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10/02/2012
v •sa•••v••w City Council Agenda Tuesday, October 2, 2012 5:30 p.m., Study Session — Room CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Ling -Ling Chang Jack Tanaka Mayor Mayor Pro Tem Ron Everett Carol Herrera Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. I lave online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. y CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 2, 2012 Next Resolution No. 2012-46 Next Ordinance No. 12 (2012) STUDY SESSION: 5:30 p.m., Room CC -8 ► a) SR -60 Freeway/Lemon Avenue Partial Diamond Interchange Project Update. b) Regional Freeway and Transportation Project Updates and Presentation of MAP -21. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA 6:30 p.m. Mayor Pastor Bob Stebe Northminister Presbyterian Church Council Members Everett, Herrera, Tye, Mayor Pro Tem Tanaka, Mayor Chang Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Los Angeles County Sheriffs Department Diamond Bar/Walnut Sub -Station on its 25th Anniversary. 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. October 2, 2012 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Updates of Regional Freeway and Transportation Projects and Presentation of the Freight Provision of MAP -21. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 9, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — October 11, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 16, 2012 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of September 18, 2012 — Approve as submitted. 6.2 Ratification of Check Register — Dated September 13, 2012 through September 26, 2012 totaling $767,715.20. Requested by: Finance Department 6.3 Treasurer's Statement— Month of August, 2012. Recommended Action: Approve. Requested by: Finance Department October 2, 2012 PAGE 3 6.4 Approve Notice of Completion for the Copley Drive Bus Stop Relocation Project. Recommended Action: Approve. Requested by: Public Works Department 6.5 Approve Memorandum of Understanding (MOU) with the City of Industry for the Right -of -Way Activities for the Construction of a New Freeway Interchange at Lemon Avenue on State Route 60. Recommended Action: Approve. Requested by: Public Works 6.6 Adopt Resolution No. 2012 -XX: Approving the Application for $158,646 of Land and Water Conservation Grant Funds, Which if Awarded, Requires a $158,646 Match from the City, for Development of the Peterson Park Trail. Recommended Action: Adopt. Requested by: 6.7 Accept Resignation of Kevin House as a Member of the Traffic and Transportation Commission and Direct the City Clerk to Advertise to Fill the Unexpired term. Recommended Action: Accept and Direct. Requested by: Council Member Herrera 6.8 Adopt Resolution No. 2012 -XX: Approving Final Parcel Map No. 71362, for the Subdivision of an Existing 3.07 Acres Vacant Lot into 2 Single Family Residential Lots, Located at 2127 Derringer Lane (APN 8713-034-030); Authorize the Mayor to Execute a Subdivision Agreement and Direct the City Clerk to Process the Final Map. Recommended Action: Adopt, Execute and Direct. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. October 2, 2012 PAGE 4 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: In Memory of long time resident Cathy Johnson. Agenda No. 6.1 (Amended) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 18, 2012 CALL TO ORDER: Mayor Pro Tem Jack Tanaka called the Regular City Council meeting to order at 6:33 p.m. in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, CA. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE: Presentation of Colors and Pledge of Allegiance by Boy Scout Troop 730. INVOCATION: Pastor Randy Lanthripe, Church in the Valley, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve Tye, Mayor Pro Tem Jack Tanaka. Absent: Mayor Ling -Ling Chang was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Tanaka presented a Certificate of Recognition from the City of Diamond Bar, and Field Representative Dickie Simmons, Los Angeles County Supervisor Don Knabe's Office, presented a Certificate of Accomplishment, to Chaparral Middle School student Justin Chuang, for winning the Diamond Bar Friends of the Library "2012 Inland Valley Regional Spelling Bee" and for his participation in the Scripps National Spelling Bee in Washington, DC. Sherman Griffone, Diamond Bar Friends of the Library, congratulated Justin Chuang on his accomplishments. 1.2 C/Tye presented a Certificate of Recognition to the "Moms Out of Control" dance team for becoming National Champions at the Star System National Talent Competition in Las Vegas, Nevada. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that with respect to economic development activities, the City is witnessing a slight improvement in the economy. As a result, some of the City's vacant spaces are beginning to fill up. CM/DeStefano stated that staff is pleased to report that the Diamond Hills Shopping Center (Country Hills Towne Center) in the South Diamond Bar Boulevard area is now 100 percent leased. There will be a change at the SEPTEMBER 18, 2012 PAGE 2 3 13 R1 shopping center later this year with Chase Bank moving in. CITY COUNCIL CM/DeStefano further reported that the Carrows Restaurant on Golden Springs Drive closed and undergoing demolition which will ultimately transform the restaurant into a "Ranch House Grill", a new concept for Carrows and Coco's in southern California. DB will boast the No. 2 store which will ultimately become a part of about a 40 store chain within the Southern California region. PUBLIC COMMENTS: Miss Diamond Bar and members of her court announced that the Princess Party will be held this Saturday from 1:00 to 3:00 p.m. at the Diamond Bar Library. They thanked the City Council for its support of the Miss Diamond Bar Pageant over the years and presented the City Council with a Certificate of Appreciation. Melissa Howard, 1133 Greycloud Lane, invited residents to the Pop Warner Football League's Bingo Fundraiser at the Diamond Bar Golf Course on Friday, October 5 from 6:00 to 11:00 p.m. RESPONSE TO PUBLIC COMMENTS: None [*YyCl=IBill 4MKS] aVi01;7NoZky/=IZ1&-'3 5.1 Planning Commission Meeting — September 25, 2012 — 7:00 p.m., Windmill Room, Diamond Bar City Hall, 21810 Copley Drive. (Canceled) 5.2 Parks and Recreation Commission Meeting — September 27, 2012 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 2, 2012 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:M/Chang 6.1 CITY COUNCIL MINUTES — Regular Meeting of August 21, 2012 — Approved as submitted. SEPTEMBER 18, 2012 PAGE 3 CITY COUNCIL 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of July 26, 2012. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of June 12, 2012. 6.4 RATIFIED CHECK REGISTER Dated August 16, 2012 through September 12, 2012 totaling $2,311,849.68. 6.5 APPROVED TREASURER'S STATEMENT — Month of July 2012. 6.6 ADOPTED RESOLUTION NO. 2012-45: APPROVING THE ADOPTION OF A YOUTH EMPLOYMENT PLAN FOR THE REGIONAL PARK AND OPEN SPACE DISTRICT EXCESS FUNDS — CITY'S GRANT PROGRAM FOR SILVERTIP MINI PARK. 6.7 RECEIVED AND FILED GENERAL PLAN STATUS REPORT FOR 2012 AS REVISED (PAGES 4, 9 AND 14). 6.8 ADOPTED FAIR POLITICAL PRACTICES FORM 806 (AGENCY REPORT OF PUBLIC OFFICIAL APPOINTMENTS) AND DIRECTED THE CITY CLERK TO PLACE THE FORM ON THE CITY'S WEBSITE. 7. PUBLIC HEARING: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye felt that there was nothing better than hearing that a Shopping Center in DB is 100 percent occupied. It was not so many years ago that the City was looking at that center and wondering what the City could do with it. It took an innovative developer with a vision of what could be accomplished at that location and a staff that worked closely with the developer to streamline processes so the City could have the results it enjoys today. He remembered when the Super HMart was dedicated and that he never thought he would look at that shopping center and think there was not enough parking. It is exciting to see that they are 100 percent occupied and he asked the residents to continue to shop and support all of the retailers in DB whenever possible. As the City's representative to the Vector Control District, last week the District heard a report on West Nile Virus and the problems associated including the outbreak in Texas and Southern California. If anyone sees an opportunity to mediate such things as water in a gutter or an abandoned swimming SEPTEMBER 18, 2012 PAGE 4 CITY COUNCIL pool, please call the Vector Control District for appropriate action at 562- 944-9656. C/Everett reported on his attendance at the Second Annual City Economic Development Conference sponsored by the LA Division of the California League of Cities and the Innovative Sustainability Strategies for Local Economic Development Conference held on August 22 and the inaugural San Gabriel Valley Water Forum on Tuesday, August 28. He congratulated the newest Eagle Scout Benjamin Hwang whose project was Bat houses to encourage the positive contribution of bats in our region. C/Everett reported that the DB Day at the Fair held on Thursday, September 6 was a great success and thanked Chairman Jack Tanaka, this year's Diamond Bar Fair Committee, Fair staff and staff from the City of DB on Diamond Bar Day at the Fair as well as congratulated DB heroes Richard Malooly, Chen Pagan and Josh Chen. He attended two Neighborhood Watch preparedness presentations by Deputy Mark St. Amant, on Willow Creek Road and Wayside Place. Yesterday he attended a presentation sponsored by State Senator McLeod and State Senator Bob Huff that included presentations by California Health Advocates for seniors, the Contractors State License Board, the Department of Corporations and the Public Utilities Commission. C/Herrera thanked Miss Diamond Bar and her court for all they do attending different events throughout the City because they are wonderful ambassadors for the City's youth and young adults. The City Council appreciates all of the work they do to make DB better. Yesterday she attended the Four Corners Coalition and the Four Corners Transportation Policy Committee, public organizations that DB was very instrumental in creating which includes the Counties of Los Angeles, Orange, San Bernardino and Riverside. It is important to continue to participate in these types of organizations because DB is at the crossroad intersection of these counties and is certainly impacted by traffic and other related issues. In order to get correction and remediation it is important to participate with other cities and other organizations and she hopes DB will continue to participate in the future. DB has exhibited a great deal of leadership and she hopes it continues. MPT/Tanaka thanked Boy Scout Troop 730 for presenting the Colors and leading the Pledge of Allegiance this evening as well as the parents and leaders who are present this evening. He thanked Miss Diamond Bar and her court for presenting the City Council with a plaque. Last month was the final concert for this season's Concerts in the Park and Movies under the Stars, another great season of fine music and movies. Miss Diamond Bar and her court did an outstanding job of selling popcorn during the past seven weeks. Last Saturday he installed new officers for the Business Partners Networking Group. On Sunday, August 26 he attended an Eagle Court of Honor held in honor of DB's newest Eagle Scout, Benjamin SEPTEMBER 18, 2012 PAGE 5 CITY COUNCIL Hwang from Troop 730 who earned a record 52 merit badges. He attended the 2012 San Gabriel Valley Water Forum and on Thursday, September 6 he attended the DB Day at the LA County Fair. He congratulated DB heroes, Richard Malooly, Orien Pagen and Josh Chin. On Saturday, September 8 the Diamond Bar Community Foundation held its Fundraiser with food trucks at Lorbeer Middle School. On Wednesday, September 12 he attended a Neighborhood Watch Meeting on Wayside Place. On Thursday, September 13 he bid farewell and best wishes to longtime Public Information Specialist Lauren Hidalgo who moved on to a new job at Presbyterian Intercommunity Hospital in Whittier. Next Tuesday, September 25 the DB Golf Course will host an open house from 5:00 to 8:00 p.m. ADJOURNMENT: With no further business to conduct, MPT/Tanaka adjourned the Regular City Council Meeting at 7:10 p.m. in memory of Claudette Smith, Council of African-American Parents founding member and longtime DB resident. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2012. LING -LING CHANG, MAYOR CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man ig TITLE: Ratification of Check Register dated'September 13 September 26, 2012 totaling $ 767,715.20. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 767,715.20 in City funds. Agenda # 6 9 Meeting Date: October 2nd, 2012 AGENDA REPORT 2012 through BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated September 13, 2012 through September 26, 2012 for $ 767,715.20 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 — 09/13/12 through 09/26/12. 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 September 13, 2012 through September 26, 2012 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Integrated Waste Mgt Fund AB2766-Air Qlty Mgt Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: Dianna Honeywell Finance Director Amount $583,707.43 $105,622.95 $10,825.10 $9,435.15 $1,347.50 $593.65 $20,015.39 $11,123.38 $4,268.15 $20,776.50 $767,715.20 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2012 1 100893 JACCESS CONTROL SECURITY ISECURITY SVCS -DBC 0015333 45010 1 1,025.55 $1,025.55 9/13/2012 100894 JOYCEAGUEBOR FACILITY REFUND -DBC I 001 1 36615 1 400.00 $400.00 9/13/2012 100895 OLAYINKAALABI FACILITY REFUND -DBC 001 23002 700.00 $598.00 9/13/2012 OLAYINKAALABI FACILITY CHRGS-DBC - 001 36615 -102.00 9/13/2012 1 100896 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-AUG 2012 0014090 1 42100 1 759.61 $759.61 9/13/2012 DAY LITE MAINTENANCE CO INC MONTHLY MAI NT -SEPT 0014093 42210 96.00 9/13/2012 1 100897 ARTESIA ICE SKATING TRAINING CTR LL ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 78.00 $78.00 9/13/2012 1 100898 BEAR STATE AIR CONDITIONING SVCS IN HVAC SVCS -DBC 0015333 1 45300 1 722.02 $722.02 9/13/2012 1 100899 BEE REMOVERS BEE SVCS -21660 COPLEY DR 1385538 1 42210 1 105.00 $105.00 9/13/2012 100900 BENESYST 9/14/12-P/R DEDUCTIONS 1 001 1 21105 1 960.791 $960.79 9/13/2012 1 100901 BENESYST FLEXADMIN SVCS 0014060 42346 100.00 $100.00 9/13/2012 100902 JOHN E BISHOP CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 291.60 $291.60 9/13/2012 100903 CHEMSEARCH SUPPLIES -DBC 0015333 41200 399.32 $399.32 9/13/2012 1 100904 CITY OF SIGNAL HILL MEMBERSHIP DUES -FY 12/13 0015510 1 44240 1 17,845.00 $17,845.00 9/13/2012 1 100905 ICLEARWIRE LLC REFUND -FPL 2009-366 001 23010 440.45 $440.45 9/13/2012 1 100906 SANDRA COVARRUBIAS FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 9/13/2012 100907 MICHELLE DANGANAN RECREATION REFUND 001 34780 1 62.00 $62.00 9/13/2012 100908 DAY LITE MAINTENANCE CO INC MONTHLY MAI NT -CITY HALL 0014093 42210 96.00 $192.00 9/13/2012 DAY LITE MAINTENANCE CO INC MONTHLY MAI NT -SEPT 0014093 42210 96.00 9/13/2012 1 100909 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 1 44000 1 100.00 $100.00 9/13/2012 1 100910 DH MAINTENANCE JANITORIAL SVCS-C/H, LBRY 0014093 1 42210 1 6,500.00 $19,486.00 Page 1 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total CheckAmount 9/13/2012 9/13/2012 100910... DH MAINTENANCE DH MAINTENANCE JANITORIAL SVCS -DBC JANITORIAL SVCS -PARKS 0015333 0015340 45300 42210 12,250.83 735.17 $19,486.00 ... 