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HomeMy WebLinkAbout07/17/2012V • L< ■ ■ ■ V l i {A City Council Agenda Tuesday, July 17, 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 Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 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 ear uses recycled paper and encourages you to do the same. DLIMOSD 6dR THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.DIAMONDBARCA.GOV CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 17, 2012 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA Next Resolution No. 2012-34 Next Ordinance No. 11(2012) 6:30 p.m. Mayor Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ Council Members Everett, Herrera, Tye, Mayor Pro Tem Tanaka, Mayor Chang Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by the Los Angeles County Tax Assessor's Office Regarding Services Offered to Homeowners. 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. July 17, 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. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 18, 2012 - 6:30 p.m. to 8:00 p.m., The Answer (Classic Rock) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — July 18, 2012 — Grease - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — July 24, 2012 — 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive. 5.4 Concerts in the Park — July 25, 2012 — 6:30 p.m. to 8:00 p.m., The Silverados (Country Variety) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the Stars — July 25, 2012 — Winnie the Pooh - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Parks and Recreation Commission Meeting — July 26, 2012 — 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive 5.7 Grand Opening of the Diamond Bar Branch of the Los Angeles County Library — July 28, 2012 —10:00 a.m — 21800 Copley Drive. 5.8 City Council Meeting — August 7, 2012 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of June 19, 2012 — Approve as submitted. 6.2 Planning Commission Minutes: a) Regular Meeting of April 10, 2012 — Receive and File. b) Regular Meeting of May 22, 2012 — Receive and File. 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of May 10, 2012 — Receive and File. July 17, 2012 PAGE 3 6.4 Ratification of Check Register — Dated June 14, 2012 through July 11, 2012 totaling $4,214,583.42. Requested by: Finance Department 6.5 Treasurer's Statement — Month of May, 2012. Recommended Action: Approve. Requested by: Finance Department 6.6 Adopt Resolution No. 2012 -XX: Establishing Locations for Posting of City Ordinances, Resolutions, and/or Public Notices Required by Law to be Published or Posted. Recommended Action: Adopt Requested by: City Clerk 6.7 Approval of an Unlimited Use Service Proposal with Blackboard Connect for Government to Provide Connect-CTY Emergency Notification System Service through August 14, 2013 at a Cost of $34,830.98. Recommended Action: Approve. Requested by: City Manager 6.8 Authorize the City Manager to Purchase a City Hall Emergency Generator for a Not to Exceed Cost of $130,000. Recommended Action: Authorize. Requested by: City Manager 6.9 Authorize City Manager to Purchase Hewlett Packard Servers and Additional Hardware Replacements from Hewlett Packard, Cisco and Vendors on the Currently Approved Vendors List Throughout Fiscal Year 12-13 for an Amount Not to Exceed $132,500. Recommended Action: Authorize. Requested by: IS Department July 17, 2012 PAGE 4 6.10 Approval of Three Year Contract with The ComDyn Group, Inc. for As -Needed Information Technology Services for an Amount Not to Exceed $110,000 for the Period of July 1, 2012 through June 30, 2015. Recommended Action: Approve. Requested by: IS Department 6.11 Approval of Amendment No. 1 to the Contract with Excel Landscape to Add Washington Park to the Scope of Work for Landscape Maintenance Services for Fiscal Year 2012113 in an Additional Amount of $3,900 Per Year, Resulting in a Total Contract Amount of $333,575; Plus a Contingency Amount of $27,000 for As -Needed Work, for a Total 2012113 Fiscal Year Authorization of $360,575. Recommended Action: Approve. Requested by: Community Services Department 6.12 Approval of Amendment No. 1 to the Contract with Valleycrest Landscape to Add the Mesa Trail at Sycamore Canyon Park to the Scope of Work for Landscape Maintenance Services for Fiscal Year 2012113 in an Additional Amount of $6,000 Per Year, Resulting in a Total Contract Amount of $368,995; Plus a Contingency Amount of $25,000 for As -Needed Work, for a Total 2012/13 Fiscal Year Authorization of $393,995. Recommended Action: Approve. Requested by: Community Services Department 6.13 Adopt Resolution No. 2012 -XX: Amending the City's Community Development Block Grant (CDBG) Program for Fiscal Year 2012-13 to Cancel CDBG Funding for the. ADA Retrofit Improvements - Longview South Mini -Park Project and Reprogram Funds to the Curb Ramp Installation Project — Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center. Recommended Action: Adopt. Requested by: City Manager's Office. July 17, 2012 PAGE 5 6.14 Approval of Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for Fiscal Year 2012-13 in an Amount Not to Exceed $59,280. Recommended Action: Approve. Requested by: Community Development Department 6.15 Approval of Contract with J.H. Douglas & Associates for a Cost of $24,905 Plus a 20% Contingency of $5,000 for a Total Cost Not -to - Exceed $29,905 to Complete the 2013 Housing Element Update. Recommended Action: Approve. Requested by: Community Development Department 6.16 Approve Freeway Agreement with State of California Department of Transportation (Caltrans) for Construction of a New Westbound On - Ramp at Grand Avenue and State Route 60. Recommended Action: Approve. Requested by: Public Works Department 6.17 Award a Three Year Contract to SJC 3 Consulting to Administer the City's Home Improvement Program (HIP) for an Amount Not to Exceed $20,000 for Fiscal Year 2012-13. Recommended Action: Award. Requested by: City Manager 6.18 Authorize the City Manager to Enter into a Software License and Service Agreement with SymPro, Inc. to Provide Investment Management Software for a Not to Exceed Cost of $30,000. Recommended Action: Authorize. Requested by: Finance Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2012 -XX: Amending the City's Conflict of Interest Code for Designated City Personnel and Rescinding Resolution No. 2010-29 in its. Entirety. (Adding the Position of Facilities Supervisor). July 17, 2012 PAGE 6 Recommended Action: Receive Staff's Presentation, Open the Public Hearing, Receive Testimony; Close the Public Hearing and Adopt. Requested by: City Clerk 7.2 Lighting and Landscape Districts 38, 39 and 41. (a) Adopt Resolution No. 2012 -XX: Levying an Assessment on Landscaping Assessment District No. 38 for Fiscal Year 2012-13. (b) Adopt Resolution No. 2012 -XX: Levying an Assessment on Landscaping Assessment District No. 39 for Fiscal Year 2012-13. (c) Adopt Resolution No. 2012 -XX: Levying an Assessment on Landscaping Assessment District No. 41 for Fiscal Year 2012-13. Recommended Action: Receive Staffs Presentation; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt (a) Resolution No. 2012 -XX (District 38); (b) Resolution No. 2012 -XX (District No. 39) and (c) Resolution No. 2012 -XX (District 41). Requested by: Public Works Department 7.3 Adopt Ordinance No. 10A(2012): Extending Ordinance No. 10(2012) Prohibiting the Issuance of Permits for Guest Houses and Second Units in the Low Density Residential (RL) Zoning District in Accordance with the Provisions of 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: 8.1 First Reading of Ordinance No. OX (2012): Adding Sections 12.00.430, 12.00.440, 12.00.450 and 12.00.460 to the Diamond Bar Municipal Code Establishing Rules for the Safe and Healthy Operation of the Dog Park at Pantera Park and Amending the Diamond Bar Municipal Code. Recommended Action: Approve for First Reading by Title Only, Waive Full Reading. Requested by: Community Services Department July 17, 2012 PAGE 7 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 19, 2012 CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:32 p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Ron Everett led the Pledge of Allegiance. INVOCATION: Jennifer Kottke, Early Childhood Pastor, Diamond Canyon Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Steve Tye, Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang. Absent: Council Member Carol Herrera was excused Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Ryan McLean, Assistant to the City Manager; Anthony Santos, Senior Management Analyst; Lauren Hidalgo, Public Information Specialist; Debbie Gonzales, Administrative Coordinator; Christy Murphey, Recreation Superintendent; Joan Cruz, Senior Administrative Assistant; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Tanaka presented a City Tile to Kwang Ho Lee for his years of service as a Diamond Bar Planning Commissioner. 1.2 M/Chang and Jody Roberto, representing Senator Huff's Office, presented Certificates of Recognition to Event Chair Hala Murad for the 7th Annual Relay for Life of Diamond Bar event. 1.3 C/Everett proclaimed July 2012 as Parks and Recreation Month and presented the proclamation to Parks and Recreation Commission Chairman Lew Herndon. 1.4 Ten, Fifteen and Twenty Year Employee Service Awards: 1.4.1 10 Years of Service Award — to Joan Cruz and Christy Murphey, presented by M/Chang and C/Everett respectively. JUNE 19, 2012 PAGE 2 CITY COUNCIL 1.4.2 Fifteen Years of Service Award — to Debbie Gonzales, presented by C/Tye. 1.4.3 20 Years of Service Award — to Bob Rose and David Liu, presented by MPT/Tanaka and M/Chang respectively. NEW BUSINESS OF THE MONTH: 1.5 M/Chang and the City Council presented a Certificate Plaque to Julie and her daughter Stephanie, Julie's Cafe, 1138 South Diamond Bar Boulevard as new business of the month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Lew Herndon, Diamond Bar Community Foundation Board Member and Chairman of the Sports Fields Committee, spoke in favor of approving Council Consideration Item 8.2. He asked residents to support the Food Truck Extravaganza on September 8 at Lorbeer Middle School between 4:00 p.m. and 8:00 p.m., an important fundraising event. In addition, the Foundation is planning a soccer tournament hosted by the Diamond Bar Soccer League in cooperation with all other soccer organizations in the City. The Foundation accepts donations of cars, boats, stocks, bonds, property or anything of real value. All funds will go toward helping the "Fields for Kids" project. He recently became aware of the potential sale of Site D from which the City will gain approximately $1.8 million. He then asked that when these funds become available that Council set aside the funds for the sports fields to help the 6,000 kids in the City and the many thousands that will follow. Several years ago there were rumors that Site D would be a good solution to the sports field dilemma and it may be poetic justice that funds from Site D could help solve the dilemma. This problem is decades old and with determination, it can be solved. Jesse Lantz, Diamond Bar Library Manager, announced that the library is just about ready to move to its new larger facility in the City Hall/Library building at 21800 Copley Drive. The last day the current library will be open is Friday, June 29. The Grand Opening for the new library is scheduled for July 28. During closure, DB Library customers can pick up their holds at the Walnut Library as well as, any county library. Information regarding the move will be posted on the library's website and the library. The summer reading program is underway and interested individuals can check the online calendar to find out about great programs that will be happening at the library through the end of June. Any individuals can join the summer reading program online at www.summerreadingla.org Monica Valpariso, DB Soccer League, working in conjunction with the Diamond Bar Community Foundation for the City's dedicated sports complex voiced support for all that the Foundation is doing. Requests for field allocation can be JUNE 19, 2012 PAGE 3 CITY COUNCIL C! difficult and hoped the Council cou Jeff Kunz asked for the Council's support of Mr. Herndon's request for the $1.8 million to be allocated toward the sports field complex. He has been in AYSO soccer league since 1982 and at that time it was DB/Walnut Region 31. As soon as the Walnut Ranch was developed Walnut no longer needed DB and became Region 624 and DB was left with having to use parcels of land to conduct the soccer tournaments that Walnut can do in its complex. He encouraged the Council to look at a central location for a sports facility. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Housing Element/Tres Hermanos Scoping Meeting — June 21, 2012 — 6:30 to 9:00 p.m., Pantera Park Activity Room, 738 Pantera Drive. 5.2 Planning Commission Meeting — June 26, 2012 — 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — June 14, 2012 — 7:00 p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive, 5.4 City Council Meeting — July 3, 2012 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 5.5 4th of July Blast — July 4, 2012 — 5:00 p.m. to 9:30 p.m., Lorbeer Middle School, 501 South Diamond Bar Boulevard. Fireworks begin at 9:00 p.m. 5.6 Independence Holiday — July 4, 2012 — City Offices closed in observance of 4th of July. City Offices reopen Thursday, July 5, 2012 at 7:30 a.m. 5.7 Planning Commission Meeting —July 10, 2012 —7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.8 Concerts in the Park — July 11, 2012 — 6:30 p.m. to 8:00 p.m., Platinum Rockstars (80's and 90's Hits) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.9 Movies Under the Stars — July 11, 2012 — following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.10 Traffic and Transportation Commission Meeting — July 12, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 City Council Meeting — July 17, 2012 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. JUNE 19, 2012 PAGE 4 CITY COUNCIL 5.12 Grand Opening — Diamond Bar Branch of the Los Angeles County Library — July 28, 2012 — 10:00 a.m., 21800 Copley Drive. 6. CONSENT CALENDAR: C/Everett moved, C/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 6.1 CITY COUNCIL MINUTES — Regular Meeting of June 5, 2012 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of March 29, 2012 6.2.2 Regular Meeting of April 26, 2012 6.3 PLANNING COMMISSION MINUTES — Regular Meeting of May 8, 2012 — Received and Filed. 6.4 RATIFIED CHECK REGISTER - Dated May 31, 2012 through June 13, 2012 totaling $817,917.09. 6.5 APPROVED APPROPRIATION FROM THE GENERAL FUND RESERVES IN THE AMOUNT OF $40,293.98 FOR THE NOVEMBER 8, 2011 GENERAL MUNICIPAL ELECTION. 6.6 APPROVED CONTRACT EXTENSIONS/AGREEMENTS FOR COMMUNITY SERVICES DEPARTMENT: a) AUTHORIZED TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR THE 2012/13 FISCAL YEAR. b) APPROVED AMENDMENT NO. 4 TO THE AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD FROM JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE AMOUNT NOT -TO - EXCEED $35,000. c) APPROVED AMENDMENT NO. 4 TO THE AGREEMENT WITH AND I OFFICIALS TO EXTEND THE CONTRACT PERIOD FROM JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE AMOUNT NOT -TO -EXCEED JUNE 19, 2012 PAGE 5 CITY COUNCIL $35,000. d) APPROVED AMENDMENT NO. 2 TO AGREEMENT WITH ACCESS CONTROL SECURITY TO EXTEND THE CONTRACT PERIOD FROM JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE AMOUNT NOT -TO -EXCEED $30,000. e) APPROVED AMENDMENT NO. 2 TO THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE NEW LIBRARY AND CITY HALL FOR THE TERM OF JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE AMOUNT NOT -TO -EXCEED $78,000. fl APPROVED AMENDMENT NO. 2 TO THE CONTRACT WITH WEST COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATERING SERVICES FOR THE 2012/13 FISCAL YEAR IN THE AMOUNT NOT -TO -EXCEED $215,685. g) APPROVED AN AGREEMENT NOT -TO -EXCEED $55,000 WITH THE CALIFORNIA CONSERVATION CORP (CCC) FOR AS -NEEDED TRAIL REPAIRS, BRUSH CLEARANCE AND MINOR MAINTENANCE IN PARKS AND OPEN SPACE IN DIAMOND BAR FOR THE 2012/13 FISCAL YEAR AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT. 6.7 APPROVED ADJOURNING THE JUNE 19, 2012 CITY COUNCIL MEETING TO JULY 17, 2012. 6.8 AUTHORIZED THE CITY MANAGER TO ENTER INTO A CONSULTING SERVICES AGREEMENT WITH GLENN STEINBRINK FOR A NOT -TO - EXCEED COST OF $28,000. 6.9 APPROVED CONTRACT WITH THE REGIONAL CHAMBER OF COMMERCE — SAN GABRIEL VALLEY, FOR FISCAL YEAR 2012/13 IN AN AMOUNT NOT -TO -EXCEED $12,000. 6.10 APPROVED NOTICE OF COMPLETION FOR THE 21810 EAST COPLEY DRIVE INTERCONNECT PROJECT. 6.11 APPROVED A MEMORANDUM OF AGREEMENT WITH THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY (GATEWAY AUTHORITY) FOR THE ADMINISTRATION AND COST SHARING FOR PREPARATION OF THE COYOTE CREEK/REACH 1 OF THE LOWER SAN GABRIEL RIVER METALS TOTAL MAXIMUM DAILY LOAD (TMDL) IMPLEMENTATION PLAN, MONITORING PROGRAM AND SPECIAL STUDIES. JUNE 19, 2012 PAGE 6 CITY COUNCIL 6.12 APPROVED TO DIRECT STAFF TO WORK WITH POMONA UNIFIED AND WALNUT VALLEY UNIFIED SCHOOL DISTRICTS TO DEVELOP A NON-BINDING MEMORANDUM OF UNDERSTANDING REGARDING POTENTIAL IMPROVEMENTS TO ATHLETIC FACILITIES ON SCHOOL CAMPUSES. 6.13 APPROPRATED $21,991 IN USED MOTOR OIL BLOCK GRANT FUNDS FOR FISCAL YEAR 2011/12. 6.14 APPROVED AMENDMENT NO. 2 ($24,600) TO THE THREE-YEAR CONTRACT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT ADMINISTRATION SERVICES FOR A NOT -TO -EXCEED AMOUNT OF $73,166. 6.15 APPROPRIATED PROPOSITION C FUNDS IN THE AMOUNT OF $42,500 TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET AND AUTHORIZED THE CITY MANAGER TO PURCHASE THE TRAFFIC MANAGEMENT CENTER VIDEO MONITOR SYSTEM FOR A NOT -TO - EXCEED AMOUNT OF $42,500. 6.16 APPROVED CONTRACT AMENDMENT WITH SUSTAINABLE ENVIRONMENTAL MANAGEMENT COMPANY (SEMCO) EXTENDING THE CONTRACT TERM THROUGH SEPTEMBER 21, 2013 AT A COST OF $35,750 FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT OF $82,500. 7. PUBLIC HEARING: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT INTERIM URGENCY ORDINANCE NO. 10 (2012): PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR GUESTHOUSES AND SECOND UNITS IN THE LOW DENSITY RESIDENTIAL (RL) ZONING DISTRICT. CDD/Gubman stated that recently, it came to staff's attention that a number of building permit requests have been received within a single neighborhood which has brought to light the potential for proliferation of guesthouses or second units to potentially change the fundamental character of a single family neighborhood, partially due to somewhat lenient standards for guesthouses and second units, due to the difficulty in enforcing rental restrictions that would apply to such land uses. In light of this trend of guesthouses and second units being proposed in one neighborhood and the potential for this to become a pattern that could be JUNE 19, 2012 PAGE 7 CITY COUNCIL repeated in other single family neighborhoods, staff recommendation would be to place a 45 -day moratorium on second units and guesthouses to allow staff time to review the City's Development standards and craft updated development standards that would more effectively curtail this type of proliferation and ensure that when such uses are permitted that they do not have a negative impact on the single family character of these neighborhoods. This urgency ordinance will allow staff to study the matter and work on creating new development standards. Staff will then come back to Council within the 45 -day period to request an extension in order to conclude analysis and bring the matter forward to the Planning Commission and ultimately back to the City Council with a new ordinance with updated and more appropriated development standards. There was no one present who wished to speak on this matter. MPT/Tanaka moved, C/Everett seconded, to adopt Interim Urgency Ordinance No. 10 (2012): Pursuant to Government Code Section 65858 Prohibiting the Issuance of Permits for Guesthouses and Second Units in the Low Density Residential (RL) Zoning District. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 8.2 ADOPT RESOLUTION NO. 2012-33: ESTABLISHING THE INTENT TO PURSUE DEVELOPMENT AND CONSTRUCTION OF A 700 PLUS SPACE PARKING STRUCTURE AT THE PARK 'N RIDE LOT LOCATED AT 100-101 NORTH DIAMOND BAR BOULEVARD. CM/DeStefano stated that staff has briefed the City Council on the possibility of expanding the existing Park 'n Ride through interest provided by Foothill Transit. The current facility accommodates about 200 vehicles and reaches capacity early each day with a combined usage from carpool and vanpool groups. At this time, it is proposed that a parking structure of at least 500 parking spaces and more likely closer 700 parking spaces be considered for construction at that facility. Foothill Transit is the principal behind this interest and has an existing express commuter route that carries patrons from this site to downtown Los Angeles. The additional parking spaces would benefit their ridership as well as, their overall programming. Foothill is in the process of creating other park 'n ride facilities at other select cities within its 22 city jurisdictional area within the San Gabriel Valley. Foothill Transit is willing to facilitate this effort by providing the funding resources and project management for development and construction of such a facility. The property is currently owned by Caltrans. DB has had preliminary discussions with Caltrans staff and JUNE 19, 2012 PAGE 8 CITY COUNCIL they have indicated a willingness to relinquish the property for the purpose of constructing a larger Park 'n Ride facility. There are a variety of steps, issues, considerations and stipulations that would be a part of this proposal, one of which would be that DB would be obligated to continue to use the property as a Park 'n Ride facility. The concept is that DB would either retain ownership of the property or lease the property to Foothill Transit or deed the property to Foothill for the ownership and maintenance of a park 'n ride facility. Those options and the questions that come from them as well as, the opportunities, are all issues that need to be worked out as this project is pursued further, should the Council approve this request. Caltrans can only work with cities or counties and is not able to work directly with Foothill on this particular project based upon the requirements of State law and therefore, DB becomes a conduit in order to assure a project of this magnitude comes to fruition. Both Foothill and DB staff have been talking about this over the last couple of months and as previously stated, he has mentioned this opportunity to Council over the past couple of months. The Foothill Board of Directors met on Friday, June 8 and voted unanimously to authorize its staff to begin initiating proceedings with DB and to fund some of the necessary tasks in order to initiate engineering and environmental reports and a conclusion of activities with Caltrans. Upon approval of this proposal by the City Council the resolution in question would be provided to Caltrans and thereupon sets forth a variety of steps that will begin with a cooperative agreement between Caltrans and the City of DB. A separate agreement will be needed between DB and Foothill Transit to establish the terms, conditions, and obligations of Foothill to develop and fund the technical studies, all specifications whether the land is going to be leased or disposed of to Foothill as well as, the construction of a facility. CM/DeStefano concluded by stating there are many steps ahead should the City Council approve this measure this evening. There are many opportunities for the City Council to take action on this matter. There are a lot of details. This is simply a request by staff to proceed with this effort through Foothill and Caltrans. If the Council agrees and approves this resolution it will be forwarded to Caltrans and staff will update the Council and community regularly as the project proceeds. This is probably a four- year effort at this point. Should this project move forward it is his intent that the City not be out any costs associated with this project as it is a Foothill request to utilize property within DB. It does benefit DB, it does benefit the ridership and communities at large and from a fundamental public policy standpoint staff believes it is a good idea and also believes that Foothill is the developer so to speak and therefore, the developer should be paying for costs associated with the project's processing. Staff recommends that upon conclusion of its consideration, Council adopt the resolution supporting this initial effort. JUNE 19, 2012 PAGE 9 CITY COUNCIL There was no one present who wished to speak on this matter. MPT/Tanaka said that initially it may appear to be a good idea but he does not see benefits to DB or its residents. He believes that the possible addition of 500 vehicles Monday through Friday would place a large impact on the City and with a proposed structure that may be four levels high it will change the nature of DB. Without the last part of the "big fix" being remedied he does not believe this type of structure will benefit the City of DB and will be a great impact on traffic. The area is currently a big mess. There is no traffic control in and out of the Park 'n Ride parking lots. The traffic that exits the freeways to travel in different directions from the SR57 and 60 backs up onto City streets and he feels that bringing additional vehicles to that one local area would be too great an issue for the City of DB to absorb at this time. C/Everett said that respectful of MPT/Tanaka's points he is a real advocate of commuter pooling and can envision that the City may be able to mitigate some of the traffic and the bottlenecks on the SR57 and 60 off the freeway interchange and improve traffic flow. He hears and agrees with the points of concern but would like to see staff and the experts look at those issues and provide a traffic study with answers to which he looks forward. M/Chang said she could call on the Foothill Transit Authority's representative to answer questions; however, she believed that the purpose of the Park 'n Ride is to remove more vehicles from the freeway and that the facility would cater to DB residents. Roland Cordero, Director of Facilities for Foothill Transit stated that he understood MPT/Tanaka's concerns. However, as C/Everett pointed out, the process involves a CEQA and EQA clearance which is the environmental process including traffic studies, sound and noise and all other elements of the proposed project. The report will identify issues that would need to be mitigated and recommendations would be forthcoming as to how those issues could be mitigated. Foothill is working on several projects in the City of Industry including widening portions of the Industry Metrolink parking lot to accommodate the additional flow of traffic. Any concerns regarding traffic signals will be addressed in the report. C/Everett asked if there were provisions or inclusion of trips to and from Orange County. Mr. Cordero stated that unfortunately, Foothill Transit is a transportation agency under the jurisdiction of LA County that addresses only bus patrons traveling to LA and the San Gabriel Valley and does not serve Orange County or San Bernardino County. JUNE 19, 2012 PAGE 10 CITY COUNCIL C/Tye said he believed it was incumbent upon this and other cities in the San Gabriel Valley and surrounding communities to take whatever action possible to mitigate traffic throughout the region which is accomplished by ride sharing, van pooling, etc. Today as one leaves for their office one can witness that carpooling is taking place at Northminster Presbyterian Church, between CVS and Von's, etc. Folks are already coming to this community to carpool and take public transportation whether or not they are DB residents or a co-worker coming to pick up a resident. This is happening and he believes that to have an opportunity to improve this facility from 200 to possibly 700 spots to accommodate those vehicles seems prudent and the more DB can do to take vehicles off the road the better it is for everyone. This is not unlike the sharing that one does relative to housing needs, etc. Everyone has to do a little bit. We cannot simply push this off into someone else's neighborhood. He believes the location is right and does not really negatively impact the fabric or character of DB. C/Tye moved, C/Everett seconded, to Adopt Resolution No. 2012-33, establishing the intent to pursue development construction of a 700 plus space parking structure at the Park `N Ride Lot located at 100-101 North Diamond Bar Boulevard. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Tye, M/Chang NOES: COUNCIL MEMBERS: MPT/Tanaka ABSENT: COUNCIL MEMBERS: Herrera 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye congratulated tonight's recipients of the Employee's Service Awards. It was a great time to have these individuals come forward to be recognized so that everyone can actually see the people who get the work done and appreciate them and the job they have done for so many years as well as, their dedication to DB. Each recipient said how much they enjoy working in the City. They are part of a terrific team and we appreciate them as well, C/Tye stressed that the 4 h of July party two weeks from tomorrow is at Lorbeer Middle School. He asked CM/DeStefano to consider posting someone and/or banners at DBHS because he truly believed that there would be those who would forget. C/Everett reported that on Thursday he attended the Three Valleys Water District Quarterly Leadership Breakfast at the Fairplex with speaker Edward Means who has 32 years of experience with water quality, water resources and management. Mr. Means addressed the challenge of computing the value of water. That afternoon as the City's SCAG delegate he participated in a six county planning session for the local infrastructure. Sunday, June 10 he joined MPT/Tanaka and JUNE 19, 2012 PAGE 11 CITY COUNCIL many of their neighbors for the 2012 Student Recognition Program celebrating 20 years of educational opportunities and academic excellence for Council of African-American Parents. Credit goes to DB resident, current president and co- founder, Ingrid Johnson. He thanked all of the DB staff and expressed his pride in each of the 10, 15 and 20 year service representatives. Most recently the community celebrated the rededication of the beautiful Silver Tip Park and he understands today the park has been enhanced with the addition of benches, picnic tables and barbecues. He wished everyone a safe and happy 4th of July. MPT/Tanaka reported on his attendance and participation at the Evergreen Senior's Quarterly Birthday Celebration and Luncheon with over 200 attendees; farewell ceremonies for Father Denis as he moves to another assignment; the Council of African-American Parents 20th Anniversary Celebration; DB Senior's Father's Day Luncheon; Thursday, June 14 Relay for Life wrap up meeting; Tiny Tots Graduation programs from Heritage Park and Pantera Park; the Grand Reopening of Silver Tip Park; DB Library Star Wars Party; Tashi's Hair Studio's Open House. MPT/Tanaka congratulated all 2012 college graduates and thanked Kwang Ho Lee for being his partner to the Planning Commission and volunteering his time for the past six years and thanked Julie for continuing to keep Julie's Cafe open in the Ralphs Shopping Center. M/Chang reminded everyone to follow her on Facebook, Twitter and Foursquare. She and C/Tye attended the League/City Selection Meeting where the impacts of the "open primary" were discussed. She was in Sacramento last week for the League of Cities Revenue and Taxation Policy Committee meeting during which the attendees received an update on post -redevelopment and the State's budget. The budget was to have been passed by Friday and she believes they are still in session. Attendees also received updates on SB 1151 and 1156 regarding post redevelopment legislation and that issue is still on the table. Attendees also received a pension reform update which is still being worked on. On Saturday she attended the Silver Tip Grand Re -Opening which was attended by many residents and many dogs who she feels are eagerly awaiting the opening of the actual dog park. She joined C/Tye at the Contract Cities Executive Board's Strategic Planning Meeting. She is the new Membership Chairman and will be working to increase membership. She said she would see everyone at the 4th of July Blast at Lorbeer Middle School. She thanked staff members for all they do and congratulated the recipients of the Employee Service Awards. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:50 p.m. to July 17, 2012. TOMMYE CRIBBINS, CITY CLERK JUNE 19, 2012 PAGE 12 CITY COUNCIL The foregoing minutes are hereby approved this day of 2012. LING -LING CHANG, MAYOR Agenda No. 6.2 (a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 10, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 13, 2012. C/Torng moved, C/Farrago seconded, to approve the Minutes of the Regular Meeting of March 13, 2012, as presented. Motion carried by the following Roll Call vote: 5. 6. 7. AYES: COMMISSIONERS: Farago, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARINGS: 7.1 Development Review No. PL2012-43 — Under the authority of Diamond Bar Development Code Section 22.48, the applicant and property owner, Chen Tang, requested Development Review approval to construct a new 434 square foot addition to the front of an existing single family residence on a 15,760 square foot lot. The lot is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. DRESS 21927 Paint Brush Lane PROJECT AD Diamond Bar, CA 91765 APRIL 10, 2012 PAGE 2 PLANNING COMMISSION PROPERTY OWNER/ Chen Tang APPLICANT: 21927 Paint Brush Lane Diamond Bar, CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. PL2012-43, based on the Findings of Fact, ;and subject to the conditions of approval as listed within the Resolution as revised. Chen Tang, owner/applicant, explained the request and asked for Planning Commission approval for his project. Chair/Lin opened the public hearing: Richard Abad, 21917 Paint Brush Lane, said he was glad the owner was improving his home. He asked how long the construction would take and how " much equipment would be parked in the street. CDD/Gubman responded to Mr. Abad that the City's Municipal Code has limitations on construction hours so constructionmay not occur prior to 7:00 a.m. and construction must conclude by 8:00 p.m., although typically, it j concludes much earlier. Equipment must be limited to the property (be placed on the premises) and any proposal to stage equipment in the street would require an encroachment permit from the City's Public Works Department. Mr. Tang said his contractor told him the addition would take about two and one-half months so he is planning on three months or more for the construction period. He further stated that he would make certain the contractors would not block ,anyone's driveway. He understands that parking spaces are very limited on the street. Chair/Lin closed the public hearing VC/Nelson commented that Diamond Bar has a long history of making sure that families that come to Diamond Bar have the ability to stay in Diamond Bar as they grow. The Planning Commission has granted approval to many projects similar to this project where variances were continued because they were approved under the County of Los Angeles, and he sees' no reason not to approve this request. VC/Nelson moved, C/Farago seconded, to approve Development Review No. PL2011-43, 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: APRIL 10, 2012 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Farago, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 7.2 Conditional Use Permit No. PL2011-412 — Under the authority of Diamond Bar—Municipalproperty Code Section 22.58, the applicant Suh Ling Wang, and p p ert y owner Robert Ko, requested Conditional Use Permit approval for an education center named "The Buddhist Education Center for True Enlightenment." The Center will offer classes on Saturday and Sunday from 9:00 a.m. to 6:00 p.m. and office hours only Monday through Friday from 5:00 p.m. to 10:00 p.m. The subject property is zoned Industrial (I) with an underlying General Plan land use designation of Industrial. PROPERTY ADDRESS: 825 Lemon Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Walnut Business Park Robert Ko 20107 Covina Hills Road Covina, CA 91724 APPLICANT: Suh Ling Wang 1405 Bodega Way #5 Diamond Bar, CA 91765 CDD/Gubman explained that under the U.S. Constitution when places of assembly are considered, religious institutions must be treated the way that any other place of assembly would be treated. Therefore, this project is reviewed strictly on the basis of the land use compatibility, appropriateness of the use, and capacity to accommodate the use at the intensity proposed. SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2011-412, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution: Suh Ling Wang, applicant, thanked the Commission for considering this application. She believes the center will bring positive impacts to the society. C/Torng asked how many individuals were anticipated to be present during weekday office hours. Ms. Wang said that current plans were to have some staff present to accommodate the public and members with book sales. She does not anticipate there would be more than 20 individuals present during the weekday office hours. APRIL 10, 2012 PAGE 4 PLANNING COMMISSION Chair/Lin asked what temple or church the center was affiliated with and Ms. Wang responded "none." Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing: C/Torng asked staff if the building had a capacity limit and SP/Laufenburger said there was a capacity limit which had been reviewedby the City's Building Department and that the occupancy numbers are posted inside the building and controlled by the Building Department. C/Farago moved, C/Torng seconded to approve Conditional Use Permit No. PL2011-412, 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, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: Chair/Lin said he understood the City Council had filed an application without taking any action on the matter of Foothill Transit's proposal to build a parking structure at the Park and Ride Facility. CDD/Gubman explained that Foothill Transit is looking at the existing surface Park and Ride Facility on Diamond Bar Boulevard just south of Sunset Crossing. There is a very narrow strip on the west side and a larger area on the east side that abuts the SR60, which is one of the potential lots being considered for a multi-level Park and Ride Parking structure. There are a number of questions and issues, one of which is that as part of the SR57/60'Big Fix project there would be a connector that would pass 'diagonally through that site which would present an - interesting design challenge for placement. Staff is looking at potential opportunities to create a multi -use parking structure elsewhere in the City, particularly at the Kmart site if there is any opportunity to do a more ambitious redevelopment project because the City would like to see something at that location which would provide a certain number of Park and Ride dedicated spaces but also be a multi-purpose parking structure to accommodate redevelopment of that site. VC/Nelson asked if there is any additional information staff can release on the Ralph's site and CDD/Gubman responded that the last he heard things were moving forward but staff has been asked to continue to honor the 'request 'of the potential tenant to keep the details confidential. There may be a larger scale rollout of several stores" opening in the region and the potential tenant asks for the City's assistance with logistics, permitting requirements, etc.> and has provided limited information accordingly. Other than that, the City is under a gag ,order. APRIL 10, 2012 PAGE 5 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that due to lack of quorum/agenda items, the April 24, 2012, meeting will be canceled.Therefore, tonight's meeting will be adjourned to May 8 2012, and Commissioners will be advised as the agenda for that meeting takes shape. CDD/Gubman reminded Commissioners that the Ethics Training is next Thursday, April 19 at the Diamond Bar Center. The 'City ,Clerk will provide information on the training as well as the opportunity to take the ethics training through an alternative venue including online training. CDD/Gubman updated the Commission on the Shell Station project. The City is moving forward with filing civil action against the property owners for failing to perform the work and will be seeking an injunction in civil court and as a follow up to that request, is asking the Court to order the project to be completed. Staff will also be requesting that the judge turn the property over to a receiver to ensure' completion of the project Once the project has gone through the legal channels and if the City prevails, construction should be taken over by the Court ordered receiver and the project should be completed within about three months. Once completed, the property will likely be sold to an individual or company that has the, ability to provide the cash down payment and have the necessary license work in place to begin- resuming business. