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
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DLIMOSD 6dR
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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EXHIBIT "B-2" SHEET 1 OF 1 SHEET
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 39
FISCAL YEAR 2012-2013
FOR THE
CITY OF DIAMOND BAR
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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.
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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
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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
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