9/13/2012 100911 DIAMOND BAR BREAKFAST LIONS MTG-COUNCIL 0014010 42325 25.00 $50.00 9/13/2012 1 DIAMOND BAR BREAKFAST LIONS MTG-CMGR 0014030 42325 1 25.00 9/13/2012 100912 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 218.81 $344.12 9/13/2012 1 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 - 34.97 9/13/2012 100915 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 52.37 $271.88 9/13/2012 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 37.97 9/13/2012 100913 DIAMOND BAR MOBIL FUEL -COMM SVCS 00153111 42310 286.53 $338.70 9/13/2012 1 IDIAMOND BAR MOBIL SUPPLIES -PROPANE 0015350 41200 1 52.17 9/13/2012 100914 KATHY DOENHOEFER RECREATION REFUND 001 34730 40.00 $40.00 9/13/2012 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2012-471 001 23010 17.75 9/13/2012 100915 DOGGIE WALK BAGS INC BAGS -PARKS 0015340 1 41200 271.88 $271.88 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 9/13/2012 100916 EDUCATION TO GO CONTRACT CLASS -SUMMER 0015350 1 45320 60.00 $60.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 225.00 9/13/2012 100917 EMERALD LANDSCAPE SERVICES INC LANDSCAPE MAINT-SEPT 0014093 1 45300 816.00 $816.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 9/13/2012 1 100918 JOSUE PABLO ESPINO ENG SVCS -WK 9/7 0015210 1 44000 3,002.00 $3,002.00 9/13/2012 100919 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2012-471 001 23010 17.75 $48.35 9/13/2012 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2012-471 001 23010 17.75 9/13/2012 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 12.85 9/13/2012 100920 EXTERMINETICS OF SO CAL INC PEST CONTROL -CITY HALL 0014093 42210 65.00 $1,000.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL-C/HALL PRKNG 0014093 42210 50.00 911312012 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 _ 50.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -PETERSON 0015340 42210 225.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL -HERITAGE 0015340 42210 40.00 9/13/2012 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 Page 2 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 9/13/2012 1 100920... 1EXTERMINETCS OF SO CAL INC PEST CONTROL-LORBEER SCH 0015340 1 42210 425.00 9/13/2012 100921 FEDEX EXPRESS MAIL -FPL 11-45 1125553 1 23010 1 29.84 $29.84 9/13/2012 1 METROLINK CITY SUBSIDY-JUL 1125553 45533 1 20,023.25 9/13/2012 100922 JOCELYN GARDUNO FACILITY REFUND-PANTERA 001 23002 50.00 $50.00 9/13/2012 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 29.91 9/13/2012 1 100923 PAUL GHOTRA FACILITY REFUND -DBC 001 36615 400.00 $400.00 9/13/2012 1 100924 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 0014070 44000 1,425.00 $1,425.00 9/13/2012 1 100925 GRAFFITI CONTROL SYSTEMS GRAFFITI SVCS -AUG 2012 0015230 45520 4,940.00 $4,940.00 9/13/2012 1 100926 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 41200 5.37 $5.37 9/13/2012 1 100927 SOPHIA, KHAN RECREATION REFUND 001 34780 1 84.00 $84.00 9/13/2012 1 100928 LEAGUE OF CALIFORNIA CITIES MTGS-CMGR, CNCL 0014010 1 42325 1 180.00 $180.00 9/13/2012 1 100929 IKENNETH MACH FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 9/13/2012 1 100930 RYAN MCLEAN REIMB-LOC CONE 0014030 1 42335 1 94.62 $94.62 9/13/2012 100931 METROLINK METROLINK PASSES-JUL 1125553 45535 73,537.25 $93,560.50 9/13/2012 1 METROLINK CITY SUBSIDY-JUL 1125553 45533 1 20,023.25 9/13/2012 1 100932 IMINAGAR &ASSOCIATES INC MEDIAN PROJ-DBB/C/CREEK 2505510 1 46416 1 1,200.00 $1,200.00 9/13/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 45.46 9/13/2012 1 100933 NEXTEL COMMUNICATIONS A/R CHRGS-P/W,C/S,C/D 0014090 1 42125 1 555.13 $555.13 9/13/2012 100934 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 286.06 $300.61 9/13/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 45.46 9/13/2012 OFFICEMAX INC MEMO CREDIT -COMM SVCS 0015310 41200 -60.82 9/13/2012 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 29.91 9/13/2012 100935 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.06 $129.43 9/13/2012 ORKIN PEST CONTROL INC PEST CONTROL -DIST 38 1385538 45500 1 63.37 Page 3 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 9/13/2012 1 100936 CHRISTOPHER OYPRASIT IFACILITY REFUND-SYC CYN 001 23002 50.001 $50.00 9/13/2012 100937 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $12,279.90 9/13/2012 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 12,234.33 1 9/13/2012 1 100938 ALICE PALMER FACILITY REFUND-SYC CYN 001 23002 1 50.001 $50.00 9/13/2012 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014090 42110 346.91 9/13/2012 1 100939 KIRTY POPAT FACILITY REFUND -DBC 001 1 23002 1 500,001 $500.00 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.41 9/13/2012 1 100940 PROTECTION ONE INC SUPPLIES -CITY HALL 0014093 1 41200 1 25.55 $25.55 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 30.73 9/13/2012 1 100941 QUINN RENTAL SERVICES EMERGENCY GENERATOR 1 0014093 1 46220 1 127,519.00 $127,519.00 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 247.89 9/13/2012 1 100942 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -AUG 12 0014096 1 45000 1 1,000.00 $1,000.00 9/13/2012 100943 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014090 42110 212.06 $558.97 9/13/2012 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014090 42110 346.91 9/13/2012 1 100944 JOHN ROJAS FACILITY REFUND -DBC 001 1 23002 1 350.001 $350.00 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 670.02 9/13/2012 100945 SCHORR METALS INC SUPPLIES -CITY HALL 0014093 1 41200 1 105.98 $105.98 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.41 9/13/2012 1 100946 SO COASTAIR QUALITY MGT DISTRICT FACILITY RENTAL-MTG RM 1 0014090 1 42140 1 2,000.00 $2,000.00 9/13/2012 100947 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 59.98 $1,551.94 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 670.02 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 55.08 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 23.41 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 24.91 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 30.73 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 439.92 9/13/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 247.89 9/13/2012 100948 SPARKLETTS EQ RENTAL-SYC CYN 0015340 42130 12.00 $132.49 9/13/2012 SPARKLETTS SUPPLIES -WATER SYC CYN 0015340 41200 117.48 9/13/2012 SPARKLETTS SVCS CHRGS-SYC CYN 0015340 42130 3.01 Page 4 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct# I Amount I Total Check Amount 9/13/2012 100949 SPRINT NEXTEL REFUND -FPL 2009-358 1 001 1 23010 1 1,830.00 $1,830.00 9/13/2012 - TSR CONSTRUCTION RELOCATION PROJ-B/STOP 2505510 46412 10,810.00 9/13/2012 1 100950 GLENN STEINBRINK PROF.SVCS-FINANCE WK 9/6 0014050 1 44000 1 850.00 $850.00 9/13/2012 1 100951 STUDENT TRANSPORTATION OF AMERICA TRANSPORTATION-D/CAMP 1125350 1 45310 1 5,350.00 $5,350.00 9/13/2012 100952 SUSTAINABLE ENVIRONMENTAL MNGMT COM CONSULTING SVCS -AUG 1155515 1 44000 1 550.001 $550.00 9/13/2012 1 100953 ITHE COMDYN GROUP INC CONSULTING SVCS -WK 8/24 1 0014070 1 44000 1 1,591.86 $1,591.86 9/13/2012 1 100954 THE MULLER CO REVIEW FEE -GATEWAY CTR 0014030 1 44000 1 350.00 $350.00 9/13/2012 1 100955 THE SAN GABRIEL VALLEY NEWSPAPER GR SUBSCRIPTION RENEWAL 0014090 1 42320 1 271.20 $271.20 9/13/2012 1 100956 ELVIRATREVINO RECREATION REFUND 1 001 1 34780 1 85.00 $85.00 9/13/2012 1 100957 TRI -CITIES POOL SERVICE & REPAIR MONTHLY MAINT-DBC AUG 0015333 1 45300 1 160.00 $160.00 9/13/2012 100958 TSR CONSTRUCTION RETENTIONS PAYABLE 250 20300 -690.50 $13,119.50 9/13/2012 - TSR CONSTRUCTION RELOCATION PROJ-B/STOP 2505510 46412 10,810.00 9/13/2012 100962 TSR CONSTRUCTION RELOCATION PROJ-B/STOP 2505510 46412 3,000.00 $112.05 9/13/2012 100959 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC 0015333 45300 5,645.47 $30,249.58 9/13/2012 - VALLEY CREST LANDSCAPE. MAINT INC LANDSCAPE MAINT-PARKS 0015340 45300 24,604.11 9/13/2012 100960 VANTAGEPOINTTRNSFRAGNTS-303248 9/14/12 -LOAN DEDUCTIONS 001 211081,676.47 100.00 $26,540.74 9/13/2012 VANTAGEPOINTTRNSFRAGNTS-303248 9/14/12-P/R DEDUCTIONS 001 21108 24,864.27 9/13/2012 1 100961 DEVON VASQUEZ FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 9/13/2012 1 100962 VISION INTERNET PROVIDERS INC PROG MAINT-E-NOTI FI CATION 1 0014095 1 44000 1 112.05 $112.05 9/13/2012 1 100963 IW.W. GRAINGER INC. SUPPLIES -DBC 0015333_F41200 355.451 $355.45 9/13/2012 1 100964 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 11774.37 $1,774.37 Page 5 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2012 9/13/2012 100965 WAXIE SANITARY SUPPLY WAXIE SANITARY SUPPLY SUPPLIES -CITY HALL SUPPLIES -DBC 0014093 0015333 41200 41200 852.71 906.61 $1,759.32 9/13/2012 1 100966 WELLDYNERX SHARPS PROG ADMIN FEE 1155515 1 44000 1 48.48 $48.48 9/20/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-773 001 23012 378.00 9/13/2012 1 100967 1CLEMENTYEH FACILITY REFUND-PANTERA 001 23002 50.001 $50.00 9/13/2012 100968 FRANCIS ZAPANTA IFACILITY REFUND -DBC 001 1 23002 650.00 $650.00 9/13/2012 1 100969 OIANG ZHOU FACILITY REFUND-SYC CYN 001 23002 1 50.001 $50.00 9/20/2012 1 100970 RUDYABUTALEB VOLUNTEEN STIPEND 0015350 1 45300 1 25.001 $25.00 9/20/2012 100971 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 12-773 001 23012 2,100.00 $2,100.00 9/20/2012 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-773 001 23012 378.00 9/20/2012 100973 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEES -EN 12-773 001 34650 -378.00 $400.00 9/20/2012 1 100972 LYDIAALVAREZ FACILITY REFUND -DBC 001 1 23002 1 500.00 $500.00 9/20/2012 1 100973 JURBANOANTILLON FACILITY REFUND -DBC 001 1 36615 1 400.001 $400.00 9/20/2012 1 100974 ARC IMAGING RESOURCES PRINTER MAINT-I.T. 0014070 1 42205 1 5.06 $5.06 9/20/2012 1 100975 PAMELAAVERY FACILITY REFUND-SYC CYN 001 1 23002 1 50.00 $50.00 9/20/2012 1 100976 ANGELICAAVILES RECREATION REFUND 001 34780 1 97.00 $97.00 9/20/2012 1 100977 JULIANAGAMBOA VOLUNTEEN STIPEND 0015350 45300 1 35.00 $35.00 9/20/2012 1 100978 BEAR STATE AIR CONDITIONING SVCS IN HVAC MAINT-DBC SEPT 0015333 45300 1 773.00 $773.00 9/20/2012 1 100979 ERIKA BECERRA FACILITY REFUND-SYC CYN 001 23002 1 50.00 $50.00 9/20/2012 1 100980 AMANDA BELTRAN IVOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 100981 IRICK BETACOURT PROF.SVCS-LIBRARYG/OPEN 0014095 1 44000 1 375.001 $375.00 Page 6 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total CheckAmount 9/20/2012 1 100982 JAISHWARYA BHUPATIRAJU VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.001 $30.00 9/20/2012 1 100983 CARLY BUCK VOLUNTEEN STIPEND 0015350 45300 35.001 $35.00 CALIFORNIA COMMERCIAL LIGHTING SPPL LIGHTS -DBC 0015333 41200 151.17 1 9/20/2012 1 100987 9/20/2012 100984 LAUREN BURDSALL VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2012 100985 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -COMM SVCS 0015340 41200 716.44 $867.61 9/20/2012 CALIFORNIA COMMERCIAL LIGHTING SPPL LIGHTS -DBC 0015333 41200 151.17 1 9/20/2012 1 100986 CALIFORNIA MUNICIPAL TREASURERS MTG-DOYLE,MCLEAN 1 0014030 1 42325 1 50.00 $50.00 9/20/2012 1 100987 CDW GOVERNMENT COMP MAI NT-I.T. 0014070 1 42205 1 198.911 $198.91 9/20/2012 1 100988 MINI CHADHA FACILITY REFUND -DBC 001 36615 1 400.00 $400.00 9/20/2012 1 100989 CHRISTOPHER CHEBAT VOLUNTEEN STIPEND 1 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 100990 CAROLINE CHEN VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 100991 MEGAN CHEN VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 100992 CARINACHING FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 9/20/2012 1 100993 JUSTIN CHING VOLUNTEEN STIPEND 1 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 100994 BARBIE CHIU VOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 100995 ANDREW CHOI VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 100996 STEPHANIE CHOW VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 100997 RICK CHUANG VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 100998 COZETTACOHEN FACILITY REFUND-PANTERA 001 23002 1 100.00 $100.00 9/20/2012 1 100999 COMMUNITY INDUSTRIES I PARKWAY MAI NT -AUG 0015558 1 45503 1 1,982.76 $1,982.76 Page 7 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 9/20/2012 1 101000 IPAUL CORNEJO IFACILITY REFUND -DBC 001 1 23002 1 350.00 $350.00 9/20/2012 101001 CA PARK & RECREATION SOCIETY MTGS-COMM SVCS 0015310 1 42325 1 175.00 $175.00 9/20/2012 DIAMOND BAR SOCCER LEAGUE FOOD REIMB-CONCERT 0015350 45305 72.00 9/20/2012 1 101002 DAY & NITE COPY CENTER PRINT SVCS -COM DEV 0015210 1 42110 1 265.18 $265.18 9/20/2012 1 101003 CAROL DENNIS PROF.SVCS-T & T MTG 0015510 44000 125.00 $125.00 9/20/2012 1 101004 IDEPARTMENT OF JUSTICE EMPLOYMENT PHYSICALS 0014060 42345 64.00 $64.00 9/20/2012 1 101005 IDFS FLOORING CORP CARPET MAINT-DBC JUL 0015333 1 42210 1 790.00 $790.00 9/20/2012 1 101006 DIAMOND BAR COMMUNITY FOUNDATION AD-JUL/AUG/SEPT/OCT 0014095 42115 1,300.001 $1,300.00 9/20/2012 1 101007 DIAMOND BAR MOBIL VEH MAINT-COMM SVC 0015350 42200 33.19 $33.19 9/20/2012 101008 DIAMOND BAR SOCCER LEAGUE FOOD REIMB-CONCERT 0015350 45305 20.00 $292.00 9/20/2012 DIAMOND BAR SOCCER LEAGUE FOOD REIMB-CONCERT 0015350 45305 72.00 9/20/2012 101010 DIAMOND BAR SOCCER LEAGUE FOOD REIMB-CONCERT 0015350 45305 200.00 $25.00 9/20/2012 1 101009 GERALDINE DIAZ FACILITY REFUND -DBC 001 23002 1 100.00 $100.00 9/20/2012 101010 FEMININE DIEGO VOLUNTEEN STIPEND 0015350 1 45300 1 25,001 $25.00 9/20/2012 101011 JULIA DIEGO VOLUNTEEN STIPEND 0015350 1 45300 1 20.001 $20.00 9/20/2012 1 101012 NICO DI DONATO IVOLUNTEEN STIPEND 0015350 45300 35.00 $35.00 9/20/2012 1 101013 TONY DI DONATO IVOLUNTEEN STIPEND 0015350 1 45300 1 35.001 $35.00 9/20/2012 101014 ASHLEY ELLIS IVOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101015 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLOYMENT CHARGES 1 0014060 1 40093 1 8,156.00 $8,156.00 9/20/2012 101016 ENNIS TRAFFIC SAFETY SOLUTIONS PAINT -ROAD MAINT 0015554 1 41250 1 292.761 $292.76 9/20/2012 1 101017 ESRI INC ANNL MAINT-I.T. 1 0014070 1 42205 1 7,264.53 $12,107.53 Page 8 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 9/20/2012 1 101017... ESRI INC ANNL MAINT-I.T 1135553 1 42205 1 4,843.001 $12,107.53... 