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:25 p.m. to May 8, 2012, The foregoing minutes are hereby approved this 10th day of April, 2012: Attest: Respectfully Submitted; Greg Gubman (/ Community Development Director Steve Nelson, Vice irairman Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 22, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners: Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented, 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 8, 2012. C/Shah moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of May 8, 2012, as revised per C/Torng: Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Lin ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: 6:1 Review of fiscal Year 2012-2013 Capital Improvement Program (CIP) - Finding Conformity with the General Plan. SP/Lee presented staff's report and recommended that the Planning Commission adopt a Resolution finding the proposed Fiscal Year 2012- 2013 Capital Improvement Program in conformance with the City's General Plan. MAY 22, 2012 PAGE 2 PLANNING COMMISSION VC/Nelson asked how much of the budget for traffic involves cut -through traffic and CDD/Gubman responded that it is largely pass-through traffic that burdens the local street system. VC/Nelson asked if Diamond Bar was responsible for paying for that and CDD/Gubman responded that Diamond Bar is scheduled for ongoing traffic enhancement and if there are projects that are occurring outside of the City where through studies there is a demonstrated impact on intersections to the City, Diamond Bar has some standing in requesting mitigation from those projects outside of the City. Otherwise, ;there are funding sources that the Public Works Department continually seeks to help offset the local burden of paying for those, improvements. VC/Nelson said that for example, if the Industry' stadium is built, what percentage of monies that would have to go toward safety, transportation and traffic management would come from the City of Industry to which CDD/Gubman reiterated that the negotiated settlement with the City of Industry is going to include a lump sum of $20 million for the purpose of addressing traffic impacts to the City. There will also be an annual payment to the City thereafter of a minimum of $700,000 up to over $1 million which would be adjusted for inflation and based on the actual number of events that occur at the stadium The fundamental intent of those` payments is to offset traffic impacts as well as, other currently unforeseen quality of life impacts that are directly, correlated with the stadium operations. VC/Nelson said that if a 3,000 unit project were to be approved in the City of Chino Hills near Grand Avenue, what percentage of the mitigation costs would come from that project..CDD/Gubman responded that there would be a traffic impact analysis that would accompany the -environmental review of such a project and there would be intersections that would be studied for existing and future conditions and the improvements required to be made to those" intersections to improve levels of service either previously identified oridentified as a result of the analysis, would prompt a calculation of the percentage of additional traffic that would flow through a particular intersection as a result of the project. VC/Nelson asked if CDD/Gubman felt the City received a -fair value from this type of project and CDD/Gubman responded that for this type of project it is somewhat fair. What is not fair is all of the projects that have cumulatively occurred that have created a burden at a particular intersection because those developers are long gone and the impact remains. Although Diamond Bar uses :Chino -Hills' intersections as well Diamond Bar uses their intersections a'lot less than they use ours. VC/Nelson said his point was that he would not want the citizens of Diamond Bar losing money to Parks and Recreation so that it can deal with the effects of Chino Hills' growth. MAY 22, 2012 PAGE 3 PLANNING COMMISSION C/Torng said he was interested in the transportation infrastructure projects and asked for verification that it was not paid for with Diamond Bar money. , CDD/Gubman responded that based on the information on, the chart $450,000 is from the City's General Fund and the remainder comes from regional, state and federal funding sources. C/Torng asked which ramps would be closed for the Lemon Avenue Interchange project. CDD/Gubman responded that for Brea Canyon Road, the entrance and exit at Golden Springs Drivewill be closed. Brea Canyon Road will remain open and the Lemon Avenue on/off ramps would be in addition to those. C/Shah said that the City is spending a lot of money on a traffic signal of Shotgun which serves only The Country Estates when there is a traffic signal a short distance away and what justifies the City spending that kind of money on that traffic signal when there is a traffic signal for the Diamond Bar Center only a few feet away. CDD/Gubman responded that the intersection in question is the "offset" intersection that serves the Diamond Bar Center as well as, The Country Estates. SP/Lee said she was told that if serves to realign so that "The Country Estates has direct ingress/egress. C/Torng stated that the report refers to ongoing negotiations with The Country Estates to decide what the shared expense will be. SP/Lee referred C/Shah to Page 4 of staff's report which states that "The City will be presenting to the HOA to see if there is any buy -in and willingness to participate in the cost of the improvements." C/Farago asked who benefits from the signal and C/Shah said "just the Country." C/Farago said if that is the case, would not The Country Estates burden the entire cost? C/Shah said there is a right turn movement only with a significantly large queuing lane (on their property to prevent traffic backup on Grand Avenue) at Shotgun. When residents exit the community they have a traffic signal light and he believes that if they want a traffic signal light' they should pay for it.>CDD/Gubman responded that this is a good example of traffic improvements in terms of its intrinsic benefit to the circulation system being consistent with the General Plan because it does improve the overall circulation system within the City. The City, Council requires the finding that the Planning Commission makes that this improvement, along with all of the others further the goals and objectives of the General Plan. The City Council has to make the decision on the actual expenditures of funds for specific project so the appropriateness or whether these monies should be spent elsewhere is a fiscal decision for the City Council to consider. So that debate is one that the City Council will need to take into account along with all of the other line items in the Capital Improvement Plan for the upcoming Fiscal Year MAY 22, 2012 PAGE 4 PLANNING COMMISSION and certainly, through the minutes that are going to be presented to the City Council with this Resolution, depending on what the; Planning Commission adopts today. Therefore, the Commissioner's input will be provided on that matter: Chair/Lin asked if the Commission could include an addendum or attach a comment about this particular item with the motion CDD/Gubman said that the Commission could craft a finding or recital in the Resolution for the General Plan consistency which puts this particular budget item of interest into the Resolution with some reservations. Chair/Lin stated that typically, when a development occurs in one city the neighboring city ,can act as a'proponent or opponent of the proposed project. Unfortunately, traffic does not have a boundary. Chair/Lin asked why the Grand Avenue widening 'project was not in the CIP report. CDD/Gubman responded that that project is not being funded by the City but by the City of Industry. CDD/Gubman recommended that under Section 8 of the Resolution a sixth recital be added to wit Whereas, during the deliberations at its May 22, 2012, meeting, the Planning Commission expressed reservations regarding the extent of the City's contribution' toward the Shotgun Lane intersection improvements and that an appropriate fair -share from "The Country Estates Association" should be considered as a significant funding source. C/Shah moved, VC/Nelson seconded the motion with the provision that the addendum language be strengthened by eliminating the term "reservations" and indicating the Commissions' belief that "The Country Estates Homeowners Association should pay for all improvements to Shotgun Lane, to adopt`a Resolution finding the proposed Fiscal Year 2012-2013 Capital Improvement Program in conformance with the City's General Plan with the addition of the amendment regarding Shotgun Lane. Chair/Lin said he would be abstaining from the roll call vote on this item because he believed` his company was involved in the Shotgun intersection design. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS Farago, Shah, Torng, VC/Nelson NOES:: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Lin ABSENT: COMMISSIONERS`. None MAY 22, 2012 PAGE 5 PLANNING COMMISSION 7. PUBLIC HEARINGS: 8 PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman confirmed that the next Planning Commission meeting will be held on June 12, 2012. There are currently two public hearing items scheduled for the agenda. one for an expansion of the emergency veterinary hospital on Diamond Bar Boulevard in the Oak Tree Lanes Shopping Center and the second item is for a new custom home in The Country Estates. CDD/Gubman stated that regarding the Ralpns space, as of today, negotiations are still moving forward with some deal points yet to be resolved between the grocery, tenant and the shopping center owner: CDD/Gubman asked the Commissioners to consider comments he heard about the roll call vote custom. The custom is that it is alphabetical for the three commissioners that are not VC or Chair and the last two names in the roll call are the VC and Chair, in that order. That has been the custom in DiamondBar but it is not etched in stone. One of the consequences of that is that the same person is always casting the first vote and the same person is always casting the deciding vote in any given year. There are other ways roll call can be conducted whether it be rotational or a hybrid of that where the VC and Chair are casting the final two votes but the other three votes being cast are on a rotating basis.- If the Commission wishes to change the way the roll is called during the ;voting procedure this can be discussed now or at a future meeting. Chair/Lin said he was comfortable with the current roll call method unless there was a controversial matter. VC/Nelson said that historically, the roll call format had always been to call on the maker of the motion first, the seconder of the motion next, and then finish in the succession with the remaining commissioner(s). Chair/Lin agreed that roll call vote would go forward with this method. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING MAY 10, 2012 _ CALL TO ORDER: Chairman Carrera called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner House led the Pledge of Allegiance. ROLL CALL: Commissioners Kevin House, Jen "Fred" Mahlke, Liana Pincher, Vice Chairman Kenneth Mok and Chairman Ted Carrera Also Present: David Liu, Public Works Director; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer, Christian Malpica, Associate Engineer (Traffic), and Marcy Hilario, Administrative Coordinator. L APPROVAL OF MINUTES: A. Minutes of the April 12, 2012 regular meeting. C/Pincher moved, VC/Mok seconded, to approve the April 12,2012 minutes as submitted. Motion carried by the following Roll Call vote. AYES: COMMISSIONERS: House, Mahlke, Pincher, VC/Mok Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 11. PUBLIC COMMENTS: None Offered. III. ITEMS FROM STAFF: A. Receive and File Traffic Enforcement Updates for. 1. Citations February, March, April 2012 2. Collisions: February, March, April 2012 3. Street Sweeping: February, March, April 2012 MAY 10, 2012 PAGE 2 T&T COMMISSION C/House moved, C/Mahlke seconded, to receive and file updates as submitted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: House, Mahlke, Pincher, VC/Mok Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None IV. OLD BUSINESS: None V. NEW BUSINESS: None VI. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu stated that previously, staff forwarded a concern from a commuter, Mr. Laybourn, regarding the traffic condition at the intersection of Brea Canyon Road and Golden Springs Drive. Today staff received an updated response from Mr. Laybourn. Staff will follow up with Mr. Laybourn and advise him that this matter has been previously addressed. SE/Yee reported that the issue involves vehicles making a right turn movement from southbound Brea Canyon Road to westbound Golden Springs Drive. The concern arises during the afternoon rush hour when many vehicles are queued and, at times, backed up through the intersection. The issue is that as Mr. Laybourn is traveling westbound on Golden Springs Drive, vehicles making right turns on red from Brea Canyon Road cut into his lane of traffic. Enforcement of that activity is technically not illegal unless there are vehicles that are coming on the approach and moving into the intersection as a southbound vehicle on Brea Canyon Road is making a right turn move onto Golden Springs Drive. The Sheriffs Department is fully aware of the situation and enforces that circumstance when it arises. PWD/Liu stated that the 600 feet of red curb and signage along southbound Diamond Canyon Road was completed last week. He visited the site this morning and noticed about a dozen cars parked further south in the straight-away section. Staff will continue to monitor the area and report back to the Commission; PWD/Liu reported that at its last meeting, theCityCouncil extended the crossing guard services contract to All City Management for an additional two years. The new contract will be good through June 30, 2014. Chair/Carrera asked if Mr. Laybourn was the only resident who made this observation or if staff had received prior concerns from other residents. SE/Yee responded that about two years agoanotherindividual raised the same issue. ,At that time, staff investigated the possibility of having Caltrans modify the ramp metering at the on- ramp, which is the cause of the congestion due to the short stretch between the on- ramp and the intersection. Caltrans indicated they were willing to make a minor MAY 10, 2012 PAGE 3 T&T COMMISSION modification to increase the metering rate; however, the adjustment was minimal as Caltrans's priority is to maintain traffic flow on the mainline freeway. When staff received Mr. Laybourn's letter, Caltrans was contacted again. Staff will continue to push for further improvement on the metering rate. PWD/Liu stated that when the Lemon Avenue Interchange Project is completed, the two hook ramps will be removed which will dramatically improve the service and congestion level. Chair/Carrera felt it was an enforcement issue. C/Mahlke asked what signage was in place. PWD/Liu said there is no signage required. When a motorist comes to a red light, he or she is obligated to stop and look in all directions before proceeding.There area couple of intersections in the City where making a right -turn -on -red is prohibited; however, it is not prohibited at this intersection. PWD/Liu responded to C/Mahlke that restrictive signage has to be backed up by legal authority and drivers are responsible for having a general understanding of the traffic rules. The rule is that when a driver 'approaches a red light, he or she must stop and observe the traffic situation before proceeding. C/House shared that when he read the letter, he understood it to mean that he (Mr. Laybourn) was going straight through traffic and the vehicles he spoke about were coming into the right lane. C/House felt it offered an opportunity for a sign that called out a $500 fine for blocking the intersection. Chair/Carrera asked if staff felt there was a line of sight issue in regard to westbound traffic. SENee responded that he did: not believe there was aline of sight issue at this location. The fact that there are so many Vehicles queued up in the area during rush hour is indicative of the. circumstances of heavy traffic flow. VII. ITEMS FROM COMMISSIONERS: VC/Mok asked if there were any flyers placed on the dozen or so vehicles that were parked beyond the red curbing on Diamond Canyon Road and he asked if there will be flyers placed on their vehicles reminding them to not litter and to be careful when making u -turns. PWD/Liu stated that prior to the red curbing, the residents, and vehicle owners were notified. Since that time, there has been no follow up. There were comments from both the residents and the vehicle owners when the agenda item was discussed during a previous Commission meeting. Staff's goal is to continue to monitor the area and, based on past and current observations, no litter was observed. C/Pincher asked about the theory of the pavement arrows around town, such as the arrows on Grand Avenue approaching Montefino Avenue from Golden Springs Driver Another area is on Brea Canyon Road approaching Diamond Bar Boulevard traveling north. The intersections of Silver Bullet Drive and Copper Canyon seem to provide the driver a much better idea of what to do when approaching those intersections - Some drivers speed through those lanes and cut back into the remaining Janes. MAY 10, 2012 PAGE 4 T&T COMMISSION PWD/Liu explained that typically, these arrows are installed (painted) on wider lanes. j The purpose of the arrows is to indicate to the motorist that he or she will be merging with, the through traffic and that the motorist should accelerate or decelerate accordingly. Motorists used to use the wider lane (#2 curb lane) going eastbound to pass; therefore, just past the Montefino Avenue intersection, the City installed the cross hatch areas to prevent drivers from believing it was a passing lane. Legally, people can use the extra width to pass on the right, but not impede traffic. Staff has been talking about discussing the matter with the City's traffic engineer to see if he has other ideas for addressing this issue. The City can attempt to change drivers' behavior but it still comes down to enforcement. C/House stated that it appears to him there is a right turn lane on Grand Avenue and then arrows indicating to drivers to get out of the right turn lane. He does not understand why drivers are directed to get out of the right lane when they need to make a right turn. C/House shared that a few weeks back, Diamond Bar Boulevard was completely shut down and he was "parked" on the street for over a half hour. Apparently, there was curb construction with the curbs being poured on both sides of the street at the same time. This narrowed Diamond Bar Boulevard to one lane. C/House also shared that when: he called the City to inquire about the situation, he was told he could leave a message for PWD/Liu. He asked if there is anyone of the City that can be called during an emergency during non office hours. PWD/Liu responded that in an emergency situation the general public is directed to call 911, the Sheriffs Department or Fire Department; however, there are many staff members that are on an emergency, contact list. For example, if there is a water main break, PWD/Liu is on that call list; but, he is not the first to be called, it would be the water district. If there is a signal malfunction, the contractor would be called first and so forth. The emergency service providershavethe numbers of the staff members to contact in those cases of emergency.' - AE/Young responded to C/House regarding the curb construction. She stated that the contractor did that work with the City's permission. Because of the nature of pedestrian traffic at the intersection of Diamond Bar Boulevard and Mountain Laurel Way, the City required the contractor to demolish and replace all four curb ramps the same day. In order to do that, the contractor was asked to prohibit the demolition until after the morning pedestrian rush hour traffic which they did:The contractor then informed the City that they would be pouring concrete during the afternoon rush hour. Staff had the Sheriff's Department in place to try to get traffic through; however;; because of the congestion of both pedestrian and vehicular traffic, it was jammed up more than anyone anticipated. Both she and AE/Malpica were on site for about a half hour. Also, AE/Malpica adjusted the traffic signal timing to try to get as much traffic through as possible. Staff also had to work with the pedestrians' because all four' ramps were .closed, which resulted in narrowing the lane to accommodate the " pedestrian traffic and maintain' a safe access C/House said it was not a good situation and he does not agree with the decision. Chair/Carrera asked if the project MAY 10,2012 PAGE 5 T&T COMMISSION was completed and whether the City expected additional ramps being installed'. SE/Young responded that the project was completed. VIII. INFORMATIONAL ITEMS: A. Median Modification - Diamond Bar Boulevard/Clear Creek Canyon Drive - AE/Malpica reported that this project has been partially completed. There are outstandingpunch list items and once those items are completed, staff will take the Notice of Completion to: the June 19th City Council' meeting for consideration. He noted that left turns are no longer prohibited during the weekend. B. Copley Drive Crosswalk Beacon & Foothill Transit Bus Stops Relocation - AE/Malpica explained that plans and specifications for the project are currently being advertised with the bid opening scheduled for Wednesday, May 16t The project involves sidewalk improvements to accommodate a bus stop relocation along Copley Drive curb ramps retrofit, and installation of two flashing beacons to facilitate visibility at the existing crosswalk C Golden Springs Drive Drainage Improvement Project — SE/Yee reported that this project is currently being advertised for bids. The project involves the construction' of three new catch basins and storm drain laterals to mitigate the drainage issues and storm water run-off occurring on Golden Springs Drive between Lavender Drive and the Calvary Chapel driveway. Bids are scheduled to be opened on Wednesday, May 16th D. Grand Avenue Confluence Project SE/Yee stated that there has not been a lot of movement or any updates. In early June; staff will approach the City Council with a freeway agreement related to the westbound SR -60 on-ramp construction.' The agreement establishes Diamond Bar's responsibility; for ownership and maintenance of the portions of old Brea Canyon Road which will be realigned as a result of the new on-ramp project. E Residential Area 1(a)/Arterial Zone 6 Road Maintenance Project-AE/Young stated that seven (7) bids were received and publicly opened and read on May 3 d. The apparent lowest responsive' bidder was Hardy and Harper with a submitted bid amount of $1,212,000. The engineer's estimate was $1,141,200. Although the bid was higher than the estimate, the City has funding available for the larger amount. The contract is expected to go to City Council on Tuesday, May 15th for approval. F. Chino Hills Parkway/Chino Avenue Street Rehabilitation Project AE/Young indicated that seven (7) bids were received and publicly opened and read on May ;2nd. All American Asphalt was the apparent low bidder with a submitted bid amount of $606,000. The engineer's estimate was $643;000.This contract is expected to go to City Council on Tuesday, May 15th'for approval. MAY 10, 2012 PAGE 6 T&T COMMISSION G. Pathfinder Road Erosion Control Project-AE/Young reported that this project involves the construction of a 2.67 foot slough wall along the south side of Pathfinder Road from Diamond Bar Boulevard to just west of Presado Drive. Improvements will mitigate rainwater run-off into about 12 homes below the sidewalk grade. The engineer's estimate for this pro )ect is $47,000 and the bid opening is scheduled for tomorrow, Friday, May 11 h. C/Pincher asked for clarification of the project which was provided by AE/Young. VC/Mok asked howlongthe project would last and if any parking spaces would' be impacted. AE/Young` responded yes;' parking spaces will be impacted. This is a 30 working day project, which will most likely take less time. The City requires that the contractor not commence work until summer time, after school lets out. There may be some consideration for summer school but staff intends to coordinate that matter with the school district. H SR60/Lemon Avenue Partial Interchange Project—AE/Young stated that staff held its project team meeting update yesterday. The residential appraisal report for the partial property takes has been submitted for approval, which is expected by July at the latest. It was anticipated that all property takes would be partial; however, there is one property that will be given a dual offer of a partial orfull take of the entire property.This is because the partial take would constitute a "take' of the swimming pool, which the owners feel prohibits their ability to live in home as it was intended to be inhabited. The commercial. appraisals have not yet been completed. Chair/Carrera asked if the "takes" from the nursery and LA Fitness were approximately equal. AE/Young responded the ".take" from LA Fitness is probably greater. A portion of the nursery actually sits on the Caltrans right-of-way, which the nursery leases. However, the nursery does own property adjacent to that right-of-way. Their "take' is a very small sliver but because of the Caltrans right-of-way, it will largely affect the nursery. The LA Fitness "take" involves some of the parking spaces: I. FY 2012-13 City Council Goals & Objectives — PWD/Liu reported that this matter was adopted by the City Council on May "t.' The items list contained within the packet reflect the projects, the challenges, and matters deemed most important by the City Council on an annual basis. There are four specific categories and a total of 16 goals, seven of which have to do with transportation and traffic related issues. Chair/Carrera asked staff's opinion of the flashing crosswalk beacons. SE/Yee responded that staff worked with a consultant who had experience in using. both the in -pavement lighting versus the beacons. The consultant advised staff that the flashing beacons were statistically more effective at notifying motorists with respect to accidents. In addition, there is less maintenance involved. MAY 10, 2012 PAGE 7 T&T COMMISSION' Chair/Carrera asked where Residential Area #1 is. AE/Young explained that Residential Area #1a is; what is referred to as the Sunset Crossing Road/Prospectors Road neighborhood, which surrounds Armstrong Elementary School bounded by Diamond Bar Boulevard and the SR -57/60. PWD/Liu explained to Chair/Carrera that the mid -block crossings were installed prior to the City's Incorporation. Over the last 20 plus years, the City has yet to install mid -block crosswalks based on questionable issues and lessons learned. Staffs recommendation is to not install any type of mid -block crosswalks: IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Carrera adjourned the meeting at 7:54 p.m The foregoing minutes are hereby approved this f�� day of I(N1� 2012, Respectfully, David G Liu, Secretary Attest: Chairman Ted Carrera CITY COUNCIL Agenda # 6.4 Meeting Date: July 17th, 2012 AGENDA REPORT TO: Honorable Mayor and Members the City Council FROM: James DeStefano, City Man g TITLE: Ratification of Check Register dat d June 14, 2012 through July 11, 2012 totaling $ 4,214,583.42. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 4,214,583.42 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated June 14, 2012 through July 11, 2012 for $ 4,214,583.42 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Fua Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 06/14/12 through 07/11/12. 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 June 14, 2012 through July 11, 2012 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $3,134,200.36 Prop A - Transit Fund $324,167.72 Prop C - Transit Tax Fund $79,568.23 Integrated Waste Mgt Fund $58,927.05 Traffic Improvement Fund $3,298.11 Air City Mgt Fund $5,733.09 Com Dev Block Grant Fund $36,644.37 COPS Fund $508.67 LLAD 38 Fund $43,787.77 LLAD 39 Fund $34,136.79 LLAD 41 Fund $14,248.94 Enrgy EF & Cnsvtn Block Grant $260,979.00 Capital Imp Projects Fund $206,151.43 Computer Eq. Repl Fund $12,231.89 $4,214,583.42 Signed: Dianna Honeywell Finance Director City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2012 1 100000 STELLATULLY FACILITY REFUND -DBC 1 001 36615 400.00 $400.00 7/6/2012 1 100001 MORAIMAVALEZ FACILITY REFUND -DBC 001 23002 500.00 $500.00 7/6/2012 100002 VANTAGEPOINTTRNSFRAGNTS-303248 7/6/2012 -LOAN DEDUCTIONS 001 211081,676.47 350.00 $25,725.33 7/6/2012 1 VANTAGEPOINTTRNSFRAGNTS-303248 7/6/12-P/R DEDUCTIONS 001 21108 24,048.86 7/6/2012 100003 DAVID WISE FACILITY REFUND -DBC 001 23002 350.00 $550.00 7/6/2012 1 DAVID WISE FACILITY REFUND -DBC 001 23002 200.00 7/6/2012 1 100004 JAMES YAP FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 7/6/2012 1 ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 70.86 1 7/6/2012 1 100005 IHUI LING YU RECREATION REFUND 1 001 1 34760 1 247.00 $247.00 7/6/2012 1 100006 DANIEL ZAMBRANO 11FACILITY REFUND -PETERSON 001 23002 1 50.00 $50.00 7/6/2012 1 100007 ALBERTSONS SUPPLIES -RECREATION 0015350 1 41200 1 382.03 $382.03 7/6/2012 100008 ARROWHEAD EQ RENTAL -DBC 0015333 42130 11.95 $82.81 7/6/2012 1 ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 70.86 1 7/6/2012 100009 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -COMM SVCS 0014093 412011 162.80 $394.67 7/6/2012 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC .0015333 41200 231.87 1 7/6/2012 1 100010 COUNTY OF LOS ANGELES RECORDING FEES-MINNQ LNDS 0014090 1 44000 1 64.001 $64.00 7/6/2012 100011 DFS FLOORING CORP MAINT-HERITAGE 0015340 42210 385.00 $585.00 7/6/2012 1 DFS FLOORING CORP SUPPLIES -DBC 0015333 42210 1 200.00 7/6/2012 1 100012 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 1 45300 1 375.00 $375.00 7/6/2012 1 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 7/6/2012 1 100013 DOGGIE WALK BAGS INC SUPPLIES -PARKS 0015340 41200 1 1,903.13 $1,903.13 7/6/2012 1 100014 ELITE CONSTRUCTION HIP PROG-23705 MEADOW FILL 1 1255215 1 44000 1 1,495.00 $1,495.00 7/6/2012 100015 EVERGREEN INTERIORS PLANT SVCS -DBC 0015333 45300 177.00 $312.00 7/6/2012 1 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 Page 1 Check Date City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 vendor Name Description Fund/ Dept I Acct# I Amount I Total Check Amount 7/6/2012 1 100016 DAVID FERNANDEZ CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 504.00 $504.00 7/6/2012 FTO0017 INLAND EMPIRE STAGES EXCURSION -SR 0015350 45310 972.00 $1,792.00 7/6/2012 1 JINLAND EMPIRE STAGES TRANS -SR EXCURSION 1125350 45310 820.00 7/6/2012 1 100018 JK CONSTRUCTION HIP PROG-WOOD REPAIR 12552157 44000 1 190.00 $190.00 7/6/2012 1 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -APR 0014411 45401 355.62 7/6/2012 100019 LEWIS ENGRAVING INC. SUPPLIES -BLDG & SFTY 0015220 41200 396.56 $396.56 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1385538 42126 521.13 7/6/2012 1 100020 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-MAY 0015340 1 42210 239.57 $239.57 7/6/2012 100021 LOSANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -MAY 0014411 45401 8,632.13 $8,987.75 7/6/2012 1 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -APR 0014411 45401 355.62 7/6/2012 1 100022 MC GENERAL CONTRACTORS INC HIP PROG-283 S PLATINA 1255215 1 44000 1 1,500.001 $1,500.00 7/6/2012 SMART&FINAL SUPPLIES -DAY CAMP 0015350 41200 228.85 7/6/2012 100023 MITY LITE INC SUPPLIES -CITY HALL 0014093 1 46220 1 1,876.87 $1,876.87 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1385538 42126 521.13 7/6/2012 100024 OLYMPIC STAFFING SERVICES TEMP SVCS -COM DEV 6/15 1 0014060 1 44000 1 794.401 $794.40 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 3,481.94 7/6/2012 1 100025 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-JUN/JUL 1 0014090 42125 662.02 $662.02 7/6/2012 100026 PANELIZED STRUCTURES SOLAR SYS -CITY HALL 1565610 46310 260,979.001 $260,979.00 7/6/2012 100027 RKA CONSULTING GROUP PROF.SVCS-PLAN CHECK 1 0014093 1 44000 1 300.001 $300.00 7/6/2012 100028 SMART & FINAL SUPPLIES -PARKS 0015340 412 00 243.79 $742.29 7/6/2012 SMART&FINAL SUPPLIES -DAY CAMP 0015350 41200 228.85 7/6/2012 SMART&FINAL SUPPLIES -TINY TOTS 0015350 41200 269.65 7/6/2012 100029 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.14 $4,776.87 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 240.53 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1385538 42126 47.95 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1385538 42126 521.13 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 462.18 7/6/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 3,481.94 Page 2 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct # i Amount I Total Check Amount 7/6/2012 1 100030 TIME WARNER CABLE CABLE SVCS -HERITAGE PK 0015340 1 42125 1 116.01 $116.01 7/6/2012 100031 TRANE SERVICE GROUP INC HVAC MAINT-CITY HALL 0014093 422108,670.67 1,335.03 $43,410.70 7/6/2012 1 TRANE SERVICE GROUP INC HVAC MAINT-CITY HALL 0014093 42210 1 34,740.03 7/6/2012 100032 VERIZON CALIFORNIA PH. SVCS -DBC 0015333 1 42125 1 350.911 $350.91 7/6/2012 100033 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 1,335.03 $1,358.90 7/6/2012 1 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 23.87 6/21/2012 12 -PP 13 COMMONWEALTH BUSINESS BANK RETENTION -CITY HALL 4/30 001 20300 397.17 $226,005.86 6/21/2012 COMMONWEALTH BUSINESS BANK RETENTION -LIBRARY 4/30 001 20300 2,481.68 6/21/2012 99606 PAYROLLTRANSFER P/R TRANSFER-12/PP 13 113 10200 5,247.94 $6,752.40 6/21/2012 PAYROLL TRANSFER P/R TRANSFER-12/PP 13 115 10200 6,134.91 6/21/2012 99607 PAYROLLTRANSFER P/R TRANSFER-12/PP 13 125 10200 416.59 $6,095.00 6/21/2012 COMMONWEALTH BUSINESS BANK RETENTION -CITY HALL 5/31 001 20300 380.00 6/21/2012 99608 COMMONWEALTH BUSINESS BANK RETENTION -LIBRARY 5/31 001 20300 40,512.92 $150.00 6/21/2012 PAYROLLTRANSFER P/R TRANSFER-12/PP 13 001 10200 166,678.89 6/21/2012 99609 1PAYROLLTRANSFER P/R TRANSFER-12/PP 13 112 10200 3,755.76 $637.00 7/6/2012 12 -PP 14 PAYROLL TRANSFER P/R TRANSFER-12/PP 14 001 10200 176,027.19 $195,445.61 7/6/2012 PAYROLLTRANSFER P/R TRANSFER-12/PP 14 112 10200 5,403.54 7/6/2012 99606 PAYROLLTRANSFER P/R TRANSFER-12/PP 14 113 10200 6,696.44 $6,752.40 7/6/2012 PAYROLLTRANSFER P/R TRANSFER-12/PP 14 115 10200 6,670.03 7/6/2012 99607 PAYROLLTRANSFER P/R TRANSFER-12/PP 14 125 10200 648.41 $6,095.00 6/14/2012 1 99605 AGATI INC FURNITURE -LIBRARY 0014093 1 46220 1 136,193.00 $136,193.00 6/14/2012 1 99606 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -MAY 1 0014411 1 45410 1 6,752.401 $6,752.40 6/14/2012 1 99607 ARCADIA FURNITURE -LIBRARY 0014093 1 46220 1 6,095.00 $6,095.00 6/14/2012 1 99608 AEP WORKSHOPS MEMBERSHIP DUES -FY 2012 0015210 1 42315 1 150.00 $150.00 6/14/2012 1 99609 BMI EMI -CONCERTS IN PARK 0015350 1 45305 1 637.001 $637.00 Page 3 Check Date (Check City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Fransaction Description I Fund/ Dept I Acct# I Amount 6/14/2012 1 99610 BOY SCOUT TROOP 777 FOOD REIMB-CITY B/DAY 1 0015350 1 42353 1 45.00 $45.00 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014030 40080 93,564.52 6/14/2012 99611 MAYBRENDA RECREATION REFUND 1 001 1 34780 1 209.001 $209.00 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014060 40080 18,735.80 6/14/2012 99612 CONCEPCION BUNDALIAN FACILITY REFUND-PANTERA 001 23002 100.00 $100.00 - 6/14/2012 99613 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014010 40080 4,987.78 $588,271.00 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014030 40080 93,564.52 6/14/2012 99615 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014050 40080 31,611.85 $111.11 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014060 40080 18,735.80 6/14/2012 99616 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014070 40080 41,143.15 $50.00 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014095 40080 28,533.65 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015333 40080 18,201.18 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0014096 40080 9,181.16 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015210 40080 48,811.56 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015220 40080 9,873.15 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015230 40080 23,763.48 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015310 40080 32,490.59 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015340 40080 15,308.96 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015350 40080 80,122.97 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015510 40080 38,594.29 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015551 40080 22,602.38 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 0015554 40080 22,855.38 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 1125553 40080 11,932.57 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 1135553 40080 12,810.55 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM PAYOFF PERS SIDE FUND 1155515 40080 22,674.66 6/14/2012 CA PUBLIC EMPL RETIREMENT SYSTEM 1PAYOFF PERS SIDE FUND 1255350 1 40080 471.37 6/14/2012 1 99614 CAPRCBM JMEMBERSHIP DUES -P & R COM 1 0015310 1 42315 1 190.00 $190.00 6/14/2012 1 99615 ICAROLAHERRERA REIMB-CCCACONF 0014010 1 42330 1 111.11 $111.11 6/14/2012 1 99616 1 PATRICIA CARRILLO FACILITY REFUND-REAGAN 1 001 1 23002 1 50.001 $50.00 Page 4 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/14/2012 99617 CDW GOVERNMENT SECURITY CAMERA RE -FRESH 5304070 46230 8,500.00 $9,577.69 6/14/2012 99619 CDW GOVERNMENT COMP EQ-I.T. 0014070 46230 163.42 $200,000.00 6/14/2012 CDW GOVERNMENT COMP EO-I.T. 0014070 41200 868.47 6/14/2012 99620 CDW GOVERNMENT COMP EQ-I.T. 0014070 41200 45.80 $2,820.00 6/14/2012 1 99618 JALPACHAUDHARI IRECREATION REFUND 1 001 1 34780 1 47.00 $4200 6/14/2012 DAVID J. GRUNDY P & R COMM -APR 0015350 44100 1 45.00 1 6/14/2012 1 99619 CITY OF INDUSTRY SALE OF PROP A FUNDS 1124090 1 47230 1 200,000.001 $200,000.00 6/14/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 12.99 6/14/2012 1 99620 CLARK ROOFING INSTALL -PV SYSTEM 0014090 1 44000 1 2,820.001 $2,820.00 6/14/2012 1 99621 TRACIE CORTEZ FACILITY REFUND-REAGAN 001 1 23002 1 50.00 $50.00 6/14/2012 1 99622 COUNTRY GARDEN CATERERS INC CATERING SVCS-CCCA MTG 0014090 1 42325 1 5,933.30 $5,933.30 6/14/2012 1 99623 CA PARKS & REC SOC -DIS XIII I MTG-REC STAFF 0015310 1 42325 1 20.001 $20.00 6/14/2012 1 99624 DAVID EVANS AND ASSOCIATES INC ENG SVCS -LEMON INTRCHNG 0015551 1 45221 1 858.25 $858.25 6/14/2012 99625 DAVID J. GRUNDY P & R COMM -MAY 0015350 44100 45.00 $90.00 6/14/2012 DAVID J. GRUNDY P & R COMM -APR 0015350 44100 1 45.00 1 6/14/2012 99626 DAY& NITE COPY CENTER COPY SVCS -EN 07-555 001 23012 112.96 $112.96 6/14/2012 CAROL DENNIS PROF.SVCS-T&T MTG 0015510 44000 1 150.00. 6/14/2012 1 99627 JAMES DESTEFANO REIMB-LEAGUE CONF 0014030 1 42330 1 82.00 $82.00 6/14/2012 99628 CAROL DENNIS PROF.SVCS-CCNCL MTG 0014030 44000 175.00 $325.00 6/14/2012 CAROL DENNIS PROF.SVCS-T&T MTG 0015510 44000 1 150.00. 6/14/2012 99629 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 200.82 $354.72 6/14/2012 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 52.95 6/14/2012 DIAMOND BAR HAND CAR WASH CAR WASH -RD MAINT 0015554 42200 49.99 6/14/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 12.99 6/14/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015333 42200 37.97 6/14/2012 1 99630 DIAMOND BAR HIGH SCHOOL BAND ENTERTAINMENT -TINY TOTS 1 0015350 1 45300 1 150.00 $150.00 Page 5 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 6/14/2012 99631 DIAMOND BAR/WALN UT YMCA JCDBG PROG-CHILD CARE APR 1255215 1 42355 1 540.001 $540.00 6/14/2012 1 99632 DIANA CHO & ASSOCIATES CDBG CONSULTANTS -MAY 1255215 44000 1,600.00 $1,600.00 6/14/2012 1 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 1 42210 107.00 6/14/2012 1 99633 IDIVERSIFIED TRANSPORTATION INC SHUTTLE SVCS -CITY B/DAY 1125350 1 45310 1 1,762.291 $1,762.29 6/14/2012 EXCELLANDSCAPE MONTHLY MAINT-DIST41 1415541 45500 4,143.87 6/14/2012 99634 DS CONSULTANTS CIVIL ENGINEERS INC M ENG SVCS-PTHFNDR EROSION 0015551 45221 1,176.00 $1,176.00 6/14/2012 99635 ANNETTE DRUMONDE FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 6/14/2012 1 99636 SYNTHIA DURAZO FACILITY REFUND -DBC 001 1 23002 1 800.35 $800.35 6/14/2012 99637 ANITADUTT FACILITY REFUND -DBC 001 1 23002 1 500.00 $500.00 6/14/2012 1 99638 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 $337.00 6/14/2012 1 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 1 42210 107.00 6/14/2012 99639 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 171.31 $27,644.13 6/14/2012 EXCELLANDSCAPE MONTHLY MAI NT -DIST 38 1385538 45500 11,718.00 6/14/2012 99641 EXCELLANDSCAPE MONTHLY MAINT-DIST 39 1395539 45500 11,610.95 $195.75 6/14/2012 EXCELLANDSCAPE MONTHLY MAINT-DIST41 1415541 45500 4,143.87 6/14/2012 1 99640 1EXTERIOR PRODUCTS INC INSTALL BANNERS-CNCRT PK 1 0015350 1 45305 1 1,710.00 $1,710.00 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 04-453 001 23012 56.93 6/14/2012 1 99641 FOOTHILL BUILDING MATERIALS INC SUPPLIES-P/WORKS SAND 0014440 1 41200 1 195.75 $195.75 6/14/2012 1 99642 LUCY FREYFE RECREATION REFUND 001 1 34740 1 79.00 $79.00 6/14/2012 1 99643 IYENNY GANI IFACILITY REFUND-REAGAN 001 23002 1 50.00 $50.00 6/14/2012 1 99644 GATEWAY CORPORATE CENTERASSOC CAPITAL CONTRIB-JUN 2012 0014093 1 42210 1 1,785.00 $1,785.00 6/14/2012 1 99645 GUNLOCKE FURNITURE -LIBRARY 0014093 1 46220 1 23,035.57 $23,035.57 6/14/2012 99646 HALL & FOREMAN, INC. PROF.SVCS-EN 04-453 001 23012 316.25 $4,016.41 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 04-453 001 23012 56.93 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 04-453 001 34650 -56.93 Page 6 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/14/2012 99646... HALL & FOREMAN, INC. PROF.SVCS-MAP REVIEW 0015551 R45223 420.00 $4,016.41 ... 