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01/17/2012
THIS MEETING IS BEING I BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 17, 2012 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 2012-01 Next Ordinance No. 01 (2012) 6:30 p.m. Mayor -N.--rem Cantor Paul auclT 03u,07 Temple Beth Israel Council Members Everett, Herrera, Tye, Mayor Pro Tern Tanaka, Mayor Chang Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. January 17, 2012 PAGE 2 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting - January 24, 2012 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting - January 26, 2012 - 7:00 p.m. (Location to be Announced). 5.3 City Council Meeting - February 7, 2012 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: ':::F- Veve-A-1 k1c oe ec, — R Q-\) 15`0 6.1 City Council Minutes - Regular Meeting of December 20, 2011 - Approve as submitted. 6.2 Ratification of Check Register - Dated December 15, 2011 through January 11, 2012 totaling $ 1,420,789.83. Requested by: Finance Department 6.3 Treasurer's Statement - Month of November 2011. Recommended Action: Approve. Requested by: Finance Department 6.4 Transmittal of Comprehensive Annual Financial Report for the Year Ending June 30, 2011. Recommended Action: Receive and File. Requested by: Finance Department 6.5 Determination Whether the City Council Should Elect to Become the Successor Agency to the Diamond Bar Redevelopment Agency and Adoption of Resolution No. 2012-01 Making an Election to Serve as a Successor Agency Under Part 1.85 of Division 24 of the California Health and Safety Code. Recommended Action: Approve City as Successor Agency and Adopt Resolution. January 17, 2012 PAGE 3 Requested by: City Attorney and City Manager 7. PUBLIC HEARINGS: None. 7.1 Resolution No. 2012-02: Approving Tentative Parcel Map No. 71362 and Parking Permit No. PL2011-260 to Subdivide a 4.4 -Acre Existing Shopping Center into Three Separate Parcels and a Parking Permit to Share Driveway Access and Parking Between the Three Properties Located at 300-324 S. Diamond Bar Blvd. (Accessor's Parcel Nos. 8281-010-057 and 058). Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt Resolution No. 2012 -XX: Requested by: Community Development Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: 7.65 e, Yw Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 20, 2011 CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City Council Meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Steve Tye led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Member Steve Tye, Mayor Pro Tern Jack Tanaka, and Mayor Ling -Ling Chang. Absent: Council Members Ron Everett and Carol Herrera were excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Deforges, 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; Kimberly Young, Associate Engineer; Rick Yee, Senior Civil Engineer; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Submitted. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presented a City Tile to Chief Deputy Fred M. Hungerford, Los Angeles County Public Library, retiring after 41 years of service. 1.2 Presentation by Michael Cacciotti, South Coast Air Quality Management District Board Member on challenges facing air quality in the basin, health impacts by pollution and programs available to cities, businesses and residents. M/Chang asked if the infrastructure was in place to accommodate electric vehicles. Mr. Cacciotti stated that at this time it is not; however, he has met with members of the Electric Vehicle Collaborate which consists of about 25 cities as well as, Caltrans, LA County, community colleges, State universities and "Adopt the Chargers", a n6n-profit group supported by large businesses which currently is installing updated facilities in state and national parks, and Cal State Universities. With State and Federal funding in place the AQMD is spearheading the project and in a year to a year and a half there will be stations all over the southland. DECEMBER 20, 2011 PAGE 2 CITY COUNCIL M/Chang asked if Edison had the infrastructure in place for supplying the additional electricity. Mr. Cacciotti stated that when asked, Edison responded affirmatively. Edison is in the process of updating its system as well. If residents charge their vehicles during off-peak hours from midnight to 5:00 a.m. it is not an issue. With additional use it may become an issue and Edison is anticipating vehicles charging on one transformer. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano introduced new City Finance Director, Dianna Honeywell. 3. PUBLIC COMMENTS: Hala Murad, Event Chairperson for Relay for Life of D.B. spoke about the kickoff of the 7th Annual Relay for Life on January 23, 2012 from 5:00 p.m. to 7:30 p.m. at D'Antonio's Ristorante, 808 N. Diamond Bar Boulevard followed by the Relay for Life at Lorbeer Middle School on Saturday, May 19, 2012 from 9:00 a.m. to Sunday, May 20, 2012 9:00 a.m. To register, please visit www.relayforlife.org/diamondbarca to start a team, join a team, register as a survivor or participant in the relay, register and save on early bird registration. For further information, contact Ms. Murad at diamondbarrsiCa)-qmail.com or call her at 909-860-5503. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — Continues through Sunday, January 1, 2012 — Free Shuttle Services for riders 18 years of age and older to and from Diamond Bar Shopping Centers. 5.2 Christmas Holiday — December 23 and 26, 2011 — City Offices closed in observance of the Christmas Holiday. City Offices reopen Tuesday, December 27, 2011 at 7:30 a.m. 5.3 Holiday Tree Curbside Collection Program — December 26, 2011 through January 13, 2012. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree over six (6) feet in height must be cut in half. 5.4 Late Night Transit Pass Sales — Tuesday, December 27 and Wednesday, December 28, 2011 until 7:00 p.m., Diamond Bar City Hall, 21825 Copley Drive during City Hall relocation. DECEMBER 20, 2011 PAGE 3 CITY COUNCIL 5.5 City Hall Relocation to 21810 Copley Drive — December 29 and 30, 2011 — Limited Public Counter Services, such as recreation class registrations, transit pass sale and planning and building permit issuance will be temporarily transferred to the Diamond Bar Center, 1600 Grand Avenue. 5.6 New Year's Holiday — January 2, 2012 — City Offices closed Monday, January 2, 2012 in observance of New Year's Day. City Offices reopen Tuesday, January 3, 2012 at 7:30 a.m. at the new City Hall location, 21810 Copley Drive. 5.7 Planning Commission Meeting — January 10, 2012 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.8 Traffic and Transportation Commission Meeting — January 12, 2012 — 7:00 p.m. in Room CC -2 of the AQMD/Government Center, 21865 Copley Drive. 5.9 Winter Snow Fest — January 14, 2012 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Drive —Admission Free. 5.10 City Council Meeting —January 17, 2012-6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, MPT/Tanaka seconded, to approve the Consent Calendar. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Everett, Herrera 6.1. CITY COUNCIL MINUTES — Regular Meeting of December 6, 2011 - Approved as submitted. 6.2 RATIFIED CHECK REGISTER — Dated December 1, 2011 through December 14, 2011 totaling $2,089,996.67. 6.3 ADOPTED RESOLUTION NO. 2011-51: ESTABLISHING AN ADDRESS FOR RECEIPT OF THE UNITED STATES MAIL AT 21810 COPLEY DRIVE EFFECTIVE JANUARY 1, 2012. 6.4 APPROVED ADJOURNING THE DECEMBER 20, 2011 CITY COUNCIL MEETING TO JANUARY 17, 2012. 6.5 AUTHORIZED CITY MANAGER TO DONATE ANY SURPLUS FURNITURE, FIXTURES AND EQUIPMENT IN CONNECTION WITH THE MOVE TO THE NEW CITY HALL FACILITY. DECEMBER 20, 2011 PAGE 4 CITY COUNCIL 6.6 APPROVED EXTENSION OF CONTRACT AGREEMENT WITH DIVERSIFIED TRANSPORTATION, LLC BEGINNING JANUARY 1, 2012 TO JUNE 30, 2013. a on I AD :• $I gj FAI 7. PUBLIC HEARING(S): a) ADOPT RESOLUTION NO. 2011-52: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION INCLUDING $272,282 IN FISCAL YEAR 2012-2013 FUNDS AND $126,356 FROM UNALLOCATED BALANCE OF FUNDS FOR A TOTAL AMOUNT OF $398,638. ACM/Doyle reported that the Community Development Block Grant funds originate from the Federal government and are then passed through the LA County Community Development Commission to be used by the City to meet one of the following national objectives: Addressing blight and slum conditions of which D.B. has none; meeting urgent community development needs; benefiting low and moderate income persons; and, the removal of barriers for elderly and disabled persons. The City's estimated CDBG allocation for FY 2012-2013 is $272,282. Additionally, the City has a balance of unexpended funds of $126,356. A portion of those funds are contained within Item B which are funds originally allocated for ADA Retrofits at the new City Hall which could not be used based on the timeline for that construction project. Therefore, staff is recommending that the City Council authorize those funds to be re -programmed into the upcoming fiscal year in the amount of $398,638. As required, by the CDC and Federal government, the City published a public notice announcing the availability of these funds and solicited applications from eligible service providers. The applications, the requested funding from those applications as well as, the recommended funding provided by staff for each request is contained in tonight's agenda packet. In addition to funding specific projects and programs, the CDBG funds are also used to offset administrative costs that the City expends to run the program. Historically, CDC has allowed 10 percent of the total CDBG allocation for administrative costs. Last year this amount was reduced to 7.5 percent. This year there is an expectation that the CDC will not allow any administrative costs. Therefore, ACM/Doyle wanted to make it clear that if the CDC eliminates all overall program administrative costs to be allocated to the CDBG program the City would redefine the programming of administrative costs to the project level which is still an eligible CDBG funded cost. The total cost for these program allocations is approximately $20,000 and the net result would be a proportionate lessening of funding for each individual project and be proportionate according to the funds that project would be eligible to receive. This year staff is recommending that $150,00.0 be used to fund the DECEMBER 20, 2011 PAGE 5 CITY COUNCIL rehabilitation of homes in the community for low to moderate income families. Further, staff is recommending that the senior programming and YMCA Childcare programming be funded. Staff is also recommending funding for curb ramp installation in the vicinity of Maple Hill Elementary School and Chaparral Middle School be funded, ADA retrofit improvements to the parks for Stardust Mini Park, Silver Tip Mini Park and Longview South Mini Park projects and funding of various senior programs insurance. M/Chang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. MPT/Tanaka moved, C/Tye seconded, to Adopt Resolution No. 2011-52 as recommended by staff. Motion carried by the4ollowing Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Everett, Herrera b) ADOPT RESOLUTION NO. 2011-53: AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2011-12 TO CANCEL CDBG FUNDING FOR THE ADA RETROFIT IMPROVEMENTS FOR THE CITY HALL PROJECT AND RE- PROGRAM FUNDS TO THE FISCAL YEAR 2012-13 CDBG PROGRAM. C/Tye moved, MPT/Tanaka seconded, to Adopt Resolution