9/20/2012 1 101018 EXTERMINETICS OF SO CAL INC PEST CONTROL -FOREST CYN 0015340 42210 125.00 $125.00 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-732 001 23012 101.25 9/20/2012 1 101019 FEHR& PEERS TRFFC ENG-SR57160 0015554 44520 1 9,308.83 $1,308.83 9/20/2012 HALL & FOREMAN, INC. PROF.SVCS-EN 07-560 001 23012 986.25 9/20/2012 1 101020 FLINTTRADING INC SUPPLIES -RD MAINT 0015554 1 41250 1 2,310.64 $21310.64 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 07-560 001 34650 -177.53 9/20/2012 1 101021 FRANK FREYNE IFACILITY REFUND -DBC 001 1 23002 1 loo.0ol $100.00 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-747 001 23012 47.07 9/20/2012 1 101022 GG ONE SOFTWARE INC COMP MAINT-I.T. 0014070 1 42205 1 550.00 $550.00 9/20/2012 HALL & FOREMAN, INC. PROF.SVCS-EN 12-766 001 23012 390.00 9/20/2012 101023 GOVPARTNER IREQUEST PARTNER -SEPT 0014070 44030 850.00 $850.00 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 12-766 001 34650 -70.20 9/20/2012 1 101024 GREGORYGUNADL VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 101025 HALL & FOREMAN, INC. PROF.SVCS-EN 11-732 001 23012 562.50 $2,200.25 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-732 001 23012 101.25 9/20/2012 101027 HALL & FOREMAN, INC. ADMIN FEES -EN 11-732 001 34650 -101.25 $35.00 9/20/2012 HALL & FOREMAN, INC. PROF.SVCS-EN 07-560 001 23012 986.25 9/20/2012 101028 HALL & FOREMAN, INC. ADMIN FEES -EN 07-560 001 23012 177.53 $35.00 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 07-560 001 34650 -177.53 9 /2 012 01 2 101029 HALL & FOREMAN, INC. PROF.SVCS-EN 11-747 - 001 23012 261.50 $3,131.20 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-747 001 23012 47.07 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 11-747 001 34650 -47.07 9/20/2012 HALL & FOREMAN, INC. PROF.SVCS-EN 12-766 001 23012 390.00 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 12-766 001 23012 70.20 9/20/2012 HALL & FOREMAN, INC. ADMIN FEES -EN 12-766 001 34650 -70.20 9/20/2012 1 101026 VIKRAM HATTIANGADI FACILITY REFUND -DBC 001 23002 1 350.00 $350.00 9/20/2012 101027 YASI HEKMAT VOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 101028 KAYLA HERNANDEZ IVOLUNTEEN STIPEND 1 0015350 45300 1 35.001 $35.00 9/20/2012 1 101029 HEWLETT PACKARD COMPANY ANNL MAINT-MSA CNTRLLR 0014070 42205 1 3,131.20 $3,131.20 Page 9 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 9/20/2012 101030 HI WAY SAFETY INC SUPPLIES -RD MAINT 0015554 41250 967.14 $1,226.73 9/20/2012 HI WAY SAFETY INC SUPPLIES -RD MAINT 0015554 41250 259.59 9/20/2012 1 101031 HOFFMAN SOUTHWEST CORP IHYDRO JETTING SVCS-AMBSHR 0015554 1 45512 1 510.00 $510.00 9/20/2012 1 INLAND VALLEY HUMANE SOCIETY FACILITYASSESSMENT 0014431 45403 1,250.00 9/20/2012 1 101032CHRISTOPHER HONG VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101033 JARRETT HSIEH 1VOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 9/20/2012 101034 ADAM HSU IVOLUNTEEN STIPEND 10015350 1 45300 1 25.001 $25.00 9/20/2012 101035 RACHEL HWANG VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 101036 JSAMIHYMEL VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101037 LAUREN HYUN VOLUNTEEN STIPEND 0015350 1 45300 1 25.001 $25.00 9/20/2012 1 101038 SAVIANNO IGLESIAS VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 101039 1 INCONTACT INC LONG DIST SVCS -AUG 2012 1 0014090 1 42125 1 32.26 $32.26 9/20/2012 101040 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL -OCT 0014431 45403 9,465.58 $10,715.58 9/20/2012 1 INLAND VALLEY HUMANE SOCIETY FACILITYASSESSMENT 0014431 45403 1,250.00 9/20/2012 101041 INTERIOR OFFICE SOLUTIONS FURNITURE -LIBRARY 0014093 46220 756.12 $3,636.89 9/20/2012 INTERIOR OFFICE SOLUTIONS FURNITURE -LIBRARY 0014093 46220 1 2,880.77 9/20/2012 1 101042 ITERIS INC JECTV DESIGN & INSTALL 2505510 1 46412 1 2,442.00 $2,442.00 9/20/2012 1 101043 CASEYJACKSON IVOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101044 JACKSON'S AUTO SUPPLY SUPPLIES -CITY HALL 0014093 1 41200 1 69.361 $69.36 9/20/2012 101045 TIFFANY JANSEN VOLUNTEEN STIPEND 0015350 45300 35.00 $35.00 9/20/2012 1 101046 IJENKINS & HOGIN, LLP JEEN LEAGAL SVCS -AUG 2012 0014020 44020 4,440.001 $8,755.99 Page 10 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2012 101046... JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV AUG 0014020 44020 2,923.00 $8,755.99 ... 9/20/2012 101048 JENKINS & HOGIN, LLP LEGAL SVCS -COM SVCS AUG 0014020 44020 407.00 $35.00 9/20/2012 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS AUG 0014020 44020 795.50 9/20/2012 101049 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE AUG 0014020 44020 92.50 $25.00 9/20/2012 JENKINS & HOGIN, LLP LEGAL SVCS -SITED AUG 0014020 44020 97.99 9/20/2012 101047 KEITH JOHNSON D.J. SVCS -SR DANCE 0015350 1 45300 1350.00 1,265.00 $350.00 9/20/2012 KOA CORPORATION TRFFC MGMT SVCS-JUL 12 1185098 44030 1,347.50 9/20/2012 1 101048 JUSTIN JONG VOLUNTEEN STIPEND 10015350 1 45300 1 35.001 $35.00 9/20/2012 1 101049 ICARINAKAN VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101050 JASMINE KELLOGG VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101051 HELENA KISOR VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 101052 NATALIE KISOR VOLUNTEEN STIPEND 0015350 45300 25.001 $25.00 9/20/2012 101053 KOA CORPORATION ENG SVCS -GRAND MEDIAN 2505510 46420 1,265.00 $2,612.50 9/20/2012 KOA CORPORATION TRFFC MGMT SVCS-JUL 12 1185098 44030 1,347.50 9/20/2012 1 101054 HILARY KWAN VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 LANDS' END BUSINESS OUTFITTERS STAFF JACKETS -DBC 0015333 41200 .167.27 9/20/2012 1 101055 LAEASSOCIATES INC PROF.SVCS-C/HLLS REHAB 0015510 1 45221 1 2,460.00 $2,460.00 9/20/2012 1 101056 DERRICK LAI VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 101057 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS -DBC 0015333 41200705.89 35.00 $2,798.81 9/20/2012 LANDS' END BUSINESS OUTFITTERS STAFF JACKETS -DBC 0015333 41200 .167.27 9/20/2012 101059 LANDS' END BUSINESS OUTFITTERS RECREATION STAFF SHIRTS 0015350 41200 1,925.65 $25.00 9/20/2012 1 101058 CATHERINE LARCHEVEQUE VOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101059 JALICE LEE VOLUNTEEN STIPEND 0015350 1 45300 1 25.001 $25.00 9/20/2012 1 101060 IMELISSALEE VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 Page 11 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 9/20/2012 101061 1 NADIA LEE IVOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 9/20/2012 101062 LEIGHTON &ASSOCIATES, INC. GEOTECH SVCS-PTHFNDR 0015551 45224 427.00 $2,291.00 9/20/2012 LEIGHTON &ASSOCIATES, INC. ROF.SVCS-EN 03-363 001 23012 1,125.00 9/20/2012 101064 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 03-363 001 23012 202.50 $19.58 9/20/2012 LEIGHTON & ASSOCIATES, INC. ADMIN FEES -EN 03-363 001 34650 -202.50 9/20/2012 101065 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 09-641 001 23012 625.50 $25.00 9/20/2012 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 09-641 001 23012 112.59 9/20/2012 101066 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 09-641 001 34650 -112.59 $35.00 9/20/2012 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 03-363 001 23012 113.50 9/20/2012 101067 LEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 03-363 001 23012 20.43 $40.00 9/20/2012 ILEIGHTON &ASSOCIATES, INC. ADMIN FEES -EN 03-363 001 34650 -20.43 9/20/2012 1 101063 IDOROTHY LEWES VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 101064 LEWIS ENGRAVING INC. CITYTILE-L HIDALGO 0014090 1 42113 1 19.58 $19.58 9/20/2012 1 101065 SABRINA LIN VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2012 1 101066 ISERENALIN JVOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101067 MARY LOPEZ RECREATION REFUND 001 1 34730 1 40.001 $40.00 9/20/2012 1 101068 SHARON LY VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 9/20/2012 101069 - KEENAN MACH VOLUNTEEN STIPEND 0015350 1 45300 1 25.001 $25.00 9/20/2012 101070 JADAMASSENGALE VOLUNTEEN STIPEND 0015350 1 45300 1 35.001 $35.00 9/20/2012 1 101071 MEGUMU MASUDA RECREATION REFUND 001 1 34780 1 87.00 $87.00 9/20/2012 1 101072 MATTHEW MATSUMOTO VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101073 KATELYN MAURICIO VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 101074 SABRINA MAY VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.00 $30.00 Page 12 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2012 101075 MCE CORPORATION ROAD MAINT SVCS-JUL 0015554 45502 9,831.97 $16,410.31 9/20/2012 101077 MCE CORPORATION RIGHT-OF-WAY MAINT-JUL 0015554 45522 2,366.05 $25.00 9/20/2012 MCE CORPORATION RIGHT-OF-WAY MAINT-JUL 0015554 45522 882.13 9/20/2012 101078 MCE CORPORATION STORM DRAIN MAINT-JUL 0015554 45512 182.70 $100.00 9/20/2012 MCE CORPORATION SIGNING & STRIPING-JUL 0015554 45506 3,147.46 9/20/2012 1 101076 1HARLEEN MEHROK IVOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101077 IZACHARY MENG IVOLUNTEEN STIPEND 10015350 1 45300 1 25.001 $25.00 9/20/2012 1 101078 PATRICIAMEZA FACILITY REFUND -DBC 1 001 23002 1 100.001 $100.00 9/20/2012 1 101079 IMICHAEL MIN IVOLUNTEEN STIPEND 1 0015350 45300 1 25.001 $25.00 9/20/2012 1 101080 JJMILLMOORE IVOLUNTEEN STIPEND 1 0015350 45300 1 25.001$25.00 9/20/2012 101081 IBRITTANY MORA IVOLUNTEEN STIPEND 10015350 45300 1 30.001 $30.00 9/20/2012 1 101082 IMAINTENANCE SUPERINTENDENTS ASSN MEMBERSHIP DUES-GARCIA 0015510 1 42315 1 75.001 $75.00 9/20/2012 1 101083 ELISHANANDWANI IVOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2012 1 101084 JERIC NGUYEN IVOLUNTEEN STIPEND 0015350 1 45300 1 35.001 $35.00 9/20/2012 1 101085 NORTHERN SAFETY CO SUPPLIES -ROAD MAINT 0015554 1 41250 1 243.641 $243.64 9/20/2012 1 101086 IKELECHI OKWANDU IVOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101087 JONWARD ENGINEERINGIC/HILLS PKWY PROJ-AUG 2505510 1 46411 2,750.001 $2,750.00 9/20/2012 1 101088 PACIFIC TELEMANAGEM ENT SERVICES IPAY PHONE SVCS -OCT 2012 0015340 1 42125 1 495.84 $495.84 9/20/2012 1 101089 IJOCELYN PAN VOLUNTEEN STIPEND 0015350 45300 20.001 $20.00 9/20/2012 1 101090 JALISON PANG VOLUNTEEN STIPEND 10015350 1 45300 1 20.00 $20.00 9/20/2012 1 101091 CINDY PARK IVOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 Page 13 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 9/20/2012 101094 NAKITA PATEL FACILITY REFUND -DBC 001 23002 700.00 $454.00 Check Date Check Number Vendor Name FACILITY CHRGS-DBC Transaction Description 36615 Fund/ Dept Acct# Amount Total Check Amount JESSICA PIERCE VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 101092 PASCO DOORS MAINT-DBC 0015333 1 42210 1 969.061 $969.06 ALARM SVCS-SYC CYN 0015340 1 42210 1 41.50 $41.50 9/20/2012 1 101093 ANJALI PATEL VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.001 $30.00 9/20/2012 101094 NAKITA PATEL FACILITY REFUND -DBC 001 23002 700.00 $454.00 9/20/2012 1 NAKITA PATEL FACILITY CHRGS-DBC 001 36615 -246.00 1 9/20/2012 1 101095 JKAYLA PAVLINAC VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101096 JESSICA PIERCE VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101097 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 1 42210 1 41.50 $41.50 9/20/2012 101098 MARITZAQUINTANILLA FACILITY REFUND -DBC 001 23002 550.00 $550.00 9/20/2012 1 101099 KATELYN RIVERA VOLUNTEEN STIPEND 0015350 45300 35.00 $35.00 9/20/2012 101100 FAITH R RUEHLMAN VOLUNTEEN STIPEND 0015350 1 45300 1 20.001 $20.00 9/20/2012 1 101101 TERESASAMPANA FACILITY REFUND -HERITAGE 1 001 1 36620 1 350,001 $350.00 9/20/2012 1 101102 ISHARON SENGPHANITH VOLUNTEEN STIPEND 1 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101103 SAMEER SHARMA VOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101104 JENIKA SHASTRI IVOLUNTEEN STIPEND 0015350 1 45300 1 20.001 $20.00 9/20/2012 1 101105 ALEX SILVA VOLUNTEEN STIPEND 1 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101106 SILVERADO STAGES INC SHUTTLE SVCS -CONCERTS 1125350 1 45310 1 1,243.92 $1,243.92 9/20/2012 1 101107 ISIR SPEEDY IPRINT SVCS -USED OIL 1 1155515 1 42110 1 321.981 $321.98 9/20/2012 101108 MASON SOLDRIDGE VOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101109 INANCY SOLIMAN FACILITY REFUND-REAGAN 001 23002 1 50.00 $50.00 Page 14 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 9/20/2012 101110 ALIYAH SOLIS VOLUNTEEN STIPEND 0015350 45300 35.00 $35.00 9/20/2012 101111 ANGELA SONG VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2012 101112 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 323.95 $18,104.22 9/20/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 492.18 9/20/2012 101114 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 119.83 $25.00 9/20/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS -CITY HALL 0014093 42126 17,168.26 9/20/2012 1 101113 STITCHES UNIFORMS & EMBROIDERY SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 214.22 $214.22 9/20/2012 THE GAS COMPANY GAS SVCS -DBC 0015333 42126 135.18 9/20/2012 1 101114 TIMOTHY SUKAMTOH VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101115 JEMILIE TANGSAVATH VOLUNTEEN STIPEND 10015350 1 45300 1 25.00 $25.00 9/20/2012 1 101116 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -SEPT 0014070 1 44030 1 847.771 $847.77 9/20/2012 1 101117 TERRA PACIFIC LANDSCAPE PROF.SVCS-BUS STOP RELOC 0015510 1 45221 1 306.50 $306.50 9/20/2012 1 101118 ADAM THAI VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 1 101119 THE COMDYN GROUP INC lCONSULTING SVCS -WK 9/7 1 0014070 1 44000 1 1,154.351 $1,154.35 9/20/2012 101120 THE GAS COMPANY GAS SVCS -HERITAGE 0015340 42126 1 56.16 $665.98 9/20/2012 THE GAS COMPANY GAS SVCS -DBC 0015333 42126 135.18 9/20/2012 THE GAS COMPANY GAS SVCS -CITY HALL 0014093 42126 474.64 9/20/2012 101121 THE SAUCE CREATIVE SERVICES PRINT SVCS -COMM SVCS 0015350 42110 150.00 $760.07 9/20/2012 THE SAUCE CREATIVE SERVICES PRINT SVCS -POSTCARDS 0015350 42110 209.88 9/20/2012 THE SAUCE CREATIVE SERVICES PRINT SVCS -POSTCARDS 0015350 42110 1 400.19 1 9/20/2012 101122 TIME WARNER CABLE INTERNET SVCS-SEPT/OCT 0014070 44030 954.75 $1,328.11 9/20/2012 TIME WARNER CABLE INTERNET SVCS -CITY HALL 0014070 44030 257.35 9/20/2012 TIME WARNER CABLE PHONE SVCS -HERITAGE 0015340 42125 116.01 9/20/2012 1 101123 ASHLEYTING VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 Page 15 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 9/20/2012 1 101124 ITNT PRINTING IPRINT SVCS -RECREATION 1 0015350 1 42110 1 426.071 $426.07 9/20/2012 101125 TRENCH PLATE RENTAL CO EQ RENTAL-DBB/STP CYN 0015554 42130 225.00 $450.00 9/20/2012 1 TRENCH PLATE RENTAL CO EQ RENTAL -D13131 STP CYN 0015554 42130 1 225.00 9/20/2012 101126 ARTHUR VALDEZ VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2012 101127 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 388.78 $1,391.27 9/20/2012 1 VERIZON CALIFORNIA PHONE SVCS-SRST CHI 0014090 42125 177.27 9/20/2012 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 46.16 9/20/2012 VERIZON CALIFORNIA PH.SVCS-CMGR FAX LINE 0014030 42125 38.38 9/20/2012 VERIZON CALIFORNIA PH.SVCS-HERITAGE ALARM 0015340 42125 96.41 9/20/2012 VERIZON CALIFORNIA PH.SVCS-BUS LINE 800 0014090 42125 30.45 9/20/2012 VERIZON CALIFORNIA PH.SVCS-CITY HALL ALARM 0014093 42125 98.41 9/20/2012 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0014090 42125 515.41 9/20/2012 101128 VERIZON WIRELESS CELL CHRGS-CMGR 0014030 42125 104.61 $658.83 9/20/2012 1 VERIZON WIRELESS CELL CHRGS-USB 0014090 42125 38.01 9/20/2012 VERIZON WIRELESS CELL CHRGS-EOC 0014440 42125 142.54 9/20/2012 VERIZON WIRELESS CELL CHRGS-EOC 0014090 42125 38.01 9/20/2012 VERIZON WIRELESS CELL CHRGS-EOC 0014090 42125 175.37 9/20/2012 VERIZON WIRELESS CELL CHRGS-EOC 0014070 42125 32.91 9/20/2012 VERIZON WIRELESS CELL CHRGS-DESFORGES 0014070 42125 45.01 9/20/2012 VERIZON WIRELESS CELL CHRGS-SASD MODEM 0014411 42125 45.01 9/20/2012 IVERIZON WIRELESS CELL CHRGS-AZIZ 0014070 42125 37.36 9/20/2012 1 101129 SIMRAN VERMA VOLUNTEEN STIPEND 0015350 1 45300 1 25.00 $25.00 9/20/2012 101130 VISION INTERNET PROVIDERS INC MONTHLY HOSTING -AUG 0014070 44030 - 66.77 $246.77 9/20/2012 1 VISION INTERNET PROVIDERS INC MONTHLY HOSTING -SEPT 0014070 44030 180.00 9/20/2012 1 101131 LAURYN WALKER VOLUNTEEN STIPEND 0015350 1 45300 1 35.001 $35.00 9/20/2012 101132 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 30,587.51 $64,916.95 9/20/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 17,929.41 Page 16 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2012 101132... WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 11,123.38 $64,916.95 ... 