CITY; and (c) contain standard severability of interest provisions. -4- 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Comprehensive automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 9. This Agreement is personal to LICENSEE and may not be assigned. Any assignment without CITY's consent shall be null and void. 10. The initial term of this Agreement for LICENSEE's use of the Helispot shall be twenty-five (25) years and is irrevocable except for cause as provided in Section III hereof. The Agreement shall thereafter automatically renew for subsequent five (5) year terms unless terminated by either party as provided in Section III hereof. This Agreement may be modified only in writing executed by both parties. 11. LICENSEE acknowledges that this Agreement grants only a license for a limited use of the PROPERTY on the conditions set forth herein, and does not create an easement, profit or any estate or right in or to the PROPERTY or any product thereof. 12. If installed at a later date, any and all utility services, excluding water, installed shall be metered and paid by the LICENSEE if such utility services are solely for LICENSEE's use. 13. CITY shall advise LICENSEE a minimum of twelve (12) months in advance of any modifications to said PROPERTY which will render it temporarily inoperative for purposes of this Agreement. CITY agrees to use all reasonable efforts to allow the PROPERTY to be used as intended by LICENSEE throughout the term of this Agreement. 14. In the event of any controversy, claim or dispute relating to this Agreement or the breach thereof, each party shall bear its own attorney's cost and expert fees and court costs. 15. CITY grants this license to LICENSEE to facilitate firefighting services that benefit CITY, its residents and their properties. No monetary consideration has been or will be provided to CITY for grant of this license, except that the LICENSEE shall cause the repair work as described in Section I herein to be completed at its sole cost and expense. 16. LICENSEE acknowledgesthe CITY's absolute right to enter upon, use, maintain, and inspect the PROPERTY for any and all lawful public purposes. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION III — TERMINATION The initial twenty-five (25) year term of this Agreement is irrevocable, except for cause as provided below. Subsequent five (5) year terms may be terminated by either party with or without cause upon sixty (60) days written notice to the other party at the following addresses: James DeStefano, City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Daryl L. Osby, Fire Chief Consolidated Fire Protection District of Los Angeles County 1320 North Eastern Avenue Los Angeles, CA 90063 Should either party at any time during the term materially breach this Agreement, the other party shall provide written notice of the alleged breach and the requested action to address or remedy the breach. The party receiving the notice of alleged breach shall have not less than 60 days after receiving written notice, or another time period agreed to in writing by the parties, to remedy the breach. If, after the 60 days or other time period agreed to by the parties have elapsed, and the party has failed to address or remedy the violation, the other party may, at its option, give notice to the other to terminate the Agreement. Said termination shall not be effective until 30 days after receipt of written notice of termination. If the party receiving the notice of alleged breach disputes the existence of a breach, it shall give notice to the other party that it disputes such breach within the 60 -day period allotted to remedy the alleged violation. The parties shall negotiate in good faith to resolve the dispute within 90 days from receiving such notice of dispute. If the dispute is not resolved in that 90 -day period, the parties agree to participate in nonbinding mediation with a neutral third party selected jointly by CITY and LICENSEE. Upon agreeing on a mediator, the parties shall enter into a written agreement for the mediation services with each party paying a pro rata share of the mediator's fee, if any. If after good faith efforts to mediate the dispute under the terms of this Agreement the parties cannot agree to a resolution of the dispute, either party may pursue whatever legal remedies may be available to it at law or in equity before a W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court of competent jurisdiction and with venue in Los Angeles County. SECTION IV — INDEMNIFICATION 1. To the extent permitted by law, LICENSEE shall indemnify, hold harmless and defend CITY, and its officers, agents, employees, attorneys and representatives from and against any and all liability, loss, claim, cost or damage, whether to person or property; and including court costs and reasonable attorney's fees, based upon or arising out of the following: a. Entry upon the PROPERTY or use of the Helispot by LICENSEE or its agents, or employees, and any and all activities of such persons or entity upon the PROPERTY. b. Performance of firefighting or air ambulance services by LICENSEE occurring upon the PROPERTY c. Construction and/or ongoing maintenance of the Helispot itself and the area immediately surrounding it including any slope failure directly related to development of the Helispot, but excluding the roadway. 2. This indemnification excludes any liability or expense for injuries, losses or damages caused by the negligent or willful acts or omissions of CITY, its employees, officers, contractors, agents or other licensees, for which the CITY shall indemnify, hold harmless and defend LICENSEE and its officers, agents, employees, attorneys and representatives from and against any and all liability, loss, claim, cost or damage, whether to person or property, and including court costs and reasonable attorney's fees. SECTION V — SEVERABILITY In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. SECTION VI —WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any 7- 1 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 one breach of any provision shall not be deemed to be a waiver of any future breach of the same or any other provision hereof. SECTION VII — ENTIRE AGREEMENT This Agreement constitutes the entire agreement between theparties relating to the subject matter of this Agreement, and supersedes any prior understanding whether oral or written and may be modified only by further written agreement between the parties hereto. The non -enforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions thereof unenforceable, invalid, or illegal. /// 111 111 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF DIAMOND BAR Im Date'�C� x �� APPROVED AS TO FARM: i FtplanningUamond Barl license helispot (2-29-12) Fire Revised.doc -9- CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY By DARYL L. OSBY Fire Chief Date APPROVED AS TO FORM: JOHN KRATTLI Acting County Counsel By Deputy Exhibit A s x LU c O :,_. cz U O J a 0 N cz O. .7D 2 Exhibit A i' ++ 's W Exhibit C Page 1 of 2 Scope of Work The following is the scope of work for J.C. Chang & Associates, Inc. (JCCA) as submitted to the Los Angeles County, Department of Public Works, for engineering design services relating to construction of Helispot 120A. Scope of Work A. Review existing conditions. B. Complete a survey of the site including the current helipad, adjacent slopes, existing east and west drainage ditches, portion of access road, etc. C. Prepare a soils report of the project area. D. Earthwork/Grading Design will include the following: 1. Stockpile the existing crushed rock for reuse. 2. Design excavation of 8' to 10' wide of existing pad around three sides. Key into original slope, backfill, and compact to form a buttress around the pad. 3. Over -excavate and re -compact under the two helipads. This will provide compacted subgrade soils under the helipads. 4. Re -grade pad to provide sheet flow runoff to perimeter drains. No runoff will be allowed to flow off the edge of the pad where it would erode the slope. E. Design native planting, temporary irrigation and/or jute netting to stabilize the perimeter slopes. F. Replace the two precast concrete helipads. Verify required location with the County. G. Provide book, specifications for earthwork, drainage ditches, etc. Landscaping is minimal (native planting for slope erosion control) and will be covered by notes on the drawings. H. Design the repair of the existing eroded slope. Design paved ditches, curb and gutter, etc. to route the runoff to new paved down drain ditches. Connect the existing ditches on the east and west sides. I. Prepare construction cost estimate for the work. J. Submit design for Plan Check. Resolve all Plan Check comments. K. Submit progress drawings to Los Angeles County Public Works for review at 85% and 100% complete. IL Work Not Included A. As discussed, it is not anticipated that any of the following will be required and they are not included in this scope of work: 1. Storm Water Pollution Prevention Plan (SWPPP) 2. Filing Notice of Intent (NOI) with the State 3. Standard Urban Stormwater Mitigation Plan (SUSMP) 4. Low Impact Design (LID) 5. Los Angeles County Plan Check 6. Repair and/or Replacement of the existing paved access road. B. Construction Support: Following plan check approval, LACDPW will determine what, if any, construction support will be required. C. No utilities such as power, lighting, water, communication, etc. are required. Page 2 of 2 FMI s x w DARYLL.OSSY FIRE CHIEF FORESTER & FIRE WARDEN March 1, 2012 Mr. James De Stefano City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Exhibit E COUNTY OF LOS ANGELES Page 1 of 3 FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063-3294 (323) 831-2379 EVIDENCE OF FUNDING OF INDEMNITY OBLIGATION: HELICOPTER LANDING SITE Dear Mr. De Stefano: This Evidence of Funding of Indemnity Obligation (Evidence) is the County of Los Angeles' authorized statement that it has elected to self -fund its potential financial obligations that may arise from the use of the helicopter landing site, helispot 120-A in the city of Diamond Bar. This self -funding of liability is limited to and determined solely by the terms of the offer of use and is provided in lieu of commercial insurance coverage, and applies only to the extent permitted by State Law. This Evidence is provided for informational purposes only, and does not affect or expand any of the County's obligations pursuant to the Agreement. By accepting this Evidence, the recipient acknowledges and agrees that the County is