No. 2011-153 as recommended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Everett, Herrera COUNCIL CONSIDERATION: None 8.1 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2011-54: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Foothill Transit Board Four -Corners Transportation Policy Group Greater L.A. County Vector Control District Joint Powers Insurance Authority L.A. County Sanitation District No. 21 L.A. County City Selection Committee Tye Chang Herrera Everett Herrera Tye Chang Tye Chang Tye Chang Tanaka DECEMBER 20, 2011 PAGE 6 Chang CITY COUNCIL League of CA Cities - L.A. County Division Chang Tye San Gabriel Valley Council of Governments Herrera Tanaka Southern California Assn of Governments (SCAG) Everett Chang Tres Hermanos Conservation Authority Herrera Everett Wildlife Corridor Conservation Authority (WCCA) Tanaka Everett Wildlife Corridor Conservation Authority Advisory Davis Mahlke STANDING COMMITTEES Economic Development Chang Tye Neighborhood Improvement Everett Tanaka Public Safety Committee Chang Tanaka AD HOC COMMITTEES City Council Goals/City Manager Evaluation Chang Tanaka Industry East Development Advisory Committee Tye Herrera Legislative Chang Herrera Lighting/Landscape Assess Dist subcommittee Everett Tanaka Sphere of Influence/Annexation Herrera Everett LIAISON Chamber of Commerce Tanaka Everett Diamond Bar Community Foundation Tye Everett Library Everett Tanaka PUSD/City Everett Tanaka Senior Citizen Tanaka Chang WVUSD/City Herrera Tye C/Tye moved, MPT/Tanaka seconded, to ratify City Council Committee Appointments and adopt Resolution No. 2011-54: Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Tanaka, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Everett, Herrera 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye welcomed FD/Honeywell to the D.B. team. He wished a Happy Hanukkah to Jewish residents and friends and a very Merry Christmas and safe and Happy New Year. MPT/Tanaka welcomed FD/Honeywell. This past couple of weeks he has been busy with the D.B. Leo Clubs at DBHS and Chaparral. He attended a reception for former PUSD Board Member Richard Rodriquez, a Thank You dinner for the DB Volunteer Patrol members. Last Saturday the D13 Breakfast Lions and DB Leo's donated dozens of new unwrapped toys to Fire Station #120 for their Spark of Love Toy Drive and helped with the Library's Children's Christmas Program. Hevished everyone a Merry Christmas and very safe holiday. DECEMBER 20, 2011 PAGE 7 CITY COUNCIL M/Chang reminded everyone to follow her on Facebook and Twitter as well as on Foursquare which helps promote DB businesses when residents check in. Businesses can provide specials on Foursquare as well. She congratulated Deputy Chief Hungerford on his retirement and acknowledged that County Librarian Margaret Todd was present this evening to support the Deputy Chief during his presentation. She welcomed FD/Honeywell to the City and wished everyone a Merry Christmas and Happy Holidays. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Regular City Council Meeting at 7:18 p.m. The foregoing minutes are hereby approved this day of LING -LING CHANG, MAYOR RXIM Agenda # 6.2 Meeting Date: January 17, 2012 WIN , TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma TITLE: Ratification of Check Register dated December 15, 2011 through January 11, 2011 totaling $ 1,420,789.83. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,420,789.83 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated December 15, 2011 through January 11, 2012 for $ 1,420,789.83 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. Luisa Fua Accounting Technician REV16"IED BT: -D - ctor U Attachments: Affidavit and Check Register— 12/15/11 through 01/11/12. Ri J The attached listings of demands, invoices, and claims iDthe form of8check register including checks dated December 15, 2011 through January 11. 2012 has been audited and iScertified 2Gaccurate. Payments have been allowed from the following funds iD these amounts: Description General Fund PnopA-TnanaitFund PropC-TranaitTaxFund Integrated Waste Mgt Fund Com DexBlock Grand Fund COPS Fund CALaw EnfEquipment Fund LLAID38Fund LLA[}3SFund LLAD41Fund Capital Imp Projects Fund Dianna Honeywell Finance Director Amount -----' $806.758.94 70,163.42 28,760.05 11,298.35 46,347.00 4,400.00 300.00 10.543.45 13.278.21 5,055.66 324,884.75 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 12/22/2011 11 -PP 26 PAYROLLTRANSFER P/R TRANSFER -1 1 /PP 26 115 10200 1,541.42 $168,501.98 12/22/2011 97287 PAYROLLTRANSFER P/R TRANSFER-11/PP 26 001 10200 158,441.64 $795.00 12/22/2011 PAYROLLTRANSFER P/R TRANSFER-11/PP 26 112 10200 3,912.88 12/22/2011 PAYROLLTRANSFER P/R TRANSFER-11/PP 26 113 10200 4,606.04 1/5/2012 12 -PP 01 PAYROLLTRANSFER P/R TRANSFER-12/PP 01 115 10200 1,939.57 $169,432.34 115/2012 1 PAYROLLTRANSFER P/R TRANSFER-12/PP 01 001 10200 155,518.32 1/5/2012 97287 PAYROLLTRANSFER P/R TRANSFER -1 2/PP 01 112 10200 6,063.44 $795.00 1/5/2012 PAYROLLTRANSFER P/R TRANSFER -1 2/PP 01 113 10200 5,911.01 12/22/2011 67116993 UNION BANK OF CALIFORNIA, NA LOAN PAYMENT -BOND DBC 0014090 42140 38,230.86 $68,609.83 12/22/2011 1 JUNION BANK OF CALIFORNIA, NA LOAN PAYMENT -BOND DBC 0014090 42140 1 30,378.97 1 12/15/2011 1 97286 CLEM ZIROLI REFUND -FPL 2004-96 001 23010 1 33.15 $33.15 12/15/2011 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -SEPT 0014411 45410 6,474.36 12/15/2011 97287 ACCESS CONTROL SECURITY SECURITY GUARD SVCS-NOV 0015333 1 45010 1 795.00 $795.00 12/15/2011 97288 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -SEPT 0014411 45410 6,752.40 $19,979.16 12/15/2011 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -SEPT 0014411 45410 6,474.36 12/15/2011 ALL CITY