6/14/2012 99649 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 373.75 $350.00 6/14/2012 HALL & FOREMAN, INC. PROF.SVCS-MAP REVIEW 0015551 45223 1,530.16 6/14/2012 99650 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 371.11 $45.00 6/14/2012 HALL & FOREMAN, INC. PRORSVCS-EN 07-560 001 23012 491.39 6/14/2012 99651 HALL & FOREMAN, INC. ADMIN FEES -EN 07-560 001 23012 88.45 $45.00 6/14/2012 HALL & FOREMAN, INC. _ PROF.SVCS-EN 11-722 001 23012 201.25 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-722 001 23012 36.23 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-722 001 34650 -36.23 6/14/2012 HALL & FOREMAN, INC. PROF.SVCS-EN 12-761 001 23012 312.50 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 12-761 001 23012 56.25 6/14/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 12-761 001 34650 -56.25 6 /1 412 01 2 HALL & FOREMAN, INC. ADMIN FEES -EN 07-560 001 34650 -88.45 6/14/2012 99647 HARKINS THEATRE EXCURSION -DAY CAMP 0015350 1 42410 772.00 $0.00 6/14/2012 1 1HARKINS THEATRE EXCURSION -DAY CAMP 0015350 42410 -772.00 6/14/2012 1 99648 IHEERY INTERNATIONAL INC CNSTRCTN-C/HALL, LIBRARY 1 0014093 1 46310 1 1,200.00 $1,200.00 6/14/2012 1 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-452 001 23010 387.20 6/14/2012 1 99649 BRENDA HEMRY FACILITY REFUND -DBC 001 23002 1 350.00 $350.00 6/14/2012 1 99650 ADELAIDA HENDRIX FACILITY REFUND-SYC CYN 001 1 36625 1 45.001 $45.00 6/14/2012 1 99651 LEW HERNDON IP & R COMM -MAY 1 0015350 1 44100 1 45.00 $45.00 6/14/2012 99652 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2012-463 001 23010 390.14 $777.34 6/14/2012 1 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-452 001 23010 387.20 6/14/2012 1 99653 INLAND VALLEY DAILY BULLETIN PUBLICATIONS -RENEWAL 1 0014090 1 42320 1 228.00 $228.00 6/14/2012 JOE A. GONSALVES & SON INC. QUARTERLY FILING FEE 0014030 1 44000 45.00 1 6/14/2012 1 99654 ITERIS INC JCCTV DESIGN & INSTALL 2505510 1 46412 1 6,048.00 $6,048.00 6/14/2012 99655 JK CONSTRUCTION HIP PROG-20580 CALPET DR 1255215 1 44000 1 11710.00 $1,710.00 6/14/2012 99656 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -JUN 12 0014030 44000 3,000.00 $3,045.00 6/14/2012 JOE A. GONSALVES & SON INC. QUARTERLY FILING FEE 0014030 1 44000 45.00 1 Page 7 Check Date City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Description I Fund/ Dept I Acct# I Amount I Total Check Amount 6/14/2012 1 99657 HOLLIE KEETON FACILITY REFUND -DBC 1 001 1 23002 1 900.00 $900.00 6/14/2012 99658 KENS HARDWARE SUPPLIES -CITY HALL 0014093 42210 27.19 $615.52 6/14/2012 1 KENS HARDWARE SUPPLIES -PARKS 0015340 41200 128.68 6/14/2012 99662 KENS HARDWARE SUPPLIES -CITY B/DAY 0015350 41200 8.80 $94.00 6/14/2012 - KENSHARDWARE SUPPLIES -CITY HALL 0014093 41200 88.34 6/14/2012 99663 KENS HARDWARE SUPPLIES -DBC 0015333 41200 164.52 $186.00 6/14/2012 KENS HARDWARE SUPPLIES-REC 0015350 41200 110.48 6/14/2012 99664 KENS HARDWARE SUPPLIES -RD MAINT 0015554 41250 87.51 $1,427.50 6/14/2012 1 99659 NAZNEEN KHAN FACILITY REFUND -DBC 1 001 1 23002 1 700.00 $700.00 6/14/2012 99660 KOA CORPORATION PROF.SVCS-EN 12-769 001 23012 2,040.22 $2,700.22 6/14/2012 1 KOACORPORATION ADMIN FEES -EN 12-769 001 23012 367.24 6/14/2012 99662 KOACORPORATION ADMIN FEES -EN 12-769 001 34650 -367.24 $94.00 6/14/2012 - KOACORPORATION PROF.SVCS-EN 12-769 001 23012 660.00 6/14/2012 99663 KOACORPORATION ADMIN FEES -EN 12-769 001 23012 118.80 $186.00 6/14/2012 KOACORPORATION ADMIN FEES -EN 12-769 001 34650 -118.80 6/14/2012 1 99661 1 SAN SAN KU JRECREATION REFUND 1 001 1 34760 1 125.00 $125.00 6/14/2012 1 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 12-767 001 23012 174.41 6/14/2012 1 99662 ROBERT KUHNERT RECREATION REFUND 1 001 1 34780 1 94.00 $94.00 6/14/2012 1 99663 CONNIE KWAN RECREATION REFUND 001 1 34780 1 186.001 $186.00 6/14/2012 1 99664 1 LAE ASSOCIATES INC PROF.SVCS-C/HILLS PKWAY 1 0015510 1 45221 1,427.501 $1,427.50 6/14/2012 1 99665 ILANCE, SOLL & LUNGHARD LLP TRNG-FINANCE STAFF 0014050 1 42340 1 80.00 $80.00 6/14/2012 1 99666 LEAD TECH ENVIRONMENTAL ASBESTOS SVC -204 PRSPCTR 1 1255215 1 44000 1 555.00 $555.00 6/14/2012 1 99667 ROCHELLE LEGASPI FACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 6/14/2012 99668 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 12-767 001 23012 968.96 $4,249.02 6/14/2012 1 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 12-767 001 23012 174.41 JIM- City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/14/2012 99668... LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 12-767 001 34650 -174.41 $4,249.02... 6/14/2012 99670 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 10-699 001 23012 767.16 $45.00 6/14/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 10-699 001 23012 138.09 6/14/2012 99671 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 10-699 001 34650 -138.09 $50.00 6/14/2012 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 07-560 001 23012 441.60 6/14/2012 99672 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 07-560 001 23012 79.49 $7,359.00 6/14/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 07-560 001 34650 -79.49 6/14/2012 99673 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 12-766 001 23012 1,135.80 $1,327.91 6/14/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 12-766 001 23012 204.44 6/14/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 12-766 001 34650 -204.44 6/14/2012 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 09-641 001 23012 935.50 6/14/2012 LEIGHTON & ASSOCIATES, INC. ADMIN FEES -EN 09-641 001 23012 168.39 6/14/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 09-641 001 34650 -168.39 6/14/2012 1 99669 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 1 0014090 1 42113 1 30.18 $30.18 6/14/2012 1 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -MAR 12 0014411 45401 355.62 6/14/2012 1 99670 IBENNYLIANG IP & R COMM -APR 0015350 1 44100 1 45.001 $45.00 6/14/2012 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -APR 12 0014411 45402 8,376.69 6/14/2012 1 99671 IJESSICA LO FACILITY REFUND-PANTERA 1 001 1 23002 1 50.001 $50.00 6/14/2012 1 99672 COUNTY OF LOS ANGELES FIRE DEPT FIRE PROTECTION -FY 12/13 10014421 1 45404 1 7,359.00 $7,359.00 6/14/2012 1 99673 ILOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -MAR 1 0015510 1 45530 1 1,327.91 $1,327.91 6/14/2012 99674 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -APR 12 0014411 45401 8,632.13 $823,278.84 6/14/2012 1 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -MAR 12 0014411 45401 355.62 6/14/2012 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVSC-APR 12 0014411 45401 402,957.20 6/14/2012 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -APR 12 0014411 45402 8,376.69 6/14/2012 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAY 12 0014411 45401 402,957.20 6/14/2012 1 99675 ILPA INC JARCHITECTURAL SVCS-LIBRRY 1 0014093 1 45000 1 6,485.18 $6,485.18 6/14/2012 99676 MCALLISTER OFFICE PAVILION FURNITURE -LIBRARY 0014093 46220 1 400.02 $17,023.68 6/14/2012 1 MCALLISTER OFFICE PAVILION FURNITURE -LIBRARY 0014093 46220 1 16,623.66 6/14/20121 99677 MCE CORPORATION VEGETATION CONTROL -MAY 1 0015558 1 45508 1 10,408.821 $10,408.82 Page 9 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Number) Vendor Name Fund/ Dept I- Acct# I Amount I Total Check Amount 6/14/2012 1 99678 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -MAY 12 1155515 44000 964.37 $964.37 6/14/2012 NINYO & MOORE INC ADMIN FEES -EN 12-762 001 23012 114.35 6/14/2012 99679 MUZAK LLC AUDIO EQ -CITY HALL 0014093 1 46310 1 3,040.83 $3,040.83 6/14/2012 99680 FANNI NEVAREZ FACILITY REFUND -DBC 001 1 36615 1 400.00 $400.00 6/14/2012 99681 THELA NINK FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 6/14/2012 99682 NINYO & MOORE INC PROF.SVCS-EN 12-762 001 23012 635.25 $635.25 6/14/2012 NINYO & MOORE INC ADMIN FEES -EN 12-762 001 23012 114.35 6/14/2012 99686 NINYO & MOORE INC ADMIN FEES -EN 12-762 001 34650 -114.35 $80.00 6/14/2012 99683 ORKIN PESTCONTROLINC RODENT CONTROL-B/CYN 1385538 45500 63.37 $129.43 6/14/2012 1 ORKIN PEST CONTROL INC RODENT CONTROL-SYC CYN 0015340 42210 1 66.06 6/14/2012 99684 TED OWENS P & R COMM -MAY 0015350 44100 45.00 $90.00 6/14!2012 TED OWENS P & R COMM -APR 0015350 44100 45.00 6/14/2012 1 99685 MARTHA PINEDA FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 6/14/2012 PROTECH ENGINEERING CORP RETENTIONS PAYABLE 113 20300 -802.70 6/14/2012 99686 POST 19 LA COUNTY FIRE EXPLORERS FOOD REIMB-CITY B/DAY 1 0015350 1 42353 1 80.00 $80.00 6/14/2012 99687 PROTECH ENGINEERING CORP MEMO CREDIT -PAVING PATCH 1135510 46412-462.00 1 2,410.00 $7,224.30 6/14/2012 PROTECH ENGINEERING CORP RETENTIONS PAYABLE 113 20300 -802.70 6/14/2012 PROTECH ENGINEERING CORP INTERCNNCT PROJ-COPLEY DR 1135510 46412 8,489.00 6/14/2012 99688 DIANA REGALADO FACILITY REFUND -DBC 001 36615 1 2,410.00 $3,076.15 6/14/2012 DIANA REGALADO FACILITY REFUND -DBC 001 23004 116.15 6/14/2012 DIANA REGALADO FACILITY REFUND -DBC 001 23002 550.00 1 6/14/2012 99689 REINBERGER PRINTWERKS PRINT SVCS -CITY ENVELOPES 0014090 42110 278.40 $667.73 6/14/2012 REINBERGER PRINTWERKS PRINT SVCS -CITY ENVELOPES 0014090 42110 247.95 6/14/2012 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014090 42110 141.38 6/14/2012 1 99690 REPUBLIC ITS INC TRFFC SIGNAL MAINT-MAR 0015554 1 45507 1 4,102.001 $23,200.44 Page 10 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total CheckAmount 6/14/2012 99690... REPUBLIC ITS INC TRFFC SIGNAL MAINT-MAR 0015554 45507 6,089.87 $23,200.44 ... 6/14/2012 99692 REPUBLIC ITS INC TRFFC SIGNAL MAINT-APR 0015554 45507 4,102.00 $50.00 6/14/2012 REPUBLIC ITS INC TRFFC SIGNAL MAINT-APR 0015554 45507 3,191.57 6/14/2012 REPUBLIC ITS INC TRFFC SIGNAL MAINT-CNTRLL 0015554 45507 600.00 6/14/2012 REPUBLIC ITS INC TRFFC SIGNAL MAINT-GRAND 0015554 45507 5,115.00 6/14/2012 1 99691 DAVIDA ROBERTO P & R COMM -MAY 0015350 44100 45.001 $45.00 6/14/2012 REINERIO RONQUILLO FACILITY REFUND -HERITAGE 001 36620 510.00 6/14/2012 1 99692 FRANK RODRIGUEZ FACILITY REFUND-PANTERA 001 23002 1 50.00 $50.00 6/14/2012 99693 REINERIO RONQUILLO FACILITY REFUND -HERITAGE 001 23004 116.15 $826.15 6/14/2012 REINERIO RONQUILLO FACILITY REFUND -HERITAGE 001 36620 510.00 6/14/2012 REINERIO RONQUILLO FACILITY REFUND -HERITAGE 001 23002 200.00 6/14/2012 1 99694 LAURA ROSE FACILITY REFUND -DBC 001 1 23002 350.00 $350.00 6/14/2012 1 99695 MELODIE SEVILLA FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00 1$50.00 6/14/2012 99696 SMART& FINAL SUPPLIES -CITY HALL 0014090 41200 60.38 $1,419.51 6/14/2012 SMART & FINAL SUPPLIES-SYC CYN TRAIL 0015350 41200 240.00 6/14/2012 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 248.72 6/14/2012 SMART & FINAL SUPPLIES-DB4 YOUTH 0015350 41200 90.17 6/14/2012 SMART &FINAL SUPPLIES -TINY TOTS 0015350 41200 714.83 6/14/2012 SMART & FINAL SUPPLIES -EXCURSION 0015350 41200 65.41 6/14/2012 99697 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 671.25 $8,914.63 6/14/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 72.61 6/14/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 533.67 6/14/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 317.52 6/14/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 1385538 42126 22.71 6/14/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -CITY HALL 0014093 42126 7,296.87 6/14/2012 1 99698 SOUTHWEST SALES INC T -SHIRTS -SUMMER D/CAMP 0015350 1 41200 1 3,221.72 $3,221.72 6/14/2012 99699 SPARKLETTS EQ RENTAL-SYC CYN 0015340 42130 12.00 $33.45 6/14/2012 SPARKLETTS WATER SUPPLIES-SYC CYN 0015340 41200 18.98 Page 11 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date In! Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/14/2012 1 99699... ISPARKLETTS JEQ CHARGES-SYC CYN 0015340 1 42130 1 2.471 $33.4F_ 6/14/2012 99700 SPARKLETTS WATER SUPPLIES -CITY HALL 0014090 41200 201.64 $212.39 6/14/2012 1 SPARKLETTS EQ RENTAL -CITY HALL 0014090 42130 1 10.75 6/14/2012 1 99701 ST DENIS KNIGHTS OF COLUMBUS FOOD REIMB-CITY B/DAY 0015350 42353 270.50 $270.50 6/14/2012 1 1 SUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTING SVCS -USED OIL 1155515 44000 1,243.51 6/14/2012 1 99702 GLENN STEINBRINK PROF.SVCS-FINANCE 6/6 0014050 1 44000 1 1,840.00 $1,840.00 6/14/2012 99703 STEVE MTYE REIMB-CCCACONF 0014010 1 42330 1 111.111 $111.11 6/14/2012 99704 SUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTING SVCS-ENVIRONMN 1155515 44000 4,537.50 $5,781.01 6/14/2012 1 1 SUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTING SVCS -USED OIL 1155515 44000 1,243.51 6/14/2012 1 99705 TANGRAM INTERIORS FURNITURE -LIBRARY 1 0014093 1 46220 1 7,367.46 $7,367.46 6/14/2012 1 99706 LISATERRAZAS FACILITY REFUND -DBC 001 23002 1 100,001 $100.00 6/14/2012 1 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2011-452 001 23010 361.28 6/14/2012 1 99707 THE COMDYN GROUP INC CONSULTING SVCS -WK 6/1 0014070 1 44000 1 2,040.28 $2,040.28 6/14/2012 99708 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -HOUSING ELEMNT 0015210 44220 604.16 $1,321.20 6/14/2012 1 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2011-452 001 23010 361.28 6/14/2012 99711 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-FPL 2012-463 001 23010 355.76 $70.00 6/14/2012 99709 THE SAUCE CREATIVE SERVICES BANNERS -4TH OF JULY BLAST 0015350 45300 4,494.53 $6,078.79 6/14/2012 1 THE SAUCE CREATIVE SERVICES BANNERS -CONCERT IN PK 0015350 1 45305 1,584.26 6/14/2012 1 99710 TIME WARNER CABLE MODEM SVCS -COUNCIL 1 0014010 1 42130 1 58.04 $58.04 6/14/2012 1 TOMOKO UYEKI RECREATION REFUND 001 34780 186.00 6/14/2012 1 99711 MICHELLE TODA FACILITY REFUND -HERITAGE 001 23002 1 70.00 $70.00 6/14/2012 99712 TOMOKO UYEKI RECREATION REFUND 001 34780 169.00 $355.00 6/14/2012 1 TOMOKO UYEKI RECREATION REFUND 001 34780 186.00 6/14/2012 99713 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 $30,249.58 6/14/2012 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 Page 12 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date fffNumber Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/14/2012 1 99714 IVT ELECTRIC INC IRETENTIONS PAYABLE 1 250 1 20300 1 14,978.521 $14,978.52 6/14/2012 1 99715 WALNUT VALLEY ROTARY FOOD REIMB-CITY B/DAY 0015350 42353 21.001 $21.00 6/14/2012 1 WAXIE SANITARY SUPPLY SUPPLIES -CITY HALL 0014093 41200 1 217.46 6/14/2012 1 99716 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 11385538 42126 1,550.87 $1,550.87 6/14/2012 99717 WAXIE SANITARY SUPPLY JANITORIAL SVCS -CITY HALL 0014093 42210 372.00 $589.46 6/14/2012 1 WAXIE SANITARY SUPPLY SUPPLIES -CITY HALL 0014093 41200 1 217.46 6/14/2012 1 99718 IWELLDYNERX ISHARPS PROGADMIN FEE 1155515 44000 48.481 $48.48 6/14/2012 99719 WEST COAST ARBORISTS INC TREE MAI NT -MAY 2012 0015558 45509 874.00 $1,564.00 6/14/2012 1 WEST COASTARBORISTS INC WATERING SVCS -MAY 2012 0015558 45510 690.00 6/14/2012 1 99720 LESLEYWILHELM FACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 6/14/2012 99721 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-771 001 23012 647.50 $832.50 6/14/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 23012 116.55 6/14/2012 99724 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 34650 -116.55 $1,383.30 6/14/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 04-453 001 23012 185.00 6/14/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 04-453 001 23012 33.30 6/14/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 04-453 001 34650 -33.30 6/14/2012 99722 CARL YU RECREATION REFUND 001 34760 125.00 $255.00 6/14/2012 CARL YU RECREATION REFUND 001 34760 130.00 6/19/2012 1 99723 ISAN GABRIEL VALLEYCITY MGRASSC SGVCMAMTG-CMGR,SANTOS 0014030 1 42325 1 90.00 $90.00 6/21/2012 ADAPT CONSULTING INC SUPPLIES -USED OIL GRANT 1155515 41200 905.06 6/21/2012 1 99724 JACCESS CONTROL SECURITY ISECURITY GUARD SVCS -DBC 0015333 1 45010 1 1,383.30 $1,383.30 6/21/2012 99725 ADAPT CONSULTING INC SUPPLIES -USED OIL GRANT 1155515 41200 1,667.75 $3,315.81 6/21/2012 ADAPT CONSULTING INC SUPPLIES -USED OIL GRANT 1155515 41200 905.06 6/21/2012 ADAPT CONSULTING INC SUPPLIES -USED OIL GRANT 1155515 41200 743.00 6/21/2012 1 99726 JARC IMAGING RESOURCES COMP MAINT-I.T. 1 0014070 1 42205 10.061 $10.06 Page 13 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 6/21/2012 1 99727 JASPLUNDH CONSTRUCTION CORP REFUND -EN 11-731 1001 1 23012 1 1,075.001 $1,075.00 6/21/2012 99728 AT&T PH.SVCS-GENERAL 1 0014090 42125 45,131 $45.13 6/21/2012 CDW GOVERNMENT COMP EQUIP -HARDWARE 5304070 46230 2,314.84 6/21/2012 99729 BENESYST 6/22/12-P/R DEDUCTIONS 001 21105 1,035.79 $1,035.79 6/21/2012 CDW GOVERNMENT COMP EQ-I.T. 0014093 45000 130.50 6/21/2012 99730 BUCKNAM&ASSOCIATES INC PAVEMENT MNGMNT SYS -APR 0015510 1 45221 1 866.70 $866.70 6/21/2012 1 99731 MARIA CABRERA RECREATION REFUND 001 34780 1 249.001 $249.00 6/21/2012 99732 CDW GOVERNMENT COMP EQUIP -HARDWARE 5304070 46230 245.96 $3,862.39 6/21/2012 CDW GOVERNMENT COMP EQUIP -HARDWARE 5304070 46230 2,314.84 6/21/2012 99735 CDW GOVERNMENT COMP EQUIP -HARDWARE 5304070 46230 524.02 $255.00 6/21/2012 CDW GOVERNMENT COMP EQ-I.T. 0014093 45000 130.50 6/21/2012 99736 CDW GOVERNMENT COMP EQUIP -HARDWARE 5304070 46230 647.07 $119.00 6/21/2012 99733 HEE JOON CHANG FACILITY REFUND -DBC 001 23002 100.00 $260.00 6/21/2012 HEE JOON CHANG FACILITY REFUND -DBC 001 23002 250.00 6/21/2012 99735 HEE JOON CHANG FACILITY REFUND -DBC 001 36615 -90.00 $255.00 6/21/2012 1 99734 REGINACHANG RECREATION REFUND 1001 1 34780 1 78.00 $78.00 6/21/2012 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 6/21/2012 1 99735 JENNIFER CHEN RECREATION REFUND 1 001 1 34760 1 255.001 $255.00 6/21/2012 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 2,407.83 6/21/2012 1 99736 IVIVIAN CHIU RECREATION REFUND 001 1 34780 1 119.00 $119.00 6/21/2012 1 99737 GEENA CHRISTENSEN RECREATION REFUND 001 34780 1 359.00 $359.00 6/21/2012 1 99738 DAY & NITE COPY CENTER IMINT SVCS -BUDGET BOOKS 1 0014050 1 42110 1 379.581 $379.58 6/21/2012 1 99739 DAY LITE MAINTENANCE CO INC MONTHLY MAINT-CITY HALL 0014093 1 42210 1 96.00 $96.00 6/21/2012 99740 DH MAINTENANCE JANITORIAL SVCS -CITY HALL 0014093 45300 3,250.00 $16,236.00 6/21/2012 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 6/21/2012 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 9,843.00 6/21/2012 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 2,407.83 Page 14 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/21/2012 1 99741 JDAMOND BAR MOBIL FUEL -COMM SVCS 1 0015310 1 42310 1 282.34 $282.34 6/21/2012 99742 DIAMOND BAR PETTY CASH TRNG-FINANCE 0014050 42335 34.30 $266.22 6/21/2012 1 DIAMOND BAR PETTY CASH - SUPPLIES -RECREATION 0015350 41200 37.41 6/21/2012 99744 DIAMOND BAR PETTY CASH MTG SUPPLIES -COMM SVCS 0015310 42325 5.00 $47,589.00 6/21/2012 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015350 41200 42.05 6/21/2012 DIAMOND BAR PETTY CASH SUPPLIES-EOC 0014440 42340 28.59 6/21/2012 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015350 41200 8.59 6/21/2012 DIAMOND BAR PETTY CASH TRNG-ENG 0015551 42340 38.85 6/21/2012 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015350 41200 25.33 6/21/2012 DIAMOND BAR PETTY CASH POSTAGE -GENERAL 0014090 42120 0.40 6/21/2012 DIAMOND BAR PETTY CASH TRNG-C/CLERK- 0014030 42335 25.70 6/21/2012 DIAMOND BAR PETTY CASH MTG-P/WORKS 0015510 42325 25.00 6/21/2012 DIAMOND BAR PETTY CASH MEMO CREDIT-CNCL 0014010 42325 -5.00 6/21/2012 1 99743 IDISCOUNT ROOTER CO MAINT-CITY HALL 0014093 42210 1 190.00 $190.00 6/21/2012 1 DMS CONSULTANTS CIVIL ENGINEERS INC CONSULTANT SVCS-COPLEY DR 0015554 44520 1 1 2,320.00 6/21/2012 1 99744 IDIVERSIFIED TRANSPORTATION INC IDIAMOND RIDE SVCS -MAY 12 1 1135553 1 45529 1 47,589.00 $47,589.00 6/21/2012 99745 DMS CONSULTANTS CIVIL ENGINEERS INC CONSULTANT SVCS-G/SPRNGS 2505510 464211 9,150.00 $11,470.00 6/21/2012 1 DMS CONSULTANTS CIVIL ENGINEERS INC CONSULTANT SVCS-COPLEY DR 0015554 44520 1 1 2,320.00 6/21/2012 1 99746 EAST JUDICIAL DISTRICT PARKING CITE ADMIN -APR 12 001 1 32230 1 2,379.00 $2,379.00 6/21/2012 1 99747 ELITE CONSTRUCTION RETENTIONS PAYABLE 125 20300 -1,495.00 $13,455.00 6/21/2012 1 ELITE CONSTRUCTION HIP PROG-23705 MEADOW FLL 1255215 44000 1 14,950.00 6/21/2012 99748 EMERALD LANDSCAPE SERVICES INC LANDSCAPE MAINT-C/HALL 0014093 45300 1 44.63 $299.63 6/21/2012 EMERALD LANDSCAPE SERVICES INC IRRIGATION REPAIRS-C/HALL 0014093 45300 1 255.00 6/21/2012 1 99749 EN POINTE TECHNOLOGIES SALES INC COMP/PRINTERS-LIBRARY 0014093_F46230 42120 44,700.60 $44,700.60 6/21/2012 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 96.64 6/21/2012 1 99750 EXECUTIVE PROMOTIONAL PRODUCTS INC PROMO SUPPLIES -CITY B/DAY 0014095 1 41400 1 444.951$444.95 6/21/2012 99751 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 135.02 $257.72 6/21/2012 FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 96.64 Page 15 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 6/21/2012 1 99751... FEDEX 1EXPRESS MAIL -GENERAL 0014090 1 42120 1 26.061 $257.72... 6/21/2012 1 99752 FRASCA PLUMBING COMPANY REFUND -EN 11-750 1 001 1 23012 1 500.00 $500.00 6/21/2012 1 GFB FRIEDRICH &ASSOCIATES INC. ASSESSMENT SVCS-LLAD 39 1395539 44000 3,754.77 6/21/2012 1 99753 AILENE GEER RECREATION REFUND 001 1 34760 1 401.00 $401.00 6/21/2012 JENKINS & HOGIN, LLP LEGAL SVCS -SITED MAY 0014020 44020 200.20 6/21/2012 1 99754 GEO PLASTICS SUPPLIES -USED OIL GRANT 1155515 1 41200 1 5,047.12 $5,047.12 6/21/2012 99755 GFB FRIEDRICH &ASSOCIATES INC. ASSESSMENT SVCS-LLAD 38 1385538 44000 3,356.65 $10,866.19 6/21/2012 1 GFB FRIEDRICH &ASSOCIATES INC. ASSESSMENT SVCS-LLAD 39 1395539 44000 3,754.77 6/21/2012 99757 GFB FRIEDRICH &ASSOCIATES INC. ASSESSMENT SVCS-LLAD 41 1415541 44000 3,754.77 $5,550.00 6/21/2012 1 99756 GLENN'S REFRIGERATION CORP SUPPLIES -DBC 1 0015333 1 41200 1 295.00 $295.00 6/21/2012 1 SANDYGONZALEZ FACILITY REFUND -DBC 001 23002 500.00 6/21/2012 1 99757 GO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 0014070 1 44000 1 5,550.00 $5,550.00 6/21/2012 1 99758 SANDYGONZALEZ FACILITY REFUND -DBC 001 23002 200.00 $700.00 6/21/2012 1 SANDYGONZALEZ FACILITY REFUND -DBC 001 23002 500.00 6/21/2012 1 99759 IJOSEPHA GUERRERO REFUND -EN 09-642 1 001 1 23012 1 300.00 $300.00 6/21/2012 INTERIOR OFFICE SOLUTIONS FURNITURE -LIBRARY 0014093 46220 1 7,896.17 1 6/21/2012 1 99760 INCONTACT INC LONG DIST SVCS -MAY 2012 0014090 1 42125 1 35.59 $35.59 6/21/2012 99761 INTERIOR OFFICE SOLUTIONS FURNITURE -LIBRARY 0014093 46220 2,506.83 $10,403.00 6/21/2012 INTERIOR OFFICE SOLUTIONS FURNITURE -LIBRARY 0014093 46220 1 7,896.17 1 6/21/2012 99762 JENKINS & HOGIN, LLP GEN LEGAL SVCS -MAY 2012 0014020 44020 2,275.00 $3,913.00 6/21/2012 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV MAY 0014020 44020 964.60 6/21/2012 99764 JENKINS & HOGIN, LLP LEGAL SVCS-PIWORKS MAY 0014020 44020 254.80 $200.00 6/21/2012 JENKINS & HOGIN, LLP LEGAL SVCS -SITED MAY 0014020 44020 200.20 6/21/2012 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS MAY 0014020 44020 218.40 6/21/2012 1 99763 ILUCIA KOSASIH RECREATION REFUND 1 001 34780 85.001 $85.00 6/21/2012 1 99764 LAND CARE INC REFUND -EN 09-644 1 001 23012 200.00 $200.00 Page 16 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount 6/21/2012 99765 THELMA LEANO RECREATION REFUND 001 34780 59.00 $59.00 6/21/2012 1 99766 LEWIS ENGRAVING INC. SUPPLIES -COMM SVS 0015350 41200 48.90 $48.90 6/21/2012 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -JUN 2012 1125553 45533 1 757.95 6/21/2012 1 99767 ANNA LO RECREATION REFUND 001 34780 82.00 $82.00 6/21/2012 1 99768 IRIS LOCKETT RECREATION REFUND 001 34780 132.00 $132.00 6/21/2012 99769 LOS ANGELES COUNTY MTA MTA PASSES -JUN 2012 1125553 45535 2,435.55 $3,193.50 6/21/2012 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -JUN 2012 1125553 45533 1 757.95 6/21/2012 99770 LOS ANGELES COUNTY MTA MTAPASSES-TAP MAY 1125553 45535 120.00 $150.00 6/21/2012 1 LOS ANGELES COUNTY MTA CITYSUBSIDY-TAP MAY 1125553 45533 30.00 6/21/2012 1 99771 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -MAY 0014411 1 45402 1 7,840.56 $7,840.56 6/21/2012 1 TAYLOR MASON RECREATION REFUND 001 34780 84.00 6/21/2012 1 99772 JOVENAL MALONZO RECREATION REFUND 1 001 1 34760 1 95.00 $95.00 6/21/2012 99773 TAYLOR MASON RECREATION REFUND 001 34780 72.00 $156.00 6/21/2012 1 TAYLOR MASON RECREATION REFUND 001 34780 84.00 6/21/2012 99774 MC GENERAL CONTRACTORS INC HIP PROG-283 S PLATINA 1255215 44000 15,000.00 $13,500.00 6/21/2012 1 MC GENERAL CONTRACTORS INC RETENTIONS PAYABLE 125 20300 -1,500.00 6/21/2012 99775 HENIANTMEHTA FACILITY REFUND -DBC 001 23002 200.00 $900.00 6/21/2012 1 HEMANT MEHTA FACILITY REFUND -DBC 001 23002 700.00 6/21/20121 99776 IMITY LITE INC TABLES -DBC 0015333 1 46250 1 2,167.63 $2,167.63 6/21/2012 1 99777 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -COMM SVCS 1 0015340 1 41200 1 234.90 $234.90 6/21/2012 1 99778 IMOBILE RELAYASSOCIATES INC REPEATER SVCS -JUN 12 1 0014440 1 42130 1 78.751 $78.75 6/21/2012 1 99779 NEXTEL COMMUNICATIONS PH.CHRGS-P/W,C/S,C/D 0014090 1 42125 1 552.79 $552.79 6/21/2012 1 99780 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 5/24 1 0014090 1 44000 1 79.44 $79.44 Page 17 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total CheckAmount 6/21/2012 1 99781 PACIFIC TELEMANAGEMENT SERVICES PAY PH SVCS -PARKS JUL 0015340 42125 495.841 $495.84 6/21/2012 99782 JAYSHREE PARIKH FACILITY REFUND -DBC 001 23002 200.00 $700.00 6/21/2012 1 JAYSHREE PARIKH FACILITY REFUND -DBC 001 23002 500.00 $308.46 6/21/2012 1 99783 YOUNG PARK RECREATION REFUND 001 34780 1 82.00 $82.00 6/21/2012 PC MALL GOV INC COMP/PRINTER-CITY HALL 0014093 46230 5,746.85 $308.46 6/21/2012 99784 RAXA PATEL RECREATION REFUND 1 001 1 34780 1 87.00 $87.00 6/21/2012 99785 PC MALL GOV INC LASERJET PRINTER -CITY HLL 0014093 46230 1,457.93 $7,204.78 6/21/2012 PC MALL GOV INC COMP/PRINTER-CITY HALL 0014093 46230 5,746.85 $308.46 6/21/2012 99786 PERS HEALTH JULY 12 -HEALTH INS PREMS 001 21105 37,621.88 $38,443.55 6/21/2012 PERS HEALTH JULY 12 -RETIREE HEALTH PR 0014090 40086 672.00 $308.46 6/21/2012 99789 PERS HEALTH JULY 12 -HEALTH ADMIN FEE 0014060 40093 149.67 $1,000.00 6/21/2012 99787 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $11,538.47 6/21/2012 IPERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,492.90 1 $308.46 6/21/2072 99788 PROTECTION ONE INC MAINT-CITY HALL 0014093 1 42210 1 25.55 $25.55 6/21/2012 RKA CONSULTING GROUP PROF.SVCS-INSPECTION 0015350 42353 75.00 $308.46 6/21/2012 1 99789 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS -JUN 12 1 0014096 1 45000 1 1,000.00 $1,000.00 $8,489.60 6/21/2012 1 6/21/2012 1 99790 OLIVIARIOS RECREATION REFUND 1 001 1 34780 1 82.00 $82.00 6/21/2012 99791 RKA CONSULTING GROUP PROF.SVCS-PLAN CHECK 2505310 46415 75.00 $150.00 6/21/2012 RKA CONSULTING GROUP PROF.SVCS-INSPECTION 0015350 42353 75.00 $308.46 6/21/2012 1 99792 SCHORR METALS INC BLDG MAINT-CITY HALL 0014093 1 42210 1 145.46 $145.46 $308.46 6/21/2012 1 99793 ISECTRAN SECURITY INC. COURIER SVCS -JUN 12 1 0014090 1 44000 1 308.46 $8,489.60 6/21/2012 1 99794 SILVERADO STAGES INC SHUTTLE SVCS -4TH OF JULY 1125350 145310 1 8,489.60 6/21/2012 1 99795 SOLARWINDS.NET INC. ANNL MAINT RENEWAL 0014070 1 42205 1 890.00 $890.00 $141.07 6/21/2012 1 99796 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST41 1415541 1 42126 1 24.42 Page 18 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 6/21/2012 99796... SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 116.65 $141.07... 6/21/2012 99797 STANDARD INSURANCE OF OREGON JULY 12 -LIFE INS PREMS 001 21106 1,001.51 $3,195.56 6/21/2012 STANDARD INSURANCE OF OREGON JULY 12SUPP LIFE INS PRE 001 21106 333.00 6/21/2012 99799 STANDARD INSURANCE OF OREGON JULY 12-STD/LTD 001 21112 1,861.05 $132.00 6/21/2012 - 99798 SUNSHINE SENIORS ASSOCIATION REIMB-LIABILITY INS 1 1255215 1 44000 1 563.00 $563.00 6/21/2012 THE GAS COMPANY GAS SVCS -HERITAGE 0015340 42126 53.00 6/21/2012 99799 LESIE TARDIF RECREATION REFUND 001 1 34780 1 132.00 $132.00 6/21/2012 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.39 6/21/2012 1 99800 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-I.T 0014070 1 44030 1 847.641 $847.64 6/21/2012 1 99801 ITENNIS ANYONE INC CONTRACT CLASS -SPRING 0015350 1 45320 1 419.30 $419.30 6/21/2012 99802 THE GAS COMPANY GAS SVCS-MAY/JUN 001533342126 1 42325 1 282.72 $1,129.51 6/21/2012 THE GAS COMPANY GAS SVCS -HERITAGE 0015340 42126 53.00 6/21/2012 99804 THE GAS COMPANY GAS SVCS -CITY HALL 0014093 42126 793.79 $132.80 6/21/2012 1 99803 THREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 1 0014010 1 42325 1 15.001 $15.00 6/21/2012 VALLEY CREST LANDSCAPE MAINT INC CLEAN-UP CITY B/DAY 0015350 42353 787.50 6/21/2012 1 99804 TIME WARNER CABLE INTERNET SVCS -CITY HALL 1 0014070 1 44030 1 132.801 $132.80 6/21/2012 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.39 6/21/2012 1 99805 YILIN TING RECREATION REFUND 1 001 1 34780 1 55.001 $55.00 6/21/2012 1 99806 ANGELATU RECREATION REFUND 1 34780 1 173.00 $173.00 6/21/2012 99807 VALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-PANTERA 0015340 42210 415.21 $1,202.71 6/21/2012 VALLEY CREST LANDSCAPE MAINT INC CLEAN-UP CITY B/DAY 0015350 42353 787.50 6/21/2012 99808 VANTAGEPOINTTRNSFRAGNTS-303248 6/22/12-P/R DEDUCTIONS 001 21108 7,886.03 $9,562.50 6/21/2012 VANTAGEPOINT TRNSFRAGNTS-303248 6/22/12 -LOAN DEDUCTIONS 001 21108 1,676.47 1 6/21/2012 99809 VERIZON CALIFORNIA ALARM LINES -HERITAGE 0015340 42125 92.39 $1,057.08 6/21/2012 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 519.19 6/21/2012 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 58.39 6/21/2012 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.39 Page 19 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept - Acct # Amount Total Check Amount 6/21/2012 99809... VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 183.84 $1,057.08... 6/21/2012 99811 VERIZON CALIFORNIA PH.SVCS-HERITAGE COMM CTR 0015340 42125 38.79 $200.00 6/21/2012 VERIZON CALIFORNIA PH.SVCS-FAX LINE CMGR 0014030 42125 36.01 6/21/2012 99812 VERIZON CALIFORNIA PH.SVCS-CITY HALL 0014093 42125 98.08 $400.00 6/21/2012 1 99810 1W.W. GRAINGER INC. SUPPLIES -COMM SVCS 10015350 1 41200 1 135.661 $135.66 6/21/2012 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 4.01 6/21/2012 99811 MERRY WANG FACILITY REFUND-PANTERA 001 23004 200.00 $200.00 6/21/2012 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 2.28 6/21/2012 1 99812 11KYSAWASHINGTON FACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 6/21/2012 99813 WAXIE SANITARYSUPPLY SUPPLIES -DBC 0015333 41200 17.14 $1,123.41 6/21/2012 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 4.01 6/21/2012 99817 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 1,099.98 $55.00 6/21/2012 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 2.28 6/21/2012 1 99814 IWEST COAST MEDIA MONTHLY AD -PHOTO CONTEST 0014095 1 42115 1 700.001 $700.00 6/21/2012 99815 WOODCLIFF CORPORATION RETENTIONS PAYABLE 001 20300 -380.00 $368,036.30 6/21/2012 WOODCLIFF CORPORATION RETENTIONS PAYABLE 001 20300 -40,512.92 6/21/2012 99817 WOODCLIFF CORPORATION CONSTRUCTION -CITY HALL 0014093 46310 3,800.00 $55.00 6/21/2012.. WOODCLIFF CORPORATION CONSTRUCTION -LIBRARY 0014093 46310 405,129.22 6/21/2012 1 99816 JPAULWRIGHT A/V SVCS-CNCL MTG 1 0014090 1 44000 1 300.001 $300.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 34650 -37.80 6/21/2012 99817 WING YEUNG IRECREATION REFUND 1 001 1 34780 1 55.001 $55.00 6/21/2012 1 99818 SOVANNARY YU IRECREATION REFUND 1001 34760 1 275.001 $275.00 6/21/2012 1 99819 JKARLAZENDEJAS RECREATION REFUND 1 001 34780 1 132.001 $132.00 6/28/2012 1 99820 JACCESS CONTROL SECURITY ISECURITY GUARD SVCS -DBC 0015333 1 45010 1 850.651 $850.65 6/28/2012 99821 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 23012 37.80 $4,205.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 34650 -37.80 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-772 001 23012 420.00 Page 20 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 6/28/2012 99821... ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-772 001 23012 75.60 $4,205.00... 6/28/2012 99823 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-772 001 34650 -75.60 $1,179.47 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 34650 -64.80 6/28/2012 99824 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-756 001 23012 240.00 $70.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-756 001 23012 43.20 6/28/2012 99825 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-756 001 34650 -43.20 $224.36 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-754 001 23012 240.00 6/28/2012 99826 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-754 001 23012 43.20 $52.95 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-754 001 34650 -43.20 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-758 001 23012 1,260.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 23012 226.80 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 34650 -226.80 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-764 001 23012 300.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 23012 54.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 34650 -54.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-764 001 23012 300.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 23012 54.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC - ADMIN FEES -EN 12-764 001 34650 -54.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-764 001 23012 210.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 23012 37.80 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-764 001 34650 -37.80 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC- PROF.SVCS-EN 12-764 001 23012 210.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS -MAR 0015551 45222 665.00 6/28/2012 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-758 001 23012 360.00 6/28/2012 JADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-758 001 23012 64.80 6/28/2012 1 99822 AGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -MAY 1 0014431 1 45406 1 158A01 $158.10 6/28/2012 1 99823 JAMERITECH BUSINESS SYSTEMS INC COPIER MAINT-MAY 12 1 0014090 42100 1 1,179.47 $1,179.47 6/28/2012 1 99824 CHARLES ANDREU PKNG CITATION HEARING -MAY 0014411 45405 1 70.00 $70.00 6/28/2012 1 99825 APPLIED LANGUAGE SOLUTIONS LLC PRINT SVCS -USED OIL 1 1155515 1 42110 1 224.361 $224.36 6/28/2012 1 99826 AT&T MOBILITY CELL CHRGS-CMGR 1 0014030 1 42125 1 52.951 $52.95 Page 21 City of Diamond Bar - Check Register 06/1.4/2012 thru 07/11/2012 Check Date iCheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total CheckAmount 6/28/2012 1 99827 MARYLYN BAGUNU RECREATION REFUND 1 001 1 34760 1 95.00 $95.00 6/28/2012 1 CITY OF HUNTINGTON BEACH DAY CAMP EXCURSION 001 12130 300.00 6/28/2012 1 99828 BENESYST FLEXADMIN SVCS 1 0014060 1 42346 1 100.00 $100.00 6/28/2012 99829 BLAZE CONE COMPANY INC SUPPLIES -ROAD MAINT 0015554 41250 2,402.50 $2,402.50 6/28/2012 1 99830 CACONSTRUCTION RENTAL -FENCE SILVERTIP 2505310 1 46415 384.00 $384.00 6/28/2012 1 99831 CALIFORNIA CONSERVATION CORP REHAB OF TRAILS 0015558 1 45500 1 3,230.001 $3,230.00 6/28/2012 1 99832 TED A CARRERA T & T COMM -JUN 0015510 1 44100 1 45.00 $45.00 6/28/2012 99833 CASTLE PARK DAY CAMP EXCURSION 0015350 1 42410 1 1,366.94 $1,366.94 6/28/2012 1 99834 CERTIFIED TRANSPORTATION SVCS INC ADULT EXCURSION 1125350 1 45310 1 813.961 $813.96 6/28/2012 1 99835 AILEEN CHANG RECREATION REFUND 001 1 34780 1 85.001 $85.00 6/28/2012 1 99836 CITY COUNT LLC TRFFC COUNTS-NTMP 2505510 1 46412 1 900.00 $900.00 -6/28/2012 99837 CITY OF HUNTINGTON BEACH DAY CAMP EXCURSION 001 12130-300.00 4,461.00 $0.00 6/28/2012 1 CITY OF HUNTINGTON BEACH DAY CAMP EXCURSION 001 12130 300.00 6/28/2012 1 99838 CITY OF SIGNAL HILL MEMBERSHIP DUES -FY 11/12 0015510 1 44240 1 4,461.00 $4,461.00 6/28/2012 JAMES DESTEFANO REIMB-ICSC CONF 0014030 42330 1 340.42 6/28/2012 1 99839 ICOUNTY OF LOS ANGELES CATCH BASIN CLEAN-OUT 1 0015554 1 45512 1 2,150.72 $2,150.72 6/28/2012 1 99840 DAVIDA DOYLE REIMB-CCCAANNL CONE 1 0014030 1 42330 1 515.241 $515.24 6/28/2012 99841 JAMES DESTEFANO REIMB-CCCACONF 0014030 42330 161.22 $501.64 6/28/2012 JAMES DESTEFANO REIMB-ICSC CONF 0014030 42330 1 340.42 6/28/2012 1 99842 1 DELTA DENTAL JULY 12 -DENTAL PREMIUMS 001 1 21104 1 4,492.06 $4,492.06 6/28/2012 99843 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 100.00 $425.00 6/28/2012 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 175.00 Page 22 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name - Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/28/2012 1 99843... ICAROL DENNIS PROF.SVCS-T&T MTG 0015510 44000 150.00 $425.00 ... 6/28/2012 99844 DEPARTMENT OF JUSTICE FINGERPRINTS SVCS 0014060 42345 192.00 $192.00 6/28/2012 DMS CONSULTANTS CIVIL ENGINEERS INC EROSION CONTROL-PTHFNDR 0015551 45221 605.50 6/28/2012 99845 DISCOVERY SCIENCE CENTER DAY CAMP EXCURSION 0015350 1 42410 1 1,216.00 $1,216.00 6/28/2012 1 99846 DIVERSIFIED PRINTERS PRINT SVCS -CITY NEWS 0014095 44000 3,433.00 $3,433.00 6/28/2012 99847 DMS CONSULTANTS CIVIL ENGINEERS INC EROSION CONTROL-PTHFNDR 0015510 1 44000 1 84.50 $690.00 6/28/2012 DMS CONSULTANTS CIVIL ENGINEERS INC EROSION CONTROL-PTHFNDR 0015551 45221 605.50 6/28/2012 1 99848 1EAST JUDICIAL DISTRICT PARKING CITE ADMIN -MAY 12 001 1 32230 2,544.00 $2,544.00 6/28/2012 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 6/28/2012 99849 EDUCATION TO GO CONTRACT CLASSSPRI NG 0015350 45320 60.00 $60.00 6/28/2012 99850 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,718.00 $27,472.82 6/28/2012 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 6/28/2012 99853 EXCELLANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $108.85 6/28/2012 99851 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2012-458 001 23010 12.86 $38.55 6/28/2012 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2012-460 001 23010 12.84 6/28/2012 99853 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 12.85 $108.85 6/28/2012 1 99852 FRANKA FARAGO PLNG COMM-MAY/JUN 0015210 1 44100 1 130.00 $130.00 6/28/2012 FEHR & PEERS TRAFFIC ENGR SVCS-SR57/60 0015554 44520 864.68 6/28/2012 1 99853 FEDEX 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 108.85 $108.85 6/28/2012 99854 FEHR & PEERS TRAFFIC ENGR SVCS-SR57/60 0015554 44520 2,546.72 $6,709.51 6/28/2012 FEHR & PEERS TRAFFIC ENGR SVCS-SR57/60 0015554 44520 864.68 6/28/2012 FEHR & PEERS TRAFFIC ENG SVCS-SR57160 1165510 R44000 3,298.11 6/28/2012 99855 GATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIB-JUL 2012 001 12130 1,785.00 $0.00 6/28/2012 GATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIB-JUL 2012 001 12130 -1,785.00 6/28/2012 99856 GENTRY BROTHERS INC JRETENTIONS PAYABLE 1 250 1 20300 1 9,244.111 $9,244.11 Page 23 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name - Transaction Description Fund/ Dept Acct# Amount Total Check Amount 6/28/2012 99857 GOVPARTNER IREQUEST PARTNER HOSTING 0014070 1 44030 1 850.001 $850.00 6/28/2012 1 99858 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL -MAY 0015230 1 45520 1 4,940.00 $4,940.00 6/28/2012 HARDY & HARPER INC SLURRY PROJ-AREA 1 2505510 46411 121,761.66 6/28/2012 1 99859 CHARLES HALL REFUND -FPL 2012-464 001 23010 1 2,231,411 $2,231.41 6/28/2012 99860 HARDY & HARPER INC RETENTIONS PAYABLE 25020300 34780 -2,342.68 - $160,184.40 6/28/2012 HARDY & HARPER INC SLURRY PROJ-AREA 1 2505510 46411 121,761.66 6/28/2012 99862 HARDY & HARPER INC SLURRY PROJ-ZONE 6 2505510 46411 46,853.50 $864.00 6/28/2012 HARDY & HARPER INC RETENTIONS PAYABLE 250 20300 -6,088.08 6/28/2012 99861 ANNA HIH RECREATION REFUND 001 34780 85.00 $85.00 6/28/2012 1 INLAND EMPIRE STAGES TRANSPORTATION -EXCURSION 1125350 45310 1 864.00 6/28/2012 1 99862 JEFFREY HIROSE CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 864.00 $864.00 6/28/2012 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JULY 001 12130 1,250.00 6/28/2012 1 99863 JINLAND EMPIRE MAGAZINE AD -DBC JULY 12 1 0014095 1 42115 1 995.00 $995.00 6/28/2012 99864 INLAND EMPIRE STAGES SENIOR EXCURSIONS 0015350 45310 336.00 $1,200.00 6/28/2012 1 INLAND EMPIRE STAGES TRANSPORTATION -EXCURSION 1125350 45310 1 864.00 6/28/2012 1 99865 INLAND VALLEY DAILY BULLETIN LEGAL AD -HOUSING ELEMENT 1 0015210 1 42115 1 587.12 $587.12 6/28/2012 99866 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -JULY 001 12130 -9,465.58 $0.00 6/28/2012 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JULY 001 12130 -1,250.00 6/28/2012 99869 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -JULY 001 12130 9,465.58 $434.36 6/28/2012 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JULY 001 12130 1,250.00 6/28/2012 99867 INTERACT EVENT PRODUCTIONS FIELD GAMES-REC 001 12130 2,025.00 $0.00 6/28/2012 INTERACT EVENT PRODUCTIONS FIELD GAMES-REC 001 12130 -2,025.00 1 6/28/2012 1 99868 IJOHN L HUNTER &ASSOC. INC MONTHLY NPDES UPDATE 0015510 1 44240 1 230.00 $230.00 6/28/2012 1 99869 JUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -MAY 0014411 1 45405 1 434.361 $434.36 6/28/2012 1 99870 IJUMPING JACKS INC DAY CAMP EXCURSION 0015350 1 42410 1 485.00 $485.00 Page 24 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 6/28/2012 99871 KOACORPORATION TRFFC MGMT SVCS -APR 12 1185098 44030 2,335.59 $6,328.09 6/28/2012 99873 KOACORPORATION DESIGN PROD -GRAND MEDIAN 2505510 46420 595.00 $35.00 6/28/2012 KOACORPORATION TRFFC MGMT SVCS -APR 12 1185098 44030 1,989.41 6/28/2012 99877 KOACORPORATION TRFFC MGMT SVCS -NAY 12 1185098 44030 1,408.09 $45.00 6/28/2012 1 99872 LA COUNTY REGISTRAR RECORDER GEN MUNICIPAL ELECTN-NOV 0014030 1 42390 1 115,023.981 $115,023.98 6/28/2012 1 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES -FY 12/13 001 12130 1 -1,349.25 6/28/2012 1 99873 LEAGUE OF CALIFORNIA CITIES MTG-STEVE TYE 0014010 1 42325 1 35.00 $35.00 6/28/2012 99874 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES -FY 12/13 001 12130 1,349.25 $0.00 6/28/2012 1 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES -FY 12/13 001 12130 1 -1,349.25 6/28/2012 1 99875 DESIREE LEE RECREATION REFUND 001 1 34780 1 74.00 $74.00 6/28/2012 1 LIEBERT CASSIDY WHITMORE MEMBERSHIP DUES -12/13 001 12130 -3,385.00 6/28/2012 1 99876 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 0014090 1 42113 1 19.581 $19.58 6/28/2012 1 99877 ILIANAPINCHER T & T COMM -JUN 0015510 1 44100 1 45.00 $45.00 6/28/2012 99878 LIEBERT CASSIDY WHITMORE MEMBERSHIP DUES -12/13 001 12130 3,385.00 $0.00 6/28/2012 1 LIEBERT CASSIDY WHITMORE MEMBERSHIP DUES -12/13 001 12130 -3,385.00 6/28/2012 1 99879 ANNABELLE LIM RECREATION REFUND 001 34780 1 193.00 $193.00 6/28/2012 1 LIVESOUND CONCEPTS SOUND SVCS -4TH OF JULY 001 12130 -1,480.00 6/28/2012 1 99880 JIMMY LIN PLNG COMM-MAY/JUN 0015210 1 44100 1 130.00 $130.00 6/28/2012 1 99881 RONG LIU RECREATION REFUND 001 1 34780 1 62.00 $62.00 6/28/2012 99882 LIVESOUND CONCEPTS SOUND SVCS -4TH OF JULY 001 12130 1,480.00 $0.00 6/28/2012 1 LIVESOUND CONCEPTS SOUND SVCS -4TH OF JULY 001 12130 -1,480.00 6/28/2012 1 99883 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 1 0015340 1 41200 1 111.35 $111.35 6/28/2012 1 MCE CORPORATION RIGHT-OF-WAY MAINT-MAY 0015554 45522 1 543.65 6/28/2012 1 99884 MANAGED HEALTH NETWORK JUL 2012 -EAP PREMIUMS 1 001 1 21115 1 154.44 $154.44 6/28/2012 99885 MCE CORPORATION ROAD MAINT-MAY 12 0015554 45502 9,089.90 $9,682.08 6/28/2012 1 MCE CORPORATION RIGHT-OF-WAY MAINT-MAY 0015554 45522 1 543.65 Page 25 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total CheckAmouit 6/2812012 99885... MCE CORPORATION STRIPING & SIGN MAINT-APR 0015554 45506 48.53 $9,682.08 6/28/201299886 99887 METROLINK METROLINK PASSES -JUN 12 11253 45535 72,067.84 $86,762.25 6/28/2012 1 METROLINK CITY SUBSIDY -JUN 12 1125555 53 45533 18,561-.91 $301.53 6/28/2012 99889 METROLINK RETURNED PASSES -JUN 1125553 45535 -3,867.50 $457.80 6/28/2012 99887 METROLINK METROLINK PASSES -JUN 1125553 45535 176.20 $220.25 6/28/2012 1 METROLINK CITY SUBSIDY -JUN 1125553 45533 44.05 1 $301.53 6/28/2012 99888 IKENNETH MOK T & T COMM -JUN 0015510 1 44100 1 45.001 $45.00 6/28/2012 1 MUZAK LLC NEW SCREEN -CITY HALL 0014093 46310 3,339.28 $301.53 6/28/2012 1 99889 ICHARLES MORALES CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 457.80 $457.80 6/28/2012 99890 SHAWN MORENO REIMB-SHERIFF 1264411 1 46250 1 508.671 $508.67 6/28/2012 99891 MUZAK LLC MIC JACKS -CITY HALL 0014093 46220 748.73 $4,088.01 6/28/2012 1 MUZAK LLC NEW SCREEN -CITY HALL 0014093 46310 3,339.28 $301.53 6128/2012 99892 MA MY RECREATION REFUND 001 34780 85.00 $85.00 6/28/2012 ONWARD ENGINEERING PROF.SVCS-INSPECTION 2505510 46411 337.50 $301.53 6/28/2012 1 99893 STEVE G NELSON FLING COMM-MAY/JUN 0015210 1 44100 1 130.00 $130.00 6/28/2012 1 99894 ICARMEN NESSIA RECREATION REFUND 001 1 34720 1 39.001 $39.00 6/28/2012 99895 NEXTG NETWORKS REFUND -EN 09-639 001 1 23012 1 1,426.201 $1,426.20 6/28/2012 1 99896 TONY NGUYEN RECREATION REFUND 001 1 34780 1 85.00 $85.00 6/28/2012 1 99897 KANATCHAONSAENG RECREATION REFUND 1 001 1 34780 1 84.00 $84.00 6/28/2012 99898 ONWARD ENGINEERING DESIGN SVCS -ROAD MAINT 2505510 46411 1,648.20 $3,718.20 6/28/2012 ONWARD ENGINEERING PROF.SVCS-INSPECTION 2505510 46411 337.50 $301.53 6/28/2012 99900 ONWARD ENGINEERING PROF.SVCS-INSPECTION 2505510 46411 1,732.50 6/28/2012 1 99899 VIOLAPENNY RECREATION REFUND 1 001 1 34780 1 85,001 $85.00 $301.53 6/28/2012 1 99900 IPRIORITY MAILING SYSTEMS INC SUPPLIES -GENERAL 0014090 41200 301.531 Page 26 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 6/28/2012 99901 PYRO SPECTACULARS INC FIREWORKS -4TH OF JULY 001 12130 12,900.00 $0.00 6/28/2012 1 PYRO SPECTACULARS INC FIREWORKS -4TH OF JULY 001 12130 -12,900.00 6/28/2012 1 99902 QUINN RENTAL SERVICES EQ RENTAL-SILVERTIP PK 1 2505310 1 46415 1 471.70 $471.70 6/28/2012 1 REPUBLIC ITS INC TRAFFIC MAINT-MAY 12 0015554 45507 4,102.00 6/28/20121 99903 IREINBERGER PRINTWERKS PRINT SVCS -BUS CARD 0014090 1 42110 1 70.691 $70.69 6/28/2012 99904 REPUBLIC ITS INC TRAFFIC MAINT-CLEAR CREEK 0015554 45507 5,255.00 $33,111.07 6/28/2012 1 REPUBLIC ITS INC TRAFFIC MAINT-MAY 12 0015554 45507 4,102.00 6/28/2012 99907 REPUBLIC ITS INC TRAFFIC MAINT-MAY 12 0015554 45507 12,609.07 $79.00 6/28/2012 REPUBLIC ITS INC TRAFFIC MAINT-MAY 12 0015554 45507 675.00 6/28/2012 99908 REPUBLIC ITS INC TRAFFIC MAINT-DBB/S/PINE 0015554 45507 5,795.00 $245.00 6/28/2012 REPUBLIC ITS INC TRAFFIC MAINT-DBB/S/XING 0015554 45507 4,495.00 6/28/2012 99909 REPUBLIC ITS INC TRAFFIC MAINT-CITY WIDE 10015554 145507 180.00 $261.44 6/28/2012 99905 AARON REYES BAND -4TH OF JULY BLAST 001 12130 3,000.00 $0.00 6/28/2012 1 AARON REYES BAND -4TH OF JULY BLAST 001 12130 -3,000.00 6/28/2012 1 99906 RKA CONSULTING GROUP BLDG & SFTY SVCS -MAY 1 0015220 1 45201 1 33,713.941 $33,713.94 6/28/2012 1 99907 ELIZABETH RUEDA ZUNIGA RECREATION REFUND 001 1 34740 1 79.00 $79.00 6/28/2012 1 99908 J R RUNYON RECREATION REFUND 1 001 1 34760 1 245.00 $245.00 6/28/2012 1 99909 IS & S WORLDWIDE INC SUPPLIES -DAY CAMP 10015350 41200 261.44 $261.44 6/28/2012 1 99910 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 402.99 $402.99 6/28/2012 1 99911 SASE COMPANY INC SUPPLIES-P/WRKS 1 0015554 1 41300 1 1,592.20 $1,592.20 6/28/2012 1 99912 JAGDISH SHAH PLNG COMM-MAY/JUN 1 0015210 1 44100 1 130.00 $130.00 6/28/2012 1 99913 MIKE SHEN RECREATION REFUND 1 001 1 34780 1 65.00 $85.00 6/28/2012 1 99914 SUSAN SHIN RECREATION REFUND 001 34760 1 125.001 $125.00 Page 27 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/28/2012 1 99915 ISIGN CONTRACTORS INC JARMED FORCES BANNERS 0015350 45300 561.81 $561.81 6/28/2012 99916SIMPSON ADVERTISING INC PROF.SVCS-CITY NEWS JUL 001 12130 1,675.00 $0.00 6/28/2012 1 S IMPSON ADVERTISING INC PROF.SVCS-CITY NEWS JUL 001 12130 -1,675.00 6/28/2012 1 99917 SIRSPEEDY PRINT SVCS -US ED OIL 1155515 1 42110 1 2,387.06 $2,387.06 6/28/2012 1 SO COAST AIR QUALITY MGT DISTRICT FACILITY RENTAL-JUL 2012 001 12130 -2,000.00 6/28/2012 1 99918 SO CA BINDERY& MAILING INC PRINT SVCS -USED OIL 1155515 1 44000 1 311.74 $311.74 6/28/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 472.23 6/28/2012 1 99919 SO CAL SANITATION SUPPLIES -CITY B/DAY 1 0015350 1 42353 1 1,081.80 $1,081.80 6/28/2012 99920 SO COAST AIR QUALITY MGT DISTRICT FACILITY RENTAL-JUL 2012 001 12130 2,000.00 $0.00 6/28/2012 1 SO COAST AIR QUALITY MGT DISTRICT FACILITY RENTAL-JUL 2012 001 12130 -2,000.00 6/28/2012 99921 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 460.32 $1,299.46 6/28/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015340 42126 67.65 6/28/2012 99924 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 299.26 $1,600.00 6/28/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 472.23 6/28/2012 99922 SPEEDY SIGNS & NEON PRINT SVCS-PLNG 0015210 44220 348.00 $696.00 6/28/2012 SPEEDY SIGNS & NEON PRINT SVCS-PLNG 0015210 44220 348.00 6/28/2012 1 99923 SPLASH KINGDOM DAY CAMP EXCURSION 0015350 1 42410 1 550.00 $1,740.00 6/28/2012 THE SAUCE CREATIVE SERVICES BANNERS -TEEN NIGHT OUT 0015350 42110 1 742.69 6/28/2012 1 99924 GLENN STEINBRINK PROF.SVCS-FINANCE WK 6/21 0014050 1 44000 1 1,600.00 $1,600.00 6/28/2012 1 99925 SUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTING SVCS -USED OIL 1155515 1 44000 1 3,5 . 