not an insurance company, and that no insurance obligation or relationship exists or will be established in any manner whatsoever between the County and the above identified organization. The County is permitted to self -fund its liabilities arising from acts or omissions of the County, its appointed and elected officers, employees, and volunteers (except for actual fraud, corruption or malice) under California Government Code Sections 989-991.2, County Code Chapter 5.32 and Articles 1 and 2 of the County Charter. The liabilities that the County self - funds include general and auto liability and workers compensation. SERVINGTHE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS CALABASAS DIAMOND BAR HIDDEN HILLS LA MIRADA MALIBU POMONA SIGNAL HILL ARTESIA CARSON DUARTE HUNTINGTON PARK L.4 PUENIE MAYWOOD RANCHO EUOS VERDES SOUTH EL MONTE AZUSA CERRITOS EL MONTE INDUSTRY LAKEWOOC NORWALK ROLLING HILLS SOUTH GTE BALDWIN PARK CLAREMONT GARDENA INGLEWOOD LANCASTER PAIMDALE ROLLING HILLS ESTATES T'EMYLE CITY BELL COMMERCE GLENDORA IRWINDALE LAVINDALE PALOS VERDES ESTATES ROSEMEAD WALNUT 6ELLGARDENS COVINA HAWAIIAN GAFAENS LACANADA-FLINTRIDGE LOMITA PARAMOUNT SAN DIMAS WEST HOLLYWOOD BELLFLOWER CUDAHY HAWTHORNF LA HASSA LYNWOOD PICO RIVERA SANTA CLARITA WESTLAKEVILLAGE BRADBURY WHIT -HER Mr. James De Stefano City of Diamond Bar March 1, 2012 Page 2 Page 2 of 3 County shall indemnify, defend, and hold harmless the City of Diamond Bar from and against any liability arising from or connected with the County's negligent acts and/or omissions arising solely from and/or relating to County of Los Angeles Fire Department's use of facility as stated in the License Agreement so long as the License Agreement is in effect. Questions concerning this Evidence should be directed to the County of Los Angeles Fire Department, Risk Management Division at (323) 881-2379. Claims for damages concerning the training must be filed in writing with the Executive Office of the Board of Supervisors, Kenneth Hahn Hall of Administration, Room 383, 500 West Temple Street, Los Angeles, CA 90012. Sincerely, Michael Kranther, Division Chief Risk Management Division c: CEO/Risk Management Operations, Aguirre, Montoya stx= OF rang I1 D&TARTMENT OF INDUSTRIAL RELATIONS OFFICE of TBE DET=TOR HuEB 7002 CERTIFICATE OF CONSENT TO SELF -INSURE THIS IS 20 CERTIFY, That COUNTY OF LOS .ANGELES has compliedwith the requirements of the Director of Industrial Relations under the provisions of Sections 3100 to 3705, inclusive, of the labor Code of the State of California and is hereby granted this Certificate of Consent. to Self -Insure. - This certificate may be revoked at any time for good cause pursuant to Labor Code Section 3702. EFFECTIVE Rarcb I, IM DERARTKENT OF I USTRIAL RELATIONS OF SHE STATE OF CALIFORNIA DIFF czptocn, 7 �TrrRTi FD. P,e s Page 3 of 3 Agenda # Meeting Date: 5101112 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members ofthe City Council 10* FROM: James DeStefano, City Manager I0 J TITLE: ACCEPTANCE OF WORK PERFORMED BY ACE CONSTRUCTION, INC FOR THE CONSTRUCTION OF SYCAMORE CANYON TRAIL – PHASE IV; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE RECOMMENDATION: Accept the work performed by ACE Construction, Inc; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: There is $468,985 appropriated for the design and construction of this project. Total cost to complete the project is $445,312.54. Funding is from three grants; Rivers and Mountains Conservancy Grant ($76,230), Recreation Trails Grant ($304,920), and Prop. 84 NEFP Grant ($61,063). The Prop 84 Grant is matched with $3,099.54 in Quimby Funds to cover the total construction costs. The remainder of the funding, which was not spent is $10,286.46 in Quimby Funds and $13,386 in Park Development Funds. Following is the breakdown of project costs: Project Costs: Construction Contractor (Original Contract) $ 345,217.08 Construction Change Orders— Total of 6 $ 27,752.08 Design & Development of Construction Documents $ 61,687.00 Plan Check & Construction Inspection $ 6,512.00 Plans & Specs Photocopies and Bid Release Ads $ 2,911.78 Archeological & Cultural Investigations (required by grants) $ 1,232.60 TOTAL PROJECT COST $ 445,312.54 BACKGROUND: The City Council awarded a contract in the amount of $345,217.08 to ACE Construction on September 20, 2011 to construct the Sycamore Canyon Trail – Phase IV. This trail is located on the upper mesa behind the homes located on Rio Lobos Road, in Sycamore Canyon Park. This is the final trail section for the Sycamore Canyon Park trail system. Incorporated into this project are ten interpretive panels, constructed in both Sycamore Canyon Park and along the Summit Ridge Park Trail System. These panels describe the flora and fauna native to the area, provide cultural and historical information, and present information about features that may be viewed in the distance from the trails. Also included in this project are benches, picnic tables, exercise equipment, drainage improvements, timber steps, lodgepole fencing, decomposed granite trail surfacing, and natural habitat for local fauna. There were six Change Orders approved for this project, one deductive for $7,264.12 and five additive totaling $35,016.20, resulting in a net Change Order total of $27,752.08 per the following detail: Change Order #1 -$7,264.12 Change Order #2 $ 3,458.21 Change Order#3 $1,832.64 Change Order #4 $19,866.48 Change Order #5 $6,201.71 Change Order #6 $3,657.16 TOTAL $27,752.08 Removal of Bid Items #22, 23, 24 & 25' from project. Additional cut and fill at upper trail loop. Additional fill dirt for wall backfill. Purchase and installation of 10 interpretive panels. Import of additional base material for timber steps. Installation of 2" X 4" support boards at stair treads. *Elimination of 275 sq ft of retaining wall and related items from project. Total cost of the project, including the six Change Orders is $445,312.54. The work was substantially completed on April 5, 2012 and is now ready to be accepted. DISCUSSION: The grand opening for this trail is scheduled for Saturday, May 5, 2012 at 10:00 A.M. The neighborhood has been invited to attend. PR E)a Ef A D REVIEWED BY: 'f f Bob . s� Director of Community Services Attachment: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the properly hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21810 Copley Drive Diamond Bar CA 91765 _ 4. The nature of the interest or estate of the owner is; "In Fee" Of other than to, strike "In fee" and insert, for example, "porohasrr, under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES _ 6. A work of improvement on the property hereinafter described was completed on April 5 2012 The work done was: Construction of Improvements to Sycamore Carryon Park Trail - Phase IV 7. The name of the contractor, if any, for such work of improvement was ACE Construction, Inc. 9/20/11 '(If no contractor for work of improvement as a whole, insert"none") (Date ofConcio, 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, - State of California, and is. described as follows Sycamore Canyon Park Trail — Phase fV in Diamond Bar, CA 9. The street address of said property. is 22930 Golden Smogs Drive Diamond Bar, CA 91765 Ofo. street add., has been omciiilly assigned, insert "nonee') CITY OF DIAMOND BAR Dated: Verification for Tndividual Owner Signature ofowner or cerporate Ounce, of oam wner roared in paragraph 2 or hi, agent VERIFICATION I, the undersigned, say: I acn the f declarant of the - oregomg ("resident of', "Manager of," "A Oarmer of," "Owner of," etc J notice of completion; I have read said notice of completion and know the contests thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 120 12 , at Diamond Bar , California. (Date of eipatnre) (City where signed) (Personal signature fthe individual who is swearing that the contents of the notice ofcompiction are too) - Agenda # 6.9 Meeting Date: 5101112 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Michael Jenkins, City Attorney TITLE: Second Reading of Ordinance 08(2012) Amending Municipal Code Section 1.04.010(e) Pertaining to Nuisance Abatement Attorney's Fees. RECOMMENDATION: Approve for Second Reading by Title only, Waive full reading of Ordinance No. 08(2012) and adopt. FINANCIAL SUMMARY: The Ordinance may result in a positive fiscal impact through ensuring that the City may recover attorney's fees and court costs in nuisance abatement actions that would likely withstand judicial scrutiny if challenged. BACKGROUND: On April 17, 2012, the City Council approved for first reading by title only Ordinance No. 08(2012) to amend Section 1.04.010(3) of the Diamond Bar Municipal Code. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Ordinance No. 08(2012) Reviewed by: Assistant City `Manager ORDINANCE NO. 08(2012) AN ORDINANCE AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 1.04.010(e) REGARDING AWARD OF ATTORNEY'S FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. The City Council for the City of Diamond Bar does ordain as follows: SECTION 1: Section 1.04.010(e) of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: "(e) Public nuisance. In addition to the penalty provisions set forth in paragraphs (a), (b), (c), and (d) of this section, any condition, use or activity caused or permitted to exist in violation of the provisions of this Code or in violation of any permit, license, approval or entitlement shall be deemed a public nuisance and may be abated by the city by any lawful means, including but not limited to administrative abatement proceedings, cost recovery proceedings pursuant to Section 22.78.070, restraining order or injuncition. Attorney's fees, expert fees, and court costs shall be awarded to the prevailing party in any action taken by the city to abate a public nuisance pursuant to this section and/or Chapter 22.78 of this Code if, and only if, the city seeks the award of attorney's fees and court costs at the initiation of such legal action or proceeding. The attorney's fees recoverable pursuant to this section shall be limited to the reasonable attorney's fees incurred by the city in the legal action or proceeding, regardless of the actual cost of any party's attorney's fees." SECTION 2: CEQA. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 4: This Ordinance will take effect on the 31st day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 17th day of April, 2012. Ling -Ling Chang, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing ordinance was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day of April 2012, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar Agenda # 6.10 Meeting Date: May 12012 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the Cit)�Council rl� VIA: James DeStefano, City Manage jj TITLE: AMEND THE CROSSING GUARD SERVICES CONTRACT WITH ALL CITY MANAGEMENT SERVICES, INC. TO EXTEND THE CURRENT CONTRACT FOR A PERIOD OF TWO (2) YEARS (7/1/12 — 6/30/14) RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2012-2013, a budget amount of $133,250 has been proposed for crossing guard services. With a three-hour maximum per site, the City anticipates an expenditure of approximately $126,000 for crossing guard services covering seventeen (17) locations. This estimate does not include summer school services. The current rate is $13.24 per hour. The proposed rate is $13.43 per hour, which represents 1.4% increase. This amounts to a total increase of $6,500 above the prior year expenditure. The rate of $13.43 will be fixed for the term of this contract amendment. a_114203 203 ;T61I R 171 DI I-Z4IRRY91 -M The City's contract with All City Management, Inc. began July 1, 2009 and will expire on June 30, 2012, All Management Services, Inc. has submitted a letter of intent which indicates their commitment to meet all of the terms and conditions of the original agreement and expresses its desires to continue providing services to the City at the fixed rate of $13.43 for the two (2) year extension period. Crossing guard services are provided to assure the safety of school -aged children, pedestrians, parents, and others when crossing streets utilizing crosswalks in the vicinity of their respective schools. The City requires all crossing guards to be properly trained and supervised in order to carry out their responsibilities. It is expected that crossing guards will provide three hours of service per school day for each intersection. • Crossing Guard Locations The following is a list of locations for schools within the Walnut Valley and Pomona Unified School Districts currently being served by Diamopd Bar crossing guards. Walnut Valley Unified School District 1. Castle Rock Elementary 2. Castle Rock Elementary 3. Evergreen Elementary 4. Evergreen Elementary 5. Maple Hill Elementary 6. Walnut Elementary 7. Walnut Elementary 8. Quail Summit Elementary 9. Quail Summit Elementary 10. Chaparral Middle School Pomona Unified School District 11. Diamond Point Elementary 12. Diamond Point Elementary 13. Golden Springs Elementary 14. Golden Springs Elementary 15. Neil Armstrong Elementary 16. Neil Armstrong Elementary 17. Lorbeer Middle School RECOMMENDATION: Cold Springs Lane at front of school Castle Rock Road & Cold Springs Lane Harmony Hill Drive & Evergreen Springs Pathfinder Road & Evergreen Springs Blenbury Drive & Maple Hill Road (in front of school) Golden Springs Drive & Lemon Avenue Glenwick Drive & Lycoming Drive Quail Summit Drive & Winterwood Lane Forrest Canyon near Park (mid -block) Diamond Bar Blvd & Mountain Laurel Way Golden Springs & Sunset Crossing Road Sunset Crossing Road & Del Sol Lane Ballena Drive & Meadow Falls Drive EI Encino Drive & Prospect Valley Drive Beaverhead Dr. & Cottonwood Cove Dr. Clearview Crest Drive & Chicora Drive Diamond Bar Blvd. & Golden Springs Dr. During the contract term, All City Management Services, Inc. has worked satisfactorily to provide crossing guard services and staff has been pleased with overall performance of this contractor. Staff is recommending the renewal of its contract with All City Management for the 2012-2013 and 2013-2014 Fiscal Years. PREPARED BY: Christian Malpica-Perez, Associate Engineer REVIEWED $Y David G. Liu Director of Public Works/City Engineer Attachment: Amendment No. 1 Date Prepared: April 26, 2012 AMENDMENT No. 1 TO THE AGREEMENT FOR CROSSING GUARD SERVICES This Amendment No. 1 to the City's Contract Agreement is made and entered into this 1s` day of May, 2012 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and ALL CITY MANAGMENT SERVICES, INC. (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with All City Management Services, Inc. to provide Crossing Guard Services. A true and correct copy of which dated June 2, 2009. (ii) CONTRACTOR has requested a two-year extension proposal ("PROJECT" hereinafter), a full, true and correct copy of which attached hereto as Exhibit "A' to extend said services for a period of two (2) years. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Agreement: Section 1: Section 2 of the agreement is hereby amended to read as follows: Term of Agreement. The term of this Agreement shall commence July 1, 2012 and shall be extended through June 30, 2014. Section 2: Section 3 of the Agreement is hereby amended to read as follows: 3. Compensation. CITY agrees to compensate CONTRACTOR for each service, which CONTRACTOR performs to the satisfaction of CITY in compliance with the schedule set forth in Exhibit "A". Payments will be made only after submission of proper monthly invoices in the form specified by CITY. Payments to CONTRACTOR pursuant to this Agreement shall not exceed (thirteen dollars and forty-three cents ($13.43) per hour). Exhibit"A" of this agreement is hereby attached hereto and incorporated herein. Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above. "CITY" ATTEST: Tommye Cribbins, City Clerk APPROVED AS TO FORM: 0 City Attorney Ling -Ling Chang, Mayor "CONTRACTOR" ALL CITY MANAGEMENTSERVICES Baron Farwell, General Manager EXHIBIT "A" i X/ 5A 5 Fv^�J April 23, 2012 Christian Malpica, Associate Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Chris; As per our last conversation please allow this letter to supersede any prior communications from All City Management Services (ACMS) regarding the pricing for Crossing Guard services for the next 2 fiscal years. The City of Diamond Bar and ACMS have agreed to a price of $13.43 per hour, per guard for Crossing Guard services for the 2012-2013 and 2013-2014 fiscal years. We will maintain all of the standards of performance we have previously agreed to contractually and are prepared to sign such an agreement when provided. We look forward to another safe and successful school year. If you have any questions, please feel free to contact me. Sincerely, `'Baron Faiwell, General Manager Agenda #7.1 Meeting Date: May 1, 2012 CITY COUNCIL 9 AGENDA REPORT C��CnRPO(Lkl� � r9S9. TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Marg TITLE: RESOLUTION 2012 -XX, A RESOUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A D ADOPTING A SCHEDULE OF RATES, FEES, AND CHARGES FOR SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT, COMMUNITY SERVICES, AND PUBLIC WORKS DEPARTMENTS OF THE CITY OF DIAMOND BAR RECOMMENDATION: Adopt. FISCAL IMPACT: Upon implementation, fees would be amended per the terms of the Council's approved user fee schedule adjustments. Overall revenues generated by user fees are dependent upon activity volumes. If approved, new fee rates for all categories would go into effect on July 1, 2012 (including Planning fees since the effective date is 60 days from the time of adoption). BACKGROUND: User fees are levied when City services are provided to individuals, groups, or businesses, often for personal or financial benefit, and differ from general purpose revenues that fund universally beneficial programs or services like public safety. Therefore, the general assumption is that the cost of providing these services should be primarily borne by the individual receiving the benefit rather than be fully subsidized by the City, and in turn, the local population as a whole. At a public hearing on September 21, 2010, after eleven years without user fee increases, the City Council approved a three year phased adjustment process. The process preserves the City's resident and business friendly practices while capturing a greater percentage of actual service costs, and is implemented as follows: • A 29.4% maximum standard increase, based on the sum of the annual March -to -March Consumer Price Index, Urban Wage Earners & Clerical Workers (CPI) rate from 1998-2009. • The increase shall be phased over three years in equal increments, at a maximum rate of 9.8% per year. • In addition to the standard adjustment to eligible fee line items, a CPI increase is applied during the phasing period and each year thereafter to ensure the City's adjustments remain current. This year's CPI adjustment is 2%. • The very few fees found by the City's study to already be at full cost recovery levels are adjusted only by the annual CPI escalator. • The standard equal phased and CPI adjustments are applied to each stand-alone piece of the component -based Building & Safety/EP&M user fees. • Since Building Construction fees were updated by Council direction in a public meeting on November 15, 2011, they do not require additional adjustments beyond the annual CPI adjustment factor of 2%. Valuation factors shall continue to be based on the latest industry - standard valuation tables published by the International Code Council (ICC). Staff implements the most updated version of the ICC table upon its release. • Community Services User fees have undergone more regular updates over the years and are not currently subject to adjustment. Should adjustments become necessary in the future, staff will bring recommendations to the Council for consideration. • Each year going forward, all fees shall be adjusted based on the established March -to -March CPI factor to ensure ongoing business costs are captured accurately. Consistent with the Council's previous direction, staff recommends approval of the fee adjustments as outlined above. Prepared by: P.., k2— Ry clean Assik6nt to the City Manager Attachments: Resolution 2012 -XX RESOLUTION 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT, COMMUNITY SERVICES, AND PUBLIC WORKS/ENGINEERING DEPARTMENTS OF THE CITY OF DIAMOND BAR A. RECITALS 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, at the September 21, 2010 Public Hearing, the City Council of the City of Diamond Bar established a three-year phased adjustment of various schedules of rates, fees, and charges for the processing of applications, permits, and other municipal services (approved user fee adjustments); and WHEREAS, prior to the implementation of the City Council's approved user fee adjustments, user fees had remained largely unchanged since 1998; and WHEREAS, the user fee adjustments reflected in Exhibit A of this Resolution represent the second of the three phased adjustments; and WHEREAS, the City Council's approved user fee adjustments established a not -to -exceed increase of 29.4%, based on the sum of the federally reported March -to -March annual Consumer Price Index for Urban Wage Earners & Clerical Workers — Los Angeles/Orange Counties (CPI) from 1998- 2009, for all Community Development/Planning, Public Works/Engineering, and Building & Safety/Electrical, Plumbing, & Mechanical (EP&M) user fees; and WHEREAS, the prescribed increases for all Community Development/Planning, Public Works/Engineering, and Building & Safety/Electrical, Plumbing, & Mechanical (EP&M) user fees shall be phased in equal increments over three years (FY 2010-11, FY 2011-12, and FY 2012-13); and WHEREAS, the City Council's publicly approved user fee adjustment terms prescribe that all Community Development/Planning, Public Works/Engineering, Building & Safety/Electrical, Plumbing, & Mechanical (EP&M), and Building Construction user fees shall be increased annually by the Consumer Price Index (CPI) for Urban Wage Earners & Clerical Workers — Los Angeles/Orange Counties for the twelve month period from March to March; and WHEREAS, the City's valuation -based Building Construction fees shall be calculated using the most recently updated industry -standard data provided by the International Code Council (ICC); and WHEREAS, at this time, no increases are proposed to the City's Community Services User Fees; and WHEREAS, the City Council desires to implement rates, fees, and charges for various municipal services provided by the City of Diamond Bar as set forth in the publicly approved user fee adjustments. 