MANAGEMENT SERVICES CROSSING GUARD SVCS -OCT 0014411 45410 6,752.40 12/15/2011 1 97289 ALTIMATECHNOLOGIES INC. COMP MAINT-I.T. 0014070 1 42205 1 850.00 $850.00 12/15/2011 97290 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-OCT/NOV 0014090 42100 952.24 $1,933.34 12/15/2011 JAMERITECH BUSINESS SYSTEMS INC COPIER MAINT-NOV-DEC 0014090 42100 1 981.10 1 12/15/2011 97291 ARCHITERRA DESIGN GROUP INC ADA RETRO -FIT -MINI PARKS 2505310 R46415 30.52 $4,820.32 12/15/2011 ARCHITERRA DESIGN GROUP INC CONSTRUCTION-SYC CYN TRL 2505310 R46415 1,428.75 12/15/2011 ARCHITERRA DESIGN GROUP INC ADA RETRO -FIT -MINI PARKS 2505310 R46415 775.80 12/15/2011 ARCHITERRA DESIGN GROUP INC ADA RETRO -FIT -MINI PARKS 2505310 R46415 2,585.25 12/15/2011 97300 BAE EQ RENTAL -DBC 0015333 42130 12.06 $61.48 12/15/2011 JARROWHEAD ARROWHEAD WATER SUPPLIES -DBC 0015333 41200 1 49.42 1 12/15/2011 97301 BAE FACILITY REFUND -DBC 001 23002 100.00 $16.68 12/15/2011 IHEASUK HEASUK BAE FACILITY CHRGS-DBC 001 23004 -83.32 1 Page 1 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/15/2011 97302 BENESYST FLEXADMIN SVCS -JAN 2012 0014060 1 42346 1 112.32 $112.32 12/15/2011 97303 SAM BHOGAL FACILITY REFUND -DBC 001 23002 700.00 $1,000.00 12/15/2011 1 SAM BHOGAL FACILITY REFUND -DBC 001 36615 300.00 12/15/2011 1 97304 JOHN E BISHOP CONTRACT CLASS -FALL 1 0015350 1 45320 1 525.60 $525.60 12/15/2011 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-REAGAN PK 0015340 41200 1 402.38 12/15/2011 1 97305 TONYIA BOURGEOIS RECREATION REFUND 1 001 1 34730 1 61.00 $61.00 12115/2011 97306 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES -DBC 0015333 41200 82.65 $485.03 12/15/2011 1 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-REAGAN PK 0015340 41200 1 402.38 12/15/2011 97307 LYDIA CASTILLON FACILITY REFUND -DBC 001 23002 700.00 $496.00 12/15/2011 1 ILYDIACASTILLON FACILITY CHRGS-DBC 001 36615 -204.00 12/15/2011 1 97308 CDW GOVERNMENT EQ-WEBCAM 0014070 1 41300 1 186.23 $186.23 12/15/2011 97309 STACY CHERN FACILITY REFUND -HERITAGE 001 23002 200.00 $235.00 12/15/2011 1 ISTACYCHERN FACILITY REFUND -HERITAGE 001 36620 1 35.00 12/15/2011 97310 SHINGLIAN CHU FACILITY REFUND -DBC 001 23002 100.00 $200.00 12/15/2011 ISHINGLIAN CHU FACILITY REFUND -DBC 001 23002 100.00 12/15/2011 1 97311 CITY OF WALNUT CONTRIBUTION FUND -N STOOP 1264411 1 44000 1 4,400.00 $4,400.00 12/15/2011 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 12/15/2011 1 97312 VICTORIA CROSS REIMS-MTG SUPPLIES H/R 0014060 1 42325 1 7.93 $7.93 12/15/2011 1 97313 DAVID VOLZ DESIGN DESIGN SVCS -WASHINGTON PK 2505310 1 R46415 1 1,064.00 $1,064.00 12/15/2011 1 97314 CAROL DENNIS PROF.SVCS-CNCL MTG 1 0014030 1 44000 1 125.00 $125.00 12/15/2011 1 97315 DEPARTMENT OF JUSTICE PRE-EMPLOYMENT PHYSICALS 0014060 1 42345 1 64.00 $64.00 12/15/2011 97316 DH MAINTENANCE JANITORIAL SVCS -DBC 0015333 45300 12,250.83 $13,279.00 12/15/2011 DH MAINTENANCE JANITORIAL SVCS -PARKS 0015340 42210 735.17 12/15/2011 DH MAINTENANCE ADDL MAINT SVCS -DBC 0015333 45300 293.00 'm City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 12/15/2011 97318 DIAMOND BAR PETTY CASH MTGS-SGJVCG 0015510 42325 18.00 $460.87 Check Date Check Number Vendor Name TRNG-NGHBRHD IMP Transaction Description 42340 Fund/ Dept Acct# Amount Total Check Amount DIAMOND BAR PETTY CASH MTG-FINANCE 0014050 42330 20.00 12/15/2011 DIAMOND BAR PETTY CASH 12/15/2011 1 97317 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 1 42310 1 315.48 $315.48 12/15/2011 97318 DIAMOND BAR PETTY CASH MTGS-SGJVCG 0015510 42325 18.00 $460.87 12/15/2011 DIAMOND BAR PETTY CASH TRNG-NGHBRHD IMP 0015230 42340 10.00 $816.00 12/15/2011 97321 DIAMOND BAR PETTY CASH MTG-FINANCE 0014050 42330 20.00 12/15/2011 DIAMOND BAR PETTY CASH MTGS-ERC 0014090 42325 149.99 12/15/2011 1 12/15/2011 SSRI INC DIAMOND BAR PETTY CASH MTGS-PUBLIC WORKS 0015510 42325 13.00 12/15/2011 DIAMOND BAR PETTY CASH MTGS-ENGINEER[ NG 0015551 42325 9.00 12/15/2011 DIAMOND BAR PETTY CASH SUPPLIES -COMM SVCS 0015350 41200 36.88 12/15/2011 DIAMOND BAR PETTY CASH MTGS-COUNCIL 0014010 42325 16.00 12/15/2011 DIAMOND BAR PETTY CASH MTGS-COM DEV 0015210 42325 20.00 12/15/2011 DIAMOND BAR PETTY CASH RAFFLE -RECYCLING 1155515 42325 104.00 12/15/2011 DIAMOND BAR PETTY CASH TRNG-MMASC 0014030 42330 30.00 12/15/2011 DIAMOND BAR PETTY CASH MTG-ENGINEERING 0015551 42325 34.00 12/15/2011 97319 ELITE CONSTRUCTION RETENTIONS PAYABLE 125 20300 -1,500.00 $13,500.00 12/15/2011 JELITE CONSTRUCTION HIP PROG-530 ARMITOS 1255215 1 44000 15,000.00 1 $816.00 12/1512011 1 97320 TINA ELLIOT FACILITY REFUND -DBC 001 1 23002 1 100.00 $100.00 12/15/2011 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 $816.00 12/15/2011 1 97321 EMERALD LANDSCAPE SERVICES INC LANDSCAPE MAINT-DEC 2011 0014093 1 45300 1 816.00 12/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 $12,107.53 12/15/2011 1 97322 SSRI INC JANNL MAINT-GIS FY 11/12 0014070 1 42205 1 12,107.53 12/15/2011 97323 EVERGREEN INTERIORS REPLANT -LIBRARY 0014090 42210 75"00 $412.00 12/15/2011 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 42210 230.00 12/15/2011 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 107.00 12115/2011 97324 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 41 1415541 45500 4,143.87 $30,272.82 12/1512011 EXCEL LANDSCAPE ADDL MAINT SVCS -DIST 38 1385538 42210 2,800.00 12/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 1385538 45500 11,718.00 12/15/2011 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 39 1395539 45500 11,610.95 12/15/2011 1 97325 EXTERIOR PRODUCTS INC INSTALL -HOLIDAY BANNERS 1 0015310 1 44000 1 5,860.00 $5,860.00 Page 3 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/15/2011 97326 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 93.69 $93.69 12/15/2011 97327 HARDY & HARPER INC RECREATION REFUND 001 36625 20.00 $70.00 12/15/2011 1 IMANUELGARDUNO MANUEL GARDUNO RECREATION REFUND 001 23002 50.00 1 12/15/2011 1 97328 ADEL DE GUZMAN FACILITY REFUND -DBC 1 001 1 36615 1 400.001 $400.00 12/15/2011 97329 HARDY & HARPER INC RETENTIONS PAYABLE 250 20300 -2,686.70 $24,180.30 12/15/2011 1 HARDY & HARPER INC NTMP PROJ-DECORAH 2505510 46412 26,867.00 12/15/2011 1 97330 INCONTACT INC LONG DIST SVCS -OCT 2011 0014090 1 42125 1 50.871 $50.87 12/15/2011 97331 INLAND EMPIRE STAGES EXCURSION -CANDLE LGHT PAV 0015350 45310 2,688.00 $3,355.00 12/15/2011 JINLAND EMPIRE STAGES TRANSPORTATION -EXCURSION 1125350 45310 667.00 12/15/2011 97332 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-439 001 23010 413.80 $1,113.80 12/15/2011 INLAND VALLEY DAILY BULLETIN LEGALAD-CDBG 0015210 42115 150.00 12/15/2011 97336 INLAND VALLEY DAILY BULLETIN LEGALAD-CDBG 0015210 42115 220.00 $41.00 12/15/2011 INLAND VALLEY DAILY BULLETIN LEGALAD-FPL 2011-443 001 23010 330.00 12/15/2011 1 97333 KOA CORPORATION DESIGN SVCS -BATTERY B/UP 2505510 1 46412 1 343.65 $343.65 12/15/2011 1 97334 LEWIS ENGRAVING INC.SUPPLIES-COMM SVCS 0015350 41200 29.36 $29.36 12/15/2011 1 97335 CONNIE LILLIE CONTRACT CLASS -FALL 0015350 1 45320 1 480.00 $480.00 12/15/2011 MC GENERAL CONTRACTORS INC HIP PROJ-23966 DECORAH F1255215 1 44000 14,825.00 12/15/2011 1 97336 MARIA L HILARIO REIMB-NOTARY RENEWAL 0015510 1 42340 1 41.00 $41.00 12/15/2011 97337 MC GENERAL CONTRACTORS INC RETENTIONS PAYABLE 5 20300 -1,482.50 $13,342.50 12/15/2011 MC GENERAL CONTRACTORS INC HIP PROJ-23966 DECORAH F1255215 1 44000 14,825.00 12/15/2011 97338 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES-NOV 11 1155515 44000 1,272.29 $5,023.78 12/15/2011 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -OCT 11 1155515 44000 904.19 12/15/2011 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -OCT 11 1155515 44000 1,406.36 12/15/2011 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES-NOV 11 1155515 44000 1,440.94 Page 4 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/15/2011 12/15/2011 97339 MINAGAR & ASSOCIATES INC MINAGAR & ASSOCIATES INC PROF.SVCS-DBB/CLR CREEK PROF.SVCS-DBB/CLR CREEK 2505510 2505510 46416 46416 1,485.00 6,750.00 $8,235.00 12/15/2011 1 97340 RICHARD NAJERA FACILITY REFUND -DBC 001 23002 1 550.00 $550.00 12/15/2011 1 IR F DICKSON COMPANY INC ST SWEEPING SVCS-NOV 0015554 45501 1 8,292.84 12/15/2011 1 97341 NEXTEL COMMUNICATIONS A/R CHRGS-PW, CS, CD 0014090 1 42125 1 542.03 $542.03 12/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,506.10 12/15/2011 1 97342 1PRIORITY MAILING SYSTEMS INC EQ MAINT-MAIL MACHINE 0014090 1 42200 1 1,880.00 $1,880.00 12/15/2011 97343 R F DICKSON COMPANY INC ST SWEEPING SVCS -OCT 0015554 45501 8,292.84 $16,585.68 12/15/2011 1 IR F DICKSON COMPANY INC ST SWEEPING SVCS-NOV 0015554 45501 1 8,292.84 12/15/2011 97344 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT-NOV 11 0014096 45000 1,000.00 $2,000.00 12/15/2011 1 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT -OCT 11 0014096 45000 1 1,000.00 1 12/15/2011 97345 REGIONAL TAP SERVICE CENTER TAP PASSES-NOV 2011 1125553 45535 10,499.28 $13,124.10 12/15/2011 1 IREGIONAL TAP SERVICE CENTER CITY SUBSIDY-NOV 2011 1125553 1 45533 2,624.82 1 12/15/2011 1 97346 ISILVER STATE TRAILWAYS TRANS-V/PATROL DINNER 0014415 1 42325 1 498.00 $498.00 12/15/2011 97347 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL DEC 0014090 42140 23,749.32 $24,249.32 12/15/2011 ISO COASTAIR QUALITY MGT DISTRICT LEASE -MEETING ROOM DEC 0014090 42140 1 500.00 1 12/15/2011 1 97348 ANTHONY SOTO FACILITY REFUND -DBC 001 23002 100.00 $100.00 12/15/2011 97349 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 810.95 $10,602.57 12/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 4,178.24 12/15/2011 97351 SOUTHERN CALIFORNIA EDISON ELECT SVCS -NEW CITY HALL 0014093 42126 3,107.28 $1,951.78 12/15/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,506.10 12/15/2011 1 97350 GLENN STEINBRINK PROF.SVCS-INTERN FIN DIR 1 0014050 1 44000 1 3,200.00 $3,200.00 12/15/2011 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-CDBG 0015210 1 42115 168.08 1 12/15/2011 1 97351 THE COMDYN GROUP INC CONSULTING SVCS -GIS 11/4 10014070 1 44000 1 1,951.78 $1,951.78 12/15/2011 97352 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-CDBG 0015210 42115 256.40 $424.48 12/15/2011 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGALAD-CDBG 0015210 1 42115 168.08 1 Page 5 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/15/2011 97353 TKE ENGINEERING & PLANNING CONSULTANT SVCS-MSTR PLN 0015310 44300 1 4,999.99 $4,999.99 12/15/2011 1 97354 TRI -CITIES POOL SERVICE & REPAIR FOUNTAIN MAINT-DBC NOV 1 0015333 1 45300 1 160.00 $160.00 12/15/2011 IVALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-SYC CYN 0015340 1 42210 259.221 1 12/15/2011 1 97355 UNION BANK OF CALIFORNIA DRAW FEE CHARGES 1 0014090 1 42129 1 250.001 $250.00 12/15/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY REFUND-NOV-DEC 0015350 42140 - 201.60 12/15/2011 1 97356 ASSOCIATIOIN OF PUBLIC TREASURERS MEMBERSHIP DUES -S FULL 0014050 1 42315 1 187.00 $187.00 12/15/2011 97357 VALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-PETERSN 0015340 42210 211.36 $470.58 i 12/15/2011 IVALLEY CREST LANDSCAPE MAINT INC IRRIGATION REPAIR-SYC CYN 0015340 1 42210 259.221 1 12/15/2011 1 97358 IVERIZON CALIFORNIA PH.SVCS-TELEWORKACIS 10014090 1 42125 1 183.51 $183.51 12/15/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOWDEC 0015350 42140 302.40 12/15/2011 1 97359 ASHLEY WALLS FACILITY REFUND-SYC CYN 001 23002 1 50.001 $50.00 12/15/2011 97360 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -OCT 0015350 42140 100.80 $907.20 