47.501 $3,547.50 6/28/2012 1 99926 THE COMDYN GROUP INC CONSULTING SVCS -WK 6/15 0014070 44000 1 1,919.74 $1,919.74 6/28/2012 1 99927 THE READY STORE SUPPLIES-EMER PREP 0014440 1 41300 1 955.001 $955.00 6/28/2012 99928 THE SAUCE CREATIVE SERVICES GRAPHIC SVCS -DOG PARK 0014095 44000 550.00 $1,292.69 6/28/2012 THE SAUCE CREATIVE SERVICES BANNERS -TEEN NIGHT OUT 0015350 42110 1 742.69 6/28/2012 1 99929 ITHOMSON WEST PUBLICATIONS-C/CLERK 1 0014030 1 42320 1 401.311 $401.31 Page 28 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/28/2012 6/28/2012 99930 TIME WARNER CABLE TIME WARNER CABLE INTERNET SVCS-CITYHALL INTERNET SVCS -CITY HALL 0014070 0014070 44030 44030 132.80 252.60 $385.40 6/28/2012 1 99931 MNTN RECREATION REFUND 001 1 34780 1 85.00 $85.00 6/28/2012 99932 TRENCH PLATE RENTAL CO - PROF.SVCS-DBB/STEEP CYN 0015554 42130 225.00 $450.00 6/28/2012 TRENCH PLATE RENTAL CO PROF. SVCS-DBB/STEEP CYN 0015554 42130 1 225.00 6/28/2012 1 99933 ICOS TRUJILLO RECREATION REFUND 1001 134780.1 186.001 $186.00 6/28/2012 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 42345 238.00 6/28/2012 1 99934 ICAROLINE TSAY IRECREATION REFUND 1 001 1 34760 1 125.001 $125.00 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014070 42125 4.92 6/28/2012 1 99935 IGINATURNER JRECREATION REFUND 1001 134780 1 158.001 $158.00 6/28/2012 99936 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 1 42345 1 238.00 $476.00 6/28/2012 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 0014060 42345 238.00 6/28/2012 1 99937 JUS POSTAL SERVICE (HASLER) REPLENISH POSTAGE METER 0014090 1 42120 1 5,000,001 $5,000.00 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014440 42125 58.19 6/28/2012 1 99938 IVALLEYTROPHY TROPHIES -YOUTH SOCCER 0015350 1 41200 1 623.77 $623.77 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014070 42125 4.92 6/28/2012 1 99939 IVERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 1 42125 1 79.711 $79.71 6/28/2012 99940 VERIZON WIRELESS PH.SVCS-CMGR 0014030 42125 104.60 $306.38 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014440 42125 58.19 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014090 42125 11.29 6/28/2012 VERIZON WIRELESS PH.SVCS-EOC 0014070 42125 4.92 6/28/2012 VERIZON WIRELESS PH.SVCS-DESFORGES 0014070 42125 45.01 6/28/2012 VERIZON WIRELESS PH.SVCS-AZIZ 0014070 42125 37.36 6/28/2012 VERIZON WIRELESS PH.SVCS-SASD MODEM 0014070 42125 45.01 6/28/2012 99941 VIDIFLO LLC CONSULTING SVCS -AN 0014096 44000 2,100.00 $4,275.00 6/28/2012 VIDIFLO LLC CONSULTING SVCS -DBC 0014096 44000 2,175.00 6/28/2012 1 99942 IVISION SERVICE PLAN IJUL 12 -VISION PREMIUMS 1 001 21107 1 1,306.461 $1,306.46 Page 29 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/28/2012 99943 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 18,278.49 $43,367.13 6/28/2012 99945 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 14,477.99 $402.50 6/28/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 6,697.94 6/28/2012 99946 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 20.21 $8.70 6/28/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -CITY HALL 0014093 42126 495.39 6/28/2012 99951 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 1,475.84 $130.00 6/28/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 1,921.27 6/28/2012 1 99944 HELEN WANG RECREATION REFUND 001 1 34760 1 378.00 $378.00 6/28/2012 1 WEST COAST ARBORISTS INC WATERING SVCS -MAY 12 0015558 1 45510 1 1,035.00 6/28/2012 1 99945 WARREN SIECKE TS INSTALL-B/CYN 12505510 46412 402.50 $402.50 6/28/2012 1 99946 IWAXIE SANITARY SUPPLY SUPPLIES -DBC 1 0015333 1 41200 1 8.701 $8.70 6/28/2012 99947 WEST COASTARBORISTS INC TREE MAINT SVCS -MAY 12 0015558 45509 1,681.20 $2,716.20 6/28/2012 1 WEST COAST ARBORISTS INC WATERING SVCS -MAY 12 0015558 1 45510 1 1,035.00 6/28/2012 1 99948 WEST END UNIFORMS UNIFORM-V/PATROL 0014415 1 41200 1 111.241 $111.24 6/28/2012 1 99949 IWORLD JOURNAL LA LLC AD -USED OIL GRANT PROG 1155515 1 42115 1 1,820.00 $1,820.00 6/28/2012 1 99950 YUE WU RECREATION REFUND 001 34780 1 170.001 $170.00 6/28/2012 1 99951 JYI TONY TORNG FILING COMM-MAY/JUN 0015210 1 44100 1 130.00 $130.00 6/28/2012 1 99952 CITY OF HUNTINGTON BEACH DAY CAMP EXCURSION 1 0015350 1 42410 1 300.00 $300.00 6/28/2012 1 99953 INTERACT EVENT PRODUCTIONS FIELD GAMES-REC 1 0015350 1 45300 1 2,025.00 $2,025.00 6/28/2012 1 99954 LEAGUE OF CALIFORNIA CITIES lMEMBERSHIP DUES -FY 12/13 1 0014090 1 42315 1 1,349.25 $1,349.25 6/28/2012 1 99955 LIEBERT CASSIDY WHITMORE MEMBERSHIP DUES -12/13 10014030 1 42315 1 3,385.00 $3,385.00 6/28/2012 1 99956 LIVESOUND CONCEPTS SOUND SVCS -4TH OF JULY 0015350 1 42130 1 1,480.00 $1,480.00 6/28/2012 1 99957 PYRO SPECTACULARS INC FIREWORK SHOW4TH JULY 0015350 1 45300 1 12,900.00 $12,900.00 Page 30 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/28/2012 1 99958 IAARON REYES BAND -4TH OF JULY BLAST 1 0015350 45300 3,000.00 $3,000.00 6/28/2012 99959 SIMPSON ADVERTISING INC DESIGN SVCS -CITY NEWS JUL 0014095 44000 1,675.00 $1,675.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-SEILER 0015310 42315 145.00 6/28/2012 1 99960 SO COASTAIR QUALITY MGT DISTRICT FACILITY RENTAL-JUL 12 0014090 1 42140 1 2,000.00 $2,000.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-KNOX 0015350 42315 150.00 7/6/2012 1 99961 ARLYNAGUILLON FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MEYERS 0015350 42315 150.00 7/6/2012 1 99962 JALLIANT INSURANCE SERVICES INC INS -4TH OF JULY BLAST 0015350 1 45300 1 1,956.06 $1,956.06 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-TARAZON 0015350. 42315 145.00 7/6/2012 1 99963 ARTESIA ICE SKATING TRAINING CTR LL CONTRACT CLASS -SUMMER 0015350 1 45320 1 288.001 $288.00 7/6/2012 1 99964 LINDAAVILA FACILITY REFUND -HERITAGE 001 1 23002 1 50.00 $50.00 7/6/2012 1 99965 ITHERESE BEAVERS RAMIREZ RECREATION REFUND 001 34740 1 74.00 $74.00 7/6/2012 1 99966 BENESYST 7/6/12-P/R DEDUCTIONS 1 001 21105 1,035.79 $1,035.79 7/6/2012 1 99967 RANJANA BHATT FACILITY REFUND -DBC 001 23002 1 496.65 $496.65 7/6/2012 99968 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -ROSE 0015310 42315 480.00 $1,680.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-SEILER 0015310 42315 145.00 7/6/2012 99970 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES -BRADLEY 0015310 42315 145.00 $312.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-KNOX 0015350 42315 150.00 7/6/2012 99971 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MCKITRICK 0015350 42315 165.00 $253.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MEYERS 0015350 42315 150.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-MURPHEY 0015350 42315 150.00 7/6/2012 CA PARK & RECREATION SOCIETY MEMBERSHIP DUES-TARAZON 0015350. 42315 145.00 7/6/2012 ICA PARK & RECREATION SOCIETY MEMBERSHIP DUES -JORDAN 0015310 42315 150.00 7/6/2012 1 99969 JEDWARD CHANG FACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 7/6/2012 1 99970 CHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 312.00 $312.00 7/6/2012 1 99971 YOUNG CHUNG RECREATION REFUND 1 001 1 34780 1 253.001 $253.00 Page 31 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total CheckAmount 7/6/2012 1 99972 CITY OF LA MIRADA EXCURSION -DAY CAMP 0015350 1 42410 1 647.25 $647.25 7/6/2012 99973 DIPAK :OMAR FACILITY REFUND -DBC 1 001 1 23002 1 550.00 $550.00 7/6/2012 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JUL 0014431 45403 1,250.00 7/6/2012 1 99974 HARSHILADOSHI FACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 7/6/2012 99975 MARIAELLIOTT RECREATION REFUND 001 1 34760 1 125.00 $125.00 7/6/2012 99976 ERIKA FLORES FACILITY REFUND-REAGAN 1 001 1 23002 1 50.00 $50.00 7/6/2012 1 99977 GATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIBUTION-JUL 1 0014093 1 42210 1 1,785.00 $1,785.00 7/6/2012 1 99978 MICHAEL HINES RECREATION REFUND 1 001 1 34720 1 115.00 $115.00 7/6/2012 1 99979 HOPSCOTCH PRESS INC AD -DBC ANNL DIRECTORY 0014095 1 42115 1 2,200.001$2,200.00 7/6/2012 1 99980 KAI JIE HU IFACILITY REFUND-PANTERA 001 1 23002 1 100.00 $100.00 7/6/2012 99981 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-JUL 12 0014431 45403 9,465.58 $10,715.58 7/6/2012 1 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-JUL 0014431 45403 1,250.00 7/6/2012 1 99982 JOHN'S INCREDIBLE PIZZA COMPANY EXCURSION -DAY CAMP 1 0015350 1 42410 1 660,101 $660.10 7/6/2012 KEVIN KIM RECREATION REFUND 001 34780 42.00 7/6/2012 1 99983 JOST INVESTMENT PROPERTIES LLC BAND -CONCERT IN PARK 7/11 1 0015350 1 45305 1 1,200.00 $1,200.00 7/6/2012 99984 KEVIN KIM RECREATION REFUND 001 34780 42.00 $84.00 7/6/2012 KEVIN KIM RECREATION REFUND 001 34780 42.00 7/6/2012 1 99985 HUICHEN LEE RECREATION REFUND 1 001 1 34780 1 34.00 $34.00 7/6/2012 99986 ROBIN LEE RECREATION REFUND 001 1 34780 164.00 $164.00 7/6/2012 1 99987 JALICIALOPEZ FACILITY REFUND -DBC 001 1 23002 500.00 $500.00 7/6/2012 1 99988 IYAZMIN MARTINEZ FACILITY REFUND -MAPLE HILL 001 1 23002 50.00 $50.00 7/6/2012 1 99989 IPERS RETIREMENT SURVIVOR BENEFIT 001 1 21109 1 8.00 $211.66 Page 32 City of Diamond Bar - Check Register 06/14/2012 thru 07/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 7/6/2012 99989... PERS RETIREMENT IRETIRE CONTRIB-EE 1 001 1 21109 1 203.661 $211.66... 7/6/2012 99990 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $11,611.88 7/612012 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,566.31 7/6/2012 1 99991 SAN GABRIEL VALLEYCITY MGRASSC IMEMBERSHIP DUES -FY 12/13 1 0014030 1 42315 1 55.00 1$55.00 7/6/2012 99992 MITAL SHAH FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 7/6/2012 99993 SOUVENIR ENTERTAINMENT - SOUND SVCS -CONCERTS 1 0015350 1 45305 1 500.001 $500.00 7/6/2012 1 99994 ISOUVENIR ENTERTAINMENT ISOUND SVCS -CONCERTS 0015350 1 45305 1 500.001 $500.00 7/6/2012 1 99995 ISOUVENIR ENTERTAINMENT SOUND SVCS -CONCERTS 1 0015350 1 45305 1 500,001 $500.00 7/6/2012 1 99996 SOUVENIR ENTERTAINMENT SOUND SVCS -CONCERTS 0015350 1 45305 1 500.00 $500.00 7/6/2012 1 99997 SOUVENIR ENTERTAINMENT lSOUND SVCS -CONCERTS 0015350 1 45305 1 500.001 $500.00 7/6/2012 1 99998 SOUVENIR ENTERTAINMENT ISOUND SVCS -CONCERTS 0015350 1 45305 1 500,001 $500.00 7/6/2012 1 99999 SWANK MOTION PICTURES MOVIE RENTALS -UNDER STARS 0015350 1 45300 1 3,047.001 $3,047.00 $4,214,583.42 Page 33 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Magr TITLE: Treasurer's Statement — May 20 2 RECOMMENDATION: Approve the May 2012 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Jul 17, 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 balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: c Finance Director Attachments: Treasurer's Statement, Investment Portfolio Report W Assistant WV4#ager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 2012 BEGINNING TRANSFERS SENDING .. .. .. BALANCE RECEIPTS DISBURSEMENTS .-:IN LOUT) BALANCE GENERAL FUND $16,915,574.69 3,962,588.12 2,031,108.91 (66,445.45) $18,780,608.45 COMMUNITY ORG SUPPORT FD 4,730.00 PETTY CASH ACCOUNT 1,100.00 3,630.00 MEASURE R LOCAL RETURN FD 372,408.67 46,594.12 102,341.62 521,344.41 GAS TAX FUND 431,153.31 250,310.28 681,463.59 TRANSIT TX (PROP A) FUND 473,152.15 157,595.64 206,395.50 424,352.29 TRANSIT TX (PROP C) FUND 1,784,552.15 62,460.45 59,022.64 1,787,989.96 TEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 773,665.41 176,300.45 29,407.56 920,558.30 TRAFFIC IMPROVEMENT FUND 389,050.14 5,320.36 383,729.78 AIR QUALITY IMPRVMNT FD 148,586.22 17,433.89 4,846.65 161,173.46 TRAILS & BIKEWAYS FUND 0.00 0.00 Prop 1B BOND FUND 118,007.75 (102,341.62) 15,666.13 PARK FEES FD 10,876.28 10,876.28 PROP A - SAFE PARKS ACT FUND 14,846.79 (125,828.00) (110,981.21) PARK & FACILITIES DEVEL. FUND 225,904.33 225,904.33 COM DEV BLOCK GRANT FUND (10,829.77) 11,874.39 (22,704.16) CITIZENS OPT -PUBLIC SAFETY FD 113,638.89 113,638.89 NARCOTICS ASSET SEIZURE FD 265,066.20 265,066.20 CA LAW ENFORCEMENT EQUIP PRGM 40,824.05 40,824.05 E BYRNE JUSTICE ASSIST GRANT -R 472.43 472.71 (0.28) E BYRNE JUSTICE ASSIST GRANT (15,355.32) 32.61 (15,387.93) LANDSCAPE DIST #38 FUND 32,294.87 29,570.43 21,878.59 39,986.71 LANDSCAPE DIST #39 FUND 40,840.41 19,386.23 12,730.32 47,496.32 LANDSCAPE DIST #41 FUND 73,476.64 14,238.06 6,647.25 81,067.45 ENERGY EFF & CNSVTN BLK GRT (393.27) 17,561.00 (17,954.27) CAP IMPROVEMENT PRJ FUND (437,662.04) 6,405.82 78,667.77 (509,923.99) PFA DEBT SERVICE FUND 0.00 0.00 SELF INSURANCE FUND 1,167,340.13 1,167,340.13 EQUIPMENT REPLACEMENT FUND 216,070.26 216,070.26 COMPUTER REPLACEMENT FUND 200,676.67 6,431.75 194,244.92 PUBLIC FINANCING AUTHORITY FUND 382,004.68 3.00 2.18 192,273.45 574 278.95 TOTALS $23,730,972.72 $4,742,886.49 $2,493,500.19 $0.00 $253980,359.02 SUMMARY OF CASH: ($316,256.96) DEMAND DEPOSITS: GENERAL ACCOUNT ($359,068.91) PAYROLL ACCOUNT 41,311.95 CHANGE FUND 1,000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($316,256.96) INVESTMENTS: US TREASURY MONEY MARKET ACCT $3,599,086.31 LOCAL AGENCY INVESTMENT FD 10,661,250.72 BONDS & CERTIFICATE DEPOSITS 11,462,000.00 CASH WITH FISCAL AGENT: 574,278.95 TOTAL INVESTMENTS $26,296,615.98 TOTAL CASH $25,980,359.02 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 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of May 2012 Total investments $ 26,296,616 $ 26,274,250.84 2011-12 Budgeted Interest Income $213,200.00 Actual Year -To -Date Interest Income $163,591.72 Percent of Interest Received to Budget 76.732% Allocation of Book Value of Investment by Type (By Percent) Federal Agency AF Fund Securities40.54% Issue Maturity Curr Par / Market Fair Market Coupon Investment Type Cusip Rating Date Date Term Ong Par Price Value * Rate GE Cap Corp 36962G5Q3 AAA 01/30/12 01130/15 3.0 Yrs 1,000,000 96.963 969,637.00 1.375% GE Cap Corp 36962G5T7 AAA 02/18/12 02/08/16 4.0 Yrs 1,000,000 97.499 974,991.00 1.550% Fed Nall Mtg Assn Note 3136FTFW4 AAA 10/26/11 10/26/16 5.0 Yrs 1,000,000 100.395 1003,958.00 1.500% Fed Nall Mtg Assn Note 3136FTLL1 AAA 11/16/11 11/16/16 5.0 Yrs 1,000,000 100.565 1,005,652.00 1.813% Fed Not Mag Assn Note 3136FTNK1 AAA 11/21/11 11/21/16 5.0 Yrs 1,000,000 100.202 1,002,023.00 2.000% Fed Farm Credit Banks Funding Bud 3133EAGY8 AAA 03/13/12 03/13/17 5.0 Yrs 1,000,000 100.031 1,000,313.00 1.200% Fed Home Loan Bank Bond 313379EPO AAA 05/30/12 05/30/17 5.0 Yrs 1000,000 99.821 998,219.00 1,170% Negotiable CD - Barclays Bank 06740KFH5 AAA 12/21/11 12/21/16 5.0 Yrs 248,000 100.984 250,442.05 2.000% Negotiable CD - Aurora Bank 05155THP6 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 100.316 248,784.92 0.900% Negotiable CD - BMW Bank 05568PV95 AAA 04/13/12 04/13/17 5.0 Yrs 248,000 99.319 246,312.36 1.750% Negotiable CD - Compass Bank 20449E3C8 AAA 09/30/11 09/30/13 2.0 Yrs 248,000 100.349 248,867.00 1.000% Negotiable CD - American Exp Bk 02587DBJ6 AAA 07/14/11 01/14/14 2.5 Yrs 248,000 100,661 249,640.76 1.050% Negotiable CD - Bank of China NY 061 AAA 01/27/12 01/27/14 2.0 Yrs 248,000 100.144 248,357.36 0,900% Negotiable CD- Huntington Nat'l Bk 446438NS8 AAA 01/27/12 01/27/14 2.0 Yrs 248,000 100.242 248,600.90 0.800% Negotiable CD - Ally Bank UT 02005QVNQ AAA 10/05/11 10/06/14 3.0 Yrs 248,000 100.575 249,427.73 1.300% Negotiable CD - Sallie Mae Bank 79545ONFS AAA 11/01/11 12/01/14 3.0 Yrs 248,000 100.536 249,330.52 1.400% Negotiable CD - Safra Nat'l Bank NY 786580YA2 AAA 01/30/12 01/30/15 3.0 Yrs 248,000 100.471 249,169.32 1.000% Negotiable CD - CIT Bank 17284AUMS AAA 06/29/11 06/29/15 4.0 Yrs 248,000 101.736 252,306.02 1.600% Negotiable CD- World Fin Captl Bank 98146QBNO AAA 11/16/11 11/16/16 5.0 Yrs 248,000 101.581 251,92261 1.500% Negotiable CD - Goldman Sachs Bk 38143AMV4 AAA 03/21/12 03/21/17 5.0 Yrs 248,000 99.668 247,178.62 1.600% Negotiable CD - Discover Bank 2546705F5 AAA 03/21/12 03/21/17 5.0 Yrs 248,000 99.668 247,178.62 1.600% Negotiable CD - State Bank India 856284D76 AAA 03/23/12 03/23/17 5.0 Yrs 248,000 99.658 247,153.82 1.650 % Negotiable CD - GE Capital Bank 36157QCN5 AAA 05/04/12 05/04/17 5.0 Yrs 248,000 99.204 246,027.65 1.750% Negotiable CD - GE Capital Bank 36160WK57 AAA 05/04/12 05/04/17 50 Yrs 248,000 99.204 246,02265 1.750% Negotiable CD - JP Morgan Bank 48124JAHI AAA 03/29/12 03/29/17 5.0 Yrs 246,000 99.675 245,201.97 1.000% Total Securities 8 CDs $ 11,462,000 $ 11,426,722.88 Local Agency Investment Fund AAA 10,661,251 10,674,162.70 0.363% US Treasury Money Markel AAA $3599,086 3,599,086.31 0.010% Total Liquidity $ 14,260,337 $ 14,273,249.01 Union Bank -(Fiscal Agent) AAA 574,279 574,278.95 0.010% Total investments $ 26,296,616 $ 26,274,250.84 2011-12 Budgeted Interest Income $213,200.00 Actual Year -To -Date Interest Income $163,591.72 Percent of Interest Received to Budget 76.732% Allocation of Book Value of Investment by Type (By Percent) Federal Agency AF Fund Securities40.54% 26.62% Certificate U.STreasuryDeposits p Money Market 6.97% 15.87% Total Investment -%26.296.616 Source of Fair Market Value: Wells Fargo Institutional Securities, LLC TYPE OF INVESTMENTS: Federal Agency Security Federal Agency Securities are issued by direct U.S Government agencies or quasi -government agencies. Many of these issues are guaranteed directly or indirectly by the United Stales Government. The City Investment Policy places a 40% limit on this type of investment and the security investment is currently held in a custodial account by Wells Fargo Institutional Securities LLC for safe- keeping services. Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which Is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Negotiable Certificate Of Deposit A certificate of deposit with a minimum face value of $100,000. These are insured by FDIC up to $250000 per owner for single accounts. CITY COUNCIL Agenda # 6 . 6 Meeting Date: July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City TITLE: Resolution No. 2012 -XX: A Reolution of the City Council of the City of Diamond Bar Establishing locations for Posting of City Ordinances, Resolutions and/or Public Notices Required by Law to be Published or Posted. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: No Financial impact is associated with this item. BACKGROUND: With the relocation of City Hall to the SCAQMD/Government Center, on February 6, 2001, the City Council adopted Resolution No. 2001-06 establishing locations for posting of City Ordinances, Resolutions and/or public notices and meeting agendas as required by law to be published or posted. With the relocation of the Diamond Bar Branch of the Public Library to 21800 Copley Drive, it is necessary to adopt a new Resolution establishing locations for posting of City Ordinances, Resolutions, Meeting Notices and/or Public Notices. PREPARED BY: REVIEWED BY: i It— 6 � Tom ye Cribbins, City Clerk David Do e, u City Manager Attachments: Resolution No. 2012 -XX RESOLUTION NO. 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LOCATIONS FOR POSTING OF CITY ORDINANCES, RESOLUTIONS AND/OR PUBLIC NOTICES REQUIRED BY LAW TO BE PUBLISHED OR POSTED The City Council of the City of Diamond Bar does resolve as follows: 1. Effective July 28, 2012, the following public places within the City limits of the City of Diamond Bar are established for the posting of ordinances and of such notices as are required by law to be established: a. Diamond Bar City Offices/South Coast Air Quality Management District Lobby 21865 E. Copley Drive b. Los Angeles County Branch Library 21800 E. Copley Drive C. Heritage Park Community Center 2900 S. Brea Canyon Road 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this day of July, 2012. Ling -Ling Chang, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was Passed, Approved and Adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of July, 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 6.7 Meeting Date July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Member of he City Council VIA: James DeStefano, City Mana e TITLE: APPROVAL OF AN UNLIMITED U E SERVICE PROPOSAL WITH BLACKBOARD CONNECT FOR G VERNMENT TO PROVIDE CONNECT-CTY EMERGENCY NOTIFICATION SYSTEM SERVICE THROUGH AUGUST 14, 2013 AT A COST OF $34,830.98 RECOMMENDATION: Approve. FISCAL IMPACT: Funds for the Connect-CTY system capabilities have been included in the Council - approved FY 2012-13 municipal budget. BACKGROUND / DISCUSSION: Sometimes known as a "reverse 911" or "mass notification system", the Connect-CTY system is a powerful communications tool that enhances the City's emergency preparedness response by rapidly releasing information to thousands of residents and businesses via landline and cellular telephone calls, text messages, and electronic mail. This capability is a key component in ensuring accurate information is disseminated during stressful and confusing emergencies or disasters. The City's adopted system use policy ensures the system is used only in emergencies or in events the City Manager deems appropriate for targeted messaging. The system has continued to successfully notify Diamond Bar residents of emergency situations, becoming an important part of the City's preparedness program. The proposed renewal agreement provides unlimited system access within the budgeted amount and staff recommends the City Council renew the service agreement for the 2012-13 fiscal year. Prepared R McLean, Assistant to the Cit ger Attachments: Blackboard Connect/Connect-CTY Unlimited Use Service Proposal Blackboard Connect for Government' GSA Quote Unlimited Use Service Proposal for City of Diamond Bar, CA Company Information Blackboard Inc. DUNS Number: 01-613-1430 650 Massachusetts Ave., NW, 6th Floor Tax ID Number: 52-2081178 Washington, DC 20001 CAGE Number: 1QLN4 GSA Contract Number: GS -35F -0554M Prices Valid through 7/31/12 Service Summary: The Blackboard Connect for Government service allows government leaders to provide notices, direction, and reassurance to reach thousands of constituents in minutes without having to invest in or maintain hardware, software, or additional phone lines. Now, you can reach your entire community—quickly and reliably—with voice, text, and email messages. Services include: • - An integrated communications suite, including Priority Communication, Community Outreach and Interactive Survey • Voice and text/SMS delivery to multiple communication devices • Geo -Calling feature lets you target recipients using a map • 24/7/365 proactive Client Care support • Unlimited use for a fixed, annual fee • Initial set-up, training and refresher training sessions included • Delivery to up to ten phones, four email addresses and four SMS phone per contact • Superior call routing, throttling, and load balancing expertise • Fully hosted and managed Software as a Service (SaaS) --- no maintenance required • Message delivery tracking with comprehensive reporting Quote Summary_ All products and services quoted are available through the Blackboard Inc GSA Schedule GS -35F -0554M and pursuant to the Terms and Conditions negotiated therein PLEASE INCLUDE IN THE PURCHASE ORDER ALL THE INFORMATION IN THE PRICE QUOTE BELOW AND PLEASE MAKE SURE THAT BLACKBOARD GSA SCHEDULE # GS -35F -0554M IS CLEARLY WRITTEN ON YOUR PURCHASE ORDER. PLEASE SIGN THIS PRICE QUOTE, SCAN BOTH DOCUMENTS AND EMAIL THEM TO Justin.Nelson@blackboard.com. Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential • www.blackboardconnectcom • U.S. Patent No. 6,816,878 Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential . www.blackboardconnect.com • U.S. Patent No. 6,816,878 8: • B® 132-32 Blackboard Connect for Government Annual Term for 17,735 Recipients Service $1.91 August 15, 2012 —August 14, 2013 $ 33,873.85 per Subsequent terms will be annual based on Recipient the Customers Start Date of August 15 132-32 Annual Support Fee Annual Support Fee $957.13 $957.13 -• Total Annual Fee Period = $34,830.98 Payable by PO at contract Inception This amount will be invoiced annually after August 15 Questions? Please call: ' • s James Price, Contracts 1. Fax Purchase Order and Signed Proposal to 818-450-0425 2. Import recipient data (Blackboard Connect provides resident/ business data). 202-463-4860 x2791 or 3. Implementation of service and orientation for all designated system users. 4. Begin sending Priority, Outreach and Interactive Survey communications. Justin Nelson 919-573-4901 Tustin. nelsona,blackboard. com City of Diamond Bar, CA BLACKBOARD CONNECT INC. Authorized Signatory: Authorized Signatory: Name & Title: Name & Title: Execution Date: Execution Date: Address: City of Diamond Bar, CA Address: Blackboard Inc. 21825 Copley Drive 650 Massachusetts Ave., NW, 6th Floor Diamond Bar, CA 91765 Washington, DC 20001 Name: Ryan McLean Name: Caryn Pinto, Contract Specialist Phone: 951-805-1165 Phone: (202)463-4860, ext. 2953 Fax: Efax: (818) 450-0425 Email rvan.mclean@ci.diamond-bar.ca.us Email: carvn.aintoPblackboard.com Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential . www.blackboardconnect.com • U.S. Patent No. 6,816,878 Blackboard Connect for Government° GSA Quote w- Unlimited Use Service Proposal for City of Diamond Bar, CA Company Information Blackboard Inc. 650 Massachusetts Ave., NW, 6th Floor Washington, DC 20001 DUNS Number: 01-613-1430 Tax ID Number: 52-2081178 CAGE Number: 1 QLN4 GSA Contract Number: GS -35F -0554M Prices Valid through 7/31/12 Service Summary: The Blackboard Connect for Government service allows government leaders to provide notices, direction, and reassurance to reach thousands of constituents in minutes without having to invest in or maintain hardware, software, or additional phone lines. Now, you can reach your entire community—quickly and reliably—with voice, text, and email messages. Services include: • An integrated communications suite, including Priority Communication, Community Outreach and Interactive Survey • Voice and texttSMS delivery to multiple communication devices • Geo -Calling feature lets you target recipients using a map • 24/7/365 proactive Client Care support • Unlimited use for a fixed, annual fee • Initial set-up, training and refresher training sessions included • Delivery to up to ten phones, four email addresses and four SMS phone per contact • Superior call routing, throttling, and load balancing expertise • Fully hosted and managed Software as a Service (SaaS) --- no maintenance required • Message delivery tracking with comprehensive reporting Quote Summary: All products and services quoted are available through the Blackboard Inc. GSA Schedule GS -35F -0554M and pursuant to the Terms and Conditions negotiated therein. PLEASE INCLUDE IN THE PURCHASE ORDER ALL THE INFORMATION IN THE PRICE QUOTE BELOW AND PLEASE MAKE SURE THAT BLACKBOARD GSA SCHEDULE # GS -35F -0554M IS CLEARLY WRITTEN ON YOUR PURCHASE ORDER. PLEASE SIGN THIS PRICE QUOTE, SCAN BOTH DOCUMENTS, AND EMAIL THEM TO Justin.Nelson@blackbocird.com. Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential • www.blackboardconnect.com • U.S. Patent No. 6,816,878 Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential 9 www.blackboardconnect.com 9 U.S. Patent No. 6,816,878 ea Ba 132-32 Blackboard Connect for Government Annual Term for 17,735 Recipients Service $1.91 August 15, 2012 —August 14, 2013 $ 33,873.85 per Subsequent terms will be annual based on Recipient the Customers Start Date of August 15 132-32 Annual Support Fee Annual Support Fee $957.13 $957.13 Total Annual Fee Period = $34,830.98 Payable by PO at contract Inception This amount will be invoiced annually after August 15 Questions? Please call: James Price, Contracts 1. Fax Purchase Order and Signed Proposal to 818-450-0425 2. Import recipient data (Blackboard Connect provides resident/ business data). 202-463-4860 x2791 or 3. Implementation of service and orientation for all designated system users. 4. Begin sending Priority, Outreach and Interactive Survey communications. Justin Nelson 919-573-4901 ustin.nelson(@,blackboard.com City of Diamond Bar, CA BLACKBOARD CONNECT INC. Authorized Signatory: Authorized Signatory: Name & Title: Name & Title: Execution Date: Execution Date: Address: City of Diamond Bar, CA Address: Blackboard Inc. 21825 Copley Drive 650 Massachusetts Ave., NW, 6th Floor Diamond Bar, CA 91765 Washington, DC 20001 Name: Ryan McLean Name: Caryn Pinto, Contract Specialist Phone: 951-805-1165 Phone: (202)463-4860, ext. 2953 Fax: Efax: (818)450-0425 Email: rvan.mclean(e1ci.diamond-bar.ca.us Email: carvn.pintoC@blackboard.com Blackboard Connect for Government is a service of Blackboard Connect Inc., a wholly-owned subsidiary of Blackboard Inc. (NASDAQ:BBBB) • Proprietary and Confidential 9 www.blackboardconnect.com 9 U.S. Patent No. 6,816,878 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma r Agenda # 6.8 Meeting Date: July 17, 2012 AGENDA REPORT TITLE: AUTHORIZE THE CITY MANA ER TO PURCHASE A CITY HALL EMERGENCY GENERATOR FOR A NOT TO EXCEED COST OF $130,000. RECOMMENDATION: Authorize. FISCAL IMPACT: There are sufficient funds in the Fiscal Year 2012-13 budget to cover the equipment purchase. BACKGROUND / DISCUSSION: The City transferred government services to the new City Hall/Library facility at 21810 Copley Drive. To increase redundancy of essential City services, it is necessary to equip the building with an emergency generator. Subsequent to the FY2012-13 budget adoption, new Environmental Protection Agency (EPA) rules require all new generator purchases be Tier 4 compliant and include a particulate filer, increasing the cost beyond the $120,000 original estimated cost for the generator purchase. Staff requests authorization to purchase a Multiquip DCA30OSSCU41 3 Phase Generator with 300 gallon capacity fuel tank and trailer from Quinn Services in Pomona. Total cost for the generator and related equipment is estimated at $127,519, with registration and AQMD permitting resulting in a total not to exceed cost of $130,000. The purchase will utilize $120,000 from the Civic Center budget (001-4093-46220) and up to an additional $10,000 from the City's California Law Enforcement Equipment Program Fund 128. Prepared by: ter; - �I - Anthony Santos Sr. Management Analyst Attachments: 1. Proposal. 2. Generator Spec Sheet. Reviewed by: ow`�' David Dcy e Assistant City Manager i € QUINN Rental Services Rental 3359 Pomona Blvd POMONA, CA 91768 OFFICE: (909) 594-4326 EQUIPMENT SALE ESTIMATE CUSTOMER: City of Diamond Bar ATTENTION: Claude Bradley PHONE #: 909-376-0794 e-mail: cdradleyowdiamorrdhar.ca.gov DATE: 6121/2012 EQUIPMENT DESCRIPTION Cost Freight Multiquip DCA30OSSCU41 3 phase generator $114,960.00 2,500.00 Price includes 300KVA Generator unit, dual axle trailer w/ hydrallc brakes and 300 gallon fuel tank, Pintle eye ring for towing. Unit can ship July 6 2012 Sales Tax 8.75%: $10,059A0 Total: Approval Signature: Date: $127,519.00 USED EQUIPMENT SOLD "AS -IS", WHERE IS. NO WARRANTY EXPRESSED AND/OR IMPLIED UNLESS OTHERWISE NOTED. NEW EQUIPMENT IS SOLD WITH STANDARD MANUFACTURER WARRANTY UNLESS OTHERWISE NOTED **PRICES ARE SUBJECT TO SALES TAX. QUOTE VALID FOR 1 MONTHS FROM DATE OF QUOTE. Quinn REP: John Frazier OFFICE PHONE: (949) 768-4050 MOBILE: (949) 337-2373 OFFICE FAX: (562) 908-7377 E-MAIL: itrazierCa>ars-cat.com 800 -RENT -CAT MQ Power Super -Silent WhisperWatt 180 kVA to 800 kVA - Single !Three Phase Model DCA-18OSSCU4:i I DCA-22OSSCU41 DCA-30OSSCU4i I DCA-40DSSID I DCA-607SVC DCA-80OSSK2D Generator Design Revolving Field Self-Ventilated Di Proof Single Bearing No. of Poles 4-poles Excitation . Brushless with AVR Standby Output 158 kW 198 kVA 194 kW 242 kVA 264 kW 330 kVA 352 kW 440 kVA) 528 kW 1660 kVA 704 kW 680 kVA Prime Output 144 kW (180 kVA 176 kW (220 kVA) 240 kW (300 kVA) 320kW(400 kVA) 480 kW (600 kVA) 640 kW (800 kVA) Generator RPM 1 BDO Vo@ages--3 phase 208, 220, 240, 416, 440, 460, 480V Fecomactable Voltages--1 phase 120, 127, 139, 240, 254, Z77V Adjustable Armature Connection Star with neutral Voltage Regulation -0.5% no load to full load Frequency 60 HZ Frequency Regulation - 7025% - - no bad to full load) Electronic Governor Power Factor 0.8 Sound Level dB(A) 74 Full Load at 23 feet 75 75 71 74 73 DIESEL ENGINE Maket Model Cummins OSB7-G6 Cummins QSB7-G6 Cummins QSL9-Ge Isuzu BH-6WG1X Volvo TAD1642GE Komatsu SAA6D17DE-3 Emissions Tier 41 Tier 41 Tier 4i Tier 3 Tier 2 Tier 2 Starting System Electric Design 4-cycle Water Cooled Direct Injection Turbochargered Charge Air Cooled EGR 4-cycle Water Cooled Direct Injection Turbochargered Charge Air Cooled Displacement 67OD cc 6700 cc 8900 cc 15681 cc 16120 cc 23150 cc No. Cylinders 6 6 6 6 6 6 Bore x Stroke mm 107 x 124 107x 124 114 x 145 147 x 154 144 x 165 170 x 170 Gross Engine Power Output 314 314 433 532 809 1220 Fuel Tank Capacity gal (liters) 100 (380) 100 (380) 129 (490) 129 (490) 129 (490) 129 (490) Fuel Consumption full load gph(lph) 3/4 bad gph(lph) 112 load gph(lph) 1/4 load h h 10.3 {39.1) B.0 (30.4) 5.9 (225) 4.0 15.3 12.4 (46.8) 9,5(36-0) 6.9 (26.0) 4.4 16.6 16.3 (61.8) 14,1(53-3) 12.0 (45.5) 7.05 26.7 23.0 (87.3) 18-0(68-1) 12.9 (46.8) 7.6 29.7 33.1 (125-2) 24-2(91.7) 17.3 (65.4) 10.5.39.6 41.3 (156.5) 30.8 (116.4) 22.6 (85.9) 14.5 54.9 Coolant Capacity gal (titers) 11.4 (430) 11.4 15.8 (62.0) 24.6(93.0) 39.1 (148) Oil Capacity gal (friers) 4.6 (17.5) 4.6 (17.5) 6.0 22,7) 14.4 (S.0) 12.7 (48.0) 37-2(141) Battery 12V t OOAh x 2 24V System 12V 10OAh x 2 24V System 12V 15OAh X 2 24V System 12V 20OAh X 2 24V System 12V 20OAh X 2 24V System 12V 20OAh X 4 24V System SrZE Lx WxH in. cm 138x 52x 69 (350x1302175` 138x52 x69 3501130x175 150x59 x71 3801150x180 181x551 83 185x 65 x 94 4641140x210 47Ox165x240 241 x77 x 98 611x195x250 Approx, Net wt. lb. (kg) 6,528 (2,961) 6,792 (8,081) 8,880 (4,028) 11,973 (6,432) 16,686 (7,567) 24,434 (11,086) AMP Single Phase 120V 400.0A (4 wire) 488.9A (4 wire)666.7A (4 w've) 888.9A (4 wire) 1333.3A (4 wire) 1777.8A (4 wire) Single Phase 240V 200.OA (4 wire 244.4A (4 wire) 333.3A (4 wve) 444.4A 4 wire) 666.7A (4 wire) 888.9A (4 wire) Three Phase 240V 4S3A 529A 722A 962A 1443A 1924A Three Phase 480V 216A 265A 361A 481A 721A 962A MULTIQUIE Features and specifications are subject to change without notice. 18910W[W,tu.Mv . units manufactured by Denyo Co. Ltd. (osn Lao) C.o, CA CUM Q Copyright 2011 , Multiquip Inc 8np.421.124 om,mYl wip'. Agenda # 6.9 Meeting Date: July 17, 2012 CITY COUNCIL q,tr,rr,�,2,�� � '-'� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a r TITLE: Authorize City Manager to purcha e Hewlett Packard Servers, and additional hardware replacements from Hewlett Packard, Cisco and vendors on the currently Approved Vendors List, throughout the FYI 2-13 for an amount not to exceed $132,500. Recommendation: Approve. This purchase exceeds the City Manager's spending authority and requires Council authorization Budget/Financial Impact: There are sufficient funds in the approved FY12-13 budget for these purchases. Discussion: City staff relies heavily on the use of computers, specialized networks, and associated hardware and software to create, process, and store digital information to serve our constituents. In addition, the City relies on these same systems to promote and maintain communication with our residents, businesses, City Council and City staff. There are several existing pieces of equipment including HP servers, Laptops and associated hardware components that have outlived their useful life; and have a high likelihood of failure in the next 6 to 12 months. In addition, there is specialized hardware related to our on-line services that will require replacement in the upcoming fiscal year due to their age and on-going vendor support limitations. Staff recommends the City Council authorize the City Manager to purchase the necessary replacement equipment from Hewlett Packard (HP), Cisco, and other vendors on the currently Approved Vendors List, through State -negotiated and approved bulk purchasing contracts. This process provides for a significantly reduced cost to the City, without the formal bid process. Additionally, occasionally a vendor on the Approved Vendor List will lower their price to something below the state contract. This pre -approval allows us to move quickly to take advantage of special or one-time date -sensitive discounts when they occur. If approved by Council, the City will begin the replacement of these various pieces of equipment in July 2012 and conclude prior to the end of the fiscal year. It is recommended that the City Council authorize these expenditures and approve the disposal of the existing surplus property per City policy. Prepared by: en De orges, Di ctor nformation Systems Reviewed by: �nlq David Doyle, Assisfaml City Manager Agenda # 5.10 Meeting Date: 7/17 2012 CITY COUNCILIIV%' AGENDA REPORT ��CORMH+1�'b0 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Three Year Contract with The Co Dyn Group, Inc. for as -needed information technology services for an amount not to exceed $110,000, for the period of July 1, 2012 through June 30, 2015. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY12-13 budget for this expenditure ($35,500); additional annual appropriations will be sought during annual budget process. DISCUSSION: The ComDyn Group, Inc. (ComDyn) provides temporary technical personnel which assist the City's Information Services Department on an as -needed basis. Specifically, ComDyn personnel assist with advance network security including monitoring critical security systems and providing security configuration support to ensure the highest level of network security and prevent unauthorized access to critical City information. In addition, ComDyn provides specific technical assistance for the City's Geographical Information System (GIS) program. For the past several years, the City has utilized ComDyn GIS staff to assist in the creation of the underlying database, base map, and other crucial elements of the program. By utilizing these resources instead of hiring a full time GIS staff member, the City has been able to provide this high quality service to the public and City departments at a lower cost. Historically the City expends approximately $35,000 - $40,000 per year on as -needed information technology consulting services. It is anticipated that this trend will continue for the next few years and, as such, $35,500 has been appropriated in the FY 2012-13 budget. City staff is recommending a three-year contract for services. However, only the first year's cost is appropriated and available. The future year's costs will be appropriated through future budget processes at that time. The City will only pay for services it receives, so if there is a funding concern in the future, this contract does not financially obligate the City to spend the entire contract amount. By having a three-year agreement, the City is likely to retain the specific individuals that have been performing these services in the past. The City has utilized ComDyn technical staff for the past seven years and has been very satisfied with their performance. The technical staff provided by ComDyn are highly qualified, very familiar with City systems and programs, and provide a high level of technical skills and expertise beyond those of City staff. Prepared by: 7S Ken Desforges, Director lnfrrn#tfbn Systems Attachment: ComDyn Consulting Service Agreement Reviewed by: V),119 David b6A, Ass' nt City Manager CONSULTING SERVICES AGREEMENT This Three (3) year Agreement is made and entered into this 1St day of July 2012, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and The Comdyn Group, Inc. (hereinafter referred to as "Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated July 1, 2012. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A" (Consultant's submitted proposal). 2. Term of Agreement. This contract shall take effect July 1, 2012 and shall continue until June 30, 2015 or completion of the project, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $110,000 in total and shall not exceed Council approved budget Appropriations annually during the term of the agreement. ($35,500 in FY12/13) 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Staff and Addresses. City: James DeStefano, City Manager Ken Desforges, Director Information Systems City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Consultant: Jim Lentz, Security Consultant Ruel "JR" Dira GIS Analyst The Comdyn Group, Inc. Attn: Diana Brown, Vice President 100 E. Thousand Oaks Blvd., Suite 233 Thousand Oaks, CA 91360 The City has the right to written approval for any change or replacement of the above Mentioned Comdyn Staff. 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes in amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and employees of Consultant. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant 2 to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the city, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the negligent or wrongful acts or omissions of City. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and 3 independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall 4 be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be I performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. Key personnel are listed in #5 of this agreement and shall not change without prior written approval from the City. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 51 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designated in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 7 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and the City. This Agreement supercedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "City" ATTEST: M CITY OF DIAMOND BAR 13 Tommye Cribbins, City Clerk Ling Ling Chang, Mayor Approved as to form: In Michael Jenkins, City Attorney "CONSULTANT" By: /3d -- Diana Brown, Vice President The Comdyn Group 9 Exhibit "A" Scope of Services: The Comdyn Group Inc. will provide Security, GIS, and other Information Technology Consultants to the City of Diamond Bar on an "as needed basis". Anticipated Annual use: Security Consulting - $8,500 (@ 97 hrs at $86.99 per hour) GIS Consulting — $27,000 (@375 hrs at $71.94 per hour) Exhibit "B" Payment Schedule: Terms are net 30 on invoices submitted with approved contractor time cards. Billing rate(s) for the City of Diamond Bar: Payroll Service (City located contractor) - Contractor base hourly pay rate + a 25% Mark-up* Examples: Security Consulting - Contractor Rate = $60.00***Margin = $15.00, Billing Rate = $75.00 GIS Consulting — Contractor Rate = $40.00***Margin = $10.00, Billing Rate = $50.00 Full -Time contractors (Comdyn located contractor) - Contactor base hourly pay rate + a 45% Mark-up** Part -Time contractors (Comdyn located contractor) - Contractor base hourly pay rate + a 60% Mark-up** Contractors are classified as "Full -Time" if they are projected to work 32 hrs or more hrs per week or are projected to work more than 1000 hours in a twelve month period. Contractors are classified as "Part -Time" if they are projected to work less than 32hrs per week or are projected to work 1000 hours or fewer in a twelve month period. *Includes all Federal and State payroll taxes, company benefits, etc... **Includes recruitment costs, and all Federal and State payroll taxes, company benefits, etc...) ****Actual rates may vary as they are based upon the type of service provided and successfully negotiations with each individual providing that service. Agenda # 6.11 Meeting Date: 07/17/12 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: AMENDMENT #1 TO CONtSOPE EXCEL LANDSCAPE TO ADD WASHINGTON PARK TO OF WORK FOR LANDSCAPE MAINTENANCE SERVICES FOR THE 2012/13 FISCAL YEAR IN THE ADDITIONAL AMOUNT OF $3,900 PER YEAR, RESULTING IN A TOTAL CONTRACT AMOUNT OF $333,575; PLUS A CONTINGENCY AMOUNT OF $27,000 FOR AS -NEEDED WORK, FOR A TOTAL 2012/13 FISCAL YEAR AUTHORIZATION OF $360,575. Recommendation: Approve. Financial Impact: Funds for this contract are included in the 2012/13 FY budget. Background: On June 21, 2011, the City Council awarded a two-year contract to Excel Landscape for landscape maintenance services at LLAD's #38, 39 & 41 in Diamond Bar for an amount not to exceed $329,675 for the 2012/13 fiscal year. Discussion: The areas that are included in this contract for the period of July 1, 2012 through June 30, 2013 to be maintained by Excel Landscape are: Lighting and Landscape Maintenance District #38 Lighting and Landscape Maintenance District #39 Lighting and Landscape Maintenance District #41 Staff is seeking to add a new area to the scope of work provided in section 1 of the contract. The new area that staff would like to add to this contract is: Washington Park, 21208 Washington Street $325 per month $3,900 per year The addition of Washington Park to the contract will result in a total contract amount of $333,575 for the 2012/13 FY. Maintenance specifications for the three districts and Washington Park are on file in the City Clerk's office. Attachments: Excel Proposal to Maintain Washington Park dated 5/9/12 Amendment #1 dated July 17, 2012 Excel Maintenance Services Agreement dated June 21, 2011 PREPARED AND REVIEWED BY: B&RUe Community Services Director LANDSCAPE 710 Rimpau Ave. Suite Name /Address City of Diamond Bar 21825 E. Copley Dr. Diamond Bar, CA 91765-4178 Att: Anthony Jordan (951) 735-9650 Fax (951) 735-0469 • Lic # 694553 Proposal Date Estimate # 5/9/2012 4542 Signature Rep Location Salesman OF 3588 Oscar Description Qty Cost Total Re: Washington St. Park Supply monthly maintenance to Washington St. Park. Total per month 325.00 325.00 Total $325.00 Signature AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 17th day of July, 2012 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY') and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a two year AGREEMENT with CITY effective July 1, 2011 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A. b. Parties desire to amend the AGREEMENT to add one (1) new area to the Scope of Work, and to increase the contract amount to $333,575. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Scope of Work provided in Section 1 of the agreement that is on file with the City Clerk is amended to add one new area: Washington Park, 21208 Washington Street in Diamond Bar. Section 2 — Contract price of AGREEMENT provided in Section 11 is amended by increasing the price to a not to exceed amount of $333,575 for the 12/13 FY, as detailed in Exhibit A. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ling -Ling Chang Title: Mayor APPROVED TO FORM: City Attorney EXCELLANDSCAPE Contractor Signed Title City Clerk Exhibit A — Location & Compensation Schedule Excel Landscape Landscape Maintenance Locations per District maps provided in the City-wide Landscape Maintenance Specifications, as amended on 5/18/10 and on file in the City Clerk's Office. Cost Break-out Per Location for the 2012/13 Fiscal Year: Contractor 12/13 FY Contract Amount 1. Lighting and Landscape Maintenance District #38: Excel $140,617.00 2. Lighting and Landscape Maintenance District #39: Excel $139,331.63 3. Lighting and Landscape Maintenance District #41: Excel $49,726.37 4. Washington Park, 21208 Washington Street: Excel $3,900.00 Total Contract Amount for items 1 thru 4 above: Total Authorization: 2012/13 Contract Amount: $333,575 2012/13 Potential As -Needed Work 27,000 2012/13 FY Authorization $360,575 $333,575.00 MAINTENANCE SERVICES AGREEMENT FOR LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39 & #41 THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and Excel Landscape ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide landscape maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Lighting and Landscape Maintenance District Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated May 18, 2010. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated June 7, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B herein, until June 30, 2013. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Three Hundred Twenty -Nine Thousand Six Hundred Seventy -Five Dollars ($329,675) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager Contractor: Jose Alfaro, President City of Diamond Bar Excel Landscape 21825 Copley Drive 710 Rimpau Avenue, Suite 108 Diamond Bar, CA 91765-4178 Corona, CA 92879-5724 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability -insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with -a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. Extension Options. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default, 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good'faith efforts to resolve the same thereby, shall be conditions precedent to the institution°of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices; or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27, Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written ELO=M--' "City" ATTEST: //f By: SL I f �6' Tommye Crib ib ns; City Clerk as to form: chael Jenkins, City'AtNIney "Contractor" By: TITLE CITY OF J OND BAR By: s4!�✓ Steve Tye, May r State of California Contractor's License No. 694553, Contractor's Business Phone /J�` /�����✓��� Emergency Phone a M— 75�Z at which Contractor can be reached at any time. Exhibit C — Compensation Schedule , Excel Landscape Landscape Maintenance Locations per District maps provided in the City-wide Landscape Maintenance Specifications, as amended on 5/18/10 and on file in the City Clerk's Office. Break-out Per District for 2011/12 and 2012/13 Fiscal Years• Contractor 1. Lighting and Landscape Maintenance District #38: Excel 2. Lighting and Landscape Maintenance District #39: Excel 3. Lighting and Landscape Maintenance District #41: Excel Total Contract Amount for items 1 thru 3 above for each Fiscal Year: Total Authorization: 2011/12 Contract Amount: $329,675 2011/12 Potential As -Needed Work: 27,000 2011/12 Authorization: $356,675 2012/13 Contract Amount: $329,675 2012/13 Potential As -Needed Work 27.000 2012/13 FY Authorization $356,675 Limited to amount approved in 2012/13 FY Adopted Budget. 11/12 & 12/13 FY Contract Amounts $140,617.00 $139,331.63 $49,726.37 $329,675.00 Agenda # 6.12 Meeting Date: 07/17/12 CITY COUNCIL ka t AGENDA REPORT 1989 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: AMENDMENT #1 TO CONTRAC WITH VALLEYCREST LANDSCAPE TO ADD THE MESA TRAIL AT SYCAMORE C NYON PARK TO THE SCOPE OF WORK FOR LANDSCAPE MAINTENANCE SERVICES FOR THE 2012/13 FISCAL YEAR IN THE ADDITIONAL AMOUNT OF $6,000 PER YEAR, RESULTING IN A TOTAL CONTRACT AMOUNT OF $368,995; PLUS A CONTINGENCY AMOUNT OF $25,000 FOR AS - NEEDED WORK, FOR A TOTAL 2012/13 FISCAL YEAR AUTHORIZATION OF $393,995. Recommendation: Approve. Financial Impact: Funds for this contract are included in the 2012/13 FY budget. Background: On June 21, 2011, the City Council awarded a two-year contract to ValleyCrest Landscape for landscape maintenance services at the City's parks in Diamond Bar for an amount not to exceed $362,995 for the 2012/13 fiscal year. Discussion: The areas that are included in this contract for the period of July 1, 2012 through June 30, 2013 to be maintained by ValleyCrest Landscape are: 1. Diamond Bar Center —1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 5. Maple Hill Park — 1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park— 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head S. Diamond Bar Blvd. Staff is seeking to add a new area to the scope of work provided in section 1 of the contract. The new area is: Mesa Trail at Sycamore Canyon Park $500 per month $6,000 per year The addition of the Mesa Trail to the contract will result in a total contract amount of $368,995 for the 2012/13 FY. Maintenance specifications for the City Parks and Trails are on file in the City Clerk's office. Attachments: ValleyCrest Landscape Proposal to Maintain the Mesa Trail at Sycamore Canyon Park dated 4/6/12 Amendment #1 dated July 17, 2012 ValleyCrest Maintenance Services Agreement dated June 21, 2011 PREPARED AND REVIEWED BY: Ir BoOZ&s Community Services Director AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 17th day of July, 2012 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY') and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a two year AGREEMENT with CITY effective July 1, 2011 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A. b. Parties desire to amend the AGREEMENT to add one (1) new area to the Scope of Work, and to increase the contract amount to $368,995. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Scope of Work provided in Section 1 of the agreement that is on file with the City Clerk is amended to add one new area: Mesa Trail in Sycamore Canyon Park in Diamond Bar, Section 2 — Contract price of AGREEMENT provided in Section 11 is amended by increasing the price to a not to exceed amount of $368,995 for the 12/13 FY, as detailed in Exhibit A. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Ling -Ling Chang Title: Mayor APPROVED TO FORM: City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title City Clerk mom Val IeyCrest Landscape Maintenance April 6, 2012 Owner/Client: Client Address: Job Name: Job Location: PROPOSAL FOR LANDSCAPE MANAGEMENT SERVICES for City of Diamond Bar Diamond Bar, CA 8726 Calabash Avenue. Fontana, CA 92335 tet(909)349-1802 fax:(909) 350-9220 Sycamore Trail Extension Sycamore Trail Extension - Diamond Bar Blvd., Diamond Bar, CA We appreciate the opportunity to propose to you how ValleyCrest Landscape Maintenance, Inc., can help you enhance the quality of your landscape. Our team is committed to integrating the specific landscape needs of your property with your service expectations and budget considerations. Giving careful consideration to the individuality of each landscape, ValleyCrest Landscape Maintenance, Inc., provides competitive pricing, which may include landscape maintenance, irrigation, tree care, and seasonal color programs. Our Proposal includes Scope of Work, Practical Specifications for Landscape Management and General Terms and Conditions. An effective landscape management program is sustainable and provides value. We are confident that your property would benefit greatly from our efforts to create beauty in the appearance of your landscape while our operational efficiencies create value to your budget. We hereby propose the following for your review: Exterior Landscape Manaeement Client's Service Initials Price Per Year Price Per Month Base Management Price $6,000.00 $500.00 Sales Tax Total Base Management Price $6,000.00 $500.00 Additional Services Client's Initials Category Service Frequencies Service Price Sales Tax Per Year Per Occurrence Total Price Per Year Total Billing for additional services will be invoiced upon installation. All States with logo (excluding DC, Mid -Atlantic & Florida) Rev. 02/11/09 Page 1 of 7 Exhibit A — Location & Compensation Schedule ValleyCrest Landscape Maintenance Facility Maintenance Locations (7/1/12 — 6/30/13) 1. Diamond Bar Center —1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park -2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park— 1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park -2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head 13. Mesa Trail at Sycamore Canyon Park Total Authorization: 2012/13 Contract Amount: $368,995 2012/13 Potential As -Needed Work 25,000 2012/13 FY Authorization $393,995 PARKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and ValleyCrest Landscape Maintenance ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide landscape maintenance services. B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Parks Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated July 1, 2007. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated May 4, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2013. This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Three Hundred Sixty -Two Thousand Nine Hundred Ninety -Five Dollars ($362,995) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Contractor: ValleyCrest Landscape Maintenance 8726 Calabash Road Fontana. CA 92335 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(les) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. Ail insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 14. Extension Option. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180 days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to. City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written a.TOMM "C ity'I ATTEST: . TommyetCribbins, City Clerk as to form:\ Jenkins, City AtArney "CONTRACTOR" By: Co G <H/ /ian� �neco,G! TITLE CITY OF DIAMOND BAR By: Ste ye, M yor State of California "CONTRACTOR'S" License No. 266211. CONTRACTOR'S Business Phone 9o9-3Y9-/RoZ Emergency Phone at which CONTRACTOR can be reached at any time. Exhibit C VALLEYCREST LANDSCAPE MAINTENANCE Facility Maintenance Locations (7/1/11 —6/30/13) 1. Diamond Bar Center —1600 S_ Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S 5. Maple Hill Park — 1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park — 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park —1425 Summitridge Drive 11. Sycamore Canyon Park -22930 Golden Springs Drive 12. Sycamore Canyon Trail & Trail Head 2011/12 Contract Amount: $362,995 2011/12 Potential As -Needed Work: 25,000 2011/12 Authorization: $387,995 2012/13 Contract Amount: $362,995 2012/13 Potential As -Needed Work 25.000 2012/13 FY Authorization $387,995 Diamond Bar Blvd. " Limited to amount approved in 2012/13 FY Adopted Budget. Agenda # 6.13 Meeting Date: July 17, 2012 CITY COUNCILAGENDA REPORT �ORfT)2\'C6v TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City TITLE: ADOPTION OF RESOLUTION Nq. 2012-XXOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2012-13 TO CANCEL CDBG FUNDING FOR THE ADA RETROFIT IMPROVEMENTS -LONGVIEW SOUTH MINI -PARK PROJECT AND REPROGRAM FUNDS TO THE CURB RAMP INSTALLATION PROJECT - VICINITY OF PEACEFUL HILLS AND GATEWAY CORPORATE CENTER 1:7xKi1 Tr IJi1=I►U7e\I[a]►A Adopt. BUDGET IMPLICATION: The CDBG Program does not impact the City's General Fund budget. BACKGROUND/DISCUSSION: On December 20, 2011, the City Council approved Fiscal Year (FY) 2012-13 Community Development Block Grant (CDBG) program funding in the amount of $398,638.00. On January 20, 2012, the Los Angeles County Community Development Commission (LACDC) subsequently provided the final CDBG allocation to the City at a reduced level in the amount of $373,555.00 The FY 2012-2013 CDBG allocations include funding for the construction of ADA park retrofit improvements at Longview South Mini -Park and ADA curb ramp installations at intersections located in the vicinity of Peaceful Hills and the vicinity of Gateway Corporate Center. Longview South Mini -Park is funded in the amount of $114,000.00 and the Curb Ramp Installation Project is funded in the amount of $ 72,477.00. The CDBG Program requires that the allocated project funds be used in an expeditious manner in order to meet the annual CDBG draw down goals. Construction of the ADA Retrofit Improvements -Longview South Mini -Park Project is scheduled for FY 2014-2015. Construction of the ADA curb ramps can be completed in FY 2012-2013 with the CDBG funds. The reprogramming of CDBG funds from the Longview South Mini -Park Project will increase the Curb Ramp Installation Project to $186,477.00 It is recommended that the City Council approve the amendment to the FY 2012-13 CDBG Program to cancel FY 2012-2013 CDBG funding for the ADA retrofit improvements at Longview South Mini -Park and to reprogram funds to the Curb Ramp Installation Project. City staff will execute the CDBG documents required for the cancellation of the CDBG allocation previously approved for the Longview South Mini -Park Project and to increase the funding level for the Curb Ramp Installation Project -Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center Project. PREPARED BY: low David Doyle Assistant City Manager Attachments: Resolution 2012 -XX Public Notice and Affidavit of Posting 2 RESOLUTION 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2012-13 TO CANCEL CDBG FUNDING FOR THE ADA RETROFIT IMPROVEMENTS - LONGVIEW SOUTH MINI -PARK PROJECT AND REPROGRAM FUNDS TO THE CURB RAMP INSTALLATION PROJECT -VICINITY OF PEACEFUL HILLS AND VICINITY OF GATEWAY CORPORATE CENTER WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, the City Council passed, approved and adopted Resolution 2011-52 on December 20, 2011 approving the CDBG funding allocation for the 2012-13 Program Year: and WHEREAS, the ADA Retrofit Improvements -Longview South Mini -Park Project was approved for funding in the amount of $114,000.00 and the Curb Ramp Installation Project -Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center was approved for funding in the amount of $72,477.00 based on the final CDBG allocation provided by the Los Angeles County Community Development Commission (LACDC) on January 20, 2012; and WHEREAS, the CDBG Program requires that allocated funds be used in an expeditious manner in order to meet the annual CDBG draw down goals; and WHEREAS, the ADA Retrofit Improvements -Longview South Mini -Park Project is planned for construction in FY 2014-2015 and the Curb Ramp Installation Project can be constructed in FY 2012-2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the CDBG Program shall be amended to cancel FY 2012-2013 CDBG funding for the ADA Retrofit Improvements -Longview South Mini -Park Project. Section 2. The $114,000.00 shall be reprogrammed to the Curb Ramp Installation Project -Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center for an increased budget totaling $186,477.00 for the FY 2012-13 CDBG Program. Section 3. That the City Manager or his designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the reprogramming of the CDBG allocation previously approved for the ADA Retrofit Improvements -Longview South Mini -Park Project to the Curb Ramp Installation Project -Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 17th day of July, 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- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of July, 2012, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California 2 '�DIADIONID BAP.iT CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 (909)839-7030 PUBLIC NOTICE AMENDMENT TO THE FISCAL YEAR 2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar is amending the federal Community Development Block Grant (CDBG) Program for Fiscal Year 2012-2013. In accordance with the U. S. Department of Housing and Urban Development (HUD) regulations, public notices are required if there is a proposed new project, substantial change, or project cancellation. The change to the FY 2012-2013 CDBG Program is as follows: City of Diamond Bar ADA Retrofit improvements – Longview South Mini -Park - Project Number 601475-12 FY 2012-2013 Funding Allocation: $114,000.00 Revised Funding Allocation: $ -0- CDBG project funding for the ADA Retrofit Improvements – Longview South Mini -Park – Project is being cancelled in order to re -allocate CDBG funds to the Curb Ramp Installation Project – Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center - Project Number 601481-12. City of Diamond Bar Curb Ramp Installation Project – Vicinity of Peaceful Hills and Vicinity of Gateway Corporate Center - Project Number 601481-12 FY 2012-2013 Funding Allocation: $72,477.00 Revised Funding Allocation: $ 186,477.00 This project will provide for ADA accessibility to existing sidewalks through the construction of curb ramps. The original allocation for the project is $72,477.00, Additional funding in the amount of $114,000.00 will be re -allocated from the ADA Retrofit Improvements – Longview South Mini -Park - Project Number 601475-12. Written comments regarding the amendment may be submitted to the Diamond Bar City Hall at 21810 Copley Drive, Diamond Bar, California, 91765 by July 17, 2011. For further details, contact David Doyle, Assistant City Manager, at (909) 839-7010. —W Poste une 12 CITY COUNCIL Agenda # Meeting Date,: July 17 2012 AGENDA REPORT TO: Honorable Mayor and Memb+GRFITI Council VIA: James DeStefano, City Man TITLE: EXTENSION OF CITY-WIDEMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL YETHE AMOUNT NOT TO EXCEED $59,280 RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included within the adopted Fiscal Year 2012-13 Budget. BACKGROUND/DISCUSSION: On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Section 13 of the specifications of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Since the original contract was awarded, the City Council has approved the annual extension of the contract. Graffiti Control Systems has requested to continue the flat rate structure of $4,940 per month regardless of the number of graffiti incidents each month. Staff is recommending that the contract be extended for FY 2012-13 in the amount not to exceed $59,280. This amount should be sufficient for required graffiti removal services, plus additional as -needed work requested by the Public Works Division, such as cleaning paint spills upon public streets. Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Letter of Agreement. 2. Graffiti Control Systems Letter. 3. Agreement with Graffiti Control Systems. Ling -Ling Chang Mayor Jack Tanaka Mayor Pro Tem Ron Everett Council Member Carol Herrera Council Member Steve Tye Council Member July 17, 2012 City of Diamond Bar 21810 Copley Drive . Diamond Bar, CA 91765-4178 Graffiti Control Systems 7260 Atoll Avenue North Hollywood, CA 91606 (909) 839-7000 • Fax (909) 861-3117 www.DiamondBarCA.gov Re: Graffiti Removal Contract This confirms your agreement with the City that in accordance with Section 31 of the specifications of our contract dated May 19, 1993, the City of Diamond Bar is interested in extending the Graffiti Removal Contract with Graffiti Control Systems from July 1, 2012, through June 30, 2013, for a flat rate fee of $4,940 per month. Total work for the fiscal year will be in an amount not to exceed $59,280. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $59,280 will be processed and forwarded to you. By signing below, the parties agree to the above terms. Ling -Ling Chang, Mayor City of Diamond Bar Attest: City Clerk Graffiti Control Systems Approved as to Form: City Attorney G K A F F I T I C0 NI TROL SYSTEMS May 2, 2012 Sincerely, Jeff Woods Stella Marquez General Manager 9 Nar1h HoOyw.ad Administrative Coordinator '- City of Diamond Bar Community Development Department CA 9741222 21810 Copley Drive NV #58452 Diamond Bar, CA 91765 wwwgraffificbnfmlxam Re: Contract Extension Dear Stella: Graffiti Control Systems is offering an extension to the City of Diamond Bar for the fiscal year, July 1, 2012 through June 30, 2013 at our current contract level of service and at the same monthly fixed rate of $4,940. Should you have any questions please give me a call. Thank you in advance. Sincerely, Jeff Woods 72do AI.II A,e,,e General Manager 9 Nar1h HoOyw.ad Coliform. 91605 818.503.8240 860.744.7384 CA 9741222 NV #58452 fox'.81 8.764.25 16 wwwgraffificbnfmlxam KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of California, hereinafter referred to as "City".. Bar, WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY• The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract betweer the parties. This contract is intended to require complete and finished work for each removal assignmqnt and anything necessary to complete the work-prioperly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar clays, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.' 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or. to undertake self insurance in accordance with the proviions of that Code, and I will comply with such provisions before co,6encing the performance of work of this contract." b. For.all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) ContracLOr's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to.be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with tLe operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with Lice provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City; not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the; provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than .one to five except a. Wien unemployment in the area of coverage b the joint aF-)renticeship committee has exceeded an ave^rage of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen_.- The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working rows set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said '-borer, workman, or mechanic is required or permitted to labor more than ht (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the wouk; or for injury or damage to any person or= property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, s contractors, or invitees provided for herein, whether or not there is c.:,,current passive -or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prcaecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT• City sha;l pay to the.Contractor for furnishing all material and doing the prescribeswork the unit prices set forth in the Price.Schedule in accordance with C)ntractor's Proposal dated March 5, 1593. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. Me IN WITNESS WHEREOF, the parties hereto have caused these presents to duly executed with all the formalities required by law on the respective hates set forth opposite their signatures. State of California GOp 6� Contractor's License No. U Date By: T' le 9 -11-U Title CITY OF DIAMOND BAR, CFORNIA .'ROVED AS TO By: - / Mayor City Atto y L By: IJ City Clerk Date Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which �01�` o�Z`c�`` Contractor can be reached at any timeC>_ > 1 o by 21 DIAMOND BAR CITY COUNCIL Agenda # Meeting Date. 6.15 July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 'g9� TITLE: APPROVAL OF CONTRACT WI H J.H. DOUGLAS &ASSOCIATES FOR A COST OF $24,905 PLUS A 20% CONTI GENCY OF $5,000 FOR A TOTAL COST NOT -TO - EXCEED $29,905 TO COMPLETE THE 2013 HOUSING ELEMENT UPDATE. RECOMMENDATION: Approve. FISCAL IMPACT: The funding is appropriated in the Fiscal Year 2012-13 budget. BACKGROUND / DISCUSSION: The Housing Element is one of the seven state -mandated elements of the General Plan. All cities and counties in California are required by state law to update their Housing Elements in accordance with update schedules set forth under State Law. Diamond Bar's Housing Element update for the 2008-2014 cycle was adopted by the City Council and certified by the California Department of Housing and Community Development (HCD) in 2011. All jurisdictions in the SCAG region must complete their next housing element update by October 2013. Staff is recommending that the City Council approve an agreement with J.H. Douglas & Associates (Douglas) to assist with the preparation of the 2013-2021 Housing Element Update. Housing Element update costs are budgeted in the FY2012-13 budget, and will include base costs of $24,905 plus a 20% contingency of $5,000 to be approved at the discretion of the City Manager, for a total cost not to exceed $29,905. Staff believes that the selection of Douglas would be the optimal choice for this task based on the following: Douglas prepared the current, 2008-2014 Housing Element Update, which received HCD certification and was completed under budget, even though the project was far more challenging than originally anticipated. Moreover, company principal John Douglas has prepared housing element updates for numerous Southern California jurisdictions, and thus has a great deal of 1 working experience with HCD staff, as well as the expertise to successfully navigate his clients through the HCD certification process. • Because the 2008-2014 Housing Element Update was completed relatively recently, it would be far more cost-effective to continue collaborating with Douglas than it would be to initiate collaboration with a new consultant that does not have the depth of knowledge and experience in dealing with the issues specific to Diamond Bar. Moreover, Douglas is also the City's consultant for implementation of the programs adopted under the current Housing Element Update, including the Affordable Housing Land Use and Zoning Designation Project. Maintaining stability in our consulting resources for all efforts related to the City's housing programs will sustain the inherent momentum and efficiencies moving forward. This is reflected in Douglas' proposed cost of $25,000 to complete the 2013-2021 update, compared to $43,400 for the previous update. • Mr. Douglas is an excellent communicator and writer, and his presentations to the Planning Commission, City Council and public have been very informative and effective in conveying complex information in a manner that is easy to understand. Prepared by: "__&fte Greg Gubman, AICP Community Development Director Attachments: 1. Professional Services Agreement with J. H. Douglas & Associates 2. J.H. Douglas & Associates Proposal dated June 21, 2012 2 ATTACHMENT 1 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 17 , 2012 by and between the City of Diamond Bar, a municipal corporation ("City") and J.H. Douglas & Associates, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", Consultants Proposal dated June 21, 2012. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated June 21, 2012. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect July 17 , 2012, and shall continue until December 31, 2012 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not to exceed twenty-four thousand nine hundred and five dollars (24,905) and may only be increased with the approval of the City Manager. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of JuIV 17 , 2012 by and between the City of Diamond Bar, a municipal corporation ("City") and J.H. Douglas & Associates, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", Consultants Proposal dated June 21, 2012. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated June 21, 2012. B. Level of Services[Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect July 17 , 2012, and shall continue until December 31, 2012 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not to exceed twenty-four thousand nine hundred and five dollars (24,905) and may only be increased with the approval of the City Manager. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 3 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar. CA 91765-4178 6. Status as Independent Contractor. Consultant: John Douglas, Principal J.H. Douglas&Associates 13142 Rosalind Drive Santa Ana, CA 92705 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. E 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. 3 C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in 4 performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 5 C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. % Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 9 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By: IN r VY•7 0.] IA di IQ 0 191 :T -Al V In Tommye Cribbins, City Clerk Ling -Ling Chang, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Submitted to: Greg Gubman, AICP Community Development Director City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91 765-41 78 Submitted by: A , M J.H. Douglas & Associates June 21, 2012 This page intentionally left blank 2013 Housing Element Table of Contents 1. Project Understanding and Approach................................................................. 3 2. Scope of Work and Schedule................................................................................ 5 3. Qualifications and References............................................................................. 13 4. Proposed Budget.................................................................................................... 17 J.H. DOUGLAS & ASSOCIATES + June 2012 ot2013 Housing Element Proposal This page intentionally left blank J.H. DOUGLAS & ASSOCIATES June 2012 "�i' a �IIII Iu91���1 �ll June 22, 2012 Greg Gubman, AICP Community Development Director City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765-4178 Dear Mr. Gubman, I appreciate the opportunity to submit this proposal to again assist you with the Diamond Bar Housing Element update. Based on my familiarity with your current circumstances I believe I can help you prepare the required 2013 update in a very efficient and timely manner. The 2008 Housing Element update was a very challenging process and the required zone change and EIR process continue to require a substantial investment of City resources. However, based on SCAG's draft RHNA the City should be in an excellent position for the 2013 update since the zone change that is currently underway will also satisfy the adequate sites requirement for the new planning period. I hope that you find the attached proposal responsive to your needs. If you have any questions please give me a call at 714-628-0464. Yours truly, n Douglas, AICP Principal 13142 ROSALIND DRIVE, SANTA ANA, CA 92705 TEc 714.628.0464 FAX: 714.628.0330 E-MAIL JOHN (JHDPrANNiNG.NET 2013 Housing Element This page intentionally left blank J.H. DOUGLAS & ASSOCIATES -2- June 2012 2013 Housing Element Under state law, all jurisdictions in the Southern California Association of Governments (SCAG) region must complete their next housing element update by October 2013. The new Housing Element will cover the projection period January 1, 2014 through October 1, 2021. The draft Regional Housing Needs Assessment (RHNA) allocation for Diamond Bar is 1,146 units, with 490 units in the very -low- and low-income categories. This draft allocation is subject to public review, appeals, and final approval by SCAG's Regional Council, anticipated in Fall 2012. Demonstrating adequate capacity to accommodate the RHNA allocation to the satisfaction of the state Department of Housing and Community Development is typically the most challenging aspect of a Housing Element update. While SCAG's new draft RHNA is slightly higher than the previous RHNA, the Tres Hermanos rezoning program currently underway is intended to create sufficient capacity to accommodate 490 high-density units so that no additional zone changes will be necessary in the 2013-2021 period. The new Housing Element will also evaluate the City's progress during the previous period and identify any new programs or refinements to existing programs that may be needed to address changing circumstances. Our experience preparing Housing Elements and working with HCD in Diamond Bar and many other jurisdictions makes us particularly well qualified for this assignment. The following section provides a detailed description of the tasks we propose to carry out as part of the project. J.H. DOUGLAS & ASSOCIATES -3- June 2012 2013 Housing Element This page intentionally left blank J.H. DOUGLAS & ASSOCIATES -4- June 2012 IIIA)IIISII IIAi: 2013 Housinq Element The following section outlines the specific tasks, deliverables and schedule we propose for the 2013 Housing Element update. Other optional tasks can also be provided if desired. Task 1 The first task will be to identify roles and responsibilities and data Project Initiation needs, and finalize the work program and schedule. We will provide the City with a matrix of data requirements and the respective responsibilities of the City and the consultant. Products 1 meeting with City staff + Revised work program and schedule (if necessary) + Matrix of data requirements and responsibilities Task 2 Task 2 entails the research, analysis, writing and production of the 2013 Housing new 2013 Housing Element document for review by City staff, Element decision -makers, the public, and State HCD. The ultimate goal is the adoption of a Housing Element that achieves the City's policy Preparation objectives while also receiving HCD certification. The 2013 element will include a complete update of all sections as necessary in order to reflect the City's accomplishments since the previous element was prepared, new demographic and housing data, any recent changes in policies and regulations, an updated RHNA analysis, and new or revised implementation programs. 