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 at the September 21, 2010 Public Hearing and corresponding staff reports, 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 meet the terms of the Council's approved user fee adjustments and 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. All fees and charges set forth in Exhibit A shall be administratively adjusted annually on July 1 of each year by the Consumer Price Index (CPI) for Urban Wage Earners & Clerical Workers — Los Angeles/Orange Counties for the twelve month period from March to March. SECTION 4. If any part or provision of this Resolution or the application of the user fees contained in Exhibit A to any person or circumstance is held invalid, the remainder of this Resolution and the user fees contained in Exhibit A adopted hereby, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Resolution are severable. SECTION 5. The rates, fees, and charges set forth in Exhibit A shall supersede the previously established rates for Community Development/Planning, Community Services, Public Works/Engineering, and Building & Safety/Electrical, Plumbing, & Mechanical (EP&M) and Building Construction user fees. Resolutions 2010-33, 2010-36, 2011-20 and 2011-48 are hereby rescinded. SECTION 6. The rates, fees, and charges set forth in Exhibit A shall become effective and implemented on July 1, 2012, including those for the Planning Division, which shall become effective sixty (60) days from the adoption of this Resolution to satisfy the requirements of Government Code Section 66017 regarding the fees imposed on development projects. PASSED, APPROVED, AND ADOPTED this 1st day of May, 2012. Ling -Ling Chang, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2012 -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 1st day of May, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar EXHIBIT CITYOFDIAMOND BAR COMMUNITYAND DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION FEE SCHEDULE 2012-13 ACTION FEE AdvancePlanning Annexation $5,563.32 Deposit Development (Zoning) Code Amendment $5,563.32 Deposit Development Agreement $4,172.49 Deposit General Plan Amendment $5,631.37 Deposit Specific Plan $5,563.32 Deposit Zone Change/Map Amendment $5,563.32 Deposit Current Planning (Discretionary) Administrative Development Review $1,390.83 Deposit Adult Oriented Business/Entertainer Permit $2,474.45 Deposit Animal Permit $236.44 $973.58 No public hearing Deposit — With public hearing Comprehensive Sign Program $973.58 Deposit Conditional Use Permit $1,390.83 $2,781.66 Minor, Deposit Major, Deposit Development Review $2,781.66 Deposit Extension of Time $118.22 $973.58 No public hearing With public hearing Large Family Daycare Permit $1,963.38 $4,180.09 No public hearing With public hearing Miscellaneous/Special Studies Actual Cost of providing document plus City overhead Parcel Map Waiver $1,360.81 Deposit Parking Permit $591.10 $1,390.83 Deposit — No public hearing Deposit— With public hearing Revision after TTM or TPM is approved $2,781.66 Deposit Temporary Use Permit $236.44 $973.58 No public hearing Deposit - With public hearing Tentative Parcel Map (TPM) $4,172.49 Deposit Tentative Tract Map (TTM) $6,954.15 Deposit Tree Permit $591.10 $973.58 No public hearing Deposit - With public hearing Variance $591.10 Minor, Project $2,781.66 Major, Deposit Environmental ' California Department of Fish and Game $34.77 City processing fee Plot Plan Review $75.00 County processing fee Preliminary Project Review $2,792.25 CDFG EIR review Sign Review $2,010.25 CDFG Neg. Dec. review Environmental Analysis Actual cost including all City staff and processing costs (i. e.,Environmental Impact Report (EIR) or plus consultant costs including City overhead to be paid Negative Declaration preparation) by applicant. Deposit to be determined by Community Appeals Development Director Environmental Mitigation Monitoring Program Cost to be determined as part of the FIR or Negative Certificate of Compliance Declaration Mitigation Monitoring program to be Concurrent filed applications included as a project condition of approval. Includes Copying Consultant, staff, etc. Ministerial Review Code Enforcement $118.22 Simple Plot Plan $472.88 Plot Plan Plot Plan Review $236.44 Project Preliminary Project Review $1,390.83 Deposit Sign Review $62.20 Project Temporary Sign Review $34.77 plus $100.00 refundable deposit when sign is removed Zoning Clearance $41.72 Miscellaneous/Other Appeals $695.42 If more money is required to process an appeal, fee shall be determined by the Community Development Director CC&Rs Review $2,086.25 Initial Deposit; (Actual cost based on City's Attorney's fees for review) Certificate of Compliance $547.55 Concurrent filed applications One deposit shall be accepted (the largest deposit listed) and all applicants shall be processed as actual cost charged against the one deposit Copying $0.25 Per copy (5 page or less = No charge) Film Permits $570.14 Project Interpretation $695.42 Deposit Permanent Record Retention $2.00 Per sheet of plans collected at the time of submittal Projects for which there is no fee category Actual cost deposit to be determined by the Community Development Director Public Convenience & Necessity (ABC) $236.44 Project Quimby Fees (In -Lieu Park Fees) Fees determined during discretionary review for residential projects and are based upon an appraisal of the land Research Actual cost deposit to be determined by the Community Development Director SEATAC Review Add 50% to the deposit for concurrent application CITY OFDIAMOND BAR PUBLIC WORKS & ENGINEERING DEPARTMENT FEE SCHEDULE 2012-13 ACTION FEE As-Builts $2,781.66 Minimum Deposit Minor Amendments/'Revisions To Improvement Plans Certificate of Correction $2,437.39 Minimum Deposit For Any Changes To Final Recorded Maps Change of Address $355.84 Each Changes of Individual Addresses, Assigning of New Addresses (New Subdivision) Change of Improvement Plans $2,781.66 Minimum Deposit Changes Made Prior To City Approval Construction/Demolition $202.67 Each Monitoring Such Activities to Ensure Proper Diversion of Reeyelables Curb & Gutter, Plan Check $118.22 Minimum Installation in Public Right -of -Way $0.63/L.F. Curb & Gutter, Inspection $271.21 Minimum Installation in Public Right -of -Way $0.63/'L.F. Curb Core Inspection $110.00 Parkway Drain Inspection $354.66 DedicationNacation $1,738.54 1-10,000 S.F. Residential (One Lot) & All Others $4,172.49 10,000+ S.F. Drainage/Parking ,Lots $236.44 Projects with 50 CY of Grading or Less Require Drainage Plan Approval Quantity Calculated = Cut + Fill Drainage Inspection (Rip -Rap) $2,274.13 Minimum Deposit For Hillside Drainage Projects Driveway Approach, Plan Check $118.22 For Residential or Commercial Access Driveway Approach, Inspection $389.43 For Residential or Commercial Access Dumpsters $62.59 Per Day Use of Trash Dumpsters in Public ROW $78.47 Per Week Easement Checking $1,738.54 1-10,000 S.F. Residential (One Lot) $4,172.49 10,000+ S.F. Subdivisions (Tract/Parcel) Engineering Review $2,781.66 Minimum Deposit Any Plan Check/Inspection Not Listed Supplemental Submittals (After 3 Submittals) $2,210.69 Minimum Deposit Each Submittal of Unresolved Plan Checks Geotechnical & Geological Reports $2,567.38 Minimum Deposit For All Grading/Subdivision Projects and Construction in Restricted Use Area Geotechnical Observation $2,818.98 Minimum Deposit Observation by Geotechnical Engineer of Grading Activities Grading, Plan Check $304.45 50-100CY Projects with 51 CY or Greater Require Grading Plan Approval & Permit $269.21 101-1,000 CY Quantity Calculated = Cut + Fill +$70.02 Per 100 CY in excess of 101 $1,081.51 1,001-10,000 CY +$74.97 Per 1,000 CY in excess of 1,001 $1,756.20 10,001-100,000 CY +$44.51 Per 1,000 CY in excess of 10,001 $4,595.27 100,001-500,000 CY +$122.53 Per 10,000 CY in excess of 100,001 $5,908.94 500,001 or more CY $122.53 Per 10,000 CY in excess of 500,001 Grading, Inspection $236.44 50-100CY Projects with 51 CY or Greater Require Grading Plan Approval & Permit $258.00 101-1,000 CY Quantity Calculated = Cut + Fill +$75.66 Per 100 CY in excess of 101 $939.64 1,001-10,000 CY +$63.42 Per 1,000 CY in excess of 1,001 $1,509.61 10,001-100,000 CY +$40.47 Per 1,000 CY in excess of 10,001 $2,471.34 100,001 or more CY +$100.97 Per 10,000 CY in excess of 100,001 House Numbering $1,000 Deposit Painting House Numbers on Public Curbs Hydrology & Hydraulic Reports $2,781.66 Minimum Deposit For All Major Grading/Subdivision Projects And Construction in Flood Control Area Subdivision Agreement Review/Preparation $354.66 Each Review of Subdivision Agreements Prior to Final Map Approval Improvement/Security Agreement $354.66 Each Review Engineer's Estimates for Bonding Purposes of Grading, Sewer, Storm Drain Street, Landscape, & Monumentation Other Field Inspection $710.46 Minimum Deposit Any Field Inspections Not Previously Listed Lane Closures $243.40 Per Week Work on Private Property, Block Parties Any private use Traffic Control, Plan Check $750.00 Minimum Deposit Per Sheet For Projects Requiring Traffic