12/15/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-NOWDEC 0015350 42140 302.40 12/15/2011 97363 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY REFUND -SEPT -OCT 0015350 42140 302.40 $325.00 12/15/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY REFUND-NOV-DEC 0015350 42140 - 201.60 12/15/2011 97361 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 232.27 $13,431.03 12/15/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS -NEW C/HALL 0014093 42126 331.51 12/15/2011 97363 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 1,667.26 $325.00 12/15/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 20.21 12/15/2011 97364 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 5,342.84 $84.00 12/15/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 866.72 12115/2011 97365 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 471.78 $52,233.44 12/15/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 4,498.44 12/15/2011 1 97362 WEST COASTARBORISTS INC TREE MAINT SVCS -OCT 1 0015558 1 45509 1 15,612.00 $15,612.00 12/15/2011 1 97363 PAUL WRIGHT AIV SVCS-CNCL MTG 1 0014090 1 44000 1 325.001 $325.00 12/22/2011 1 97364 JAARP IMATURE DRIVING CLASS 1 0015350 1 45300 1 84.00 $84.00 12/22/2011 1 97365 JACE CONSTRUCTION IRETENTIONS PAYABLE 1250 1 20300 1 -5,803.721 $52,233.44 Page 6 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 12/22/2011 97365... ACE CONSTRUCTION CONSTRUCTION-SYC CYN TRL 2505310 46415 1 58,037.16 $52,233.44 ... 12/22/2011 1 97366 AWARDS BY CATHEY IPROMO ITEMS -PLAQUES 0014090 1 41400 1 815.63 $815.63 12/22/2011 CA CONSTRUCTION PK IMPROVEMNTS-SILVERTIP 2505310 46415 16,029.311 12/22/2011 1 97367 IBEE REMOVERS BEE REMOVED -702 LYONWOOD 1 1385538 1 42210 1 125.001 $125.00 12/22/2011 1 97368 BENESYST 12/22/11-P/R DEDUCTIONS 1 001 1 21105 1 699.76 $699.76 12/22/2011 1 97369 BURGER CONTINENTAL FOOD -SR HOLIDAY DANCE 0015350 1 45300 1 3,132.001 $3,132.00 12/22/2011 97370 CA CONSTRUCTION RETENTIONS PAYABLE 250 20300 -1,602.93 $14,426.38 1 12/22/2011 CA CONSTRUCTION PK IMPROVEMNTS-SILVERTIP 2505310 46415 16,029.311 12/22/2011 1 97371 CALIFORNIA CONTRACT CITIES ASSOC. MTG-CMGR 8/25 0014030 1 42325 1 23.50 $23.50 12/22/2011 1YING CHEN FACILITY REFUND-REAGAN 001 23002 50.00 12/22/2011 1 97372 AKIKO CALVERA RECREATION REFUND 1 001 1 34740 1 79.001 $79.00 12/22/2011 1 97373 ICAROLAHERRERA REIMS -CANDIDATE STMT 10014090 1 42395 1 138.07 $138.07 12/22/2011 1 97374 CESA-SC IMEMBERSHIP DUES-SANTOS 1 0014440 1 42315 1 55.00 $55.00 12/22/2011 97375 YING CHEN FACILITY REFUND-REAGAN 001 36625 20.00 $70.00 12/22/2011 1YING CHEN FACILITY REFUND-REAGAN 001 23002 50.00 12/22/2011 1 97376 DAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS-DECORAH 0014020 1 44023 1 7,102.901 $7,102.90 12/22/2011 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE SVCS-NOV 11 1125553 45315 1 203.00 12/22/2011 1 97377 DAY & NITE COPY CENTER PRINT SVCS -BLDG & SFTY 1 0015220 1 42110 1 60.91 $60.91 12/22/2011 1 97378 SHAWN DHAND REIMB-CANDIDATE STMT FEES 0014090 1 42395 1 276.14 $276.14 12/22/2011 97379 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-NOV 11 1125553 45529 42,474.50 $42,677.50 12/22/2011 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE SVCS-NOV 11 1125553 45315 1 203.00 12/22/2011 1 97380 DUNN'S FENCE COMPANY TEMP FENCE -PETERSON 0015340 1 42210 1 2,000.001 $2,000.00 12/22/2011 1 97381 JEAST JUDICIAL DISTRICT PARKING CITE ADMIN-NOV 11 1 001 1 32230 1 3,025.501 $3,025.50 Page 7 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 12/22/2011 12/22/2011 97382 ELITE CONSTRUCTION ELITE CONSTRUCTION HIP PROG-23834 CHINOOK RETENTIONS PAYABLE 1255215 125 44000 20300 16,940.00 -1,694.00 $15,246.00 12/22/2011 1 97383 FEDEX EXPRESS MAIL -GENERAL 10014090 1 42120 1 152.35 $152.35 12/22/2011 97384 GATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIB DUES-NOV 0014093 42210 1,785.00 $3,570.00 12/22/2011 IGATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIB DUES -DEC 0014093 1 42210 1,785.00 1 12/22/2011 1 97385 GFOA JGFOA AWARD -Fl NANCE 0014050 1 44000 1 435.00 $435.00 12/22/2011 IFELTON HYCHE FACILITY REFUND-PANTERA 001 36625 25.00 1 12/22/2011 1 97386 IGRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL-NOV 11 0015230 1 45520 1 4,940.001 $4,940.00 12/22/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -DEC 0014431 45403 1,250.00 12/22/2011 1 97387 ISHIRLEY HELMER SUPPLIES -COUNCILS 0014090 1 41200 1 18.321 $18.32 12/22/2011 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -JAN 0014431 45403 9,303.75 12/22/2011 1 97388 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 1 41200 1 31.28 $31.28 12/22/2011 97389 FELTON HYCHE FACILITY REFUND-PANTERA 001 23002 " 50.00 $75.00 12/22/2011 IFELTON HYCHE FACILITY REFUND-PANTERA 001 36625 25.00 1 12/22/2011 97390 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -OCT 0014431 45403 1,250.00 $42,215.00 12/22/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -JAN 0014431 45403 1,250.00 12/22/2011 97392 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -DEC 0014431 45403 9,303.75 $50.00 12/22/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -DEC 0014431 45403 1,250.00 12/22/2011 97393 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-NOV 0014431 45403 1,250.00 $138.07 12/22/2011 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -JAN 0014431 45403 9,303.75 12/22/2011 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -OCT 0014431 45403 9,303.75 12/22/2011 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS-NOV 0014431 45403 9,303.75 12/22/2011 1 97391 INTL COUNCIL OF SHOPPING CENTERS IMEMBERSHIP DUES-CHANG 10014010 1 42315 1 50.00 $50.00 12/22/2011 JENKINS & HOGIN, LLP LEGAL SVCS -MINI PARKS NOV 0014020 1 44020 1,071.00 12/22/2011 1 97392 INTL COUNCIL OF SHOPPING CENTERS MEMBERSHIP DUES-HERRERA 1 0014010 1 42315 1 50.00 $50.00 12/22/2011 1 97393 IJACK F TANAKA REIMB-CANDIDATE STMT 1 0014090 1 42395 1 138.071 $138.07 12/22/2011 97394 JENKINS & HOGIN, LLP LEGAL SVCS-P/WKS NOV 11 0014020 44020 855.40 $4,037.60 12/22/2011 JENKINS & HOGIN, LLP LEGAL SVCS -MINI PARKS NOV 0014020 1 44020 1,071.00 Page 8 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 12/22/2011 97394... JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE NOV 0014020 44020 54.60 $4,037.60 ... 