2.1 Administrative An Administrative Draft Housing Element will be prepared to reflect Draft Housing current conditions, goals, policies, quantified objectives, and Element implementation programs describing the City's housing strategy for the 2013-2021 planning period. Policies and programs will be updated based on lessons learned during the previous planning period and where appropriate, refinements will be recommended. The draft Housing Element will include all of the items required by state law, as described below. It is assumed that the document format will be similar to the previous Housing Element. Evaluation of the Previous Housing Element. This task involves the review and evaluation of the previous Housing Element, including appropriateness of goals and policies, the effectiveness of programs, and the City's progress in meeting quantified objectives. Since much of the information needed for this evaluation is contained in City records, it is assumed that City staff will provide the required information regarding program accomplishments in the previous planning period. Needs Assessment. A fundamental component of the Housing Element is an identification of the community's needs. Data sources to be utilized include the U.S. Census, state Department of Finance population and housing trends, state Employment Development Department job statistics and forecasts, the County's most recent J.H. DOUGLAS & ASSOCIATES -5- June 2012 11911 1W 2013 Housing Element Proposal available Point -in -Time homeless survey, and real estate market data. The Regional Housing Needs Assessment prepared by SCAG will identify growth needs for the new planning period. The needs assessment will include all of the items required by California Government Code §65583(a) and Department of Housing and Community Development "Building Blocks" guidelines, The budget assumes that City staff will assist in identifying the current inventory of assisted housing projects (if any) and their eligibility to convert to market rate. If it is determined that there are units "at risk", the required analysis will be conducted. It is expected that adequate information regarding the number of housing units in need of rehabilitation or replacement can be obtained from the observations and professional judgment of Code Enforcement, Planning and Building Department staff rather than a new field survey. HCD generally does not require a new field survey of housing conditions. However, if it is determined that field work is necessary, it can be completed as an optional task, or we can provide guidance to City staff in conducting the survey. Resources and Opportunities. The analysis of resources and opportunities will focus on the following topics. + Land inventory/site analysis and an evaluation of the relationship of zoning and public facilities to serve these sites. + Financial and administrative resources, including federal, state and local housing assistance programs. * Analysis of opportunities for energy conservation. It is expected that SCAG's Regional Council will adopt the new RHNA allocations by October 2012. As discussed in the previous section, the draft RHNA allocation for Diamond Bar for the 2013-2021 planning period is 1,146 units, and it is assumed that the Tres Hermanos zone change will provide adequate capacity to satisfy both the previous (2008) and the new 2013 RHNA requirements for lower-income housing sites. It is assumed that City staff will assist in identifying any changes to the inventory of parcels with the potential for housing development as well as specific site information needed to prepare the land inventory (e.g., parcel ID numbers, parcel size, General Plan/zoning designations, entitlement status, and information regarding development interest and timing). If appropriate, this section of the Housing Element may also examine the potential for satisfying a portion of the RHNA through committed assistance for the rehabilitation, conservation or conversion of existing affordable units under the "Alternate Sites" provisions of state law (Government Code §65583.1.c). Constraints. The constraints analysis will include the following issues: Governmental constraints, including land use plans and regulations, zoning districts, development standards, improvement requirements, fees, and processing procedures will be analyzed. The budget assumes that City J.H. DOUGLAS & ASSOCIATES -6- June 2012 2013 Housing Element Proposal staff will assist in this process by identifying any changes to plans, regulations, procedures, standards, fees, and other potential governmental constraints that have occurred since the previous Housing Element was prepared. Non-governmental constraints will be evaluated, including land and construction cost, financing cost and availability, environmental conditions (e.g., flood hazards, geotechnical problems, sensitive biological habitat) and infrastructure (particularly water and wastewater treatment capacity). It is assumed that the City's Public Works/Engineering staff will provide the information needed to assess infrastructure capacity constraints. Housing Plan. The analysis of needs, resources, opportunities and constraints, together with the evaluation of the previous Housing Element, will provide guidance in identifying areas where policies and programs should be refined to better accomplish the City's objectives or address changes in state law. We will work with staff and decision -makers to identify policy options and refine the goals, policies, and programs as necessary. The experience of City staff who are involved in program implementation will be especially valuable in this regard Products + Administrative Draft Housing Element document (2 hard copies + electronic file) (Note: If desired, additional copies of documents can be provided on a time -and -materials basis) 2.2 Public Review A Public Review Draft Element will then be prepared incorporating Draft Housing staff comments. One round of review is assumed. It is anticipated Element that the Public Review Draft Element will be made available to the public and submitted to HCD for review. Products + Public Review Draft Housing Element (1 master copy+ electronic file) 2.3 Proposed Final The ultimate goal of the Housing Element update process is to Housing adopt and implement an element that meets City objectives while Element also receiving a finding of substantial compliance ("certification") by HCD. Certification of the Housing Element is important for several reasons - to maintain eligibility for grant funds, to ensure a legally adequate General Plan, to maintain local control of the land use planning process, to avoid a RHNA carryover to the next planning period, and to avoid a 4 -year update schedule under SB 375. After receipt of HCD's comments on the Public Review Draft Housing Element, we will work with staff to revise the element as necessary to address the state's concerns. We will prepare a summary matrix following the points raised in HCD's review letter along with a tracked version of the revised draft element so that all J.H. DOUGLAS & ASSOCIATES -7- June 2012 2013 Housina Element parties can easily see how the City has addressed HCD's comments. Based on our experience preparing certified elements in many other jurisdictions throughout California, we anticipate that HCD approval will be received in not more than two official submittals. Our strategy is to schedule a conference call with HCD's reviewer midway through the 60 -day review period to allow refinements prior to receiving HCD's review letter. Products + Review and analysis of HCD comments + Meetings/conference calls to review HCD comments with City and HCD staff + Matrix summarizing HCD comments and proposed changes to the Draft Housing Element (electronic file) + Preparation of a Revised Draft Housing Element for consideration by decision -makers (1 master copy + electronic file) + Development of the web -based indexing system to enhance accessibility of the element 2.4 Final Housing Following acceptance of the revised draft element by HCD, public Element hearings will be held by the Planning Commission and City Council for final adoption. We will make any additional revisions to the document to address Planning Commission comments prior to consideration by the City Council. Further refinements, if necessary, will be made to respond to City Council direction. The adopted element will then be submitted to HCD for final certification. Products + Planning Commission: Proposed Final Housing Element document (electronic file) + City Council: Final Housing Element document (electronic file) Task 3 State Housing Element law' requires a diligent effort to involve Public interested persons and organizations representing all economic Participation segments of the community in the preparation of Housing Elements. The budget assumes that the public involvement process will include one public workshop plus one public hearing each with the Planning Commission and City Council. We will assist City staff in compiling a public notification list of interested parties and preparing public notices. We will also assist the City in preparing staff reports and will give a presentation at each meeting. Additional public information materials (e.g., flyers, FAQs, press releases) or meeting attendance can be provided on a time -and -materials basis if desired. Cal. Govt. Code §65583(C)(6) J.H. DOUGLAS & ASSOCIATES 8- June 2012 2013 Housing Element Our objectives are to satisfy all legal requirements for public involvement, ensure that City decision -makers have the benefit of an inclusive and transparent civic participation process in the development of City housing policy, and that interested parties can see how their input has been incorporated into the final Housing Element. If additional meetings are desired, they can be added to the scope as optional tasks on a time -and -materials. basis. Products + Assist staff in preparing a notification list and public notices + Attend and give presentations at 3 public meetings and assist with preparation of staff reports Task 4 The appropriate type of environmental review for a Housing CEQA Compliance Element update is determined primarily by the policies and programs contained in the Housing Plan. While an Initial Study/Negative Declaration is the appropriate CEQA documentation for many Housing Element updates, programs committing the City to land use or zoning changes could raise potential impacts requiring preparation of an EIR. The decision regarding the appropriate CEQA documentation will be made by the City as Lead Agency. For budgeting purposes, it is assumed that an Initial Study/Negative Declaration will be appropriate and that no analysis of changes to land use regulations will be required. The budget assumes that the City will distribute the Public Review IS/ND to the State Clearinghouse, Responsible Agencies, and other interested parties. After the close of the comment period we will prepare draft responses to comments for City review. Final responses to comments, revisions to the IS/ND (if necessary), and/or a mitigation monitoring program (if necessary) will then be prepared incorporating staff comments for consideration by decision -makers. We assume that no separate meetings will be necessary for the CEQA document, and that consideration of the IS/ND will be handled as part of the Housing Element review and adoption hearings. The budget assumes that the City will be responsible for printing copies, distributing documents, and filing the IS/ND and Notice of Determination with the appropriate agencies. Products Preliminary Draft Initial Study/Negative Declaration (electronic file) + Public Review Draft IS/ND (electronic file) + Preliminary Responses to Comments (electronic file) + Final Responses to Comments (electronic file) + Final Adopted IS/ND (electronic file) J.H. DOUGLAS & ASSOCIATES -9- June 2012 IIIAMIND IIID 2013 Housinq Element Task 5 Our approach to project management is to anticipate the City's Project needs and take personal responsibility for the final success of the project. We maintain regular contact with City staff, and make Management ourselves available in whatever capacity is desired by the City. While we expect that most communications will occur via telephone and e-mail, we are available to attend on-site working meetings with staff at critical stages of the project if necessary. We believe our gray hairs and "battle scars" have provided us with a deep appreciation for the political sensitivities of the planning process, which helps us anticipate problems and avoid unpleasant surprises. We take pride in the high level of service we provide, and encourage the City to contact our previous clients for reference. Products + Regular coordination with City staff via telephone or e-mail • On-site working meetings, as necessary J.H. DOUGLAS & ASSOCIATES -10- June 2012 IILUIII%II 11,111 2013 Housing Element Schedule The following proposed timeline identifies anticipated milestones for the major components of the Housing Element update. Obtaining state HCD approval generally requires a significant portion of the overall schedule, which is affected by the specific issues raised during the review process. Recent experience has shown that most jurisdictions require at least two rounds of HCD review prior to obtaining draft certification. Our typical approach has been to work informally with HCD staff during the 60 -day review period to address concerns prior to issuance of their review letter. At the project outset we will review the schedule with City staff and make refinements as appropriate. J.H. DOUGLAS & ASSOCIATES -11- June 2012 We believe the keys to schedule (and budget) control are 1) a clear understanding of issues, 2) close coordination between the consultant and City staff, and 3) an experienced consulting team. Mr. Douglas has managed numerous Housing Element projects and is committed to providing the City with excellent service. August 2012 Project initiation and kickoff meeting October 2012 Administrative Draft Housing Element to staff for review Nov. -December 2012 Staff review of Administrative Draft Housing Element & preparation of Public Review Draft Housing Element January 2012 Release Public Review Draft 2013 Housing Element Public workshop to review Draft Housing Element February 2013 Submit Draft Housing Element to HCD (60 -day review) April 2013 HCD comments on Draft Housing Element May 2013 Prepare responses to HCD comments and submit Revised Draft Housing Element to HCD July 2013 HCD comments on Revised Draft Housing Element ("Draft In Compliance" letter) August -Sept. 2013 Planning Commission & City Council adoption hearings; submit adopted element to HCD October 2013 HCD final certification J.H. DOUGLAS & ASSOCIATES -11- June 2012 Ili:f!IIISiI lIAI: 2013 Housinq Element This page intentionally left blank. J.H. DOUGLAS & ASSOCIATES -12- June 2012 2015 Housing Element Proposal J.H. Douglas & Associates is an urban and environmental planning consulting firm formed in 1998. Founding principal John Douglas, AICP brings over 35 years of diverse planning experience to the firm, which has given him a broad understanding of land use planning and analysis, environmental planning and CEQA documentation, housing policy and implementation, demographic and market analysis, entitlement processing, public participation and conflict resolution. During the last Housing Element cycle our team assisted over 30 jurisdictions throughout California with their updates. Mr. Douglas is also a certified mediator with a background in helping to find solutions to difficult land use and public policy issues. He holds a Certificate in Conflict Management and Alternative Dispute Resolution from the University of California, Irvine and is a lecturer in the Graduate Program in Urban and Regional Planning at UCI where he has taught seminars in housing and collaborative planning. Two key principles guide our approach to all our planning projects. First, we are a small firm with only seasoned professionals. There are no junior planners -in -training here. Because we have worked as senior staff on "both sides of the counter," we understand the needs of our clients and don't spin our wheels. We have excellent communication skills and we do quality work the first time, without the need for extensive revisions. Second, we approach each Housing Element update as a team effort - while we have special expertise in preparing Housing Elements, we also recognize that the City's staff, officials and community stakeholders have a thorough understanding of local conditions, information sources, and priorities that are essential to a successful project. In the kickoff meeting we will exchange information about the City's important issues and how the Housing Element can best meet the City's objectives while also satisfying legal requirements Obtaining state certification of the Housing Element can be a challenging task, and we are especially well-qualified to help cities in this regard. During the past three decades Mr. Douglas has worked with management and senior staff at state HCD as both a local government planner and consultant to resolve Housing Element issues and help cities and counties obtain certification. His long experience and relationships with HCD staff enable him to identify workable solutions to issues raised during the review process. Since the passage of AB 2348 in 2004, the sites inventory analysis has been the most challenging aspect of obtaining HCD certification. Housing Elements have become an exercise in land use planning, and our broad experience with general J.H. DOUGLAS & ASSOCIATES -13- June 2012 «. 2013 Housing Element Proposal plans, specific plans, zoning regulations and entitlement processing has been especially valuable in preparing a sites inventory that meets HCD requirements. Local control of land use is of paramount importance to city elected officials, and the state's role in certifying housing elements can be very difficult for decision -makers to accept. Our knowledge of housing issues, clear presentation style, and background in consensus building strategies can help overcome these obstacles and achieve successful solutions. Mr. Douglas will serve as Principal -in -Charge and Project Manager for the Housing Element update, will oversee preparation of all Housing Element documents, and will be responsible for cost, schedule and quality control. He will be the day-to-day contact with City staff and make presentations at public workshops and hearings. Client References We have an extraordinary depth of experience preparing Housing Elements in a wide variety of communities. We John, thank you so much encourage City staff to contact these recent Housing Element for all of your efforts with clients for references. regard to our Housing Element. I know how well City of Hermosa Beach you and Randy worked Pam Townsend, AICP, Senior Planner together to prepare the 310-318-0240 ptownsend@hermosabch ora document and all of the issues you faced along the City of Moorpark way. In the end, you put Dave Bobardt, Community Development Director together a good 805-517-6281 dbobardt@ci,moorpark,ca.us document which will guide us with our efforts for the City of San Jacinto next 5 years. Your Asher Hartel, AICP, Planning Director presentation to the City 951-487-7327 AHartel@saniacintoca.us Council was exceptional. It was succinct, told a story, City of Yucaipa and hit on the major John McMains, Community Development Director points. (909) 797-2489 x231 imcmains@Yucailpo.org Bob Burrow, ACP City of Malibu Community Dev. Director Joyce Parker-Bozylinski, AICP, Planning Director City of Camarillo 310-456-2489 x265 JPcrker-Bozylirski@malibucity.org City of Culver City Sol Blumenfeld, Community Development Director 310-253-5700 sol.blumenfeld@culvercity org Susan Yon, Senior Planner 310-253-5755 susan.vun@culvercity org J.H. DOUGLAS & ASSOCIATES -14- June 2012 W2013 Housina Element RESUME John H. Douglas, AICP Principal Qualifications Mr. Douglas has over 35 years experience in the planning field, including 15 years of management -level positions in city and county planning agencies. John manages the firm's practice in general plans, housing elements, CEQA/NEPA analysis, demographic analysis, public outreach programs and conflict resolution. John's previous consulting experience includes Principal of Conexus, Director of Planning for Civic Solutions, Inc. and senior consultant with The Planning Center. From 1991-1998 John served as Principal Planner for the City of Newport Beach where his duties included advance planning, economic development, annexations, CDBG administration, managing the entitlement and CEQA review process, and coordination with the California Coastal Commission on permitting issues. From 1981-1991 he was employed at the Orange County Environmental Management Agency where he supervised staff in the areas of advance planning, demographic forecasting, housing, CEQA compliance and entitlement processing. From 1977-1981 he was a housing market analyst for a private consulting firm. His planning experience began in 1974 with the City of Fresno. Highlights of John's extensive background in local government has given him a broad Experience understanding of the practical aspects of planning. He has managed numerous General Plan projects, Housing Elements, zoning code amendments, EIRs, and entitlement processes for both private and public projects. His special areas of expertise are housing, CEQA compliance, and public policy consensus building strategies. He holds a certificate in Conflict Management from the University of California, Irvine and is a state -certified mediator with considerable experience working with groups and committees to find common ground on complex and controversial issues. He has taught courses on Housing Elements and Collaborative Planning in the graduate program in Urban and Regional Planning at the University of California, Irvine and has been a frequent speaker at professional conferences and universities. Education + B.A., University of California, Los Angeles, Geography, 1974 + Graduate Studies, San Diego State University, City Planning, 1976-78 + Certificate in Alternative Dispute Resolution, UCI, 2000 Professional + Lecturer, Graduate Program in Urban & Regional Planning, University of Affiliations California, Irvine + American Institute of Certified Planners + Charter Member, American Planning Association J.H. DOUGLAS & ASSOCIATES -15- June 2012 2013 Housing Element Proposal This page intentionally left blank. J.H. DOUGLAS & ASSOCIATES -16- June 2012 0 2013 Housina Element Our proposed budget for the Housing Element update is provided below. Additional tasks can be provided on a time -and -materials basis. Reimbursable expenses are billed at actual cost with no surcharge. No mileage or travel expenses will be charged. Travel time to/from meetings is included in the budget for each meeting. We recommend that a 10% contingency fund be included in the contract, and that the contract specify that budget funds may be transferred between tasks, as determined appropriate by the City's Project Manager. Our current schedule of rates is provided in the proposed budget table below. Task Description JD WP - Total Hours Cost 1.0 Project Initiation 8 $200 8 $1,000 2.0 Housing Element Preparation 2.1 Admin. Draft Housing Element 80 5 85 $10,325 2.2 Public Review Draft Housing Element 14 14 $1,750 2.3 Proposed Final Housing Element 20 $2,500 2.4 Final Housing Element 8 1 $1,065 3.0 Public Participation -Community meeting 1 12 12 $1,500 -PC and CC meetings 1 each 24 24 $3,000 4.0 CEQA documentation 24 1 25 $3,065 5.0Pro'ect Management 4 4 $500 Total Labor 194 7 201 $24,705 Hourly Rate 1 $125 $65 >ee table Total - L JD = John Douglas, AICP, Project Manager WP = Word Processing/graphics tech Estimated; Reimbursable Expenses Travel/mileage No charge Printing/graphics/supplies $100 Postageldeliveries $100 Total $200 J.H. DOUGLAS & ASSOCIATES -17- June 2012 III,VIIIRU Rall 2013 Housinq Element This page intentionally left blank J.H. DOUGLAS & ASSOCIATES -18- June 2012 CITY COUNCIL Agenda # 6.16 Meeting Date: July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE FREEWAY AGREEME T WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CONSTRUCTION OF A NEW WESTBOUND ON-RAMP AT GRAND AVENUE AND STATE ROUTE 60 RECOMMENDATION: Approve. FISCAL IMPACT: There is no fiscal impact. BACKGROUND/DISCUSSION: On September 20, 1967, a Freeway Agreement was executed between the State and the County of Los Angeles. Limits of the original agreement were then extended through a second Freeway Agreement dated March 11, 1968 to encompass the freeway system within the City of Diamond Bar. A revised plan has been developed for the construction of a dedicated Westbound On -Ramp from Grand Avenue to the SR -60 Freeway (See attached exhibit). Currently, an existing Westbound SR -60 On -Ramp exists for vehicles traveling northbound on Grand Avenue. The addition of this new ramp will allow vehicles traveling southbound on Grand Avenue to have direct right turn access onto the SR -60 freeway. This will also result in an improvement to the traffic flow for northbound vehicles on Grand Avenue accessing the existing ramp. Total project cost is estimated at $16.5 Million. Metro Call for Projects funds were acquired in the amount of $8.7 Million and the City of Industry will be funding the balance of funds in the amount of $7.8 Million. Caltrans is the Lead Agency for the project under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Based on the findings of the technical reports and engineering reports, the final Environmental Document was approved in April 2011. This agreement will supersede the prior freeway agreements and provide for the updated plan for the SR -60 Freeway On -Ramp while also specifying the obligation of the City to accept control and maintenance of City streets that are relocated or reconstructed as part of the project. Specifically, a portion of Old Brea Canyon Road will be reconstructed and will become part of the City's responsibility. However, there will be no net increase to the City's roadway inventory as a result of this project. Based on the project schedule, design is expected to be completed by 2012, while construction will occur between 2013 and 2014. Any obligations of the City with respect to the construction of the freeway project will be dealt with in a separate Cooperative Agreement. PREPARED BY: Rick Yee, Senior Civil Engineer REVIEWE l fi a. i Liu, P. E. Director of Public Works ATTACHMENTS: SR -60 Freeway On Ramp Exhibit Resolution Freeway Agreement -2- DATE PREPARED: July 11, 2012 0- E E co C 0 m N N L- U - 0 U- O l0 N C O O O 0 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SR -60 WESTBOUND ON RAMP FREEWAY AGREEMENT A. RECITALS WHEREAS, a freeway agreement was executed between the State and the County of Los Angeles on September 20, 1967; WHEREAS, the limits of the 1967 original agreement were extended through a second freeway agreement dated March 11, 1968 to encompass the freeway system within the City of Diamond Bar; WHEREAS, a revised plan has been developed for the construction of a dedicated Westbound SR -60 On Ramp from Grand Avenue to the SR -60 Freeway; WHEREAS, the subject agreement will supersede the prior freeway agreements and provide for the updated plan for the SR -60 Freeway On -Ramp and specify the obligation of the City to accept control and maintenance of City streets that are relocated or reconstructed as part of the project. B. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby finds the freeway on ramp improvements to be beneficial for providing improved traffic circulation on City arterials and efficient access to the freeway system; SECTION 2. The City Council of the City of Diamond Bar does hereby authorize and direct the City Manager to execute said freeway agreement. PASSED, APPROVED AND ADOPTED this _ day of 2012. Ling -Ling Chang, Mayor I, TOMMYE 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 day of , 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 07 -LA -60 R23. 7.0/R27.5 Between 0.8 miles west of Grand Avenue and Pomona city limit FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of 20 , by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "STATE"), and the CITY OF DIAMOND BAR (herein referred to as "CITY"), WITNESSETH: WHEREAS, the California Highway Commission on June 21, 1955 passed a resolution declaring that portion of Routes 57 and 60 in the City of Pomona and the County of Los Angeles between the Orange County Line and 9d' Street in Pomona to be a freeway; and WHEREAS, the California Highway Commission on June 23, 1960 passed a resolution declaring that portion of Route 60 in the City of Pomona and the Counties of Los Angeles and San Bernardino between Brea Canyon Road and Route 71 robe a freeway; and WHEREAS, the STATE and COUNTY have entered into a Freeway Agreement dated September 20, 1967, relating to that portion of State Highway Route from 0.5 mile east of Diamond Bar Boulevard to the Pomona city limit; and WHEREAS, the STATE and COUNTY have entered into a Freeway Agreement dated March 11, 1968, relating to that portion of State Highway Route from 0.4 mile west of Old Brea Canyon Road to 0.5 mile east of Diamond Bar Boulevard; and WHEREAS, CITY has subsequently incorporated and included certain areas including portions of such freeway covered by said Freeway Agreement dated September 20, 1967 with the COUNTY; and WHEREAS, CITY has subsequently incorporated and included certain areas including portions of such freeway covered by said Freeway Agreement dated March 11, 1968 with the COUNTY; and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: L This Agreement supersedes in its entirety said Freeway Agreement, dated September 20, 1967, from 0.5 Miles east of Diamond Bar Boulevard to Pomona city limit. 2. This Agreement supersedes that portion of said Freeway Agreement, dated March 11, 1968, between 0.7 miles east of Old Brea Canyon Road to 0.5 miles east of Diamond Bar Boulevard. CITY agrees and consents to the closing of all CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on the plan map attached hereto marked Exhibit A and made a part hereof by this reference. 4. The obligations of STATE and CITY with respect to the funding and construction of the freeway project will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. The parties responsible for the construction of the freeway shall make any changes affecting CITY streets only in accordance with the plan map attached hereto, marked Exhibit A. 5. The obligations of STATE and CITY with respect to the acquisition of the rights of way required for the construction, reconstruction, or alteration of the freeway and CITY streets, frontage roads, and other local roads will always be dealt with in separate Cooperative Agreement(s) between the parties, and any amendments thereto, or Encroachment Permits issued to CITY. 6. It is understood between the parties that the rights of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE and CITY hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, any frontage roads, and other local roads constructed as part of the project, on receipt of written confirmation that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. If acquired by STATE, CITY will accept title to the portions of such roads lying outside the freeway limits upon relinquishment by STATE. 8. This Agreement maybe modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation Malcolm Dougherty, Acting Director Department of Transportation By Terry L. Abbott Chief Design Engineer APPROVED AS TO FORM: Attorney (State) THE CITY OF DIAMOND BAR By City Manager APPROVED AS TO FORM: MIKE JENKINS City Attorney 25100-F,Agcrem ,Dgc 4/12/2013 2_24:89 PM Gr �J✓ � I/ EXHIBIT A A oe`j i KNc a OJT A", Q0 ` O O. i PµE0.MR / 0. I CITCORq Y OF.INOflY CI1Y LIMB _ .._.. ___.. _1151'- _.. _.—._- All / CITY OF INDUSTRY e �o / � 0W O e��S� 4oa`yfa yl� � �❑ �p<NEaN� pQ LIMIT OF AGREEMENT � � �'os( g,<% i <rc ROUTE 60 PM R23.7 8 % P O oe VVV r..... _ \ owl TJ t CITY OF POMONA \ iINTE GPAIDEFMODIFICATION HERS I �� LIMIT OF AGREEMENT BfPN>aoN _ LEGEND ROUTE 60 PM R27.5 ,( SPRINGS Oa� O��^��^ l/ \ FREEWAY a Ey v14P a cOPLEl oa WORD1 To 9E CoaSTPUCTEB CITY OF DIAMOND BAR F6 pLC —�� RECONSTRUCTPED AND BELOtATEO O a� Oa1ac.E cn7E as CITY OF DIAMOND BAR �.f� - INTEPCXArvGE SEPARATIDN STATE OF CALIFORNIA cGRIATNESSANSTUCTON S CERY DEPARTMENT OF TRANSPORTATION 07 -LA -60 PM R23.7/ R27.5 N lN6L 2Co. 3CCO 4000 F R E E W A Y F=E' GALE IN THE CITY OF DIAMOND BAR ON ROUTE 60 FROM 0.6 MILES WEST OF GRAND AVENUE TO THE EAST CITY LIMIT 0.9 MILES EAST OF GOLDEN SPRINGS DRIVE IN LOS ANGELES CO. PM P23.7/P27.5 25100-F,Agcrem ,Dgc 4/12/2013 2_24:89 PM CITY COUNCIL Agenda # 6.17 Meeting Date: July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: Award a Three Year Contract to S, C 3 Consulting to administer the City's Home Improvement Program (HI ) for an amount not to exceed $20,000 for FY 2012-13. RECOMMENDATION: Approve FINANCIAL IMPACT: The FY 2012-13 CDBG Program Budget includes $150,000 allocated to the City's Home Improvement Program. Per CDBG guidelines, the maximum amount that can be spent on administrative costs is 20% of the HIP program budget ($30,000). The proposal from the consultant is to perform the services for $20,000. However, depending on the number of clients served and the actual amount of funds expended, City staff may, at some point during the fiscal year, return to Council and request authorization to increase this contract by an additional $10,000. If a request is made to increase authorization by another $10,00, the total contract cost would still be within the allowed 20% program administration costs and would not impact the City's General Fund. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. In addition, emergency grants of up to $2,000 are available on an as needed basis. DISCUSSION SJC3 has been providing consultant services for the City's Home Improvement Program for the past three years. Per CDBG requirements, the City must solicit proposals every three years for these services. This year the City solicited proposals from several vendors that have experience performing similar services in other communities. Despite mailing Request for Proposals directly to these vendors and a three week period for response, the City only received a proposal from SJC3 Consulting Services. The Los Angeles County Community Development Commission (LACDC), the administrator of the County CDBG program, advised the City to extend the deadline for proposal submission and to solicit proposals from additional firms. The City extended the deadline, contacted the agencies that failed to respond to the first request, and outreached to additional firms. The City received written correspondence and verbal responses from several firms stating they were not interested in submitting a proposal. The City then requested approval from LACDC to award the contract to the sole respondent. After 4 weeks, the CDC approved the City's request to award the contract to SJC3 Consulting. The attached contract is for a not -to exceed amount of $20,000 for FY 2012-13. The contract allows for two additional one-year extensions. The value of those extensions will not exceed 20% of the City's HIP program budget for the year the contract is effective. PREPARED BY: r, David Doi ity Manager Attachment: AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES This Agreement is made and entered into this 17th day of July 2012 by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and SJC 3 Consulting (hereinafter referred to as "CONSULTANT"). 1. DESCRIPTION OF WORK CONSULTANT shall provide housing rehabilitation consultant services for CITY'S Home Improvement Program. The specific services to be provided shall be set forth in Exhibit "A" CONSULTANT Proposal, which is attached hereto and made a part hereof. 2. TIME OF PERFORMANCE This Agreement shall commence as of July 17, 2012 and shall remain in full force and effect until June 30, 2013. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twenty-four (24) months until June 30, 2015. 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $ 20,000 in Community Development Block Grant (CDBG) funds for the services performed for FY 2012-13 All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. TERMINATION OF AGREEMENT This Agreement can be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84,53) 6. COMPLIANCE WITH FEDERAL REGULATIONS This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following: Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 7. INTEREST OF MEMEBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. 8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. 9. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed. 10. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT. 11. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign or transfer any interest in the Agreement without the prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this Agreement may not be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 12. INDEMNIFICATION CONSULTANT shall defend, indemnify and save harmless the CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 13. INSURANCE A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. E All Insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 14. SEVERABILITY In the event that any covenant, condition or other 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 covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope of breadth permitted by law. 15. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 16. AMENDMENTS This writing, with attachments expressly referenced and incorporated herein, embodies the whole of the Agreement of the parties hereto. Except as herein provided, addition to or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment of this Agreement formally approved and executed by both parties. 17. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 18. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager, The CITY will monitor and evaluate the CONSULTANT in the performance of this Agreement. 19. CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. 20. REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 21. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 22. LOBBYING CERTIFICATION A. Federal Requirements The CONSULTANT CERTIFIES THAT: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. B. County of Los Angeles Requirement The CONSULTANT certifies that: (1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; (2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; (3) That any person/entity/firm who seeks a contract with Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code, 23. 24. NOTICES Notices, herein shall be presented in person or by U. S. Mail, as follows: CITY: James Destefano City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 COMPLIANCE WITH LAWS CONSULTANT: SJC 3 Consulting Attn: Regina Collins 6320 Canoga Avenue, Suite 1500 Woodland Hills, CA 91367 All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations and directives as they pertain to the performance of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST. CITY OF DIAMOND BAR By: By: Tommye A. Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: James DeStefano, City Manager CONSULTING, May 10, 2012 Mr. David Doyle, Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Doyle: el INC. CITY M1,r sf. �'. s pst'1L CITY f „ SJC 3 Consulting, Inc is pleased to submit this proposal to provide CDBG Home Improvement Program Administration. SJC 3 Consulting Inc. has extensive hands-on experience working with federally funded programs. Our knowledge and dedication to the communities we serve allows us to successfully meet the CDBG program goals and objectives. If you have any questions regarding this proposal, please feel free to contact me. We look forward to the opportunity to continue working with staff and assisting the City of Diamond Bar with its program. Sincerely, Re ina Collins Principal 21900 Burbank Boulevard 31d Floor I Woodland Hills, CA 91367 1 (310) 569-3537 1 wwww.sic3consuiting.com Introduction............................................................................................. 