Control Plans For Public Street Closures Traffic Control, Inspection $2,533.39 Minimum Deposit For Projects Requiring Traffic Control Plans For Public Street Closures Map Analysis, Plan Check $1,390.83 1-5 Lots/Parcels Tract & Parcel Maps $1,808.08 6-10 Lots/Parcels $2,433.95 11-25 Lots/Parcels $3,894.32 26-50 Lots/Parcels $6,050.11 51-100 Lots/Parcels $9,040.40 101-150 Lots/Parcels $9,040.40 151+Lots/Parcels +$48.68 Per Lot/Parcel Over 151 Minor Lot Line Adjustment, Plan Check $2,781.66 Minimum Deposit Monitoring Well $202.67 Quarterly Lane Closure Permits for Public Streets $271.21 Semi -Annual $389.43 Annual Other Engineering Reports, Plan Check $2,528.13 Minimum Deposit Any Engineering Reports Not Listed Re -Inspection Fee $575.78 Minimum Deposit Re -Inspection Due to Failed Inspections, Corrections Required, Premature Inspections, Or Other Additional Requests Septic Tank, Plan Check $762.26 Minimum Deposit Review of Conformance With State Guidelines. Permits Issued by B&S Sewer Plans, Plan Check $354.66 Minimum Sewer Work, Public/Private Mainline/Lateral $2.36/L.F. Sewer Plans, Inspection $507.65 Minimum Sewer Work, Public/Private Mainline/Lateral $3.62/L.F. Sewer Saddle/Lateral $389.43 Project Installation of Sewer Laterals Only Sewer System Overflow $405.34 Project Enforcement of Sewer System Overflows Reported by L.A. County Sidewalk, Plan Check $118.22 Minimum Cuts, Removal/Replacement $0.63/S.F. Residential or Commercial Sidewalk, Inspection $271.21 Minimum Cuts, Removal/Replacement $0.70/S.F. Residential or Commercial Street Plans, Plan Check $709.32 Minimum For All New Public/Private Streets $0.17/S.F. Street Plans, Inspection $744.09 Minimum For All New Public/Private Streets $0.07/S.F. Stock Piling, Plan Check $271.21 Retention of Dirt For Established Period of Time Stock Piling, Inspection $209.22 Retention of Dirt For Established Period of Time Storm Drain, Plan Check $312.94 Minimum For All Storm Drain Work, Public/Private $2.36/L.F. Mainline, Laterals Storm Drain, Inspection $452.02 Minimum For All Storm Drain Work, Public/Private $3.62/L.F. Mainline, Laterals Storm Drain Transfer to County $973.58 Each Storm Drain/Sewer Structure Review/Inspect. $152.99 Each Any Storm Drain/Sewer-Related Junction Standard Urban Stormwater Mitigation Plan $2,781.66 Minimum Deposit SUSMP Time Extension, Improvement Agreement $389.43 Each Time Extension, Unexpired Plan $152.99 Each Checks/Permits Traffic Studies & Mitigation Reports $2,781.66 Minimum Deposit Transportation Permits $16.00 Oversize Load, Weight, Width, Length, Height, Etc. Utilities $271.21 1-150 S.F. Cut $389.43 151-500 S.F. Cut $507.65 501-1,000 S.F. Cut CITYOFDIAMOND BAR COMMUNITYAND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION ELECTRICAL, PLUMBING, & MECHANICAL FEE SCHEDULE 2012-13 ACTIQN FEE Administrative & Miscellaneous Fees Permit Issuance $34.77 Supplemental Permit Issuance $26.01 Standard Retention Fee $2.00 Mechanical Permit Fees Minimum Inspection Fee: Mechanical $59.11 Unit Fees: A/C, Residential (Each) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Furnace (F.A.U., Floor) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Heater (Wall) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Refrigeration Compressor Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Boiler Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Chiller Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Heat Pump (Package Unit) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Heater (Unit, Radiant, Etc.) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Air Handler (Each) 2000 CFMs $11.82 2001-3,999 CFMs $34.91 4000-10,000 CFMs $34.91 10,001+ CFMs $60.50 Duct Work (Only, New) 1-10 Registers $40.33 11 -3 0 Registers $121.00 31-50 Registers $183.67 51+ Registers $187.34 Alterations 1-10 Registers $40.33 11-30 Registers $121.00 31-50 Registers $183.67 51+ Registers $187.34 Evaporative Cooler 1-12,000 BTUs $20.31 12,001-24,000 BTUs $20.31. 24,001-36,000 BTUs $20.31 36,001-48,000 BTUs $20.31 48,001+ BTUs $20.31 Inlet & Outlet Served by AC System $4.03 (Register, Each Moisture Exhaust Duct (Clothes Dryer, Each) $31.43 Ventilation Fan Connected to a Single Duct $14.74 (Each) Vent System (Each) $31.43 Exhaust Hood/Fan/Duct (Residential, Each) $60.50 Exhaust Hood, Type 1 $60.50 Commercial Grease Hood, Each Exhaust Hood, Type 2 $60.50 (Commercial Steam Hood, Each) Spray Booth Served By Mechanical Exhaust, $60.50 Including Fans & Ducts attached Thereto Refrigerator Condenser Remote Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Walk-in Box/Refrigerator Coil Minimum Inspection Fee: Plumbing & Gas Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Install/Relocate Forced Air or Gravity -Type Furnace or Burner (Including Attached Ducts Gas Piping System First 5 After First 5 (Each) & Vents) Gas Meter (Each) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Install/Relocate Suspended Heater, Recessed Wall Heater, or Floor Mounted Unit Heater (Each) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Repair/Alter/Add Heating Appliance, Refrigeration Unit, Cooling Unit, Absorption Unit, or Each Heating, Cooling, Absorption, or Evaporative Cooling System, Including Installation of Controls (Each) Up to 100,000 BTUs $25.03 100,001-500,000 BTUs $47.29 500,001+ BTUs $121.40 Fire Damper (Each) $9.87 Garage Ventilation System (Each) $31.43 Product Conveying System (Each) $31.43 Appliance or Piece of Equipment Not Classed $31.43 in Other Appliance Categories, or For Which No Other Fee Is Listed Fire Suppression System $9.87 Other Mechanical Inspections (Per Hour) $118.22 Plumbing & Gas Permit Fees Minimum Inspection Fee: Plumbing & Gas $58.49 Stand Alone Plumbing Plan Check (Hourly) $118.12 Unit Fees: Gas Piping System First 5 After First 5 (Each) $75.80 $3.89 Gas Meter (Each) $15.16 Gas Pressure Regulator (Each) $15.16 Building Sewer Connection Each $43.53 Future House Sewer Section $28.09 Private Sewage Disposal System $89.15 (Septic Tank & Seepage Pit/Connection to House, Each System Fees: Disconnection, Abandonment, Alteration, or $30.60 Repair of Any House Sewer or Private Sewage Disposal System or Part Thereof (Each) Backflow Preventer First 5 $15.16 After First 5 (Each) $6.26 Water Heater and/or Vent (Each) $15.16 Water Softener (Each) $15.16 Dishwasher, Permanent (Each) $15.16 Water Pipe Repair/Replacement $15.16 Drainage or Vent Piping Repair/Alterations $15.16 (Each) Drinking Fountain (Each) $15.16 Solar Water SystemFixtures (Solar Panels, $50.49 Tanks, Water Treatment Equipment, Each) Swimming Pool Drainage Trap & Receptor $15.16 (Water Supply for Pool Not Included, Each) Medical Gas System (Each) $15.16 Plumbing Fixture/Trap or Set of Fixtures on $15.16 One Trap, Including Water, Drainage Piping, Hose Bibs, and Backflow Protection (each) Building Drain (w/o Accompanying $15.16 Plumbing, Each) Cesspool, Overflow Seepage Pit, Percolation $43.53 Test Pit, Swimming Pool Drywell, or Drainfield Extension or Replacement (Each) Private Sewage Disposal System (each) $225.31 Industrial Waste Grease Trap, Pretreatment $15.16 Interceptor, Including Trap & Vent (Each) Water Treating Equipment and/or Water $15.16 Piping Installed/Altered/Repaired (Each) Lawn Sprinkler System On any one Meter, $15.16 Including Backflow Protection Devices Therefore(Each) Backflow Devices Not Included in Other Fee $15.16 Services e.., Building/Trailer Sewer (Each) Electrical Permit Fees Minimum Inspection Fee: Plumbing & Gas $56.33 System Fees: Service, Subpanels, Switchboards or Section, Motor -Controlled Centers, and Panel Boards Up to 200 Amps $36.02 201-1000 Amps $70.52 1001+ Amps $150.77 New Single & Two -Family Residential $0.10 Buildings Per Sq. Ft. Multifamily Residential Buildings (Per Sq. $0.08 Ft.) Temporary Service Power Pole or Pedestal, $40.33 Including All Pole or Pedestal Mounted Receptacle Outlets and Appurtenances Temporary Distribution System & $20.03 Temporary Lighting & Receptacle Outlets (Each) Pre -Inspection (Per -Hour) $118.22 Private/Residential In -Ground Swimming $75.24 Pools, Spas, Therapeutic Whirlpools, Hot Tubs, New/Repairs (Each) **Includes Complete System of Necessary Branch Wiring, Bonding, Grounding, Underwater Lighting, Water Pumping, and Other Similar Electrical Equipment Directly Related to the Operation of a Swimming Pool Carnivals, Circuses, or other Traveling Shows $41.03 or Exhibitions Utilizing Transportable Rides, Booths, Displays, and Attractions With Lighting Temporary Distribution System and $15.16 Temporary Lighting and Receptacle Outlets For Construction Sites, Decorative Lights, Christmas Tree Sales Lots, Fireworks Stands, Etc. (Each) Unit Fees: Receptacle, Switch, & Lighting Outlets Receptacle, Switch, Lighting, or Other Outlets at Which Current is Used or Controlled, Except Services, Feeders, & Meters First 20 (Or Portion Thereof) $1.81 Each Additional $1.21 Lighting Fixtures Lighting Fixtures, Sockets, or Other Lamp - Holding Devices First 20 (Or Portion Thereof) $1.81 Each Additional $1.21 Pole or Platform Mounted Lighting Fixtures $2.09 (Each) Theatrical -type Lighting Fixtures or $2.09 Assemblies (Each) Residential Appliances Fixed Residential Appliances or Receptacle $10.01 Outlets For Same, Including Wall -Mounted Electric Ovens, Counter Mounted Cooking Tops, Electric Ranges, Self-contained Room Console, or Through Wall Air Conditioners, Space Heaters, Food Waste Grinders, Dishwashers (Each) "For Other Types of Air Conditioners, and Motor -Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Nonresidential Appliances Residential Appliances and Self-contained $10.01 Factory -Wired Non -Residential Appliances, Including Medical and Dental Services, Food, Beverage, and Ice Cream Cabinets, Illuminated Show Cases, Drinking Fountains, Vending Machines, Laundry Machines, etc. (Each) Residential Appliances and Self-contained $10.01 Factory -Wired Non -Residential Appliances Not Exceeding One Horsepower (HP), Kilowatt (kW), or Kilovolt -ampere (kVA) in rating, including medical and dental devices, food, beverage, and ice cream cabinets, etc. "For Other Types of Air Conditioners, and Motor -Driven Appliances Having Larger Electrical Ratings, See Power Apparatus Power Apparatus Motors, Generators, Transformers, Rectifiers, Synchronous Converters, Capacitors, Industrial Heating, Air Conditioners, and Heat Pumps, Cooking & Baking Equipment and Other Apparatus Rating in Horsepower (HP), Kilowatts (kW), or Kilovolt -amperes (kVA) $18.22 Over 3-10 $42.70 Over 11-50 $80.11 Over 51-100 $131.99 Over 101 Busways Trolley and Plug -In Type Busways (Each 100 Ft. or Fraction