12/22/2011 97397 JENKINS & HOGIN, LLP GEN LEGAL SVCS-NOV 11 0014020 44020 1,929.20 $680.00 12/22/2011 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV NOV 0014020 44020 109.20 12/22/2011 97398 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS NOV 0014020 44020 18.20 $200.00 12/22/2011 97395 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -DEC 0014030 44000 3,000.00 $12,045.00 12/22/2011 JOE A. GONSALVES & SON INC. QUARTERLY FILING FEE -DEC 0014030 44000 45.00 12/22/2011 97397 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -JAN 0014030 44000 3,000.00 $680.00 12/22/2011 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -OCT 0014030 44000 3,000.00 12/22/2011 97398 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-NOV 0014030 44000 3,000.00 $200.00 12/22/2011 1 97396 ISOM KASUBHAI FACILITY REFUND -DBC 1 001 1 36615 1 600.001 $600.00 12/22!2011 LEIGHTON &ASSOCIATES, INC. PRORSVCS-SITE D 0015510 45221 255.00 12/22/2011 1 97397 KIRK STEINKE ELECTRIC ELECT REPAIRS-REAGAN 0015340 1 42210 1 680.001 $680.00 12/22/2011 1 97398 JAMES KONOSKE FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 12/22/2011 1 97399 LAE ASSOCIATES INC PROF.SVCS-C/HILLS PKWAY 10015551 1 45221 1 880.00 $880.00 12/22/2011 1 97400 ILANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-NOV 2011 0015558 1 45503 1 1,982.761 $1,982.76 12/22/2011 1 97401 ILEAGUE OF CALIFORNIA CITIES MTGS-COUNCIL 0014010 1 42325 1 50.00 $50.00 12/22/2011 1 97402 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES -FY 11/12 0014010 1 42315 1 250.00 $250.00 12/22/2011 1 97403 KWANG HO LEE PLNG COMM -OCT 2011 0015210 1 44100 1 65.001 $65.00 1212212011 97404 LEIGHTON &ASSOCIATES, INC. GEOTECH REVIEW-SYC CYN 2505310 46415 255.00 $510.00 12/22!2011 LEIGHTON &ASSOCIATES, INC. PRORSVCS-SITE D 0015510 45221 255.00 12/22/2011 97405 LOS ANGELES COUNTY MTA MTA PASSES -DEC 2011 1125553 45535 2,866.05 $3,718.50 12/22/2011 ILOS ANGELES COUNTY MTA CITY SUBSIDY -DEC 2011 1125553 45533 1 852.45 1 12/22/2011 97406 COUNTY OF LOS ANGELES CANDIDATE STMT-DHAND 0014030 42390 1,123.86 $2,247.72 12/22/2011 COUNTY OF LOS ANGELES CANDIDATE STMT-HERRERA 0014030 42390 561.93 12/22/2011 COUNTY OF LOS ANGELES CANDIDATE STMT-TANAKA 0014030 42390 561.93 Page 9 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 12/22/2011 97409 MCE CORPORATION VEGETATION CONTROL-NOV 0015558 45508 7,860.10 Check Date Check Number Vendor Name MCE CORPORATION Transaction Description 0015554 Fund/ Dept Acct # Amount Total Check Amount 97411 MCE CORPORATION RIGHT-OF-WAY MAINT-NOV 0015554 45522 1,412.68 $1,800.00 12/22/2011 12/22/2011 1 97407 IJULIE LUCIO IFACILITY REFUND -DBC 001 1 36615 1 400.00 $400.00 12/22/2011 1 97412 STEVE G NELSON PLNG COMM -OCT 2011 0015210 1 44100 1 65.00 12/22/2011 1 97408 IMC GENERAL CONTRACTORS INC CONSTRCTN-HIP DECORAH 1255215 1 44000 1 1,482.501 $1,482.50 12/22/2011 97409 MCE CORPORATION VEGETATION CONTROL-NOV 0015558 45508 7,860.10 $17,199.12 12/22/2011 MCE CORPORATION ROAD MAINT SVCS-NOV 11 0015554 45502 6,625.29 12/22/2011 97411 MCE CORPORATION RIGHT-OF-WAY MAINT-NOV 0015554 45522 1,412.68 $1,800.00 12/22/2011 MCE CORPORATION STORM DRAIN MAINT-NOV 11 0015554 45512 1,301.05 12/22/2011 1 97410 MOBILE RELAYASSOCIATES INC REPEATER SVCS -DEC 2011 0014440 42130 78.75 $78.75 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 206.65 12/22/2011 1 97411 MY WEDDING.COM ANNL MAINT-DBC ONLINE 0014095 1 44000 1 1,800.00 $1,800.00 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 8.58 12/22/2011 1 97412 STEVE G NELSON PLNG COMM -OCT 2011 0015210 1 44100 1 65.00 $65.00 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 4.19 12/22/2011 1 97413 INETWORK INNOVATION ASSOCIATES SITE SVCS -JAN -DEC 2012 0014440 1 42126 1 3,546.001 $3,546.00 12/22/2011 97414 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 223.48 $3,935.16 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 206.65 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 17.16 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 8.58 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 574.16 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 4.19 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 89.39 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 304.60 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 58.11 12/22/2011 OFFICEMAX INC MEMO CREDIT -GENERAL 0014090 41200 -78.57 12/22/2011 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 53.27 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 62.63 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 2.07 12/22/2011 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 63.95 12/22/2011 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 80.29 12/22/2011 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 40.54 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 89.39 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/22/2011 97414... OFFICEMAX INC SUPPLIES-PM/ORKS 0015510 41200 13.02 $3,935.16... 