2 KeyStaff..................................................................................................3 Approach to Accomplish Scope of Work...................................................3 Description of Tasks.................................................................................4 ProposedCosts...................................:....................................................5 Client References and Work Performed...................................................6 Resumesof Key Staff...............................................................................9 INTRODUCTION SJC 3 Consulting, Inc. has been in business since 2007 and is a small minority and woman - owned consulting firm. SJC 3 Consulting currently has a principal and three associates. We have cumulative experience of over 60 years in federal grant management and administration. Services include but are not limited to management and administration of federally -funded and state -funded programs such as Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Integrated Disbursement Information System (IDIS), 20 % Set - Aside, and Environmental Protection Agency (EPA) Brownfield Grants, Neighborhood Stabilization Program (NSP), and Supportive Housing Program (SHP). SJC3 Consulting provides consulting services to both Entitlement Jurisdictions and Cities participating in a consortium. SJC 3 Consulting, Inc. will act as a liaison between the client and the Los Angeles County Community Development Commission (LACDC), the United Stated Department of Housing and Urban Development (HUD), and the California Department of Housing and Community Development (HCD). SJC 3 Consulting consists of highly experienced, well trained team members that have hands- on experience working for municipalities administering federally -funded programs, as well as monitoring and auditing federally funded programs and projects. SJC 3 Consulting works with the City to develop, foster, and maintain good working relationships with staff, LACDC, HUD, community members, and all stakeholders involved in the programs and projects. We stay abreast of regulations, policies, and procedures, by attending both local and national trainings and conferences. EXAMPLE OF SERVICES • Five -Year Consolidated Plan • Analysis to Impediments to Fair Housing Choice (A. I.) • Annual Action Plan Preparation • Consolidated Annual Performance Evaluation Report (CAPER) • Integrated Disbursement Information System (IDIS) • CDBG/HOME/NSP Program/Project Design, Development and Implementation • Administration of Housing Programs • Technical Assistance on regulatory compliance issues • DBRA • Audit Preparation (file organization, resolution of Findings, follow-up correspondence) ,age 12 KEY STAFF Maria Torres-Castaneda, Project Manager Maria Torres-Castaneda is being proposed as the project manager for this project. Ms. Torres- Castaneda has over 18 years of experience working with the CDBG program; which includes over 14 years working as a Program Manager with the Los Angeles County Community Development Commission in the CDBG Division and two years experience working as a consultant managing the Housing Rehabilitation Programs. Ms. Torres-Castaneda has in-depth knowledge about the use, requirements, policies, and procedures associated with processing projects funded with CDBG through the LACDC. Ms. Torres-Castaneda is proficient in writing, reading, and speaking Spanish and is available for in -office support for up to sixteen (16) hours a week. She will professionally represent the City, homeowners, contractors, and all stakeholders involved. Regina Collins, Principal Ms. Collins has over 15 years of grant management experience, which includes 4 %Z years with LACDC, 7 years with the City of Bellflower and 5 years as a consultant. Ms. Collins has extensive experience with a variety of federal and state funded programs and is available as secondary support and can provide as -needed in office support. Ms Collins is being proposed as a secondary support. APPROACH TO ACCOMPLISH SCOPE OF WORK SJC 3 Consulting, Inc. works hard to develop, foster, and maintain good working relationships and rapport with staff, LACDC, HUD and all stakeholders involved. A good rapport with all stakeholders is essential to effectively and efficiently carryout program goals and objectives. We attend local and national trainings and workshops to stay abreast of federal rules and regulations. We will communicate the status of projects to staff via email, in -office meetings, briefings, and inter -office memos and status reports. If selected, Ms. Torres-Castaneda will work closely with the City of Diamond Bar to provide program oversight and implementation while ensuring the City remains in compliance with all federal regulations and LACDC policies and procedures. DESCRIPTION OF TASKS • Answer public inquiries concerning the program Improvement • Conduct preliminary interviews to determine eligibility status and Grant and owner's desired improvements for unit Loan • Obtain and review all required supporting documentation including Programs income verification and grant deed • Conduct property inspections and costs estimates for rehabilitation work • Review and complete all applicable documents for CDBG Housing $10,000 Rehabilitation activities such as Lead -Based Paint (LBP)and maximum Asbestos Containing Material (ACM) review and (Section 106) (deferred loan) historical preservation review • Obtain LBP and ACM testing, abatements and clearances for unit, if necessary • Prepare specifications and bid documents and review bids received $5,000 with the homeowner maximum • Obtain contractor clearances through the Federal Excluded Parties (grant) List System (EPLS) and State Contractor's License Board • Award contracts, prepare and execute documents for grants, deferred loans and below market rate interest loans • Ensure that the following forms are completed, executed and or/recorded: Promissory Note, Notice of Right to Cancel, Deed of Trust, Request for Notice, Truth in Lending Disclosure, and any other forms and documents required by the City • Conduct preconstruction conference to review all proposed work with the homeowner and contractor • Conduct progress inspections to make certain that work is proceeding in a timely manner and to authorize progress payments • Execute notice of completion upon final inspection certifying that the rehabilitation has been completed in accordance with contract specifications • Acquire lien releases from contractor and subcontractors, obtain homeowner's authorization for final payment, and execute close-out of rehabilitation work by ensuring that the permanent file contains complete documentation required for County and Federal monitoring and auditing purposes • Prepare monthly progress reports for City staff • Conduct procurement of loan document preparation, asbestos testing, and lead-based paint testing, if necessary. Page 14 PROPOSED COST Maria Torres-Castaneda (Primary Support) $75 22 $1,650 Regina Collins --. ---1. $85 1 ^- --- '"""Qy""U . ""` In Accordance with United States General Services (if necessary, and upon City Administration (GSA) --- (if necessary, and upon City I Time and Material Contract not to exceed $20,000 CLIENT REFERENCES AND WORK PERFORMED • City of Bellflower Ms. Priscila Davila and Ms. Regina Collins provide general administrative services to the City of Bellflower. General duties and scope of work for both Ms. Davila and Ms. Collins include but are not limited to the following: Preparation of the Annual Action Plan and Consolidated Annual Performance Evaluation Report, HUD audit preparation, Integrated Disbursement Information System (IDIS) technical support, respond to HUD correspondence, make presentations to City Council, Parks and Recreation Commission and City staff, attendance at preconstruction meeting, Section 3 Compliance, program design and development with Neighborhood Stabilization Program (NSP) and American Reinvestment and Recovery Act (ARRA) (CDBG-R) funds, consultation and technical assistance on regulatory compliance. Additionally, SJC 3 Consulting provides assistance with the development of affordable housing projects, technical assistance to prospective Community Housing Development Organizations (CHDOs), overall grant management, budget preparation, and acts as a liaison between the City and HUD. Client Reference: Mr. Brian K. Lee, Director of Community Development (562) 804-1424 ext 2224 blee crellilower.o[ Date of Activity: February 2007 to present • City of Compton Ms. Collins is currently assisting the Community Redevelopment Agency of the City of Compton with the administration of its NSP 1, 2, and 3 Programs. The City is using its NSP program funds to assist Community Housing Development Organizations (CHDOs) and to acquire, rehabilitate, resale, and manage foreclosed properties in the City. During the 2008-2009 program year Ms. Collins was responsible for monitoring the City's Public Service Agencies. Services included conducting on-site monitoring visits and preparing correspondence to Public Service Agencies. During the 2007-2008 fiscal year services included, IDIS technical assistance, conducting on-site monitoring visits, reviewing files and financial documentation to ensure Public Service Agencies were compliant, and prepare monitoring correspondence with findings and observations and corrective actions. Client Reference: Michael Antwine, Deputy Redevelopment Manager (310) 605-5511 rnantwme compttoncity.or_q Date of Activity: April -June 2008 and June-August 2009 (Auditing services and technical assistance) July 2011- present (administrative services) • City of Inglewood Ms. Collins prepared the City's 2009-2010 Annual Action Plan and provided IDIS technical assistance. During the 2007-2008 program year services included entering projects and programs into HUD's mainframe Integrated Disbursement Information System (IDIS) which allowed the City to successfully drawdown over $3,000,000 in CDBG and HOME funds to meet expenditure deadlines. Pag; 16 Client Reference: Ms. Pamela R. Thigpen, Housing and Grants Director (310)412-5221 tp hiapens cityafin Ig ewood.o� Date of Activity: August -September 2007 (IDIS technical assistance) June -July 2009 (Action Plan preparation) • City of Diamond Bar Ms. Maria Torres-Castaneda provides overall general administrative support and management of the City of Diamond Bar's Housing Rehabilitation Programs. Ms. Torres-Castaneda general duties include but are not limited to: Determining eligibility, processing of housing rehabilitation applications, preparing correspondence to residents, preparing staff memorandums, making sure the City is in compliance with all CDBG regulations, preparing and submitting environmental information for CDC review, LBP/ACM testing abatement and clearances, file maintenance and organization for CDC monitoring and reviews. Client Reference: Mr. David Doyle, Assistant City Manager (909) 839-7010 Da_v_a.do/ie ci.diar ond-bar.ca.us Date of Activity: July 2009 to present • City of Cudahy Ms. Maria Torres-Castaneda provides overall general administrative support and management of the City of Cudahy's Single Family and Multi Family Housing Rehabilitation Programs. Ms. Torres-Castaneda general duties include but are not limited to: Determining eligibility, processing of applications, prepare and submit environmental information for CDC review, labor compliance, LBP/ACM testing abatement and clearances, file maintenance and organization for CDC monitoring and reviews, issuing progress payments, tracking financial expenditures, keeping staff abreast of pending deadlines and submittals, preparing staff reports and other internal documents as needed and in relation to the management of CDBG funded activities and attending CDC training and meetings. Ms. Torres- Castaneda is the key contact/liaison between City and LACDC. Client Reference: Mr. Saul Bolivar, Director of Community Development (323)773-5143 sbolivar cit ofg dahyca.gov Date of Activity: July 2007 to present • City of Covina Ms. Regina Collins and Ms. Maria Torres-Castaneda provided general administrative staff support for the City of Housing Rehabilitation programs, specifically the Handy worker and Single -Family Residential Rehabilitation. Ms. Collins general duties included the following: Processing applications, file preparation and maintenance, ordering environmental assessment reports, collecting and reviewing supporting documentation, preparing correspondence, conducting pre -inspections, preparing work write-ups, preparing Request for Bids, conducting pre -construction meetings, and entering programmatic and environmental clearance information into LACDC's online system. Page 17 Ms. Collins also assisted the City of Covina with the management and administration of the McGill Street House Project, which is a homeless prevention program funded with federal Supportive Housing Program (SHP) and administered through the Los Angeles Homeless Shelter Authority (LAHSA). Client Reference: Mr. Robert Neiuber, Director of Community Development (626)858-7210 rneiuber ,ci.covina.ca.us Date of Activity: May 2008 -February 2011 City of Carson Ms. Regina prepared the 2010-2011 Annual Action Plan 2010-2015 Five Year Consolidated Plan, and the Analysis of Impediments to Fair Housing Choice (AI). Client Reference: Mr. Donyea Adams, Redevelopment Manager (310) 233-4862 dadarns r carson.ca.us Date of Activity: January -May 2010 • Los Angles Neighborhood Housing Services (NHS) Mr. Dante Hall provided environmental review processing and Section 3 Trainings and general program technical assistance to LANHS staff and the consortium partners. Mr. Hall also assisted with design and implementation of sound management, and fiscal control practices that demonstrate measurable outcomes in the use of public funds. Client Reference: Ms. Lori Gay, President and CEO (213)381-2862 a lanhs_orq Date of Activity: April 2010 to present (for as -needed services) City of Bell Ms. Regina Collins provides general administrative services to the City of Bell which includes but is not limited to researching files, programs, projects, CDC correspondence, emails and bulletins to facilitate bringing the City into compliance with expenditure requirements. Ms. Collins gathers supporting documents for funding requests submittal. In addition, Ms. Collins prepares CDBG and CDBG-R quarterly reports, communicates project status to staff and CDC and attends LACDC quarterly meetings and trainings. Client Reference: Ms. Debra Kurita, Interim Director of Community Services (323)588-6211 dkunta cgryOfbeii.Org Date of Activity: December 2011 to present Pa„e 18 Regina M. Collins Professional Experience: Housing and Grants Coordinator City of Bellflower -Community Development Department Responsible for the overall operation of the Housing and Grants Division within the Community Development Department: • Develop, implement, and monitor the utilization of Federal and State funds such as CDBG, Redevelopment 20 % Set-aside funds HOME, Section 108, EPA, and EDA • Maintain and ensure regulatory compliance of all CDBG, HOME, EPA, Section 108, EDA, and RDA Set -Aside Programs. Funded programs include Economic Development, Micro -Enterprise Business, Commercial Rehabilitation, Public Improvements, Acquisition, Housing Development, Residential Rehabilitation, First -Time Homebuyer Assistance, and Environmental/Brownfield Site Assessment Programs and Public Service Agency Awards • Prepare the 5 -Year Consolidated Plan, the Annual Action Plan, Annual Consolidated Performance Evaluation Report (CAPER), the Annual HCD Reports and Quarterly EPA reports • Primary contact and liaison between the City and HUD, EPA, and HCD • Interact with the public by conducting workshops, loan and grant administration, inspections, and contractor evaluation and selection • Analyze and research projects, prepare budgets for CDBG, RDA 20% Set -Aside, Section 108, EDA, EPA, and HOME budgets • Prepare staff reports, write for grants and local, State and National awards • Make presentations to the public, City Council, Commissions and Associations • Supervise administrative, technical, and professional work related to the implementation of Community Development programs such as economic development, housing rehabilitation and development commercial rehabilitation, acquisition, public improvements, and public services Program Manager Community Development Commission -Community Development Block Grant (CDBG) Division Responsible for: evaluating Cities, Community Based Organizations and County Departments and ensuring overall compliance with CDBG regulations. Provide technical assistance to CDBG and ESG grant recipients in identifying appropriate systems that can be implemented to meet requirements. Review and respond to eligibility inquiries for proposed projects Page 19 Prepare agreements, amendments, statistical and financial reports for CDBG and ESG-funded projects Provide CDBG compliance training and seminars to grant recipients Review construction projects for compliance with Davis -Bacon requirements and investigate complaints and prepare recommendation for corrective actions Education: University of Southern California, Los Angeles Bachelor of Science Degree Major: Urban and Regional Planning and Development Professional Training, Awards, and Memberships • HUD Relocation Training 2011 • HUD Fair Housing Workshop 2011 • Maximizing HOME: Using HOME to Develop Housing for Special Needs Populations 2010 • Expert HOME and CDBG: Working Together to Create Affordable Housing 2007 • HUD Environmental Training • Member of the American Planning Association (APA) • CALED Merit Award of Excellence for Economic Development 2006 • U.S. EPA Assessment Grant Award Recipient for $200,000 2004 P?, g 110 Maria J. Torres-Castaneda, Associate PROFESSIONAL EXPERIENCE Community Development Commission County of Los Angeles Development Specialist ll, Community Development Block Grant Division Increase in responsibilities and work assignments with monitoring compliance of Community Development Commission (CDC) Divisions, cities, County departments and community-based organizations to ensure adherence with Community Development Block Grant (CDBG) regulations, contractual requirements, federal record keeping/documentation requirements, and local policies; provide technical assistance on such issues as project development and eligibility; prepare contract documents; analyze demographic data; provide informal and formal training(s); and prepare and participate in meeting with the community and public organizations. Development Specialist 1, Community Development Block Grant Division Conduct compliance monitoring of cities, County departments and Community -Based Organizations (CBO) to ensure adherence with CDBG regulations, contractual requirements, federal record keeping/documentation requirements, and local policies; provide technical assistance on such issues as project development and eligibility; prepare contract documents; analyze demographic data; provide informal and formal training(s); and prepare and participate in meeting with the community and public organizations. Program Specialist, Community Development Block Grant Division Reviewed and processed Environmental Service Request qualifying under categorical excluded clearance level for the CDC, Divisions, cities, and CBOs; assisted the Environmental Officer in reviewing and providing environmental clearance of CDBG, HOME, and ESG funded projects. Conducted monitoring of long-term loans to ensure compliance with contractual requirements, prepared correspondence; provided quarterly reports to the Department of Housing and Urban Development on all Historical Preservation Properties that have been determined ineligible for the National Register by State Historic Preservation Office. Assist in the determination of environmental clearance in accordance with the National Environmental Policy Act and California Environmental Quality Act. EDUCATION California State University, Los Angeles Bachelor of Arts Degree in Child Development SKILLS • Knowledge of CDBG regulations and reporting requirements • Proficient in Spanish (writing, reading and communication) • Computer knowledge in Word and Excel CITY COUNCIL TO: Honorable Mayor and Members 9� the City Council FROM: James DeStefano, City Ma Agenda # 6.18 Meeting Date: July 17, 2012 AGENDA REPORT TITLE: Authorize City Manager to enter into a software license and service agreement with SymPro, Inc. to provide investment management software for a not to exceed cost of $30,000. RECOMMENDATION: Approve FINANCIAL IMPACT: Sufficient funds are available in the 2012/13 budget approved by City Council on June 5, 2012. BACKGROUND/DISCUSSION: Historically the City of Diamond Bar has invested its funds primarily in the Local Agency Investment Fund (LAIF) which is basically a savings account with a low rate of return. During the last fiscal year the City started to diversify its portfolio in order to increase interest revenue. The City is investing more funds in investment instruments such as Federal Agency issues, negotiable certificates of deposits and corporate notes. These issues are more complex in nature and require staff to track things such as call dates, interest payment dates and market value changes. Currently, staff is manually tracking investments on an Excel spreadsheet. SymPro, Inc. has developed a treasury management software program that allows staff to more accurately forecast interest revenue, calculate market value, predict cash flow, allocate earnings to the appropriate funds in the general ledger and calculate the Governmental Accounting Standards Board (GASB) required year end entries. The cost breakdown is as follows: Software License Fee $20,000 Annual Maintenance & Support 4,000 2 Day Training & Implementation (excluding travel expenses) 3,200 Total Costs (excluding travel) 27 200 Annual maintenance and support is estimated to be $4,000 each fiscal year. Therefore, it is recommended that the City Council authorize the City Manager to enter into a software license and service agreement with SymPro, Inc. for investment management software for a not to exceed total cost of $30,000. PREPARED BY: Dianna Honeywell -Finance Dir for Attachment: Software License and Service Agreement REVIEWED BY: Dave Doyle - ssistan C Manager N"'-k Sy m P rd' TREASURY MANAGEMENT SOFTWARE SYMPRO SOFTWARE LICENSE AND SERVICE AGREEMENT This SymPro Software License and Service Agreement ("Agreement") is entered into effective the day of 2012 ("Effective Date") by and between SymPro, Inc., a California corporation, with its principal place of business located at: 2200 Powell Street, Suite 1170, Emeryville, CA 94608 ("SymPro" or "VENDOR"), and The City of Diamond Bar a California (Municipal Corporation), with its principal place of business located at: 21810 East Copley Drive, Diamond Bar, CA 91765 ("Licensee" or "CITY"). RECI'T'ALS A. SymPro designs, develops and licenses a proprietary computer software solution known as the SymPro Treasury Management Software. B. Licensee desires to obtain a (single entity,) nontransferable, non-exclusive limited right and license to use such software and related documentation and services for Licensees own internal business purposes only and SymPro is willing to grant such a license on the terms and subject to the conditions of this Agreement. THEREFORE, in consideration for the fees to be paid by Licensee hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Certain Definitions. As used in this Agreement, the following terms shall have the following definitions: A. "Annual Maintenance and Support Plan" or "Plan" shall mean the then -current support services Licensee elects to purchase from SymPro. The Annual Maintenance and Support Plan as of the Effective Date is summarized in the attached Exhibit B. SymPro may change the support services it offers with a 60 day written notice to Licensee regarding changes that will be effective with the next Annual Support and Maintenance renewal date. B. "Authorized Users" shall mean Licensee and its employees and no other persons or entities; the number of which is stated in the attached Exhibit A and which may be changed by amendment to the attached Exhibit A or authorized purchase order issued by Licensee and accepted by SymPro. C. "Designated Equipment" shall mean a single Intel based computer or a network file server on which Licensee uses the Software pursuant to this Agreement and which is more fully described in the attached Exhibit A. D. "Designated Site" shall mean the location at which the Designated Equipment and Licensed Products are located during the tern of this Agreement as identified on Exhibit A to this Agreement or such other location as may be expressly approved in writing by SymPro. E. "Documentation" shall mean the formal printed -paper or electronic technical and user manuals supplied by VENDOR or its licensors for all Licensed Application Software required under this contract. This includes user manuals, system administration manuals, operation manuals, training manuals, data dictionary, and data field sets, technical features and other relevant information reasonably required for use of the Software, including all physical media upon which the materials or information are provided. F. "Installation" shall mean VENDOR installation on CITY owned equipment of any and all Licensed Application Software, configuration activities, software loading, and system testing, whether performed at the CITY's site or at VENDOR's site G. "Licensed Products" shall mean the Software and the Documentation. H. Software" shall mean that certain SymPro proprietary computer software solution known as SymPro Treasury Management Software, in machine readable, object code form, as listed on Exhibit A, and any modules, bug fixes, modifications, enhancements and other SymPro or third party software provided to and licensed hereunder by SymPro to the Licensee during the Term. 2. Software License. A. License Grant. Subject to the terms of this Agreement, SymPro hereby grants to Licensee, and Licensee accepts, a limited, (single entity), non -transferable and non-exclusive perpetual license to use the Licensed Products solely for Licensee's own internal business purposes and solely on the Designated Equipment located at the Designated Site by the number of Authorized Users stated in the attached Exhibit A or such Authorized Users added during the Term. Licensee shall be permitted to make one copy of the Software for backup and archival purposes only. Each copy must reproduce all copyright and other proprietary notices. B. Warranty of Ownership. SymPro warrants to Licensee (and no other person or entity) that it is the author and owner or proper Licensee of the Licensed Products and has the right to enter into this Agreement. C. Sympro Retains Title. Licensee acknowledges that SymPro and its licensors retain title to the Licensed Products, all copyrights, trade secrets and other intellectual property rights licensed to Licensee even if Licensee's suggestions are incorporated into subsequent versions of the Software. The Licensed Products constitute a trade secret and are confidential to SymPro. D. No Ownership Rights. Other than the limited right of use of the Licensed Products described in this Agreement, Licensee neither shall have not shall it acquire any right, title or interest in or to any of the Licensed Products or in any intellectual or proprietary rights represented thereby. E. License Restrictions. Licensee agrees that it will not modify, decompile, disassemble, 2 licmast,i 031403 translate or reverse engineer the Software, in whole or in part. Except as expressly stated, this Agreement does not include any rights to use, disclose, sublicense, or otherwise transfer the Software, Documentation, or other proprietary information of SymPro. Licensed Products shall not be used to process data except for Licensee's internal purposes. F. Licensee shall immediately notify SymPro in writing of any actual or suspected breach of this Agreement, including, without limitation, its terms limiting use. 3. Delivery of Licensed Products. Software may be delivered to Licensee by CD or by remote telecommunications from SymPro's place of business unless the parties agree in writing to an alternative method of delivery. SymPro is not responsible for installing the Software unless SymPro is specifically contracted to perform installation and training services. 4. Fees and Pam. A. License Fee. Licensee shall pay the then current fees for the Licensed Products ("License Fees"). Licensee will remit payment for the Licensed Products within 30 days of SymPro's invoice. B. Annual Maintenance and Support Plan. If Licensee elects to purchase services under the Annual Maintenance and Support Plan, Licensee shall pay the then current annual service fees within 30 days of SymPro's invoice. SyimPro may adjust the services fees for Licensed Products added in any annual period in the subsequent year. C. Payments. All payments (i) shall be made by bank check or Licensee's check or wire transfer of immediately available funds and (ii) shall be due and payable to SymPro (or SymPro's assignee) in U.S. Dollars, at SymPro's address as stated above, or such other places as SymPro may from time to time designate in writing. All payments shall be made without offset or deduction of any nature whatsoever and are nonrefundable except as expressly stated. Licensee shall pay all applicable federal, state and local sales, use, excise, transportation, occupational or similar taxes or assessments, customs or duties. 5. Warran . A. SymPro warrants that: (i) Software will perform in accordance with SymPro's standard specifications stated in its Documentation for a period of 180 days from the date of first installation of the Software (exclusive of bug fixes, modifications or enhancements provided during the warranty period or under the Annual Maintenance and Support Plan); and, (ii) Services provided under the Plan will be performed in a professional and workmanlike manner and bug fixes, modifications, enhancements provided under the Plan will perform in accordance with SymPro's standard specifications. EXCEPT FOR THE WARRANTIES STATED ABOVE, SYMPRO AND ITS LICENSORS MAKE NO OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED. SYMPRO AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL 3 licmaster 031403 IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -INFRINGEMENT. For warranty support, Licensee should contact. Technical Support at telephone number 510 655 0900. B. Licensed Products are of a complex nature resulting in operations that may be interrupted or errors that may be encountered. SymPro sole obligation and Licensee's sole remedy under this warranty is for SymPro, at its option, to provide such services, bug fixes or other modifications it deems appropriate, provide a functional equivalent or reperform services, if. (i) SymPro receives proper notice of any claimed Software defect during the warranty period or a claim of defective services or Software under the Plan within 10 business days of the related occurrence. Proper notice includes copies of the data, reports and written procedures documenting the claim. And, (ii) the Licensee is otherwise in compliance with this Agreement and using the current version of the Software in accordance with SymPro's standard specifications; and, (iii) SymPro is able to reproduce any claimed defect. Should SymPro determine in its sole judgment after reasonable effort that a covered defect cannot be remedied, SymPro may elect to terminate this Agreement as to the effected Software and refund the paid, unused License Fees as to the effected Software only upon return of the Software and certification the Software is no longer in use by Licensee. C. Further Limitations. The limited warranties provided in this Section 5, as limited by other provisions of this Agreement, are non -transferable by Licensee except as set forth below and shall immediately become void in the event of any unauthorized use, modification or repair of the Licensed Products or any part thereof or upon breach by Licensee of any provision of this Agreement. Except as otherwise may be provided in any technical support and maintenance agreement between the parties, Licensee shall pay, at SymPro's then current rates, for services performed by SymPro to correct problems or defects not covered by warranty, including, without limitation, those traceable to Licensee's errors. D. Licensee shall pay, at SymPro's then current rates, for services performed by SymPro to address any problems or defects not covered by warranty or the Plan, including, without limitation, those traceable to Licensee's errors. All such services will be provided to a specific proposal outlining the scope of work, time and material rates and delivery schedules. 6. LIABILITY, INDEMNIFICATION AND DEFAULT A) LIABILITY, INDEMNIFICATION AND DEFAULT CITY shall in no event be liable to VENDOR or other person claiming damages as a result of the CITY's use of the Licensed Application Software and Materials in conformity of this Contract Agreement, whether direct or indirect, special or general, consequential, or incidental or arising from loss of profits; provided that this provision shall not apply to any claim, demand, loss or action alleging that any modifications made by Licensee to the Licensed Application Software and Materials infringe any third -party rights in the United States respecting copyright, trade secret, or patent. 4 licmmter 031403 VENDOR shall indemnify, defend, and hold harmless from any demands, claims or suits by a third party for loss, damages, expenses, liability, legal costs, and attorney's fees arising out of claims or allegations that the CITY's use of the Licensed Application Software and Materials in conformity with this Agreement infringe any third -party rights in the United States respecting copyright, trade secret, or patent or that the Licensed Application Software caused damage to any person. VENDOR hereby agrees to indemnify Licensee against any damages finally awarded against Licensee in connection with a claim that the Licensed Products directly infringe a United States copyright or patent or other intellectual property rights, provided that: (i) Licensee notifies VENDOR in writing within 30 days of the claim; (ii) VENDOR has sole control of the defense and all related settlement negotiations; and (iii) Licensee provides VENDOR with the required assistance, information and authority. VENDOR shall have no liability for any claim of infringement arising from: (a) any unauthorized use, alteration or modification of the Software including use of the Software in conjunction with products not provided by VENDOR; or, (b) use of a superseded or altered release of the Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Products. If the Licensed Products are held or are believed by VENDOR to infringe, VENDOR shall have the option, at its expense, to: (i) modify the Licensed Products to be non -infringing; or, (ii) obtain for Licensee a license to continue using the Licensed Products. If it is not commercially reasonable to perform either of the above options, then VENDOR may terminate the license for the infringing Licensed Products and refund any unused License Fees or Annual Maintenance and Support Plan fees paid for the affected Licensed Products. Licensee shall discontinue use of the Software. VENDOR agrees to indemnify and hold the CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any negligence and/or acts or omissions of VENDOR or VENDOR's agents, employees, subcontractors, officials, officers or representatives. Except as otherwise provided in this Section, upon demand, VENDOR shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. B) BANKRUPTCY/SUPPORT CESSATION The term "default" as used in this Contract Agreement shall include the institution of proceedings by or against VENDOR under federal or state bankruptcy laws and assignment or receivership for the benefit of creditors. C. INSURANCE VENDOR, at its own cost and expense, shall purchase and maintain during the life of this Contract 5 licmaster 031403 Agreement a comprehensive liability policy that shall protect VENDOR from claims for property damage and injuries to persons, including accidental death, and name the CITY as an additional insured under said policy in not less than the following amounts: • General Liability including personal injury and property damage in the amount of $1,000,000. • Automobile Liability, all automobiles, in the amount of $1,000,000 for combined single limit. In addition, CITY shall be named as additional insured by endorsement on such policies and shall be notified by the insurance carrier of any change in or cancellation of coverage. VENDOR further agrees during the life of this Contract Agreement to maintain, at VENDOR expense, all necessary insurance for its employees, including, but not limited to, Workman's Compensation, disability, and unemployment insurance. VENDOR shall furnish a certificate of insurance and Additional Insured Endorsements countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. The countersigned certificate shall name the CITY as an additional insured under the policy. The certificate shall contain a statement of obligation on the part of the insurance carrier to notify CITY of any material change, cancellation or termination of the coverage at least thirty (30) calendar days in advance of the effective date of any such material change. VENDOR shall furnish the certificate to CITY prior to execution of this Agreement by CITY. Before VENDOR shall employ any person or persons in the performance of this contract, VENDOR shall procure a policy of Worker's Compensation Insurance as required by the Labor Code of the State of California. 7. LIMITATION OF LIABILITY To the extent a claim arises under warranty, the remedy stated in Section 5 applies. To the extent a claim arises under indemnification, the remedy stated in Section 6 applies. AS TO ALL OTHER CLAIMS, LICENSEE ACKNOWLEDGES THAT POTENTIAL DAMAGES IN ANY PROCEEDING WOULD BE DIFFICULT TO MEASURE WITH CERTAINTY AND THE PARTIES EXPRESSLY AGREE THAT AS A FAIR ASSESSMENT OF POTENTIAL DAMAGES, SYMPRO AND ITS LICENSOR'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF FORM OF ACTION, PROCEEDING OR THEORY OF RECOVERY, SHALL NOT EXCEED THE LICENSE FEES OR FEES ACTUALLY PAID TO SYMPRO WHICH ARE DIRECTLY RELATED TO THE CLAIM. REGARDLESS OF THE FORM OF ACTION, PROCEEDING, OR THEORY OF RECOVERY, NEITHER SYMPRO NOR ITS LICENSORS SHALL IN ANY MANNER BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ASSESSED AGAINST OR PAID BY LICENSEE TO ANY THIRD PARTY, ARISING OUT OF THE USE, INABILITY TO USE, QUALITY OR PERFORMANCE OF THE LICENSED PRODUCTS PROVIDED, EVEN IF SYMPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. E L=aste 031403 8. Term and Termination. A. Term. This Agreement is for a perpetual license and shall continue until terminated by either party ('Term') under the following conditions. B. Termination. (i) SymPro's Right of Termination. SymPro may term nate this Agreement after 30 days prior written notice for Licensee's failure to pay any amounts due (including any additional License Fees or service fees resulting from legal changes expanding Licensee's rights of use). (ii) Licensee's Right of Termination. Licensee may terminate this Agreement without cause upon 60 days prior written notice prior to the anniversary date of this Agreement. (iii) Either Party's Right to Termination. Either party may terminate this Agreement, (a) upon 30 days' prior written notice for the other party's failure to cure any other material breach of this Agreement; (b) immediately upon: (I) termination or suspension of Licensee's business, (II) insolvency or filing of a voluntary or involuntary petition in bankruptcy, which petition is not dismissed within 30 calendar days of filing, (III) appointment of a receiver, assignee or other liquidating officer for all or substantially all of the Licensee's assets or (M an assignment for the benefit of creditors. C. Termination of Maintenance and Support Plan. Either party may terminate the Plan upon 60 days written notice before the anniversary date of this Agreement. D. Effect of Termination. Except for termination of the Plan, Licensee shall cease use of the Licensed Products upon termination of this Agreement and shall provide a written certification to SymPro of removal of all copies of the Software from its system and destruction of all copies of Software and Documentation except that required for archival purposes. Termination of the Plan shall not result in termination of this Agreement unless otherwise specified. Termination of this Agreement shall not relieve Licensee of its obligation to pay for any fees not result in the refund of any fees paid. 9. General. A. Injunctive Relief. Licensee's breach of any obligation under this Agreement regarding the use, duplication, modification, transfer or confidentiality of the Licensed Products shall entitle SymPro to injunctive, specific performance or other equitable relief, all without need of bond or undertaking of any nature, Licensee specifically acknowledging that SymPro's remedies at law under such circumstances would be inadequate. B. Assignment. This Contract Agreement may be assigned by VENDOR to another person or organization that acquires all or substantially all of the assets of VENDOR as long as all contractual provisions and responsibilities are assumed by the acquiring person or organization and the CITY's approval is obtained which will not be unreasonably withheld. Any other assignment by VENDOR 7 Lcmaster 031403 shall be made only with the prior written consent of CITY which consent shall not be unreasonably withheld provided that in the event of such assignment the proposed assignee has agreed to be fully responsible for VENDOR obligations under this Contract Agreement.. C. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California and any and all disputes, arbitrations or legal actions shall be initiated and venue set in Los Angeles County, California. D. Severability In the event that any one or more of the provisions, or its application to any person or legal entity or circumstance, contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. E. Waiver. No waiver of any provision of this Agreement not any modification or supplement hereto shall be binding, unless in writing and signed by an officer of VENDOR and the CITY. The terms and conditions set forth herein shall prevail notwithstanding the terms and conditions of a purchase order or other communications previously or hereafter submitted to or by parties.. F. Entire Agreement. This Agreement constitutes the entire understanding of the parties with respect to the matter contained herein. There are no promises, covenants or undertakings other than those expressly set forth herein. This Agreement(s) may not be amended except by writing, signed by authorized representatives of CITY and VENDOR and approved by CITY's City Attorney. If any of the provisions of the Contract Agreement(s) are declared to be invalid, such provisions shall be severed from the Contract Agteement(s) and the other provisions hereof shall remain in full force and effect. This contract shall be considered entered into in Los Angeles County, State of California. This Agreement may be modified only by a written agreement signed by a party's authorized representative. G. Conflict. Should any Exhibit conflict with this Agreement, the Exhibit shall control. H. Notices. All notices and demands hereunder shall be in writing and shall be served by personal service or by mail at the address of the receiving patty stated below (or at such different address as may be designated by such party by written notice to the other party) and shall be deemed complete upon receipt. I. Independent. Each party is acting as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose. 8 licmastex 031403 T Compliance with all Applicable Laws ExportAt all times, Licensee will adhere to all applicable state, federal and local laws and regulations in the conduct of its business, installation and use of the Software and maintain the proper insurances as are customary in the business. Licensee shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, Licensee shall not export or re-export the Software without all required United States and foreign government licenses. K. Force Majeure. Except for the payment of any amounts due, performance will be suspended for force majeure upon written notice and may be terminated if such event continues for more than 30 days. L. Survival. Sections 2(C), (D) and 4 through 7, inclusive, 8(D), and 9 shall survive any termination or expiration of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. SymPro, Inc., a California corporation Name: Michael Byrne Title: President and CEO Address: 2200 Powell Street, Suite 1170 Emeryville, California 94608 Tel. No. 510 655 0900 Fax: 510-655-4064 Ecm ter 031403 ("Licensee") (Authorized Representative) Print Name: Address: 21810 East Copley Drive, Diamond Bar, CA 91765 Tel. No. 909-839-7000 Fax: 909-861-3117 Exhibit A to SYMPRO SOFTWARE LICENSE AND SERVICE AGREEMENT By and Between SymPro, Inc. and The City of Diamond Bax Licensee Effective Date Designated Equipment: Workstations: Intel Pentium type personal computer or equivalent; 32 bit operating system; minimum speed 1 Ghz; all current Windows operating systems that are Windows 2000 or more current; minimum 1 GB RAM; 200 MB of storage. Networking: Novell or Microsoft Windows Server. Hard drive storage: Minimum 200 MB for software, 100 MB for portfolio data, depending on size and type of portfolio(s); 1 GB of RAM; 2 Ghz processor speed or higher. Licensee's Installation: Installation is on a network server. For equipment or operating systems not named in this section contact SymPro for compatibility information. 2. Designated Site: 21810 East Copley Drive, Diamond Bar, CA 91765 3. Software and Documentation: Fixed Income Network License (3 non -concurrent user access) Earnings Allocation Module General Ledger Module Any other Software licensed during the Term a described in this Exhibit, any amendment hereto or any purchase order issued by Licensee and accepted by SymPro. 4. Authorized Users: Network installation with non -concurrent access and support for 1- 3 Authorized Users. 5. License and Service Fees: a. License and Service Fees: Total Software License Fee $20,000 Annual Maintenance and Support $ 4,000 2 Day Training & Implementation $ 3,200 (Travel expenses not included) Total Ec sree 031403 10 $27,200 Payment Schedule: License fees will be invoiced upon execution of this agreement. Annual Maintenance and Support for year one will be invoiced upon the earlier of product delivery date or 30 days from the execution of this agreement. Professional service fees and training will be invoiced as services are performed. 