Thereof) $24.20 **An Additional Fee Will Be Required For Lighting Fixtures, Motors, and Other Appliances That Are Connected To Trolley and Plug -In Type Busways. No Fee is Required For Portable Tools Other Electrical Signs, Outline Lighting, or Marquees (Each) $36.02 Signs, Outline Lighting, or Marquees $11.82 Supplied From One Branch Circuit (Each) Additional Branch Circuits Within The Same $11.82 Sign, Outline Lighting System, Or Marquee (Each) Miscellaneous Apparatus, Conduits, and $60.36 Conductors (Each) Electrical Apparatus, Conduits, and $60.36 Conductors For Which a Permit is Required, But For Which No Fee is Herein Set Forth (Each) **Not Applicable When a Fee is Paid For One or More Services, Outlets, Fixtures, Appliances, Power Apparatus, Busways, Signs, or Other Equipment Photovoltaic Systems (Each) $56.33 Other Electrical Inspections (Per Hour) $118.22 Inspections Outside Normal Business Hours 0-2 Hours (Minimum Fee) $197.69 Each Additional Hour or Portion Thereof $197.69 Reinspection Fee (Each) $43.35 Inspections For Which No Fee is Indicated (Per Hour, Minimum Charge of'/ Hour) $86.69 Electrical Plans Over 2000 Sq. Ft. 2000-4000 (2 Hrs.) $173.38 4001-6000 (3 Hrs.) $260.07 6001-8000 (4 Hrs.) $346.76 8001-10,000 (5 Hrs.) $433.45 10,001-14,000 (6 Hrs.) $520.13 14,001-18,000 (8 Hrs.) $693.15 18,001-22,000 (9 Hrs.) $751.31 22,001+ (10 Firs.) $866.89 CITY OFDIAMOND BAR COMMUNITYAND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING CONSTRUCTION FEE SCHEDULE 2012=13 ACTION FEE Permit Valuation Based on ICBO/ICC Valuation Guidelines & City Ancillary Table Special Inspector $50.40 Per Job Site, Specialty Building Permit Fees Total Valuation $43.96 $0-$700.00 $65.89 $701.00-$1,000 $17.03 Each Additional $1,000 or Fraction Thereof Up To $25,000 $13.06 Each Additional $1,000 or Fraction Thereof Up To $50,000 $9.79 Each Additional $1,000 or Fraction Thereof Up To $100,000 $6.73 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 $95.20 Extension of Expired Permit $95.20 Strong Motion Instrumentation Program Residential State Fee, Valuation Based $0.50 Minimum, or .O1% 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 $167.99 Site Tnspections Not Otherwise Covered by a Fee Inspection, Group R or M Occupancies $167.99 Occupancy Groups Other Than R or M Floor Area $201.59 Less Than 5,000 S.F. $268.79 5,001-10,000 S.F. $537.58 10,001-100,000 S.F. $671.98 Over 100,000 S.F. Inspection, Repair/Rehab of Regular Building Permit Fee For Building/Structure Declared Substandard Structure Inspection, Demolition of Building/Structure $167.99 Pre -Alt Inspection $95.20 Wood Re -Roof Overlay, Pool/Spa Locations Inspection/Reinspection of Group A, Division $67.20 4 Structures Application and Investigation For Relocation, Floor Area Building Permit as Required By Chapter 68 $201.59 Less Than 2,500 S.F. $403.19 2,501+ S.F. Inspection Outside Normal Business Hours $159.19 0-2 Hours Minimum Fee $159.19 Each Hour Thereafter Additional Plan Review $95.20 Per Hour Certificate of Occupancy $167.99 Certificate of Occupancy, Temporary $95.20 Extension of Certificate of Occupancy, $95.20 Temporary Important Points The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a given time period (1 year) is the sum of each building's value (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, o,d Group 2012 International Building Code IA IB IIA 1 1113 IIIA 1118 IV VA VB A-1 Assembly , theaters, with stage 212.00 204.85 199.6k150.84 179.60 174.56 184.86 164.20 157.69 A-1 Assembly, theaters, without stage 194.08 186.93 181.7161.68 156.64 166.93 146.29 139.78 A-2 Assembly, nightclubs 166.35 161.60 157.1 141.62 137.83 145.25 128.47 123.67 A-2 Assembl , restaurants, bars, ban uet halls 165.35 160.60 155.1 139.62 136.83 144.25 126.47 122.67 A-3 Assembl , churches 195.96 188.81 183.6 163.70 158.66 168.82 148.30 141.80A-3 Assembl eneral, communit halls, libraries, museums 163.95 156.80 150.6 130.66 126.63 136.81 115.27 109.76 A-4 Assembl , arenas 193.08 185.93 179.7159.68 155.64 165.93 144.29 138.78 B Business 169.14 162.95 157.42 149.72 135.78 130.75 143.54 119.31 713.65 E Educational 178.16 172.02 166.90 159.29 148.37 140.44 153.73 129.09 124.71 F-1 Facto and industrial, moderate hazard 100.75 96.02 90.26 86.94 77.68 74.37 83.16 64.01 60.19 F-2 Factor and industrial, low hazard 99.75 95.02 90.26 85.94 77.68 73.37 82.16 64.01 59.19 H-1 High Hazard, explosives 94.40 89.68 84.92 80.59 72.52 68.22 76.82 58.86 N.P. H234 High Hazard 94.40 89.68 84.92 80.59 72.52 68.22 76.82 58.86 54.03 H-5 HPM 169.14 162.95 157.42 149.72 135.78 130.75 143.54 119.31 113.65 1-1 Institutional, supervised environment 168.08 162.18 157.65 150.82 138.52 134.86 146.99 124.28 119.86 1-2 Institutional, hospitals 287.21 281.02 275.49 267.79 252.87 N.P. 261.61 236.40 N.P. 1-2 Institutional, nursing homes 198.55 192.37 186.83 179.13 165.20 N.P. 172.95 148.74 N.P. 1-3 Institutional, restrained 192.65 186.47 180.93 173.23 160.79 154.76 167.05 144.32 136.66 1-4 Institutional, day care facilities 168.08 162.18 157.65 150.82 138.52 134.86 146.99 124.28 119.86 M Mercantile 123.91 119.17 113.69 108.40 98.85 96.06 102.82 85.70 81.90 R-1 Residential, hotels 169.51 163.62 159.09 152.26 140.12 136.46 148.59 125.88 121.46 R-2 Residential, multiple family 142.14 136.24 131.71 124.88 113.41 109.75 121.89 99.18 94.76 R-3 Residential, one- and two-family 133.78 130.13 126.82 123.67 118.74 115.78 119.75 110.94 103.92 R-4 Residential, care/assisted living facilities 168.08 162.18 157.65 150.82 138.52 134.86 146.99 124.28 119.86 S-1 Storage, moderate hazard 93.40 88.68 82.92 79.59 70.52 67.22 75.82 56.86 53.03 S-2 Storage, low hazard 92.40 87.68 82.92 78.59 70.52 66.22 74.82 56.86 52.03 U Utility, miscellaneous 71.08 67.13 62.83 59.33 53.24 49.79 56.48 41.64 39.44 a. Private Garages use Utility, miscellaneous b. Unfinished basements (all use group) = $15.00 per sq. R. c. For shell only buildings deduct 20 percent J. N.P. = not permitted CITY OF DIAMOND BAR COMMUNITYAND DEVELOPMENT SERVICES DEPARTMENT BUILDING & SAFETY DIVISION BUILDING VALUATION TABLE - ANCILLARY ITEMS 2012-13 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 VeryGood/Wood— Hillside $29.90 Very Good/Masonry - 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 CITY OF DIAMOND BAR'- MISCELLANEOUS GENERAL FEES 2012-13 FEE SCHEDULE ACTION FEE Actual Cost Fees $118.22 Per Hour Copying $0.25 $5.00 $1.25 Per Page After First 5 Pages Microfiche, First Page Microfiche, Each Page After First General Research $118.22 Per Hour Projects For Which There is No Fee Category $118.22 Per Hour CITY OF DIAMOND BAR COMMUNITYSERVICES DEPARTMENT FEE SCHEDULE 2012-13 ACTION FEE Athletic Field — City Park Use $5.00 Per Hour Groups C, D, E, F Athletic Field — City Park Use $10.00 Per Hour Group G Athletic Field — City Park Lighting $12.00 Per Hour Groups C, D, E, F Athletic Field — City Park ,Lighting $25.00 Per Hour Group G Athletic Field — Lighting Left On $250.00 Per Day Groups C, D, E, F Athletic Field — Lighting Left On $350.00 Per Day Group G Athletic Field $0.00 Per Hour Groups B-1, B-2 Heritage Park Community Room $0.00 Per Hour Group A Heritage Park Community Room $0.00 Per Hour Group B Heritage Park Community Room $50.00 Per Hour Group C Heritage Park Community Room $60.00 Per Hour Group D Heritage Park Community Room $80.00 Per Hour Group E Heritage Park Community Room A, w/ $40.00 Per Hour Kitchen Group D Heritage Park Community Room A, w/ $53.00 Per Hour Kitchen Group E Heritage Park Community Room B $35.00 Per Hour Group D Heritage Park Community Room B $47.00 Per Hour Group E Heritage Park Classroom $0.00 Per Hour Group A Heritage Park Classroom $0.00 Per Hour Group B Heritage Park Classroom $25.00 Per Hour Group C Heritage Park Classroom $35.00 Per Hour Group D Heritage Park Classroom $47.00 Per Hour Group E Pantera Park Activity Room $0.00 Per Hour Group A Pantera Park Activity Room $0.00 Per Hour Group B Pantera Park Activity Room $25.00 Per Hour Group C Pantera Park Activity Room $35.00 Per Hour Group D Pantera Park Activity Room $47.00 Per Hour Group E Park Picnic Area Rental Application $25.00 Per Day Group C Park Picnic Area Rental Application $50.00 Per Day Group D DBC — Grand View Ballroom, Weekday $0.00 Per Hour Group A DBC — Grand View Ballroom, Weekday $0.00 Per Hour Group B DBC — Grand View Ballroom, Weekday $110.00 Per Hour Group C DBC — Grand View Ballroom, Weekday $165.00 Per Hour Group D DBC — Grand View Ballroom, Weekday $220.00 Per Hour Group E DBC — Grand View Ballroom, Weekend $1,320.00 Per Hour Group C DBC — Grand View Ballroom, Weekend $2,640.00 Per Hour Group D DBC — Grand View Ballroom, Weekend $3,520.00 Per Hour Group E DBC — Grand View Ballroom, Weekend, > 6 $110.00 Per Hour Hours Group C DBC — Grand View Ballroom, Weekend, > 6 $220.00 Per Hour Hours Group D DBC — Grand View Ballroom, Weekend, > 6 $330.00 Per Hour Hours Group E DBC — Grand View Ballroom, 2/3 Weekday $75.00 Per Hour Group C DBC — Grand View Ballroom, 2/3 Weekday $1.10.00 Per Hour Group D DBC — Grand View Ballroom, 2/3 Weekday $150.00 Per Hour Group E DBC — Grand View Ballroom, 2/3 Weekend $880.00 Per 6 Hours Group C DBC — Grand View Ballroom, 2/3 Weekend $1,980.00 Per 6 Hours Group D DBC — Grand View Ballroom, 2/3 Weekend $2,695.00 Per 6 Hours Group E DBC — Grand View Ballroom, 2/3 Weekend, > $82.50 Per Hours 6 Hours Group C DBC — Grand View Ballroom, 2/3 Weekend, > $165.00 Per Hours 6 Hours Group D DBC — Grand View Ballroom, 2/3 Weekend, > $220.00 Per Hours 6 Hours Group E DBC — Grand View Ballroom, 1/3 Weekday $50.00 Per Hour Group C DBC — Grand View Ballroom, 113 Weekday $55.00 Per Hour Group D DBC — Grand View Ballroom, 113 Weekday $73.00 Per Hour Group E DBC — Banquet Room, 1/5 Weekday $30.00 Per Hour Group C DBC — Banquet Room, 115 Weekday $35.00 Per Hour Group D DBC — Banquet Room, 1/5 Weekday $47.00 Per Hour Group E DBC — Pine Room (Senior), Weekday $0.00 Per Hour Group A DBC — Pine Room (Senior), Weekday $0.00 Per Hour Group B DBC — Pine Room (Senior), Weekday $50.00 Per Hour Group C DBC — Pine Room (Senior), Weekday $55.00 Per Hour Group D DBC — Pine Room (Senior), Weekday $73.00 Per Hour Group E DBC — Pine Room (Senior), Weekend $0.00 Per Hour Group A DBC — Pine Room (Senior), Weekend $0.00 Per Hour Group B DBC — Pine Room (Senior), Weekend $100.00 Per Hour Group C DBC — Pine Room (Senior), Weekend $110.00 Per Hour Group D DBC — Pine Room (Senior), Weekend $146.00 Per Hour Group E DBC — Sycamore Room (w/Patio), Weekday $0.00 Per Hour Group A DBC — Sycamore Room (w/Patio), Weekday $0.00 Per Hour Group B DBC — Sycamore Room (w/Patio), Weekday $50.00 Per Hour Group C DBC — Sycamore Room (w/Patio), Weekday $55.00 Per Hour Group D DBC — Sycamore Room (w/Patio), Weekday $73.00 Per Hour Group E DBC — Sycamore Room (w/Patio), Weekend $100.00 Per Hour Group C DBC — Sycamore Room (w/Patio), Weekend $110.00 Per Hour Group D DBC — Sycamore Room (w/Patio), Weekend $146.00 Per Hour Group E DBC — Oak Room, Weekday $0.00 Per Hour Group A DBC — Oak Room, Weekday $0.00 Per Hour Group B DBC — Oak Room, Weekday $50.00 Per Hour Group C DBC — Oak Room, Weekday $55.00 Per Hour Group D DBC — Oak Room, Weekday $73.00 Per Hour Group E DBC — Oak Room, Weekend $100.00 Per Hour Group C DBC — Oak Room, Weekend $110.00 Per Hour Group D DBC — Oak Room, Weekend $146.00 Per Hour Group E DBC — Willow Room (Computer), Weekday $0.00 Per Hour Group A DBC - Willow Room (Computer), Weekday Group B $0.00 Per Hour DBC - Willow Room (Computer), Weekday Group C $50.00 Per Hour DBC - Willow Room (Computer), Weekday Group D $55.00 Per Hour DBC - Willow Room (Computer), Weekday Group E $73.00 Per Hour DBC - Willow Room (Computer), Weekend Group C $100.00 Per Hour DBC - Willow Room (Computer), Weekend Group D $110.00 Per Hour DBC - Willow Room (Computer), Weekend Group E $146.00 Per Hour DBC -Maple Room, Weekday Group A $0.00 Per Hour DBC -Maple Room, Weekday Group B $0.00 Per Hour DBC -Maple Room, Weekday Group C $27.50 Per Hour DBC -Maple Room, Weekday Group D $30.00 Per Hour DBC -Maple Room, Weekday Group E $40.00 Per Hour DBC -Maple Room, Weekend Group C $55.00 Per Hour DBC -Maple Room, Weekend Group D $60.00 Per Hour DBC -Maple Room, Weekend Group E $80.00 Per Hour DBC - Catering Kitchen Room, Weekday Group C $40.00 Per Event DBC - Catering Kitchen Room, Weekday Group D $55.00 Per Event DBC - Catering Kitchen Room, Weekday Group E $73.00 Per Event DBC - Portable Bar 2, Each) $50.00 Per Event DBC - Keyboard $50.00 Per Event DBC - Karaoke Machine $50.00 fier Event DBC - Portable CD Player $50.00 Per Event DBC - TVNCR/DVD $50.00 Per Event DBC - Coffee Pot (55 Cu $20.00 Per Event DBC - Coffee Pot 100 Cup) $40.00 Per Event DBC - AV Projector $100.00 Per Event DBC - Overhead Projector $20.00 Per Event DBC - Microphone Cordless $75.00 Per Event DBC - Dance Floor, <500 Sq. Ft. $250.00 Per Event DBC - Dance Floor, 500-1,000 Sq. Ft. $350.00 Per Event DBC - Table Signs, 1-10 $10.00 Per Event DBC - Table Signs, 1-20 $20.00 Per Event DBC - Table Signs, 1-30 $30.00 Per Event DBC - Table Signs, 1-40 $40.00 Per Event DBC - Projection Screen $0.00 Per Event DBC - Easel $0.00 Per Event DBC - Flags $0.00 Per Event DBC - Podium w/ Microphone $0.00 Per Event DBC - Internet Only, Grand View Ballroom $75.00 Per Event DBC - Reception/Party Package, Option A $400.00 Per event DBC - Microphone, Corded $50.00 Per Event DBC - Candle Permit Fee $10.00 Per Request DBC - Reception/Party Package, Option B $300.00 Per Event DBC - Business Mtg. Package, Option A w/Internet $250.00 Per Event DBC - Business Mtg. Package, Option B $200.00 Per Event DBC - Outdoor Usage Fee $300.00 Per Event Tiny Tots $4.00 Per Hour Day Camp, Regular Da $110.00 Per Season Day Camp, Extended Da $130.00 Per Season Youth Baseball, First Child $84.00 Per Season Youth Baseball, Each Add91 Child $79.00 Per Season Adult Basketball $360.00 Per Season Adult Volle ball $40.00 Per Season Youth Basketball, First Child $84.00 Per Season Youth Basketball, Each Add'1 Child $79.00 Per Season Youth Indoor Soccer, First Child $84.00 Per Season Youth Indoor Soccer, Each Add'l Child $79.00 Per Season Special Events - Haunted House/Fall Fun $5.00 Per Event Special Events - Craft Fair (Space Only) $50.00 Per Event Special Events - Craft Fair (w/Tables/Chairs) $75.00 Per Event Middle School Dances $5.00 Per Participant Administration Fee - Contract Classes $7.00 Per Class Adult Excursions $63.00 Per Trip Senior Excursions $38.00 Per Trip Senior Excursions - Casino Tris $22.00 Per Trip Senior Dances $15.00 Per Participant Field Use Group Priority Group A City of Diamond Bar sponsored activities. Group B B-1 — Diamond Bar based non-profit youth organizations, and civic, service or fraternal organizations who conduct community events and/or programs for youth open to the general public, in which the total percentage of members/participants is not less than 60% Diamond Bar residents. Proof of non-profit status must be submitted and on file prior to scheduled use. Proof of residency may be requested by the City of Diamond Bar at any time. B-2 — Diamond Bar based non-profit youth organizations in which the total percentage of members/participants is less than 60% Diamond Bar residents. Group C Diamond Bar residents, Diamond Bar youth organizations without non-profit status, Diamond Bar based adult non-profit organizations in which the total percentage of members/participants is not less than 60% Diamond Bax residents. Proof of non-profit status must be submitted and on file prior to scheduled use. Proof of residency may be requested by the City of Diamond Bar at any time. Group D Diamond Bar residents' non-commercial functions and/or activities not open to the general public, Diamond Bar based non-profit adult organizations in which the total percentage of members/participants is less than 60% Diamond Bar residents. Group E Diamond Bar based commercial, industrial or professional groups, using the facility for a non-profit purpose, Diamond Bar based adult organizations without non-profit status. Group F Other tax -supported public agencies. Group G Non Diamond Bar residents or commercial groups. Diamond Bar Center Group Priority GROUP A Activities conducted and/or sponsored by the City of Diamond Bar. GROUP B Activities conducted by the City recognized Senior citizen membership groups. GROUP C C-1- Activities conducted by Governmental agencies other than the City of Diamond Bar, which provide some service to the Diamond Bar community (e.g. County of Los Angeles agencies, districts and authorities, and elected officials; State of California departments and elected officials, multi -city organizations and joint powers authorities to which the City belongs. Federal agencies, departments and elected officials; etc.) C-2- Activities conducted by the two local school districts, Pomona Unified School District and Walnut Valley Unified School District. C-3- Activities conducted by Diamond Bar based non-profit service organizations. To qualify as a local non- profit organization, the organization shall have a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A membership roster and the Articles of Incorporation indicating status as a Diamond Bar based non-profit (for example: 501(C)(3) organization shall be submitted as a condition of an organization receiving classification in this group. GROUP D Private events conducted by Diamond Bar residents. GROUP E Non-resident private events and non-resident groups, and organizations and businesses and commercial functions. (Examples: Commercial functions, resident and non-resident business meetings, or non-resident private affairs.) City Buildings Group Priority GROUP A Activities conducted and/or sponsored by the City of Diamond Bar. GROUP B Activities conducted by City recognized Senior citizen membership groups. GROUP C C-1- Activities conducted by Governmental agencies other than the City of Diamond Bar, which provide some service to the Diamond Bar community (e.g. local school districts, County of Los Angeles agencies, etc.) C-2- Activities conducted by Diamond Bar, based non-profit service organizations. To qualify as a local non- profit organization, the organization shall have a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A membership roster and the Articles of Incorporation indicating status as a Diamond Bar based non-profit (for example: 501(C)(3)) organization shall be submitted as a condition of an organization receiving classification in this group. a. No fee is charged for board, general membership meeting or registration activities, if conducted during normal hours of operation. If meeting is held after normal hours of operation, weekend or City observed holiday, a fee is charged for staff hours required to operate the facility during the event. All other events shall be charged according to the fee schedule. Said events include activities for which there is a charge and/or which are not open to the general public (fund raiser* luncheons and award ceremonies). Cleaning deposit is required for all events. b. Organizations that are authorized to use school district facilities per Education Code 38134 shall be eligible to use City facilities only after effort has been made to secure a comparable school district facility, and none is available. *Note - Each resident non-profit organization will be allowed one use for fundraising purposes per calendar year where room rental fees are waived. GROUP D Private events conducted by Diamond Bar residents. GROUP E Non-resident private events and non-resident groups, organizations and businesses and commercial functions. (Examples: Commercial functions, non-resident business meetings, or non-resident private affairs.) 