9/20/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 4,188.16 9/20/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 311.08 9/20/2012 WALNUT VALLEY WATER DISTRICT WATER SVCS -CITY HALL 0014093 42126 777.41 9/20/2012 101133 WARREN SIECKE TRFFC ENG SVCS-JUL/AUG 0015554 44520 159.00 $274.00 9/20/2012 WARREN SIECKE ENG SVCS -RELOCATION C/HLL 1135510 46412 1 115.00 9/20/2012 1 101134 JANDRETV WEN VOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 9/20/2012 101135 WILLDAN GEOTECHNICAL ADMIN FEES -EN 11-730 001 34650 -216.45 $5,487.50 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-771 001 23012 555.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 23012 99.90 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 34650 -99.90 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-774 001 23012 1,110.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-774 001 23012 199.80 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 11-730 001 23012 1,202.50 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 11-730 001 23012 216.45 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-774 001 34650 -199.80 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-774 001 23012 370.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-774 001 23012 66.60 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-774 001 34650 -66.60 9/20/2012 WILLDAN GEOTECHNICAL, PROF.SVCS-EN 12-777 001 23012 740.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-777 001 23012 133.20 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-777 001 34650 -133.20 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-779 001 23012 740.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-779 001 23012 133.20 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-779 001 34650 -133.20 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 12-771 001 23012 400.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 23012 72.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 12-771 001 34650 -72.00 9/20/2012 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-715 001 23012 370.00 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 10-715 001 23012 66.60 9/20/2012 WILLDAN GEOTECHNICAL ADMIN FEES -EN 10-715 001 34650 -66.60 Page 17 City of Diamond Bar - Check Register 09/13/2012 thru 09/26/2012 Check Date ffNumber Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2012 1 101136 ISILAS WONG IVOLUNTEEN STIPEND 10015350 45300 25.00 $25.00 9/20/2012 1 101137 JULIE WOO VOLUNTEEN STIPEND 0015350 1 45300 1 35.00 $35.00 9/20/2012 1 101138 PAUL WRIGHT AIV SVCS-CNCL MTG 0014090 1 44000 1 125.00 $125.00 9/13/2012 PAYROLL TRANSFER P/R TRANSFER I2/PP 19 112 10200 5,468.53 9/20/2012 1 101139 IJENNIFER WU VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 9/13/2012 PAYROLLTRANSFER P/R TRANSFER I2/PP 19 115 10200 8,514.69 9/20/2012 1 101140 SEAN XU VOLUNTEEN STIPEND 1 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 101141 LILIAN YEN VOLUNTEEN STIPEND 0015350 1 45300 1 30.00 $30.00 9/20/2012 1 101142 MINERVAYOUNG VOLUNTEEN STIPEND 0015350 45300 30.00 $30.00 9/13/2012 PAYROLL TRANSFER P/R TRANSFER I2/PP 19 112 10200 5,468.53 9/20/2012 1 101143 1 DYLAN ZAVALA VOLUNTEEN STIPEND 1 0015350 45300 25.00 $25.00 9/13/2012 12 -PP 19 PAYROLL TRANSFER P/R TRANSFER 12/PP 19 001 10200 157,527.48 $177,971.45 9/13/2012 PAYROLL TRANSFER P/R TRANSFER I2/PP 19 112 10200 5,468.53 9/13/2012 PAYROLL TRANSFER P/R TRANSFER 12/PP 19 113 10200 5,867.10 9/13/2012 PAYROLLTRANSFER P/R TRANSFER I2/PP 19 115 10200 8,514.69 9/13/2012 PAYROLLTRANSFER P/R TRANSFER I2/PP 19 125 10200 593.65 $767,715.20 Page 18 CITY COUNCIL ��'GAPbIiATll, r9�g" TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City MaC(, 'e TITLE: Preliminary Treasurer's Statemen$ — August 2012 RECOMMENDATION: Approve the August 2012 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.3 Meeting Date: Oct. 2, 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 preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 11-12 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised August treasurer's statement will be presented to the City Council for approval. PREPARED BY: Susan Full, Senior Accountant REVIEW BY: Dianna L. Honeywell, Finance D ector Dave Doyle,n CY" Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of August 2012 Total investments $ 20,495,561 $ 20,511,995.22 2012-13 Budgeted Interest Income $204,600.00 Actual Year -To -Date Interest Income Issue Maturity 6.409% Curr Par/ Market Fair Market Coupon Investment Type Cusip Rating Date Date Term Orig Par Price Value * Rate GE Cap Corp 36962G5Q3 AAA 01/30/12 01/30/15 3.0 Yrs 1,000,000 97.511 975,112.00 1.375% GE Cap Corp 36962G5T7 AAA 02118/12 02/08/16 4.0 Yrs 1,000,000 99.526 995,261.00 1,550% Fed Nall Mtg Assn Note 3136FTFW4 AAA 10/26/11 10/26/16 5.0 Yrs 1,000,000 100.170 1,001,707.00 1.500% Fed Nall Mtg Assn Note 3136FTLL1 AAA 11/16/11 11/16/16 5A Yrs 1,000,000 100,284 1,002,848.00 1.813% Fed Ned Mtg Assn Note 3136FTNK1 AAA 11/21/11 11/21/16 6.0 Yrs 1,000,000 100.134 1,001,345.00 1.500% Fed Home Loan Bank Bond 313379EPO AAA 05/30/12 05/30/17 5.0 Yrs 1,000,000 100.835 1,008,359.00 1.170% Fed Nall Mtg Assn Note 3135GONF6 AAA 08/21/12 08/21/17 5.0 Yrs 500,000 100.343 501,719.50 1.000% Fed Home Loan Bank Bond 313380EAl AAA 08/28/12 08/28/17 5.0 Yrs 500,000 100.047 500,238.00 1.150% Negotiable CD - Aurora Bank 05155THPS AAA 06/29/11 06/26/13 2.0 Yrs 248,000 100,324 248,805.50 0.900% Negotiable CC - Customers Bank 23204HAB4 AAA 08/22/12 02/22/13 0.5 Yr 248,000 100,003 248,008.43 0.450% Negotiable CD - Compass Bank 20449E3C8 AAA 09/30/11 09/30/13 2.0 Yrs 248,000 100,389 248,966.20 1.000% Negotiable CD - Amercan Exp ek 02587DBJ6 AAA 07/14/11 01/14/14 2.5 Yrs 248,000 100.746 249,851.07 1.050% Negotiable CD - Bank of China NY D6425HYAB AAA 01/27112 01/27/14 2.0 Yrs 248,000 100.327 248,812.94 0.900% Negotiable CD- Huntington Nat'l Bk 446438NSS AAA 01/27/12 01/27/14 2.0 Yrs 248,000 100.051 248,126.72 0.800% Negotiable CD- Sovereign Bank 84603M2B1 AAA 07/07/12 07/07/14 2.0 Yrs 248,000 99.847 247,622,54 0.850% Negotiable CD - Ally Bank UT 02005QVNO AAA 10105/11 10/06/14 3.0 Yrs 248,000 100.617 249,531.64 1.300% Negotiable CD- Medallion Bank 58403BYC4 AAA 06108/12 12/08/14 2.5 Yrs 248,000 99.766 247,425.13 0.750% Negotiable CD - Safra Nat'l Bank NY 786580YA2 AAA 01/30/12 01/30/15 3.0 Yrs 248,000 100.587 249,456.50 1.000% Negotiable CD - CIT Bank 17284AUMB AAA 06/29/11 06/29/15 4.0 Yrs 248,000 101.805 252,478.38 1.600% Negotiable CD - First Bank Puerto Rico 33764JEH4 AAA 06/08/12 06/18/16 4.0 Yrs 249,000 99.473 247,668.76 1.250% Negotiable CD - World Fin Captl Bank 98146QBNO AAA 11/16/11 11/16/16 5.0 Yrs 248,000 101,997 252,954.79 1.500% Negotiable CD - Barclays Bank 06740KFH5 AAA 12/21/11 12/21/16 5.0 Yrs 248,000 101.476 251,661.22 2.000% Negotiable CD - Goldman Sachs Bk 38143AMV4 AAA 03/21/12 03/21/17 5.0 Yrs 248,000 100.367 248,911,15 1.600% Negotiable CD - Discover Bank 2546705F5 AAA 03/21/12 03/21/17 5.0 Yrs 248,000 100.367 248,911.15 1.600% Negotiable CD - State Bank India 856284D76 AAA 03/23/12 03/23/17 5.0 Yrs 248,000 100.360 248,893.29 1,650% Negotiable CD - JP Morgan Bank 48124JAH1 AAA 03/29/12 03/29/17 5.0 Yrs 246,000 100.313 246,771.21 1.000% Negotiable CD - BMW Bank 05568PV95 AAA 04/13/12 04/13/17 5.0 Yrs 248,000 100.066 248,164.42 1.750% Negotiable CD - GE Capital Bank 36157QCN5 AAA 05/04/12 05/04/17 5.0 Yrs 248,000 99.990 247,97520 1.750% Negotiable CD - GE Capital Bank 3616OWK57 AAA 05104/12 05/04/17 5.0 Yrs 246,000 99.990 247,975.20 1.750% Negotiable CD - Sallie Mae Bank 79545ONV3 AAA 08/15/12 08/15/17 5.0 Yrs 248,000 99.591 246,987.66 1.750% Total Securities & CDs $ 12,455,000 $ 12,462,568.60 Local Agency Investment Fund AAA 7,269,288 7,278,153.76 0.377% US Treasury Money Market AAA $771,271 771,270.91 0.010% Total Liquidity $ 6,040,559 $ 8,049,424.67 Union Bank -(Fiscal Agent) AAA 1.95 1.95 0.000% Total investments $ 20,495,561 $ 20,511,995.22 2012-13 Budgeted Interest Income $204,600.00 Actual Year -To -Date Interest Income $13,113.30 Percent of Interest Received to Budget 6.409% Allocation of Book Value of Investment by Type (By Percent) Federal & Corp LAIF Fund Securities 35.47% 34,15% OEM Certificate U.STreasury Deposits Money Market 26.62% 3.765 Total Investment- 20495567 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 States Government. The City Investment Policy places a 40% limit on this type of investment and the security investment is currently held in a custodial account by Wells Fargo Institutional Securities LLC for safe -keeping services. Local Agency Investment Fund (LAIR LAIF is an investment pool for local agencies which is managed by the Slate 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 Markel 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 $250,000 per owner for single accounts. CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT August 31, 2012 (Preliminary) 'BEGINNING >.TRANSFERS : .ENDING -BALANCE RECEIPTS 'DISBURSEMENTS IN(OUT)... :BALANCE GENERAL FUND $16,536,959.82 1,094,102.18 1,695,080.47 $15,935,981.53 COMMUNITY ORG SUPPORT FD 2,630.00 1,000.00 950.00 1,680.00 MEASURE R LOCAL RETURN FD 453,360.15 50,794.16 $771,270.91 504,154.31 GAS TAX FUND 723,904.25 157,882.12 CASH WITH FISCAL AGENT: 881,786.37 TRANSIT TX (PROP A) FUND 367,147.78 169,494.11 68,322.67 468,319.22 TRANSIT TX (PROP C) FUND 1,696,218.48 68,112.11 68,522.67 1,695,807.92 TEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 869,129.33 28,363.54 840,765.79 TRAFFIC IMPROVEMENT FUND 482,378.58 482,378.58 AIR QUALITY IMPRVMNT FD 146,085.57 17,268.80 3,487.50 159,866.87 TRAILS & BIKEWAYS FUND 50,029.69 50,029.69 Prop 1B BOND FUND 0.00 0.00 PARK FEES FD 6,358.81 26,138.00 32,496.81 PROP A- SAFE PARKS ACT FUND (43,850.21) (43,850.21) PARK & FACILITIES DEVEL. FUND 195,612.93 195,612.93 COM DEV BLOCK GRANT FUND (79,684.21) 95,969.00 19,789.40 (3,504.61) CITIZENS OPT -PUBLIC SAFETY FD 82,379.65 82,379.65 NARCOTICS ASSET SEIZURE FD 162,363.53 162,363.53 CA LAW ENFORCEMENT EQUIP PRGM 40,969.50 40,969.50 E BYRNE JUSTICE ASSIST GRANT -R 0.00 0.00 E BYRNE JUSTICE ASSIST GRANT (13,064.06) 11,800.00 (1,264.06) LANDSCAPE DIST #38 FUND (24,009.23) 2,062.56 42,709.05 (64,655.72) LANDSCAPE DIST #39 FUND (12,346.44) 728.73 34,981.37 (46,599.08) LANDSCAPE DIST #41 FUND 41,778.87 723.04 16,501.52 26,000.39 ENERGY EFF & CNSVTN BLK GRT (260.53) (260,53) CAP IMPROVEMENT PRJ FUND (943,544.85) 1,031,127.56 (1,974,672.41) PFA DEBT SERVICE FUND 0.00 0.00 SELF INSURANCE FUND 719,223.23 25,781.00 693,442.23 EQUIPMENT REPLACEMENT FUND 216,070.26 216,070.26 COMPUTER REPLACEMENT FUND 73,181.78 73,181.78 PUBLIC FINANCING AUTHORITY FUND 1.95 - 1.95 TOTALS $21,749,024.63 $1,695,074.81 $3,035,616.75 $0.00 $20,408,482.69 SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT ($129,889.94) PAYROLL ACCOUNT 41,311.95 CHANGE FUND 1,000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($87,077.99) INVESTMENTS: US TREASURY MONEY MARKET ACCT $771,270.91 LOCAL AGENCY INVESTMENT FD 7,269,287.82 BONDS & CERTIFICATE DEPOSITS 12,455,000.00 CASH WITH FISCAL AGENT: 1.95 TOTAL INVESTMENTS $20,495,560.68 TOTAL CASH $20,408,482.69 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 estlNaad,eX' nditures. James DeStef Ono, Tr asurer CITY COUNCIL Agenda # 6 . 