11 licmaster 031403 Exhibit B to SYMPRO SOFTWARE LICENSE AND SERVICE AGREEMENT By and Between SymPro, Inc. and The City of Diamond Bar, CA, Licensee Effective Date Annual Support and Maintenance Plan The following SymPro Support and Maintenance Plan applies as of the Effective Date. SymPro reserves the right to change this Plan at any time, with 60 days written notice. All changes will be posted at its website: www.sympro.com and will become effective as of the next Renewal Term. However, any Support and Maintenance Plan will include at least the following essential elements: Priority service from technical support and client service representatives Free SymPro version corrections and enhancements released during the term of the Annual Support and Maintenance Plan. Free shipment of Software and documentation Access to the SymPro Internet Site for Support (www.sympro.com) Free Regional Training Conference attendance Unlimited telephone technical support in the following areas: Loading and configuring of SymPro Software Operational Questions, including standard SymPro reports Data entry support for all investment types supported within SymPro, including: Certificates of Deposits Negotiable Certificates of Deposits Checking Accounts Commercial Paper Commercial Paper Discount United States Treasury Issues, Coupon & Discount Federal Agency Issues, Coupon & Discount Rolling Repurchase Agreements GNMA, Pass Through Bankers Acceptances Corporate Bonds Medium Term Notes Tele -consultation is provided during normal business hours (7:OOAM TO S:OOPM - Pacific Time), Monday through Friday for questions dealing with the operations of the Licensed Software on Designated Equipment. Support issues may be reported via voicemail (510-655-0900 Selection 2), fax (510-655-4064), or email (support@sympro.com), 24 hours a day. Answers to "Frequently Asked Questions" are available at www.sympro.com, 24 hours a day. The resolution of some issues may require that Licensee provide SymPro with a copy of Licensee's data. Licensee agrees to provide SymPro with a copy of their data for the purpose of resolving Licensee's issue and SymPro agrees to maintain full confidentiality of any required data and will use it only for the resolution of the Licensee's issue. Not Included: Consulting on issues concerning investment accounting matters, specific financial or investment matters, research on investments not supported within the Licensed Software, or data entry for investments not supported in the Licensed Software system are not included. CITY COUNCIL Agenda # 7 , 1 Meeting Date: July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: Adoption of Resolution No. 201 - Amending the City's Conflict of Interest Code for Designated City Personnel and Rescinding Resolution No. 2010-29 in its Entirety. RECOMMENDATION: Conduct a Public Hearing, Accept Testimony, and Adopt. FINANCIAL SUMMARY: No financial impact associated with this item. BACKGROUND: On June 5, 2012, the City Council adopted Resolution No. 2012-32 establishing job salary schedules for City job classifications. In order to appropriately match the City's Personnel System, the City's Conflict of Interest Code needs to be adjusted. DISCUSSION: With the adoption of Resolution No. 2012-32 a new position of Facilities Maintenance Supervisor was established. Due to the addition of this position staff is recommending that it be included in the list of the City's Designated City Personnel and be required to file a State of Economic Interest (Form 700). PR PARED Tommye i ins, City Clerk Attachment: Resolution 2012 -XX REVIEWED BY: i� David Doyle, ss't(fiYy Manager RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND RESCINDING RESOLUTION NO. 2010-29 IN ITS ENTIRETY A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur with respect to job functions. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this VM91IRiMe, B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: and correct. 1. In all respect as set forth in Part A, Recitals, of this Resolution are true 2. The City's Conflict of Interest Code, as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A" setting forth designated employees and disclosure categories pertaining thereto. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of 2012. Ling -Ling Chang , Mayor I, Tommye 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 day of 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. APPENDIX A DESIGNATED EMPLOYEES Assistant Engineer Assistant Planner Assistant City Manager Assistant to the City Manager Associate Engineer Associate Planner Building Official City Clerk City Engineer/Public Works Director Community Development Director Community Services Director Facilities Maintenance Supervisor Finance Director Human Resources Manager Information Systems Director Management Analyst Network/Systems Administrator Parks & Recreation Commission Parks and Maintenance Superintendent Parks and Maintenance Supervisor Planning Manager Public Information Manager Street Maintenance Superintendent Recreation Services Manager Recreation Services Superintendent Recreation Supervisor Senior Accountant Senior Civil Engineer Senior Management Analyst Senior Neighborhood Improvement Officer Senior Planner Traffic & Transportation Commission DISCLOSURE CATEGORIES 1,2 1,2 1,2 1.2 1,2 1 1,2 1 1 1,2 NOTE: City Council, City Manager, City Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq.), not this Code. ATTACHMENT B CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS ** Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. ** With respect to consultants, ad hoc committees, task forces and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. APPENDIX B Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph. APPENDIX "C" 82030. Income. (a) 'Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent interest or greater. 'Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) 'Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A. §501.) (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares, in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) The loan is secured by the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from or payments received on a loan made to an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if he or she is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.) (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. CITY COUNCIL Agenda # 7.2 (a) Meeting Date: ,July 17 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION LEVYING AN ASSSSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSM NT DISTRICT NO. 38 FOR THE FISCAL YEAR 2012-2013. RECOMMENDATION: FINANCIAL SUMMARY: The District 38 levy rate of $15.00 per parcel will generate $267,720 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2012-13, $13,497 of the General Fund will pay for the operation and maintenance costs in District 38. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2012-13 operation and maintenance budget. The total annual budget of the District is $281,217. The itemized budget for District 38 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,848 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2011-2012 was $15.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: Rick Yee, Senior Civil Engineer REVIEWED BY DaviciG. Liu Director of Public Works Attachments: Resolution No. 2012 -XX Engineer's Report Date Prepared: July 10, 2012 RESOLUTION NO. 2012 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2012-2013 A. RECITALS. (i) By its Resolution No. 2012-26, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2012-2013. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "AA." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California on July 17, 2012, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION, NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2012-13 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2012-13 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2012-13. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this 17th day of July, 2012. Ling -Ling Chang, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 17th day of July, 2012, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2012-13 CITY OF DIAMOND BAR Preliminary`. June 5, 2012 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2012-13 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XHIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report — FY 2012-2013 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report— FY 2012-2013 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1, attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 Engineer's Report — FY 2012-2013 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2012-13 Fiscal Year is as follows: 2012-13 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2011-12) $ 0 Property Tax — Special Assessments 267,720 Interest Revenue 0 Transfer in — General Fund 13,497 TOTAL $ 281,217 Appropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds / Buildings Professional Services Contract Services * Capital Outlay' Capital Improvements Fund Balance Reserves Reserve for Future Capital Improvements Transfer In — General Fund TOTAL * Contract Services this Fiscal Year Contract Maintenance (Excel) $ 140,617 Extra Gopher Control Contract at S. Brea Canyon Road/Along 57 Freeway $ 1,000 Assessment District No. 38 4 Engineer's Report — FY 2012-2013 0 0 0 0 0 0 0 3,500 116,325 15,775 4,000 141,617 0 0 (13,497) 13,497 $ 281,217 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 Engineer's Report— FY 2012-2013 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. A sense of community pride resulting from well-maintained green spaces. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 6 Engineers Report — FY 2012-2013 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $267,720 Estimated Number of Parcels: Estimated Assessment Per Parcel: 2012-13 Assessment Per Parcel: 2011-12 Assessment Per Parcel: Difference: Assessment District No. 38 Engineer's Report— FY 2012-2013 17,848 $ 15.00 $ 15.00 $ 15.00 $ 0.00 ASSESSMENT ROLL The individual 2012-13 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2012 GFB-FRIEDRICH & ASSOC., INC. s_ o. c st Exp.3-31-14 rt CIVIL A.'Ft&DRfCH Assessment District No. 38 Engineer's Report— FY 2012-2013 10.46811,010 ►9 Assessment District No. 38 Engineer's Report — FY 2012-2013 SHEET 7 OF 1 SHEET CITY OF DIAMOND BAR O. 38 � .mo mwlm.`.m Hoak .[ iu O. 38 SHEET 1 OF 1 SHEET 1FaOC SEE was ..... m a wwruusn v m.w®o RaCRN � ASSESSMENT DISTRICT NO. 38 FISCAL YEAR 2012-2015 CITY COUNCIL Agenda # 7 .2 (b) Meeting Date: July 17 2012 AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: James DeStefano, City Mana e TITLE: RESOLUTION LEVYING AN SSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2012-2013. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 39 levy rate of $130.00 per parcel will generate $162,630 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2012-13, $81,752 of the General Fund will pay for the operation and maintenance costs in District 39. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2012-13 operation and maintenance budget. The total annual budget of the District is $244,382. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, Page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B- 2" of the Engineer's Report. This reflects a total maintenance area of 60.45 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District No. 39 for Fiscal Year 2011-12 was $130.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a RESOLUTION NO. 2012- XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2012-2013. A. RECITALS. (i) By its Resolution No. 2012-27, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2012-13. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California on July 17, 2012 and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2012-13 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2012-13 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2012-13. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 1 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 17th day of July, 2012. Ling -Ling Chang, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 17th day of July, 2012, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar FNI ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2012-13 CITY OF DIAMOND BAR Preliminary: June 5, 2012 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 (951) 781-0811 117:: _ G]MKGPUMrLli.`' INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Page 1 2 3 4 0 7 0 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2012-13 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report— FY 2012-2013 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 Engineer's Report — FY 2012-2013 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 3 Engineer's Report — FY 2012-2013 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2012-13 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2011-12) Property Tax and Assessments Interest Revenue Transfer In — General Fund TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Water & Edison Maintenance -Grounds & Bldg. Professional Services Contract Services Contract Services (Excel Landscape Maint.) Weed/Pest Abatement (L.A. County Ag) Capital Outlays Miscellaneous Equipment Fund Balance Reserves Reserve for Future Capital Improvements Transfer In — General Fund TOTAL Assessment District No, 39 4 Engineer's Report — FY 2012-2013 2012-13 Recommended Budget $ 0 162,630 0 81.752 $ 244,382 0 0 0 0 0 0 0 3,500 54,900 25,150 4,500 139,332 17,000 0 (81,752) 81.752 $ 244,382 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 5 Engineer's Report— FY 2012-2013 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 Engineer's Report— FY 2012-2013 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $162,630 Estimated Number of Parcels: 1,251 Estimated Assessment Per Parcel: $ 130.00 2012-13 Assessment Per Parcel: $ 130.00 2011-12 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 % Engineer's Report— FY 2012-2013 ASSESSMENT ROLL The individual 2012-13 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: �� 2012 Assessment District No. 39 Engineer's Report — FY 2012-2013 GFB-FRIEDRICH & ASSOC., INC. EXHIBITS Assessment District No. 39 Engineer's Report — FY 2012-2013 EXHIBIT "A-2" SHEET 1 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2012-2013 FOR THE CITY OF DIAMOND BAR � ��naui �n�x�gvxxrclra .wrn¢M GM C SCA na¢afz aaE ap w cn sas a wo xnr �&wx�r�� vam uws ax rss x tt aria oMr rEiw CP Wc.. WIT _ k IIIC. �90C.. �nwc an vxa� �a rm) � warx .re �.°�o0pvx.m+r NO m xa x�. rn.�". a rxc a.. a oruao ax EXHIBIT "B-2" SHEET 1 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2012-2013 FOR THE CITY OF DIAMOND BAR OAI.PIOC 8C iu" min cze-rx®wca k 1830C.. A`C. cuauumc cra onxm" um ".omoe u"n"."u.c m CITY COUNCIL TO: Honorable Mayor and Membe VIA: James DeStefano, City TITLE: RESOLUTION LEVYING AN BAR LANDSCAPING ASSE FISCAL YEAR 2012-2013. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: Agenda: # 7.2 (c) Meeting Date: July 17, 2012 AGENDA REPORT the City Council RENT ON CITY OF DIAMOND DISTRICT NO. 41 FOR THE The requested District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2012-13, $20,000 of Prop A Safe Parks Funds and $17,023 of General Funds will pay for the operation and maintenance costs in District 41. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2012-13 operation and maintenance budget. The District budget totals $159,180. The itemized budget for District 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the I District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2011-12 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Rick Yee, Senior Civil Engineer REVIEWED David G. 166 Director of Public Works Attachments: Resolution No. 2012 -XX Engineer's Report 2 Date Prepared: July 11, 2012 RESOLUTION NO. 2012 -XX RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2012-2013. A. RECITALS. (i) By its Resolution No. 2012-28, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2012-13. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium/Government Center, 21865 Copley Drive, Diamond Bar, California on July 17, 2012, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find. determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefited by the improvements specified in said report, (ii) said District includes all of the lands so benefited, and (iii) the net amount to be assessed upon the lands within said District for the 2012-13 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2012-13 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2012-13. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 17th day of July, 2012. Ling Ling Chang, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 17th day of July, 2012, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2012-13 CITY OF DIAMOND BAR Preliminary: June 5, 2012 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 200 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 6 7 8 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2012-13 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 1 :_1l_ rI \I INPIT91 (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineer's Report — FY 2012-2013 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 2 Engineer's Report— FY 2012-2013 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 Engineer's Report — FY 2012-2013 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2012-13 Fiscal Year is as follows: 2012-13 Recommended Budget Revenue Appropriation Fund Balance (from FY 2011-12) $ 0 Property Tax and Assessments 122,157 Interest Revenue 0 Transfer In — Prop A Safe Parks 20,000 Transfer In — General Fund 17.023 TOTAL $ 159,180 Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds / Buildings Professional Services Contract Services Contract Services (Excel Landscape Maintenance) Weed/Pest Abatement Capital Outlays Miscellaneous Equipment Capital Improvements Fund Balance Reserves Reserve — Future Capital Improvements Transfer In — General Fund Transfer In — Prop A SP TOTAL ** No Capital Improvements this Fiscal Year. Assessment District No. 41 Engineer's Report — FY 2012-2013 4 M 0 0 0 0 0 0 0 3,500 36,250 7,000 4,500 49,730 58,200 (37,023) 17,023 20,000 $ 159,180 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 41 5 Engineers Report — FY 2012-2013 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 41 Engineer's Report — FY 2012-2013 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: Estimated Number of Parcels: Estimated Assessment Per Parcel: 2012-13 Assessment Per Parcel: 2011-12 Assessment Per Parcel: Difference: Assessment District No. 41 7 Engineer's Report — FY 2012-2013 $122,157 554 $ 220.50 $ 220.50 $ 220.50 $ 0.00 ASSESSMENT ROLL The individual 2012-13 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2012 GFB-FRIEDRICH & ASSOC., INC. r v/ exp.3-31-14 * 4 0 � / ///, - � z& 4z� z HN A. FRIEDMCFr CIVIL _�� Assessment District No. 41 Engineers Report — FY 2012-2013 EXHIBITS Assessment District No. 39 Engineer's Report — FY 2012-2013 EXHIBIT "A -SPP ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. FISCAL YEAR 2012-2012 FOR THE CITY OF DIAMOND BAR GRMIDC SCALL PAC WP [gm6Y 0: iK rn V WY]14 W D /.�al'S MNn MIRA /5 "W6 tt MVA/m 61OS YAE �" �s srcE poRw rvT u'N w m � ct V!" nMl n[ wmP M9Y6�� /nE^� PAFiJ. W3 UI "f MTC deY.E tt nE 1➢i SHEET 1 OF 1 SHEET 41 t Wks, i OR i IM MIY.16 fl a WPTM =AMY R �" "A. 34� �- Oar x.PrtP. aMMiY IA LL6.W:pET. "1rt 6 V1CM(A TX6�m i4tt"�. Qm:Z ��+ Nn 4 SHEET 1 OF 1 SHEET EXHIBIT 'B -S" ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2012-2013 FOR THE CITY OF DIAMOND BAR GaAP81C SU= ,w"-aoo�n rsmwu�m Warn ww�rew 132 irrvun cza—rx�uce � nsaoc., wc. mw crv� "+axm�s CITY COUNCIL Agenda # 7.3 Meeting Date: July 17, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: An Ordinance pursuance to overnment Code Section 65858, extending Interim Urgency Ordinance No. 10 (2012) prohibiting the Issuance of Permits for Guest Houses and Second Units in the Low Density Residential (RL) Zoning District RECOMMENDATION: Adopt Ordinance No. 10A (2012). BACKGROUND/DISCUSSION: On June 19, 2012, the City Council adopted Interim Urgency Ordinance No. 10 (2012) that placed a 45 -day moratorium on issuing permits for guest houses and second units in the Low Density Residential (RL) zoning district. To allow additional time to research this matter, and then prepare new permanent regulations and update the zoning ordinance for adoption by the City Council, 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: The City has determined that the adoption of the Urgency Ordinance is Categorically Exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Sections 15061(b)(3) and 15308. Therefore no further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on July 6, 2012, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City's three designated community posting sites. CONFORMANCE WITH GOVERNMENT CODE SECTION 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: c S. Lee Senior Planner Reviewed by: -pno David We - Assistant City Manager Attachments: 1. Ordinance No. 10A (2012) 2. Ordinance No. 10 (2012) Reviewed by: Greg Gubman, AICP Community Development Director Interim Urgency Ordinance Extension — Guest Houses and Second Units Page 2 Attachment 1 ORDINANCE NO. 10A (2012) AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING ORDINANCE NO. 10(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR GUEST HOUSES AND SECOND UNITS IN THE LOW DENSITY RESIDENTIAL (RL) ZONING DISTRICT 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. 10(2012), adopted June 19, 2012, is hereby extended for 10 months and 15 days. SECTION 2. Purpose and Findings: Urgency. The City's current provisions for permitting guest houses and second units in the Low Density Residential (RL) zoning district have the potential effect of causing the overconcentration of these land uses in certain neighborhoods, and fundamentally transforming the character of these neighborhoods from single-family to multi -family. Moreover, the ongoing foreclosure crisis has created the opportunity for investors to purchase bank -owned properties and construct guest houses or second units on such properties to enhance their rental revenue potential, and thus accelerate this transformation. The secondary impacts of these land uses, particularly pertaining to size, bulk, lot coverage, noise, traffic, parking and law enforcement can be more adequately addressed following review and updating of the City's current regulations. The City is currently studying new development standards and locational criteria for guest houses and second units in order to ensure proper and appropriate regulation of the use and occupancy of single-family properties throughout the city in order to preserve the character of the neighborhoods in which they are located. It is likely that zoning standards for these uses will change as a result of this update. Due to the time 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 in residential zoning districts as of the date of adoption hereof until new permanent regulations are prepared and adopted by the City Council. SECTION 3. Permits Prohibited. The issuance of permits for new guest houses or second units in the RL zoning district 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 guest houses or second units shall be approved or issued in the RL zoning district during the pendency of this Ordinance or any extension thereof. SECTION 4. 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 Page 1 of 2 applicable provisions of law. SECTION 5. 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 6. 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. SECTION 7. California Environmental Quality Act Finding. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA") because this ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines); moreover, this Ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines (Actions by Regulatory Agencies for Protection of the Environment). PASSED, APPROVED AND ADOPTED this 17th day of July, 2012. M Ling -Ling Chang, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Urgency 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 July 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 Page 2 of 2 Attachment 2 ORDINANCE NO. 10 (2012) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF PERMITS FOR GUEST HOUSES AND SECOND UNITS IN THE RL ZONING DISTRICT AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. The City's current provisions for permitting guest houses and second units in the RL zoning district have the potential effect of causing the overconcentration of these land uses in certain neighborhoods, and fundamentally transforming the character of these neighborhoods from single-family to multi -family. Moreover, the ongoing foreclosure crisis has created the opportunity for investors to purchase bank -owned properties and construct guest houses or second units on such properties to enhance their rental revenue potential, and thus accelerate this transformation. The secondary impacts of these land uses, particularly pertaining to size, bulk, lot coverage, noise, traffic, parking and law enforcement can be more adequately addressed following review and updating of the City's current regulations. The City is currently studying new development standards and locational criteria for guest houses and second units in order to ensure proper and appropriate regulation of the use and occupancy of single-family properties throughout the city in order to preserve the character of the neighborhoods in which they are located. It is likely that zoning standards for these uses will change as a result of this update. Due to the time 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 in residential zoning districts 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 new guest houses or second units in the RL zoning district 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 guest houses or second units shall be approved or issued in the RL zoning district 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 Page 1 of 3 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 continued development of guest houses or second units in the RL zoning district pose 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 guest houses or second units that may be inconsistent with new zoning standards currently being developed until those revised standards 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. SECTION 6. 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. SECTION 7. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA") because the proposed code amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines); moreover, this ordinance is also exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines (minor alterations in land use). PASSED, APPROVED AND ADOPTED this 19th day of June, 2012 '; in ng Mayor Page 2 of 3 I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Urgency Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of June, 2012 and Passed, Approved and Adopted by the City Council of the City of Diamond Bar by the following vote: AYES: COUNCIL MEMBERS: Everett, Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera ABSTAINED: COUNCIL MEMBERS: None ;p Tommye Crilfbins, City Clerk City of Diamond Bar Page 3 of 3 CITY COUNCIL Agenda 4 g ,1 Meeting Date: 7/17/12 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man TITLE: FIRST READING OF ORDINANC NO. XX -2012 ADDING SECTIONS 12.00.430, 12.00.440, 12.00.450, and 12.00.460 TO THE DIAMOND BAR MUNICIPAL CODE ESTABLISHING RULES FOR THE SAFE AND HEALTHY OPERATION OF THE DOG PARK AT PANTERA PARK AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. RECOMMENDATION: Staff and the Parks and Recreation Commission recommend the adoption of the dog park rules. FINANCIAL IMPACT: Three signs stating the rules will be posted at the dog park at an approximate cost of $3,000. BACKGROUND: The City Council has authorized the construction of a dog park at Pantera Park. The dog park is scheduled to open by the end of this summer. For the safe and healthy operation of the dog park, and to reduce the City's exposure to liability, it is necessary to develop rules that will be incorporated into the City Municipal Code. The attached draft rules have been developed by staff with input from the following sources: 1. Southern California Joint Powers Insurance Authority 2. City of Diamond Bar City Attorney 3. Inland Valley Humane Society 4. Review of existing dog park rules posted on-line by the following agencies: City of Fullerton, City of San Dimas, City of Claremont, City of Huntington Beach, City of Los Angeles and City of Arcadia. 5. Review of proposed dog park rules by the Parks & Recreation Commission on June 28, 2012 and their unanimous recommendation that they be adopted by the City Council. DISCUSSION: There are twenty-six (26) rules on the attached draft that are recommended for the operation of the dog park. These rules are intended to provide a safe and pleasant experience at the dog park for both users and their dog(s). These rules are very similar to the rules used at dog parks in other cities. After the draft list of rules are additional rules used in some cities. This list was reviewed by the Parks and Recreation Commission at their regular meeting on June 28, 2012, and the Commission decided against adding any of these rules to their recommendation. PREPARED AND REVIEWED BY: P Bob o Director of Community Services Attachments: Draft Dog Park Rules Additional Rules used in some Cities the Council may wish to consider. Proposed Ordinance No. XX -2012 DRAFT DRAFT PROPOSED DOG PARK RULES Draft 7/11/12 Diamond Bar Municipal Code section 12.00.430 Dog Park hours are from one-half hour before sunrise to one-half hour after sunset. The dog park is for use by dog owners and their dogs only. All other activities are prohibited. Handlers may not bring more than three (3) dogs at any one time. Dog owners must leash their dog(s) outside of the fenced area of the dog park. Leashed dogs are not permitted within the fenced area of the dog park. Dog owners using the dog park are using it at their own risk. Dogs with spiked collars are not allowed. The City is not responsible for injuries to owners and dogs or illnesses dogs may contract from other dogs. The City reserves the right to eject anyone from the dog park for violating posted rules. Adults must accompany children under the age of 14 years. Dogs must never be left unattended. All Dogs must wear a current license and vaccination tags. Unruly dogs are not allowed. For purposes of this paragraph, an unruly dog is a dog that consistently exhibits dominant aggression toward other dogs. Female dogs in heat are not allowed. Dogs are allowed only in the area that is designated for their weight class. Small Dogs are under 25 lbs; Large Dogs are 25 lbs and over. Puppies under four months old are not permitted inside the dog park. Dog owners must clean up after their dog(s). Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). No alcohol or drug use is permitted. DRAFT DRAFT No spectators are permitted inside the fenced area of the dog park. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the dog park. No food or eating is allowed in the fenced area of the dog park. Glass containers are not allowed in the fenced area of the dog park. Special events or contests are not allowed in the dog park without first obtaining written authorization from the Community Services Department. Users must obey all other park rules. Failure to follow the rules will subject persons to citation per Diamond Bar Municipal Code section 1.04.010(b). The following information will also be included on the dog park rules signs: Phone Numbers Emergency 911 Community Services Department (909) 839-7060 Parks and Maintenance Services (909) 839-7063 L.A. County Sheriff's Department (909) 595-2264 Inland Valley Humane Society (909) 623-9777 Dog Park is Adjacent to a Wildlife Habitat Hawks, snakes, coyotes, and mountain lions may be present Remain cautious and alert Information: www.citvofdiamondbar.com 909-839-7000 Other Rules Council May Wish to Consider: Certified Service Dogs, of any size, are exempt from "dog size" restrictions and are allowed in any part of the park. Certified Service Dogs, because of the training and testing they receive, are allowed to be with and stay with their owner at all times - anywhere the person is allowed to be. Read more about Certified Service Dogs. Dogs in heat, pregnant or lactating are not permitted inside park. Dogs cannot be left in a vehicle without close supervision. No strollers are allowed in the off -leash areas. Spaying/neutering of dogs is required Please do not allow young children to run and play in the Dog Park as they may easily be accidentally injured by running dogs. Remember, your children have many places to play. The dog park is your four -legged friend's only playground. Children MUST remain with arms reach of a supervising adult at ALL TIMES. This is a dog park, not a playground. It is not fair to dog owners to have to be aware of unsupervised children. Food, dog treats, sports activities, bicycles, dog training or dogs in season are ABSOLUTELY PROHIBITED. Grooming of dogs is prohibited in the dog park Please do not leave valuables in your vehicle; leave them at home or secure them out of view in your vehicle prior to leaving home. Dogs only! Animals other than dogs are not permitted inside the park. This includes but is not limited to: Wolf hybrid, cats, pot bellied pigs, rabbits, ferrets, rats, birds and reptiles. Professional dog trainers/handlers are not permitted to use the facility for instruction Certified Service Dogs PLEASE NOTE: Certified Service Dogs (of any size) are exempt from park "dog size" restrictions and ARE allowed in any part of the park. Certified Service Dogs, because of the training and testing they receive, ARE allowed to be with and stay with their owner at all times — anywhere the person is allowed to be. This means that a large Certified Service Dog is welcome to enter the small dog area with its owner, as long as the owner is there with his small dog pet. That also means that a small Certified Service Dog is welcome to enter the large dog area with its owner, as long as the owner is there with his large dog pet. Denying a disabled person entrance to a public facility because of his service animal is illegal. With that said, any person bringing a small or large Certified Service Dog to Fullerton Pooch Park must make sure the Certified Service Dog is wearing some type of identification stating it is a Certified Service Dog. Please also remember that, although your dog is a Certified Service Dog, 99% of the dogs at Pooch Park are not certified. This means that a large dog may not welcome a small dog (regardless of its certification) into the large dog area. Please carefully consider the situation before entering any area for the safety of all animals and people. To all visitors: if you see a disabled person at the park, please do your best to assist that person. And as always, be kind, be thoughtful and be aware. ORDINANCE NO. XX -2012 AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING THE RULES FOR PUBLICLY - OWNED OR PUBLICLY -OPERATED DOG PARK FACILITIES. The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Purpose. The purpose of this ordinance is to establish rules for the safe and healthy operation of City dog parks. Section 2. Title 12, Chapter 12.00 of the of the Diamond Bar Municipal Code is amended to add thereto new Sections 12.00.430, 12.00.440, 12.00.450 and 12.00.460 to read as follows: "Sec. 12.00.430 Dog Park Rules. The following rules govern the use of dog parks in the City. No person shall violate or allow his or her dog to use a dog park in violation of the following rules: (a) Dog Park hours are from one-half hour before sunrise to one-half hour after sunset. (b) The dog park is for use by dog owners and their dogs only. All other activities are prohibited. No animals aside from dogs are permitted. (c) Handlers may not bring more than three (3) dogs at any one time. (d) Dog owners must leash their dog(s) outside of the fenced area of the dog park. (e) Leashed dogs are not permitted within the fenced area of the dog park. (f) Dogs with spiked collars are not allowed. (g) Adults must accompany children under the age of 14 years. (h) Dogs must never be left unattended. (i) All Dogs must wear a current license and vaccination tags. 0) Unruly dogs are not allowed. For purposes of this paragraph, an unruly dog is a dog that consistently exhibits dominant aggression toward other dogs. (k) Female dogs in heat are not allowed. (1) Dogs are allowed only in the area that is designated for their weight class. Small Dogs are under 25 lbs; Large Dogs are 25 lbs and over. (m) Puppies under four months old are not permitted inside the dog park. (n) Dog owners must clean up after their dog(s). (o) Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s). (p) No alcohol or drug use is permitted. (q) No spectators are permitted inside the fenced area of the dog park. (r) Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the dog park. (s) No food or eating is allowed in the fenced area of the dog park. (t) Glass containers are not allowed in the fenced area of the dog park. (u) Special events or contests are not allowed in the dog park without first obtaining written authorization from the Community Services Department. (v) Users must obey all other park rules. Section 12.00.440. Terms of Use. Dog park users use the dog park at their own risk. The City is not responsible for injuries incurred by or illnesses contracted by persons or dogs as a result of their use of the dog park. Section 12.00.450. Penalties. Violation of Section 12.00.430 or of any provisions thereof shall in addition to any other remedies contained in this code, be deemed an infraction and punishable as provided in Section 1.04.010(b) of the Municipal Code. Any person violating any of the rules set forth in Section 12.00.430 shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the dog park rules is committed, continued, or permitted. The City reserves the right to eject anyone from the dog park for violating posted rules. Section 12.00.460. Signs. Signs shall be posted at the dog park providing reasonable notice of the requirements of Section 12.00.430 and the penalties for failing to comply with the requirements of that section." PASSED, APPROVED AND ADOPTED this _ day of 2012. Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY COUNCIL TO: Honorable Mayor and Members of the City Council Walk-on Agenda # 8.2 Meeting Date: 7/17/2012 AGENDA REPORT FROM: James DeStefano, City Man Jr TITLE: REJECTION OF BID FROM KOR X, INC FOR THE CONSTRUCTION OF THE ACCESSIBLE WALKWAY AT THE PANTERA PARK DOG PARK DUE TO CONTRACTOR'S FAILURE TO CONSUMMATE THE TERMS REQUIRED BY THE PROJECT SPECIFICATIONS WITHIN THE SPECIFIED TIMEFRAME, ALSO, REJECT ALL OTHER BIDS SUBMITTED FOR THIS PROJECT AND DIRECT STAFF TO TAKE THIS PROJECT BACK OUT TO BID. RECOMMENDATION: Reject bid from Kormx, reject all other bids, and go back out to bid. FINANCIAL IMPACT: The cost to re -bid this project will be about $750 to reproduce the plans and specifications and to re -advertise for bids. BACKGROUND: On June 5, 2012, the City Council awarded a contract to Kormx, Inc. to construct the accessible walkway at the Pantera Park Dog Park. Paragraph 16, page 9 of the specifications requires the contractor to: "secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award" Written notice of the award was sent to Kormx, Inc. in a letter dated June 7, 2012 from the City Clerk's office. As of the time this report was written, the contractor had failed to submit the required bonds to the City of Diamond Bar. This failure on the contractor's park is just cause for the City Council to annul the award. DISCUSSION: The action staff is requesting City Council to take in this report will delay the construction of the dog park by several months. Staffs goal was to have the dog park open to the public by the end of August. If staff is directed to take this project back out to bid, the estimated opening date could be as late as December 1, 2012, per the following time line:. Bid Dates: July 18 —August 14, 2012 Mandatory Site Visit by Contractors: Thursday, August 2, 2012 Bid Opening Date: Tuesday, August 14, 2012 Award of Contract by City Council: Contract Execution: Pre -Construction Meeting: Construction Period: Open to the Public: Tuesday, August 21, 2012 by August 31, 2012 by September 14, 2012 by October 1 thru October 30, 2012 between November 17 and December 1 Staff is anticipating that there may be some delays in completing construction within the 30 -day contract period due to inclement weather or unknown conditions encountered by the contractor at the construction site. REPORT COMPLETED AND REVIEWED BY: Director of Community Services REVIEWED BY: Tommyd Cribbins City Clerk Attachments: Notification of Award of Contract to Kormx, Inc. dated June 7, 2012 Bid Opening Results dated May 22, 2012 Ling -Ling Chang Mayor Jack Tanaka Mayor Pro Tem Ron Everett Council Member Carol Herrera Council Member Steve Tye Council Member June 7, 2012 City of Diamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 Kormx, Inc. 19314 Avenida del Sol Walnut, California 91789 Gentlemen: (909) 839.7000 • Fax (909) 861-3117 www.DiamondBarCA.gov It is a pleasure to inform you that at their meeting held June 5, 2012 the Diamond Bar City Council awarded a contract to Kormx, Inc. for furnishing labor, equipment and material forthe Construction of Accessible Walkway to Pantera Dog Park in the amount of $96,875. Enclosed are two originals of the Agreement for your signature. Please sign both documents and return them to this office for full execution by tle Mayor and City Clerk. Once fully executed, a copy of the Agreement will be returned to you for your records. Also, prior to full execution of the Agreement, it is requested that all Insurance Certificates, Bonds and Additional Insured Endorsements be provided. Enclosed is a copy of the contract for your convenience in providing the necessary documentation to your insurance provider. If you have any questions or concerns, please feel free to contact the undersigned (909) 839-7010 or Bob Rose, Community Services Director at (909)839-7060. Thank you in advance for your courtesy in this matter. Sincerely, Tommye' Cribbins City Clerk Encs. (3) c: Bob Rose, Community Service Director a LL LL U, M C z3 ®z W ®® LL J ® aa� 00 ca In > cn z $ w fa fa I H v ro I mono M-0 b Ev� o I a 00 I m o m o LL ( o b Q Ca t9O Z M� \ �/J ro o LH 0 N , >1 U N A S U41 r. � � Y U Lli 0 ZZ I� U w a n 0 IL O C5 i a TO: CITY CLERK y FROM: / r' 17 % DATE: ADDRESS: 5 7� /�� PHONE: ORGANIZATION: % D' AGENDA#/SUBJECT: &✓l -PJ m .� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �I –' Signature This document is a public record subject to disclosure under the Public Records Act. II I i.I �I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK( I/ 7 FROM: >�QVeAl ' f G1 DA DATE: -7/ j ADDRESS: ZG1U2-/1�£CGPG(it I PHONE: ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. i Signature—- This document is a public record subject to disclosure under the Public Records Act. - Le- be spilt c% - VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK IT FROM: l 6bA0- DATE: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: (, aimu+ q—lq _0 PHONE: i / ql— 7aL ri� o 404w .�, U b.;%r Rif Lc L, -- I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.