2. Priority for use of the facility will be in alphabetical sequence, with Group A applicants receiving the highest priority and Group E applicants the lowest priority. CITY COUNCIL Agenda # 7.2 Meeting Date: May], 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: An Ordinance pursuant to Government Code Section 65858, extending Interim Urgency Ordinance No. 07(2012) prohibiting the issuance of permits for establishment of land uses on the site of the former Diamond Bar Honda Dealership and its adjacent parcels at the northwest corner of the SR60/Grand Avenue interchange. RECOMMENDATION: Adopt Ordinance No. 07A(2012). BACKGROUND/ANALYSIS: On April 3, 2012, the City Council adopted Interim Urgency Ordinance No. 07(2012) that placed a 45 -day moratorium on issuing permits for establishment land uses on the parcels located at the northwest corner of the SR60/Grand Avenue interchange, with street addresses of 525 and 527 Grand Avenue, and Assessor's Parcel Numbers 8719- 020-001,8719-020-006 and 8719-020-007 Two factors—plans to construct a direct westbound onramp to SR 60 at Grand Avenue that will physically impact the subject property, and continued uncertainty regarding if and when the approved NFL stadium project adjacent to the subject property will be constructed—have resulted in continued uncertainty regarding the final size, configuration and access to the former Diamond Bar Honda premises. Consequently, the viability of the site to attract stable land uses that will benefit both the property owners and the City of Diamond Bar is unclear at this time. Because of its prominent, freeway -adjacent location, proper development of the site is critically important to the City for reasons including, but not limited to, aesthetics, services available to Diamond Bar residents, and economic impacts on residents and the City itself. To allow additional time to study this matter, and then develop an appropriate land use strategy that may include an amendment to the zoning regulations applicable to the Interim Urgency Ordinance Extension—Honda Property Page 1 Honda property, staff recommends that the City Council extend the Urgency Ordinance for an additional 10 months and 15 days as permitted by Government Code Section 65858. ENVIRONMENTAL REVIEW: In accordance with the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in San Gabriel Valley Tribune on April 20, 2012, in a 1/8 page display, and was mailed to all owners of property within a 1000' foot radius of the subject property. CONFORMANCE WITH GOVERNMENT CODE §65858 California Government Code Section 65858(d) states, "(t)en days prior to the expiration of (an) interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Publication of this staff report satisfies this Government Code requirement. PREPARED BY: Greg Gubman, AICP Community Development Director Attachments: 1. Ordinance No. 07A(2012) 2. Ordinance No. 07(2012) REVIEWED BY: N� " i Dave Doyle Assistant City Manager Interim Urgency Ordinance Extension—Honda Property Page 2 P -77h-- c- �I2?cti� L ORDINANCE NO. 07A(2012) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 07(2012) BAR PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE PARCELS ON THE NORTHWEST CORNER OF THE SR60/GRAND AVENUE INTERCHANGE IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Moratorium Extended. Ordinance No. 07(2012), adopted April 3, 2012, is hereby extended for 10 months and 15 days. Section 2. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (60 months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 3. Severability. If any part or provision of this Ordinance or the application to any peon or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 4. Purpose and Findings: Urgency. Diamond Bar Honda was an automotive dealership that occupied premises located at the northwest corner of Grand Avenue/State Route 60 interchange, with the remainder of the property perimeter bounded by Old Brea Canyon Road. In 2008, Diamond Bar Honda vacated the premises. With the exception of a Burger King restaurant also located on the premises, the location remains vacant at the time of this ordinance. Coincident to the closure of Diamond Bar Honda, the California Department of Transportation (Caltrans) commenced the preparation of plans to construct a direct westbound on-ramp to SR 60 at the Grand Avenue interchange, immediately adjacent to the premises. The current design proposed for this on-ramp will require the acquisition of approximately 0.71 acres of the southern portion of the premises (which will result in the removal of a freeway -oriented pylon sign that provides critical freeway visibility for any businesses occupying the premises) and the elimination of at least one of its two drive approaches along Grand Avenue. Sight distance and lane geometry issues still being studied may require the elimination of both existing driveways along the Grand Avenue frontage of the premises, completely eliminating vehicular access to the premises from this major arterial roadway. Page 2 of 3 Under an agreement between the City of Diamond Bar and the City of Industry, the loss of acreage to accommodate the aforementioned on-ramp would be offset by the vacation and granting of right-of-way to the premises, which would result from the realignment of Old Brea Canyon Road in conjunction with the construction of a National Football League stadium planned to the northwest of the premises, in the City of Industry. However, because a competing stadium project was subsequently proposed in downtown Los Angeles, it remains uncertain as to whether the Industry stadium project will come to fruition. If the Industry stadium project is not developed, then the land area of the premises formerly occupied by Diamond Bar Honda will then be reduced by approximately 0.71 acres. The City is currently studying new development standards and zoning for the vacant dealership site. Because of the uncertainty regarding the final size, configuration and access to the former Diamond Bar Honda premises, the viability of the site to attract stable land uses that will benefit both the property owners and the City of Diamond Bar is unclear at this time. Because of its prominent, freeway -adjacent location, proper development of the site is critically important to the City for reasons including, but not limited to, aesthetics, services available to Diamond Bar residents, and economic impacts on residents and the City itself. It is likely that zoning standards for the site will change as a result of this update. Because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new facilities and uses on the site as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. Section 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions or any other City code, ordinance, resolution or policy. Section 6. California Environmental Quality Act Finding. Pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, Sections 15061(b)(3) and 15308, the City has determined that this activity is categorically exempt. PASSED, APPROVED AND ADOPTED this 1st day of May, 2012. Mayor Page 3 of 3 I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the Vt day of May, 2012 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins, City Clerk City of Diamond Bar ATTACHMENT 2 ORDINANCE NO.07 (2012)U AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE PARCELS ON THE NORTHWEST CORNER OF THE SR601GRAND AVENUE INTERCHANGE, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Diamond Bar Honda was an automotive dealership that occupied premises located at the northwest corner of Grand Avenue/State Route 60 interchange, with the remainder of the property perimeter bounded by Old Brea Canyon Road. In 2008, Diamond Bar Honda vacated the premises. With the exception of a Burger King restaurant also located on the premises, the location remains vacant at the time of this ordinance. Coincident to the closure of Diamond Bar Honda, the California Department of Transportation (Caltrans) commenced the preparation of plans to construct a direct westbound on-ramp to SR 60 at the Grand Avenue interchange, immediately adjacent, to the premises. The current design proposed for this on-ramp will require the acquisition of approximately 0.71 acres of the southern portion of.the premises (which will result in the removal of a freeway -oriented pylon sign that provides critical freeway visibility for any businesses occupying the premises) and the elimination of at least one of its two drive approaches along Grand Avenue. Sight distance and lane geometry issues still being studied may require the elimination of both existing driveways along the Grand Avenue frontage of the premises, completely eliminating vehicular access to the premises from this major arterial roadway. Under an agreement between the City of Diamond Bar and the City of Industry, the loss of acreage to accommodate the aforementioned on-ramp would be offset by the vacation and granting of right-of-way to the premises, which would result from the realignment of Old Brea Canyon Road in conjunction with the construction of a National Football League stadium planned to the northwest of the premises, in the City of Industry. However, because a competing stadium project was subsequently proposed in downtown Los Angeles, it remains uncertain as to whether the Industry stadium project will come to fruition. If the Industry stadium project is not developed, then the land area of the premises formerly occupied by Diamond Bar Honda will then be reduced by approximately 0.71 acres. The City is currently studying new development standards and zoning for the vacant dealership site. Because of the uncertainty regarding therfinal size, configuration and access to the former Diamond Bar Honda premises, the viability of the site to attract stable land uses that will benefit both the property owners and the City of Diamond Bar is unclear at this time. Because of its prominent, freeway -adjacent location, proper Page 1 of 3 development of the site is critically important to the City for reasons including, but not limited to, aesthetics, services available to Diamond Bar residents, and economic impacts on residents and the City itself. It is likely that zoning standards for the site will change as a result of this update. Because time will be required to prepare and adopt these new regulations and update the zoning ordinance, this Ordinance is intended to place an interim prohibition on the establishment of new facilities and uses on the site as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SECTION 2. The issuance of permits for any uses or facilities on the parcels in the City of Diamond Bar more commonly known as the former site of Diamond Bar Honda, located northwest of the Grand Avenue/SR60 interchange, with street addresses of 525 and 527 Grand Avenue (APNs 87.19-020-001, 8719-020-006 and 8719-020-007) (the "Site"), is hereby prohibited. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no zoning permits or approvals, subdivision maps or building permits for any new facilities or uses shall be approved or issued for the Site during the pendency of this Ordinance or any extension thereof. SECTION 3. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 4. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 5. Urgency. Based on the findings set forth in Section 1 hereof, the potential uncontrolled development of the site poses a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat by prohibiting the establishment of new facilities or uses that may be inconsistent with new zoning standards currently being developed until those revised regulations can be established and adopted. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. Page 2 of 3 SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. PASSED, APPROVED AND ADOPTED this 3rd day of April, 2012. �fri5ang Ma o I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 3rd day of April 2012, by the following vote: AYES: Council Member: Everett, Herrera, Tye, MPT/Tanaka, M/Chang NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None Tomm` e Cribbins, Citv Clerk City of Diamond Bar Page 3 of 3