4 Meeting Date: October 2, 2012 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maape I TITLE: APPROVE NOTICE OF COMPLETION FOR THE COPLEY DRIVE BUS STOP RELOCATION PROJECT RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. DISCUSSION: In Fiscal Year 2011/2012, an appropriation of $25,000 of Prop C Funds was authorized at the June 5, 2012 City Council meeting to fund the Copley Drive Bus Stop Relocation Project. The City Council awarded a construction contract to TSR Construction and Inspection on June 5, 2012 in an amount not to exceed $20,400 with a contingency amount of $3000 for a total authorization amount of $23,400. Staff subsequently authorized the Notice to Proceed for the construction on July 2, 2012. Additional appropriation of $7,210 from the Prop C reserve Funds was approved at the August 21, 2012 Council meeting to cover additional items of work, such as, (1) Relocation of an irrigation main line at the northerly bus stop area; (2) A new slough wall at the southerly bus stop area to contain the slope by further precluding runoff of dirt and debris onto the boarding area; and (3) Modifications to the curb ramp design to meet existing grades and stay within ADA slope tolerance. TSR Construction and Inspection has completed all work required as part of this project in accordance with the plans and specifications approved by the City. Relocated bus stops adjacent to City Hall have benefited everyday bus commuters to and from City Hall and library. Additionally, pre-existed ramps were retrofitted to comply with the ADA requirements and two (2) flashing beacons were installed to facilitate visibility at the existing crosswalk. The final total project cost is $32,210. One (1) change order was issued for this project, which included all the additional items mentioned above. PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: September 24, 2012 REVIEWED [3Y: - David G. Liu, Director of Public Works Attachments: Notice of Completion 2 NOTICE OF COMPLETION FOR MEDIAN MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND CLEAR CREEK CANYON. RECORDING REQUESTED BY AND WHEN RECORDED MAD. TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion Notice is hereby given that 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21810 CopleV Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "In fee' (]fother than nc,stoke"In fee' and inert, for example,`pxiclai runder eovnaot cfpurchase;' releasee") 5. The full names and full addresses of all persons, if any, who bold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on July 23 2012. The work done was: The project consisted of sidewalk improvements to accommodate a bus stop relocation at City Hall retrofitted of pre-existed access ramps at the crosswalk to comply with ADA and installation of two (2) flashing beacons to facilitate visibility at the existing crosswalk Additionally, new landscaping at the northerly bus stop area and a new slough wall at the southerly bus stop area were necessary 7. The name of the contractor, if any, for such work of improvement was TSR Construction and Inspection June 5, 2012 (lfnocontaaotorforwouicof improvunentasawlale,iasrn none") (rateo70ontract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Project located in front of the new Diamond Bar City Hall (21810 CopleV Drive) on Copley Drive, 9. The street address of said property is "none" Dated: Ve4fica ici for Individual Owner (Ifoo street address has been officially assigned, insert `bone') CITY OF DIAMOND BAR Signature of owner or emporaw officer of owner named in paragraph 2 or lila agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing C'osidurt of, "Manager of," "A partner of; "'Owner of," etc,) notice of completion; I have read said notice of completion mud know the contests thereof; the same is We of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 , at Diamond Bar , California. (UamofsignaNee) (City wlocw,ogned) CITY COUNCIL TO: Honorable Mayor and Mem VIA: James DeStefano, City Agenda # 6.5 Meeting Date: October 2, 2012 AGENDA REPORT the City Council TITLE: APPROVE MEMORANDUM OF) UNDERSTANDING (MOU) WITH THE CITY OF INDUSTRY FOR THE RIGHT-OF-WAY ACTIVITIES FOR THE CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60 RECOMMENDATION: Approve. FISCAL IMPACT: The total cost of the project is estimated at $22.33 Million which includes $2.78 Million for the Environmental and Design Phase, $2.23 Million ($590,000 in Caltrans support costs and $1.64M in acquisition costs) for the Right-of-way Phase and $17.32 Million for Construction and Construction Management. To date, the City of Diamond Bar has secured a total of $11.3 Million in funding which includes $8.63 Million in Federal SAFETEA-LU funds, $2.294 Million in Metro Prop C funds and $0.4 Million in Highway Safety Improvement Program (HSIP) funds. Additionally, the City of Industry has committed $4.9 Million towards the project and has also agreed to backfill the approximate project shortfall in the amount of $6.14 Million. In March 2012 the City Received authorization to proceed from the State, required since federal funds will be used on this right-of-way phase of the project. The state authorized a total of $1.12M in federal funds to be used toward the right-of-way phase of the project with the remaining funds to be paid by the City of Industry in the amount of $1.11 M. BACKGROUND/DISCUSSION: On September 20, 2011 the City Council approved a Right -of -Way Cooperative Agreement with the State of California and the City of Industry for the Right -of -Way Phase of the construction for a new partial diamond interchange on SR -60 Freeway at Lemon Avenue (Project). The Agreement essentially allowed the City of Diamond Bar to contract with the State to work with each of the private property owners to acquire the partial property, _1_ easement or access rights needed for the construction of the new partial diamond interchange. The City of Industry is a party to the Agreement because they have agreed to front 100% of the funds necessary to perform the right-of-way phase activities. The use of Federal SAFETEA-LU funds requires a 20% match of local funds. Additionally, the funds are not given to the City as one deposit. Rather, they are distributed to the City as a reimbursement for work completed on the project meaning the City would have to pay for the right-of-way activities up front and then submit a request for a reimbursement at 80% of the total expenditure. In an effort to expedite the project, Industry has agreed to pay for all right-of-way activities up front and Diamond Bar will reimburse Industry with the Federal SAFETEA-LU fund reimbursement that will be received. The Right -of -Way Cooperative Agreement is attached to the MOU as Exhibit A. The Cooperative Agreement indicates that the total right-of-way phase is $1.486M ($586,000 for Support Costs and $900,000 for Capital Costs). However, during the processing of the Authorization to Proceed the State revised their estimates to include additional costs associated with condemnation proceedings and staff support costs bringing the new right- of-way phase estimate up to $2.23M as identified in the Fiscal Impact discussion above. A supplemental Cooperative Agreement will be necessary and is expected to be presented to Council in the near future for consideration identifying the additional estimated costs. Due to the increased estimate of costs for the right-of-way phase of the project and in an effort to keep the project moving forward without any further delay, rather than modifying the existing request for authorization to proceed with the State, Industry agreed to pick up the added costs as part of their share for this phase of the project. Therefore, the Authorization to Proceed was granted with a reimbursement ratio of approximately 50% ($1.12M in Federal Funds and $1.11M in local match funds to be provided by City of Industry). The MOU being presented to Council is a two-party agreement between the City of Industry and City of Diamond Bar wherein the terms of reimbursement to the City of Industry are identified and outlined using the most current estimate for the right-of-way phase of the project. Basic terms of the MOU indicate that Industry will pay the State for all costs associated with the right-of-way phase of the project and the City will in turn reimburse Industry upon receipt of payment from the State for the Federal Funds with a not to exceed reimbursement cost of $1.12M. On September 13, 2012 the City of Industry City Council approved the attached Memorandum of Understanding. Upon execution of the MOU, Diamond Bar will work with Industry on Federal Funding reimbursement requests for costs paid to the State for right- of-way activities to date. _2_ PREPARED BY: Kimberly Young, Associate Engineer REVIEWED E David G,.IL iu, P. E. Director of Public Works DATE PREPARED: September 26, 2012 ATTACHMENTS: Memorandum of Understanding Exhibit A: Cooperative Agreement Exhibit B: State's Project Report R/W Data Sheet Dated 9/27/11 Exhibit C: E-76 Authorization to Proceed/Agreement Summary for RM/ Dated 3/2/12 -3- MEMORANDUM OF UNDERSTANDING FOR THE LEMON AVENUE PARTIAL DIAMOND INTERCHANGE PROJECT This Memorandum of Understanding (MOU) is made and entered into this _day of 2012, by and between the City of Diamond Bar ("DIAMOND BAR") and the City of Industry ("INDUSTRY"). I. Recitals: A. DIAMOND BAR and INDUSTRY desire State Highway improvements consisting of the construction of a new partial diamond interchange on State Route 60 (SR 60) at the existing Lemon Avenue undercrossing, referred to herein as "PROJECT". B. DIAMOND BAR and INDUSTRY desire to fund the Right of Way (R/W) support and capital costs of the PROJECT to be performed by the State of California, acting by and through its Department of Transportation, referred to herein as "STATE" as described in the Cooperative Agreement dated October 6, 2011, District Agreement No. 07-4832, attached hereto, marked as Exhibit "A", and incorporated herein as part of this MOU (the "Cooperative Agreement"). C. DIAMOND BAR has secured $9.6 million of federal SAFETEA-LU funding as well as a $2.3 million grant in Prop C 25% funds through Los Angeles County METRO and $400,000 in Highway Safety Improvement Program (HSIP) Funds. D. The STATE, DIAMOND BAR and INDUSTRY will cooperate to acquire and certify the necessary Right of Way for the construction of the PROJECT. E. Construction of the PROJECT will be the subject of a separate future MOU. Agreement: Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows: Section 1. Project Costs: The STATE has provided an estimate of $2,226,665 for the Right — of -Way costs for the project (STATE'S Project Report's R/W Data Sheet dated September 27, 2011, attached hereto, marked as Exhibit "B;" and E-76 Authorization/Agreement Summary for R/W dated March 2, 2012, attached hereto, marked as Exhibit "C" and incorporated herein by these references). Costs include Right of Way Acquisition, Utility Relocation and support costs. Section 2. Payment: As referenced in Cooperative Agreement, INDUSTRY will pay the invoices submitted by the STATE for work performed. Upon issuance of payment, INDUSTRY will prepare and submit an invoice to DIAMOND BAR with attached backup documentation for payments made to the STATE. DIAMOND BAR will prepare invoices to the STATE Office of Local 1 Assistance Engineer to seek reimbursement of funds up to the allowable amount per the funding agency and maximize the amount of federal funds programmed for this phase of the PROJECT. Section 3. City Cost Share: INDUSTRY has agreed to provide the local funds for the Project in a joint effort with DIAMOND BAR to complete the PROJECT Right -of -Way phase. Currently DIAMOND BAR has programmed $1,120,000 of federal funds for the Right -of -Way phase, which represents approximately 50% of the estimated PROJECT's costs. The remaining 50% will be paid by INDUSTRY local funds. DIAMOND BAR will ensure that the federal funds programmed for this phase of the PROJECT are maximized when submitting reimbursement invoices to the STATE. Section 4. Industry Agrees: A. To prepare and provide the necessary coordination to secure the Authorization to Proceed for Right of Way activities with the STATE and DIAMOND BAR. B. INDUSTRY will pay for invoices submitted by the STATE for work performed, to be reimbursed as provided in the Cooperative Agreement and this MOU. C. To assist DIAMOND BAR in preparation of invoices for the reimbursement of 51% of the total costs for right of way activities or up to a maximum of $1,120,000, for review by DIAMOND BAR to be submitted to the STATE for approval. Section 5. Diamond Bar Agrees: A. To seek federal reimbursement of fifty-one percent (51%) of total right of way support and capital costs up to a maximum of $1,120,000 based on the monthly billing statements of STATE services and quarterly reports of reconciled expenditures prepared by the STATE. B. To secure obligation of federal DEMO (SAFETEA-LU) funds by preparing the Authorization to Proceed for all Right of Way activities eligible pursuant to 23 CFR 710, including utility relocations. Utility relocations are to be performed in accordance with 23 CFR 645. The STATE has agreed that pursuant to federal -aid requirements, none of the eligible activities may commence until the E-76 (Exhibit "C") is secured in order to not jeopardize federal funding. Section 6. Diamond Bar and Industry Mutually Agree: A. Within twenty (20) days of receipt of a copy of the monthly STATE Project Progress Pay Estimate of the type defined in Section 2-10 of the STATE's Construction Manual, and five (5) business days after receipt of the Electronic Billing Invoice Packet, whichever date is later, INDUSTRY will use either direct pay or any other methods deemed acceptable by both parties to pay the STATE and/or invoiced party for INDUSTRY's obligation of right of way 2 capital and support as required for right of way activities described in Articles 1 and 2 of Section I of the Cooperative Agreement. Following payment of the invoice, INDUSTRY shall forward a copy of the Invoice packet, support documentation and proof of payment to DIAMOND BAR. Within ten (10) business days of receipt of a copy of the Project Progress Pay Estimate, support documentation and proof of payment to the STATE and/or invoiced party from INDUSTRY, DIAMOND BAR will process the payment for reimbursement from Caltrans at a rate of fifty-one percent (51%) of the total right of way support and capital costs reflected on the monthly billing statements up to a maximum of $1,120,000. B. Upon receipt of reimbursement funds from STATE, DIAMOND BAR will process the payment received and issue a reimbursement check to INDUSTRY within fifteen (15) business days. C. Term. This MOU shall terminate upon the completion of all right of way activities, including final accounting, acceptance of Title, recordation of the acquired land in the County Recorder's Office and close out of all utility relocation agreements. D. Termination. Prior to the commencement of any work pursuant to this MOU, either INDUSTRY or DIAMOND BAR may terminate this MOU by written notice to the other Party so long as written notice of intent to terminate is given to the other party at least thirty (30) calendar days prior to termination. E. Notices. Notices shall be given pursuant to this Memorandum of Understanding by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City Manager, James DeStefano City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 City Manager, Kevin Radecki City of Industry 15651 E. Stafford Street Industry, CA 91744 F. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 3 IN WITNESS WHEREOF, DIAMOND BAR and INDUSTRY have caused this Memorandum of Understanding to be executed by their respective officers, duly authorized, on the day and year above written. CITY OF DIAMOND BAR A Ling -Ling Chang Mayor Attest: Tommye A. Cribbins City Clerk APPROVED AS TO FORM AND CONTENT: ME Michael Jenkins City Attorney CITY OF INDUST Y By: Jeff y"60t Mayor Attest: Joi S rivens City Jerk APPROVED AS TO FORM AND CONTENT: B/ By: //i "e //,-W^-^- MiEhele Vadon City Attorney Attachment(s) Exhibit "A" - Cooperative Agreement, District Agreement No. 07-4832 dated 10-06-2011 Exhibit "B" -- Project Report's R/W Data Sheet dated September 27, 2011 Exhibit "C" E-76 Authorization/Agreement Summary for R/W dated March 2, 2012 El 07-IA-60-R22.0/R23.0 Lemon Avenue Overcrossing EA: 22410 District Agreement 07-4832 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON Or�k. & 2011, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", the CrI`Y OF DIAMOND BAR, a body politic and municipal corporation of the STATE of California, referred to herein as "CITY", and the CITY OF INDUSTRY, a body politic and municipal corporation of the STATE of California, referred to herein as "INDUSTRY". District Agreement No. 07-4832 RECITALS STATE, CITY and INDUSTRY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State Highways System (SHS) within the County of Los Angeles. 2. CITY desires State Highway improvements consisting of the construction of a new partial diamond interchange on State Route 60 (SR 60) at existing Lemon Avenue undercrossing, referred to herein as "PROJECT'. CITY and INDUSTRY desire to fund the Right of Way (RIW) support and capital cost of PROJECT. 4. STATE, CITY and INDUSTRY will cooperate to acquire and certify the necessary Right of Way for the construction of PROJECT. 5. STATE agrees to perform R/W appraisals and acquisitions (STATE SERVICES), while CITY will perform all other R/W support work, as defined in the Scope Summary Attachment 1, attached to and made a part of this Agreement. 6. This Agreement is separate from and does not modify or supersede prior Cooperative Agreement No. 07-4758 and 07-4809. 7. Construction of PROJECT will be the subject of a separate future Agreement. 8. STATE, CITY and INDUSTRY now intend to define herein the terms and conditions under which PROJECT right of way activities are performed and financed. SECTION I STATE AGREES: 1. To perform a few Right of Way activities required for PROJECT as stated herein 2. To perform Right of Way appraisals, acquisitions (STATE SERVICES), as defined in Attachment 1. It is not anticipated that any parcels will be condemned at this time. However, if STATE determines that in order to secure the Right of Way Certification for the construction of PROJECT, it becomes necessary to start condemnation action or defend inverse condemnation actions, the CITY herein gives the STATE authorization to complete the activities at INDUSTRY S costs. 3. At its own expense, to perform Independent Quality Assurance (IgA) of the Right of Way Engineering, associated land surveying and other R/W services performed by CITY. District Agreement No. 07-4832 4. To certify legal and physical control of right of way acquired in accordance with applicable State and Federal laws and regulations, prior to advertisement for bids for construction of PROJECT. 5. If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the improvement to the State Highway and in accordance with applicable local jurisdiction's policy for those facilities which are or will be located outside of the limits of the State Highway. The total PROJECT costs of such protection, relocation, or removal within the present or future State Highway right of way shall be determined in accordance with STATE'S policies and procedures. 6. To submit an initial billing in the amount of $50,000 to INDUSTRY within thirty (30) days upon CITY securing the E-76 for federal aid and prior to commencement of any work performed by STATE. Said initial billing represents CITY and INDUSTRY's share for one month estimated right of way support cost for PROJECT. 7. Thereafter, to prepare and submit to INDUSTRY monthly billing statements for estimated expenditure for right of way support cost one month in advance as development of PROJECT proceeds. Monthly billing statements shall also include a detail of STATE SERVICES for the purposes of seeking federal reimbursement by CITY. 8. To prepare and submit to INDUSTRY a request for direct -payment for right of way capital costs to be paid by INDUSTRY as required for all rights of way acquisition, relocation, utility and railroad as PROJECT proceeds. Said request for payment should be on a mutually agreed to form. In addition, to track all right of way capital costs to be paid by INDUSTRY pursuant to this Agreement. The capital cost tracking report shall be provided to INDUSTRY on a monthly basis. 9. To provide INDUSTRY quarterly reports of R/W support expenditures compared to the monthly advances made by INDUSTRY and to provide updated planned reimbursement schedules. The payment amounts may be revised based on updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that INDUSTRY payments pursuant to Section II, Article 2 will always be sufficient. Reports will include copies of invoices and confirmation of payments made for support services and capital costs for the purposes of seeking federal reimbursement by CITY. 10. Upon completion of PROJECT and all work incidental thereto, to furnish INDUSTRY with a detailed statement of the total actual right of way acquisition capital and support costs for PROJECT. STATE thereafter shall refund to INDUSTRY, promptly after completion of STATE's final accounting of PROJECT costs, any amount of INDUSTRY s deposits required in this Agreement remaining after actual costs to be borne by CITY have been deducted, or to bill INDUSTRY 91 District Agreement No. 07-4832 for any additional amount required to complete INDUSTRY's financial obligations pursuant to this Agreement. 11. To retain, or cause to be retained for audit by CITY and/or INDUSTRY's auditors, for a period of 3 years from date of processing the final payment under this Agreement. Copies of all records and accounts relating to right of way activities of PROJECT shall be furnished to CITY and INDUSTRY if requested by CITY and/or INDUSTRY. 12. To inform INDUSTRY of any issues that could have the potential to increase the actual right of way cost for PROJECT beyond the authorized cost. 13. To acquire all necessary right of way as may be required for construction of PROJECT and CITY hereby authorized STATE to acquire all such necessary right of way required for PROJECT. 14. Settlements that exceed the amount of the approved staff appraisal will be considered ADMINISTRATIVE SETTLEMENTS and will be subject to the requirements of 49 CFR 24.102(1) and STATE'S procedures pertaining to an ADMINISTRATIVE SETTLEMENT. STATE will approve and document all negotiated Settlements. 15. The cost of right of way acquired by STATE, include the actual cost of the right of way charged on reimbursed projects. SECTION II INDUSTRY AGREES: which is funded by INDUSTRY, shall , including direct and indirect costs 1. Within twenty (20) days of receipt of a copy of the Project Progress Pay Estimate of the type defined in Section 2-10 of STATE's Construction Manual, and five (5) business days after receipt of the Electronic Billing Invoice Packet, whichever date is later, INDUSTRY will use either direct pay or any other methods deemed acceptable by both parties to pay to STATE and/or invoiced party for INDUSTRY's obligation of right of way capital and support as required for right of way activities described in Articles 1 and 2 of Section I. 2. To provide one hundred percent (100%) of the total actual right of way support portion of STATE SERVICES, up to a maximum of $586,000 as up -front cash for PROJECT costs. If it becomes apparent that the total maximum cost for right of way support for PROJECT will exceed the maximum amount programmed for expenditure, INDUSTRY shall work promptly to determine necessary additional costs and the source of the additional funds. INDUSTRY s share of the right of way support will not exceed twenty-five percent (25%) up to a maximum of $146,500. 3. To pay one hundred percent (100%) of the total actual right of way capital portion of STATE SERVICES, up to a maximum of $900,000, per STATE's Project District Agreement No. 07-4832 Report's R/W Data Sheet dated July 7, 2010 as up -front cash for PROJECT costs. If it becomes apparent that the total maximum cost for right of way capital for PROJECT will exceed the maximum amount programmed for expenditure, INDUSTRY shall work promptly to determine necessary additional costs and the source of the additional funds and Programming. INDUSTRY s share of right of way capital expenses shall not exceed twenty-five percent (25%) up to a maximum of $225,000. 4. To provide STATE with a certificate of funding. This certificate shall indicate that funds are available and budgeted for payment to STATE and shall be executed by the designated responsible fiscal officer of INDUSTRY. SECTION III CITY AGREES: 1. To perform Right of Way activities as defined against its name in the Attachment - 1 all at its own expense. 2. To secure obligation of federal DEMO funds by preparing the Authorization to Proceed for all Right of Way activities eligible pursuant to 23 CFR 710, including utility relocations. Utility Relocations are to be performed in accordance with 23 CFR 645. STATE agrees that pursuant to federal -aid requirements, none of the eligible activities may commence until the E-76 is secure in order to not jeopardize federal funding. 3. To seek federal reimbursement of seventy-five percent (75%) of total right of way support and capital costs up to a maximum of $1,114,500 based on the monthly billing statements of STATE SERVICES and quarterly reports of reconciled expenditures prepared by STATE. 4. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE'S review, comment, and concurrence at appropriate stages of development. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. All utility facilities not relocated or removed in advance of construction shall be identified on the PROJECT plans and specifications in accordance with the requirements of the State's Design Manuals. To prepare a utility conflict matrix, which is acceptable to the State's R/W Utility Relocation Branch and to the State's Utility Engineering Branch for submittal to Utility Owners, 6. To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way." District Agreement No, 07-4832 7. To prepare Right of Way Engineering hard copy plans, Right of Way Appraisal Maps, Record of surveys, and Right of Way Record Maps in accordance with the "State of California Drafting Manual and Plans Manual", and the State of California Surveys Manual, Chapter 10, and other pertinent reference material and examples as provided by STATE 8. To have all necessary right of way maps and documents used to acquire right of way by STATE prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each right of way map and document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. 9. To submit to STATE for review and concurrence all Right of Way Engineering Land -Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 10. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps, Records of Survey, and title to any property intended to be transferred to STATE. 11. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 12. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document "Materials Needed to Review Consultant Photogrammetric Maaoina" shall be delivered to STATE and shall become property of STATE. 13. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 14. To submit to STATE a list of STATE horizontal and vertical control monuments, that will be used to control surveying activities for PROJECT. Horizontal control shall be tied to NAD 83 HPGN-D 1991.35 epoch. 15. To assist STATE in performing R/W activities if requested by STATE. CITY will perform the activities with CITY staff or through consultant services. STATE agrees to deduct any activities provided by CITY in the STATE's duplicative estimate R/W support cost under Article 2 of Section II. SECTION W IT IS MUTUALLY AGREED: District Agreement No. 07-4832 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC). 2. The cost of any engineering support performed by STATE includes all direct and applicable indirect costs. STATE calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds are subject to the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and the Administration Rate are adjusted periodically. 3. The Parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT right of way engineering (R/W) and surveying activities administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform to then existing STATE standards. IQA does not include any PROJECT related to R/W engineering or surveying work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation of work performed by CITY and/or its consultants and no liability will be assignable to STATE its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. 4. The right of way engineering, appraisals, acquisition, and preparation of environmental documentation and related investigative studies and technical environmental reports for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. 5. If, during performance of right of way activities, new information is obtained which requires the preparation of additional environmental documentation to comply with CEQA and NEPA if applicable, this Agreement will be amended to include completion of these additional tasks by CITY as a PROJECT cost. The CEQA Lead Agency and if applicable, NEPA Lead Agency, shall review, comment and approve the additional environmental documentation. 6. All administrative draft and administrative final reports, studies, materials, and documentation relied upon, produced, created or utilized for PROJECT will be held in confidence to the extent permitted by law, and where applicable, the provisions of California Government Code Section 6254.5(e) shall govern the disclosure of such documents in the event said documents are shared between the Parties. Parties will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the work described herein this Agreement without the written consent of the party authorized to release them, unless required or authorized to do so by law. District Agreement No. 07-4832 7. CITY will prepare the applications for any required regulatory agency permits, agreements and/or approvals for PROJECT. CITY will submit all said applications to STATE for review, comment and approval. CITY will submit the final applications to the appropriate regulatory agencies. The costs to prepare, review, comment, and submit the application to the appropriate regulatory agency will be a PROJECT cost. 8. STATE and CITY will comply with all of the commitments and conditions set forth in the environmental documentation, permits, approvals, and applicable agreements as those commitments and conditions apply to each parties' responsibilities in this Agreement. 9. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical environmental report(s), permit(s), agreement(s), environmental commitments and/or environmental approvals for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 10. STATE has no obligation to perform any work under this Agreement should the funds to perform them remain unavailable or unpaid at any point of time during the life of this Agreement. 11. If actual cost of PROJECT exceeds the amount shown in Exhibit A, CITY and INDUSTRY should be responsible in providing additional funds. 12. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement or affects the legal liability of either party to the Agreement by imposing any standard of care with respect to the construction of State Highways different from the standard of care imposed by law. 13. The party that discovers Hazardous Material (HM) will immediately notify the other party (ies) to this Agreement. HM -1 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by PROJECT or not. HM -2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by PROJECT. 14. STATE, independent of PROJECT, is responsible for any HM -1 found within existing SHS right of way. STATE will undertake HM -1 management activities with a minimum impact to PROJECT schedule and will pay all costs for HM -I management activities. District Agreement No. 07-4832 STATE has no responsibility for management activities or costs associated with HM -1 found outside the existing SHS right of way. CITY, independent of PROJECT, is responsible for any HM -1 found within PROJECT limits outside existing SHS right of way. CITY will undertake, or cause to be undertaken; HM -1 management activities with minimum impact to PROJECT schedule, and CITY will pay, or cause to be paid, all costs associated with HM -1 management activities. 15. If HM -2 is found within the limits of PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM -2 management activities. Any management activity cost related to HM -2 is a PROJECT construction cost. 16. Management activities related to either HM -1 or HM -2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 17. STATE's acquisition or acceptance of title to any property on which any hazardous material is found will proceed in accordance with STATE's policy on such acquisition. 18. Neither CITY, INDUSTRY nor any officer or employee thereof are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE will fully defend, indemnify, and save harmless CITY, INDUSTRY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 19. Neither STATE, INDUSTRY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify, and save harmless STATE, INDUSTRY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 20. Neither STATE, CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by INDUSTRY under or in connection with any work, authority, or jurisdiction conferred upon INDUSTRY under this Agreement. It is understood and agreed that INDUSTRY will fully defend, indemnify, and save harmless STATE, CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited District Agreement No. 07-4832 to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by INDUSTRY under this Agreement. 21, The Parities hereto will carry out PROJECT in accordance with the Scope of Work, attached and made apart of this Agreement, which outlines the specific responsibilities of the Parties hereto. The attached Scope of Work may in the future be modified in writing to reflect changes in the responsibilities of the respective Parties. 22. Prior to the commencement of any work pursuant to this Agreement, either STATE, CITY or INDUSTRY may terminate this Agreement by written notice to the other party. 23. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto, 24. This Agreement shall terminate upon the completion of all right of way activities, including final accounting, acceptance of Title, recordation of the acquired land in the County Recorder's Office and close out of all utility relocation agreements. However, the ownership, indemnification, document retention, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. 10 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION MALCOLM DOUGHERTY Interim Director By: ichael Miles District Director APPROVED AS TO CONTENT: By: Andrew P. Nierenberg District Deputy Director of Right of Way APPROVED AS TO FORM AND PROCEDURES: Bap. --3 Attorney Department of Transportation CERTIFIED AS TO FUNDS: By: 4L" District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: By:��d� Accounting Administrator 11 District Agreement No. 07-4832 CITY OF DIAMOND BAR By: / Steve Tye Mayor Attest: ` - Tommye Cribbins City Clerk APPROVED AS TO CORM AND PROCEDURE: City Attorney APPROVED AS TO FORM AND PROCEDURE: By:— Michele Vadon City Attorney District Agreement No. 07-4832 ATTACHMENT 1 Scope of Work This Scope of Work outlines the specific areas of responsibility for various right of way activities for the proposed Route 60/Lemon Ave Interchange. RESPONSIBILITY STATE CITY R/W ACQUISITION & UTILITIES --- ---- ------.-._.----------- ------..-...------------------- Prepaze Request— for Authorization- of Federal -Aid X Secure Federal -Aid for Right of Way Activities X Right of Way Capital & support (EA Phases 9 & 2) I X -------..... .... .._,,...------- - ------------ - Request Utility Verification X j Request Preliminary Utility Relocation Plans from j X Utilities j Prepaze R/W Requirements i X Prepare R/W Certification I X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District 1 X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Pians X Submit Utility Relocation Plans for Approval &Review X Recommend for Approval Utility Relocation Plans for! i X Project Design and Encroachment Permit compliance Approve Utility Relocation Plans .__........_...._.... -._.,_..__.,__._.._...----.-.---...---X_,__.._, Submit Final R/W Requirements for Review &Approval C X Fence and Excess Land Review X Approve R Requirements X / W ------------------ Obtain ______Obtain Title Reports, Updated Title Reports and Policies" X ofTitle.._.... - ---- — - ._,_.... _q - :------- -- -- -- X. Provide all the deeds and other ac msition documents i Including resolution of necessity and court exhibits Review and Approve Appraisals for Setting Just ; X ComP - ensahon-_._._..___._.....-----.-____.._._._._._ Prepare Acquisition Contracts X 12 District Agreement No. 07-4832 Acquire R/W X CITY INDUSTRY Open escrows and Make Payments X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X $675,000 (75%) $225,000 (25%) Prepare Displacee Relocation Payments X $439,500 (75%) $146,500 (25%) 1 Perform Property Management Activities X i - .. Clearance Activities X - 1 Prepanre a aSubmit Certification of R/W _ _.... _.__..... __ _ ...__ X._, 1 $1,114,500 $371,500 ReviewR/W Approve Certification of R W Approve & Record Mile Transfer Documents X Prepare R/W Record Maps X i Prepare R/W Appraisal Maps i X Submit R/W Appraisal Maps X Approve R/W Appraisal Maps X 1 - _ Prepare Excess Land Descriptions and Plats ....... I X Final R/W Monumentation and Record of Survey X --- -- _.--_---------------,-._..__ _ ._.._.... - - _..-._.._ ... 1 # Activities stated against STATE name are together referred to STATE SERVICES. EXHIBIT A COST ESTIMATE for STATE SERVICES Item STATE CITY INDUSTRY Right of Way Capital $0 $675,000 (75%) $225,000 (25%) Right of Way Support I $0 $439,500 (75%) $146,500 (25%) Total 1 $1,114,500 $371,500 CITY funds are federal DEMO funds INDUSTRY funds are local funds 13 Slate 0 Calhfornia DEPARTMENT OF TRANSPORTATION Memcfrandum To: Khan A. Hossain, Design Manager. Ortic: ol'De,ign District 7. I.os Angeles Office From: Dan Nlurdocli. Office Chief Right of k1 ay Appraisals, and Planning & Management Distrn 7. Los Angeles Office sanleef: Current Estimated Right of Way Costs for Proiect Report Business, Transportation and Housing Agency Flex your power! Be energy efficient/ Date: 927/11 EA: 224101 Data Sheet ID NO: 1879 Project ID NO 0700000357 We have completed an estimate of the Right of Way costs for the above referenced project based on information received from Godfrey Nzeogu, PE, and the following assumptions and limiting condiiiur apple: • I he mapping did not provide sufficient detail to determine the limits of the right of way rcgo i red. I he nansportation facilities have not been sufficiently designed so our estimator could ,lewrmine the damages to any of the remainder parcels affected by the project. • ldditional right of way requirements are anticipated, but are not defined due to the preliminary nature of the estimate, \\k have determined there are no Railroad functional involvements in the proposed prr-jeet at this time. No other right of way functional involvements noted per the Data �hrct Request. Right of Way Certificate (RWC) lead time will require a minimum of 24 months after maps to appraisal (MA). Completed Appraisal maps include I-IMDD, COS, HW Memo, and RE -49. An executed copy of the new freeway agreement if required for the project. When utility relocation is warranted,uti lity conflict maps will be required. Additionally a minimum of 18months will be required after receiving the last revision to the appraisal map. Shorter lead times will require either more right of way resources or an increased number of condemnation suits to be filed and present a risk to the RWC project delivery milestone. Current Schedule: PAED ft (4'2 W1 MA (M 224)_ RWC(M410) RTL (M480) CCA(M600) �qI 10/12/10 I 12/16%10 7/18/13 10/25/13 1/2/15 "Collrans improves mobffity across California" 'S KHARNOSSNN R/WDATASHEET Oale dData Shoat 9([]/2011 10 NO A4 IN GODFREYNZEOGU w1313 ��� PH'iNE 21MI17.0346 SENIOR RN: I'ZIA REVISED nC,TF I.R eO UPDATED PM .<!l rIJ:Y 51230 PRDJ,_DESC pr,smdanlNerrhan&em RcUe6Ual Lemon Avenge ,� ISI, In Pie CIIy of Dianona Bar This cost estimate IS pursuantto the following statements which are based on Information provided by KHAN HOSSAIN. This cost estimate ill for the above scoping reportonly. This is an estimate only and not an appraisal. It may be based on worse case scenarios. The aslimale is subject to change and revision. The mappmn did not provide sufficient not adequate detail to detemline the limits of thr Right of Way required and effects on the Improvements. The transportation Iaulilles have not been sufficiently designed for our estimator to determine the damages to any of me remainder parcels affected by the project Residential alsolacement is not involved . Utility facilities or Itllity Right of Way are bill Railroad facames cI R R Right of Way are not affected. Right of Way work will be performed by Caltrans staff. Major items w Construction Contract Work are amcipaled No mate dal awrow andfar disposal sites are not required. There are no potential relinquishments and/or abandonments. There are pal anlia( hazardous waste parcels Time constraints precluded a detailed cost estimate. The time schedule provided by the requesting party did not permit time, for a field Inspection. W w aeq.(Incl.contingency, G.w-condem: adm.s-tQPermits Clearance RAP (cont rate.) RW COST ESTIMATE CURRENT VALUE ESCALATED VALUE $1,226,018 $1,400,290 NONE NONE NONE NONE Escrow costs (cont rate.) $28,784 $12.878 Utility relocation costs $147,000 $183,274 Estimate of Reimbursed Appraisal Fee $22,500 $22,500 Total estimated cost $1,424,302 $1,639,939 ESCALATION RATE RW ,07 ESCALATION 71ATE Utilities 0.08 CERT.OATE 7/18/13 ROUTE SR 50 PARCELCOUNT PM RM PM215.230 PARCEL PDA' EA 224101 TYPES APPR ALT A POTENTIAL POTENTIA R 0PARCELS WITH CLEARANCE LE%CESS RIGHTS OF RAP PARCELS PARCELS OF UNITS T NEEDED TAKES 0 Rot known atlhie C SfR t'm<. FEE T FULL O POTENTIAL GSE 18 PART 16 MULTI CONbEMNATHIN ICE 14 TOTAL 16 BUS PARCELS W ESTIMATE OF PTS p PFRAMAI I UMLM95 ACQVISMON5 PY HOURS PV HOURS RAILROAD PY HOURS PYU41 pY HOUR6 A A PYU43 C 6 M D 0.>616 1,160 B 0.4216 1180 PYUd0 C UA411 1,660 SC C OAJ96 1]66 PYU44 0.513 1'060 D PYUST LICIRE 0 F PY US S W F PYUSS 0.1365 e76 Dual j C�ONOMANAgTpOONN CLEARnNCE RELOCC,ATION PERMITS P p � PV 0.0$10 HOURS UTILITY INFORMATION Are U Am un4H•xaLAnxe13 TOTALCURRENTCOST 6147000 rx9air°•1 Na. of a44pmNls AreUUya9wm0nts vec requr.d CONST. COMPLETIONCA�. MM014 Typesal ULT. Fa0aces S a0nnts. mcwrec YsmpLm UTILITY ESCALATION RATE 8% ESCALATED VALUE TO 6183274 UTILITY CONSTRUCTION COMPLETION GATE RR INFORMATION AIp RRe. fOvd :v De¢cibe aY.aaaJ Mrmv noralroatl nwlwmvnlwiN:n me FWectlnls RR Vbl'cN BRANCH ONES OR SPURS ARE AFFECTEc Vv0ULO ACCUISITION AND OR PAYMENT OF DAMAGES TO BUSINESSES AND OR iNDLGTRIES SERVED BY THE RA�UFOAD FACILITY BE WORE 005"FFECTIVE THAN SERVICEOONTRACTS,OR GRADE SEPARATIONS REOtI'RING C(N:S:PUC➢GN ANO N4 N'TENANCEAGREFMEA'Ta INVOLVED? Baan ExRa:n erarrn tale• g DISCUSS T^ PLS JI' AGREEIAENTS AND RIGHTB REQUIRED FROM THE RAILROADS. PRE GRADE XING REQUIRING SERVICE CONTR44TS r`N C+PADE SFPARATIONS REDO RING OONSTRGCTION AND MAINTENANCE AGREEMENTS INVOLVED. .he ESTIMATcCCUA- C P'ESTAtIlDRALLP.R INVOLVEMENTS 50 Riehl W Way E4lm31e prepued by RaprbaJ'esllmabpraParedbV Lov2NWAn0eraen DATE 1,2211 9"Wil Utllltiec Esttmale,i,Vrhdby BI11y ECoaper E111,I9 I have personally reviewed this RNV Data Sheet and all supporting intonation I cerfify that the probable highest and best use estimated values and assumptions are reasonable and proper subject to the limiting conditions set forth and I find this Data Sheet Complete and current. Thio Dala Shael is no¢bbe signee py CllkTblless aeeompa l¢tlW naf scoping report(P ,PSSN tar reNewanalorsignalua. Senlw Rah: OWay AS¢nr A k )\ \ /E § \ ;; !§a§«®6e»a;/§!B ; §§)§§\)§}!Er§(§\> } \ }(}\ zzzzz \ \ q . \ \ \( \ \\ q( \§; 0000\ )�kUo,w[)...... a\laae mo Q( E ()\\(k k )\ \ /E § \ ;; !§a§«®6e»a;/§!B ; §§)§§\)§}!Er§(§\> } \ }(}\ zzzzz 0000\ a\laae / \ 0000\ \ �wcom�\wwwa 00 000 0 Iq \\! of !:: |/2/ �y) �- \ \ \� \6 \�\ %a � 0000 S2�Qm imm! m : ; ;l;= ( \\}/\ ) :� !�0 §\§(2 ` ( /)()§ / Agenda # 6.6 Meeting Date: 1010212012 CITY COUNCIL ;:P''�/ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man y�r TITLE: RESOLUTION NO. 2012 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR $158,646 OF LAND AND WATER CONSERVATION GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $158,646 MATCH FROM THE CITY, FOR DEVELOPMENT OF THE PETERSON PARK TRAIL, RECOMMENDATION: Adopt the Resolution. FINANCIAL IMPACT: Development of the Peterson Park Trail is estimated to cost $317,292. The Land and Water Conservation grant requires a 50% match from the City. Staff is requesting $158,646 from the Land and Water Conservation Fund. The remaining amount is $158,646. Staff is requesting this money from the General Fund unless other funding is secured. BACKGROUND: The Peterson Park trail is included in the City's Parks and Trails Master Plan that was adopted by the City Council in 2011. This project will develop 1,775 feet of trail from the trail head near the perimeter walkway at Peterson Park to the viewing area at the top of the trail. Estimated cost to fund the development is $317,292. The Land and Water Conservation grant provides an opportunity to obtain funding to develop this phase of the trail. As this is a matching grant, any grant funds awarded to the City of Diamond Bar will have to be matched by the City. DISCUSSION: The grant application for this grant is being prepared by Community Services staff. The trail will be improved from the trail head in Peterson Park to the viewing area at the top of the trail. The design will include the development of a decomposed granite path with steps similar to those at the Steep Canyon trail head. The project will include hand rails along the steps, a path over the v -ditch at the trailhead, cobble drainage swales, lodge pole fencing, benches and signage. The application is due November 1, 2012. This Resolution is a required element of the grant application. This is one of many applications that staff has submitted in an effort to obtain funds to construct improvements identified in the Trails Master Plan. Examples are funding for the four phases of the Sycamore Canyon Park Trails and the trailheads at Steep Canyon and the east side of the Diamond Bar Center property. If awarded this would be the fourth Land and Water Conservation Fund application for the trails in Diamond Bar. Phase III of the Sycamore Canyon Park Trail, the development of the Grand View Trail and the Grand View Link have been funded through this grant program in the past. PREPA ED BY: Alison Meyers Community Services Coordinator REVI W' D Y: Bo se Director of Community Services RESOLUTION NO. 2012 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR THE DEVELOPMENT OF THE PETERSON PARK TRAIL WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the APPLICANT to certify by resolution the approval of Applications and the availability of eligible Matching funds prior to submission of said Applications to the State; and WHEREAS, the proposed Peterson Park Trail Project is consistent with the most recent California Outdoor Recreation Plan (CORP); and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Approves the filing of an Application for Land and Water Conservation Fund assistance; and 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88-578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and 4. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project; and 5. Appoints the City Manager of the City of Diamond Bar as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. Approved and Adopted on the 2nd day of October 2012. Ling Ling Chang Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 2nd day of October 2012 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL TO: Honorable Mayor and VIA: James DeStefano, City M Agenda # 6.7 Meeting Date: October 2 2012 AGENDA REPORT of the City Council TITLE: Accept Resignation of Kevin Hose as a Member of the Traffic and Transportation Commission and Direct the City Clerk to Advertise to fill the unexpired term. RECOMMENDATION: Accept Resignation and direct staff to advertise vacancy. FINANCIAL SUMMARY: There is no financial impact. BACKGROUND: In March 2012, Council Member Carol Herrera appointed Kevin House to serve as a member of the City's Traffic and Transportation Commission for a two-year term. On September 26, 2012, Councilmember Herrera received an email from Mr. House resigning his appointment effective upon a replacement. Due to the resignation, the City Clerk is required to post the vacancy in the three designated locations as well as on the City's website for anyone interested in filling the unexpired term (February 2014) to complete the "Citizen's Application" and return it to the City Clerk no later than Wednesday, October 10, 2012. Thereafter the item will be placed on an upcoming agenda for approval by the City Council. PR PARED r� REVIEWED BY: Tommy4—cribbins, City Clerk David Doyle, it anager Tommye Cribbins From: carolaherrera@aol.com Sent: Wednesday, September 26, 2012 11:18 AM To: Tommye Cribbins Cc: James DeStefano; David Doyle Subject: Fw: Thanks & Resignation. Resignation from my Traffic Commissioner, put on agenda for Oct 2nd Council meeting. If there is a form for prospective candidates to be filled out, please email that to me. Thanks..... Carol ------Original Message ------ From: Kevin To: Carol Subject: Thanks & Resignation. Sent: Sep 25, 2012 1:49 PM Carol, I've had the pleasure of serving the City of Diamond Bar as a Traffic & Transportation Commissioner for almost six years now and I have you to thank for it. Being on the Commission has provided me a wealth of knowledge and experience in both traffic management as well as local government. As you know I was hired by Mt SAC last January and I'm on a permanent full-time fixed schedule which unfortunantly conflicts with the Commission meetings. I will most likely be on this schedule till I retire in 10 years. In the past year I've missed two meetings. One because I was sick and one due to my work schedule. But in order to attend the meetings I must give up my sleep prior to working my graveyard shift. Because of my health issues, sleep is very important in keeping me healthy. I will stay on until a replacement can be found. A lucky person such as I, who will have an outstanding opportunity to serve their community. Thanks for EVERYTHING! Kevin House Sent via B1ackBerry by AT&T 1 CITY COUNCIL TO: Honorable Mayor and VIA: James DeStefano, City M Agenda # 6 _ g Meeting Date: October 2, 2012 AGENDA REPORT the City Council TITLE: ADOPT RESOLUTION NO. 2012 -XIX APPROVING FINAL PARCEL MAP NO. 71362, FOR THE SUBDIVISION OF AN EXISTING 3.07 -ACRE VACANT LOT INTO 2 SINGLE FAMILY RESIDENTIAL LOTS LOCATED AT 2127 DERRINGER LANE (APN 8713-034-030), IN THE CITY OF DIAMOND BAR; AUTHORIZE MAYOR TO EXECUTE A SUBDIVISION AGREEMENT AND DIRECT THE CITY CLERK TO PROCESS THE FINAL MAP. RECOMMENDATION: Adopt Resolution; Authorize the Mayor to execute the Subdivision Agreement; and Direct the City Clerk to certify and process the final map for recordation. FINANCIAL IMPACT: There is no financial impact to the City. BACKGROUND: The Tentative Parcel Map application was presented to the Planning Commission by Tritech Associates, Inc., at a duly noticed public hearing on May 24, 2011 which the Commission concluded its review of the application and adopted Resolution No. 2011- 17 recommending City Council Approval of Tentative Parcel Map No. 71362. The City Council conducted a duly noticed public hearing on this application on June 21, 2011 and adopted Resolution No. 2011-28 approving Tentative Parcel Map No. 71362. DISCUSSION: The conditions of approval require that certain improvements (sewer lateral connection and monumentation) be constructed for this development. As the improvements have not been completed at this time, Triton Associates, Inc. is prepared to enter into an agreement with the City to complete these improvements as a condition following the approval of the final map and has offered a cash deposit to secure performance of such improvements. The attached Subdivision Agreement provides for the completion of the sewer lateral improvements and setting of subdivision monuments within 1 year from the effective date of the Subdivision Agreement. The cash deposit posted is to guarantee work for the sewer lateral Installation and monumentation with a grand total estimated amount of $4,500.00. The Final Parcel Map subdivides 3.07 acres into 2 single family residential lots within the Country Estates. To date, permits have not been issued for any of the improvements; however, the applicant has expressed the desire to install the sewer lateral and to set survey monuments shortly after the final map is approved. The Final Parcel Map 71362 has been reviewed by the City and has been found to be technically correct and conforms substantially to the approved tentative parcel map. The final map meets the requirements of the conditions of approval. PREPARED BY: Erwin Ching, Assistant Engineer REVIEWED BY: f;. 1 David G. Liu;'Director of Public Works Attachments: A) Resolution No. 2012 -XX B) Subdivision Agreement C) Parcel Map No. 71362 2 DATE PREPARED: September 27, 2012 RESOLUTION NO. 2012 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL PARCEL MAP NO. 71362, FOR THE SUBDIVISION OF AN EXISTING 3.07 ACRES VACANT LOT INTO 2 SINGLE FAMILY RESIDENTIAL LOTS, LOCATED AT 2127 DERRINGER LANE (APN 8713-034-030), IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS (i) Tritech Associates, Inc., 135 N. San Gabriel Blvd., San Gabriel, CA 91775 (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Parcel Map No 71362, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On May 24, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Vesting Tentative Parcel Map and, upon conclusion of said public hearing the Planning Commission adopted its Resolution No. 2011-17 recommending that the City Council approve Tentative Parcel Map 71362. (iii) On June 21, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Parcel Map and, upon conclusion of said public hearing the City Council adopted it's Resolution No. 2011-28' approving Tentative Parcel Map 71362. (iv) All legal prerequisites to the adoption of this Resolution have occurred B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set for in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map and this Council hereby specifically approves Final Parcel Map 71362, as presented. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the Application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Tritech Associates, Inc. 135 N. San Gabriel Blvd, San Gabriel, CA 91775 PASSED, APPROVED AND ADOPTED this 2nd day of October, 2012. Ling -Ling Chang, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 2"d day of October, 2012, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Parcel Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Parcel Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Parcel Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Division. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Parcel Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, and all applicable City Standards, famish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto. B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of SUBDIVISION AGREEMENT PAGE NO. the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. SUBDIVISION AGREEMENT PAGE NO. 2 Z. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City shall not be required to engage in this process of partial acceptance of work more than once between the start of work and completion and acceptance of all work, though the City may choose to allow for a partial release at any time at its discretion. C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. D. The Subdivider shall complete the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraphs B and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer that all Improvements have been completed, notify the Subdivider, or his or her assigns, in writing. E. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, SUBDIVISION AGREEMENT PAGE NO. 3 replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements described herein shall include Subdivider's liability hereunder for the one (1) year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 11 A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (1) year after the SUBDIVISION AGREEMENT PAGE NO. 4 completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (3 0) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized upon the City's acceptance of partial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security. C. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon approval of a revised cost estimate for any remaining work, the public entity SUBDNISION AGREEMENT PAGE NO. 5 shall release all performance security except for security in an amount of two hundred percent (200%) of the cost estimate of the remaining work. D. Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, or before all claims filed during the one year warranty period have been settled. E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda of the next meeting of the City Council for the release of the remaining performance security famished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment. Upon approval of the agenda item, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given. F. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. SUBDIVISION AGREEMENT PAGE NO. 6 C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Irnprovement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et seq.) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this Section 7.C; then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or laps without thirty (30) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. SUBDIVISION AGREEMENT PAGE NO. 7 B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement; i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; V) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. SUBDIVISION AGREEMENT PAGE NO. 8 B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by SUBDIVISION AGREEMENT PAGE NO. 9 the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security fumished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21825 Copley Drive Diamond Bar, CA 91765 If to the Subdivider: Sumermal Vardhan 320 Woodruff Drive Walnut, CA 91789 Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail. SUBDIVISION AGREEMENT PAGE NO. 10 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - Authorized Representative Authorized Representative SUBDIVISION AGREEMENT PAGE NO. 11 "CITY" - THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION Ling -Ling Chang, Mayor Date: Attest By: Tommye A. Cribbins, City Clerk Date: Approved as to form: By: City Attorney Date: SUBDIVISION AGREEMENT PAGE NO. 12 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL PARCEL MAP NO. 71362 ("Final Map" herein) Parcel No. 71362 , ("Subdivision" herein) Subdivider: Sumermal M. Vardhan Subdivider Address: 320 Woodruff Drive, Walnut, CA 91789 CITY COUNCIL RESOLUTION OF APPROVAL No. ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING $ N/A STORM DRAIN $ N/A SANITARY SEWER LATERAL $ 2,500.00 ROAD IMPROVEMENTS $ N/A LANDSCAPE & IRRIGATION $ N/A MONUMENTATION $ $ 2,000.00 DOMESTIC & RECLAIMED WATER $ N/A FORM OF SECURITY: CASH DEPOSIT NAME AND ADDRESS OF CORPORATE SURETY: N/A SUBDIVISION AGREEMENT PAGE NO. 13 SURETY BOND/ACCOUNT NUMBERS: N/A GRADING STORM DRAIN SANITARY SEWER ROAD IMPROVEMENTS DOMESTIC & RECLAIMED WATER LANDSCAPE & IRRIGATION MONUMENTATION EFFECTIVE DATE OF AGREEMENT:OCTOBER 2, 2012 COMMENCEMENT OF IMPROVEMENT WORK: COMPLETION PERIOD: 1 YEAR SUBDIVISION AGREEMENT PAGE NO. 14 SCHEDULE A PARCEL MAP SANITARY SEWER LATERAL PER SPPWC DETAIL NO. 222-2, TYPE A, (I SHEET), SIGNED BY: SUMERMAL M. VARDHAN, RCE No. 25335 SUBDIVISION AGREEMENT PAGE NO. 15 K -PROPERTY LINE I UNLESS OTHERWISE CNOTENTER LINE I �' I LENGTH A CAP UNLESS JOINING EXISTING HC (SEE NOTE 4) ELEVATION >I PROFILE TYP E A TOP OF CURB STREET SURFACE fir -PROPERTY LINE UNLESS OTHERWISE CENTER LINE NOTED OF MAIN SEWER LENGTH A CAP UNLESS LENGTH B JOINING EXST H (SEE NOTE 4) BEND ASBN ED�D6 ELEVATION F--�' ELEVATION h 7 PROFILE TYPE C SCHEDULE "A" TOP OF CURB STREET SURFACE jor—NE I PROPERTY OTHERWISE CENTER LINE NOTED OF MAIN SEWER LENGTH A kCANLESS EXISTING HCTE 4)CAPELEVATION F 6" (150 mm) WYE I z FT- Ill �.. 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