12/22/2011 97416 OFFICEMAX INC SUPPLIES-PM/ORKS 0015510 41200 89.08 $79.00 12/22/2011 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 128.95 12122/2011 97417 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 62.97 $100.00 12/22/2011 OFFICEMAX INC MEMO CREDIT -DBC 0015333 41200 -97.47 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 136.95 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 164.73 12/22/2011 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 61.40 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 194.26 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 160.30 12/22/2011 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 52.46 12/22/2011 OFFICEMAX INC CREDIT MEMO -GENERAL 0014090 41200 -15.82 12/22/2011 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 29.73 12/22/2011 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 34.80 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 57.15 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 45.05 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 223.48 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 62.63 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 15.82 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 58.73 12/22/2011 OFFICEMAX INC SUPPLIES-I.T. 0014070 46250 205.67 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 38.82 12/22/2011 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 223.48 12/22/2011 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 128.88 12/22/2011 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 9.57 12/22/2011 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 50.63 12/22/2011 1 97415 PACIFIC TELEMANAGEMENT SERVICES 1PAY PHONE SVCS -JAN 12 0015340 1 42125 1 495.841 $495.84 12/22/2011 IPERS HEALTH JAN 2012 -HEALTH INS PREMS 0014090 1 40086 1 560.00 12/22/2011 1 97416 ITAJINDER PAHAL RECREATION REFUND 001 34740 1 79.00 $79.00 12/22/2011 1 97417 1HERMELINDA PENA IFACILITY REFUND-PANTERA 1 001 1 23002 1 100.00 $100.00 12/22/2011 97418 PERS HEALTH JAN 2012 -HEALTH INS PREMS 001 21105 36,102.85 $36,806.93 12/22/2011 IPERS HEALTH JAN 2012 -HEALTH INS PREMS 0014090 1 40086 1 560.00 Page 11 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/22/2011 97418... PERS HEALTH JAN 2012 -HEALTH INS PREMS 0014090 40093 1 144.08 $36,806.93 ... 12/22/2011 97419 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $211.66 12/22!2011 1 1 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 203.66 12/22/2011 97420 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 $11,387.73 12/22/2011 1 1 IPERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,342.16 12/22/2011 97421 PUBLIC STORAGE #23051 STORAGE RENTAL-# 2153 0014090 42140272.00 19,755.131 $544.00 12/22/2011 PUBLIC STORAGE #23051 STORAGE RENTAL -#2145 0014090 42140 1 272.00 12/22/2011 1 97422 RKA CONSULTING GROUP JBLDG & SFTY SVCS-NOV 11 1 0015220 1 45201 1 19,755.131 $19,755.13 12/22/2011 ISMART & FINAL SUPPLIES-DB4 YOUTH 0015350 41200 1 96.95 12/22/2011 1 97423 IMANAL ROUFAIL RECREATION REFUND 001 34740 1 84.00 $84.00 12/22/2011 1 97424 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 516.56 $516.56 12/22/2011 1 97425 SHERI SAHYAN IRECREATION REFUND 001 34740 1 79.00 $79.00 12/22/2011 1 97426 SCMAF IMEMBERSHIP DUES -STAFF 0015350 1 42315 1 85.00 $85.00 12/22/2011 1 97427 SCMAF MEMBERSHIP DUES -STAFF 1 0015350 1 42315 1 300.00 $300.00 12!22/2011 97428 SCMAF AD-H/R 0014060 42115 75.00 $75.00 12/22/2011 1 97429 ISCMAF MTGS-REC STAFF 1 0015350 1 42325 1 92.001 $92.00 12/22/2011 1 97430 JAGDISH SHAH PLNG COMM -OCT 2011 1 0015210 1 44100 65.00 $65.00 12/22/2011 1 97431 1JERRYL LYNN SHORT CONTRACT CLASS -FALL 10015350 1 45320 1 1,983.601 $1,983.60 12/22/2011 1 97432 SHRED IT LOS ANGELES 7777777[FROF.SVCS-DOC DESTRUCTION 1 0014030 1 44000 1 209.98 $209.98 12/22/2011 1 97433 SJC 3 CONSULTING CONSULTANT-CDBG NOV 1255215 44000 1 1,800.001 $1,800.00 12/22/2011 97434 SMART&FINAL SUPPLIES -TINY TOTS 0015350 41200 76.17 $438.18 12/22/2011 ISMART & FINAL SUPPLIES-DB4 YOUTH 0015350 41200 1 96.95 Page 12 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/22/2011 97434... SMART & FINAL SUPPLIES -COMM SVCS 0015350 41200 265.06 $438.18 ... 12/22/2011 97435 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 542.68 $1,726.63 12/22/2011 1 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 475.13 12/22/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 281.95 12/22/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 402.01 12/22/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 24.86 12/22/2011 1 97436 ISPARKLETTS EQ RENTAL-SYC CYN PK 0015340 1 42130 1 12.00 $12.00 12/22/2011 97437 STANDARD INSURANCE OF OREGON JAN 12 -LIFE INS PREMS 001 21106 931.51 $3,003.77 12/22/2011 1 STANDARD INSURANCE OF OREGON JAN 12-SUPP LIFE INS PREM 001 21106 333.00 12/22/2011 STANDARD INSURANCE OF OREGON JAN 12-STD/LTD 001 21112 1,739.26 12/22/2011 1 97438 STREET TREE SEMINAR INC MEMBERSHIP DUES -6 ROSE 0015310 1 42315 1 30.00 $30.00 12/22/2011 97439 SULLY MILLER CONTRACTING CO ROAD MAINT-AREA 5 2505510 46411 57,250.00 $61,245.00 12/22/2011 1 SULLY MILLER CONTRACTING CO RETENTIONS PAYABLE 250 20300 -5,725.00 12/22/2011 SULLY MILLER CONTRACTING CO RETENTIONS PAYABLE 250 20300 -1,080.00 12/22/2011 SULLY MILLER CONTRACTING CO ROAD MAINT-AREA 7 2505510 46411 10,800.00 12/22/2011 1 97440 ISUPER DIAMOND AGE SENIOR CLUB REIMB-INSURANCE 11/12 1 1255215 1 44000 1 976.00 $976.00 12/22/2011 97441 THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 319.53 $1,422.69 12/22/2011 1 THE GAS COMPANY GAS SVCS -DBC 0015333 42126 1 1,103.16 12/22/2011 97442 THE SAUCE CREATIVE SERVICES PRINT SVCS-W/SNOW FEST 0015350 42110 575.00 $1,928.07 12/22/2011 THE SAUCE CREATIVE SERVICES PRINT SVCS-W/SNOW FEST 0015350 . 45300 863.69 12/22/2011 THE SAUCE CREATIVE SERVICES FRAMES -CITY B/DAY 0015350 42353 489.38 12/22/2011 97443 ITHOMSON WEST LEGISLATIVE SVCS -FY 2012 1 0014030 1 42320 1 1,804.17 $1,804.17 12/22/2011 97444 TIME WARNER CABLE INTERNET SVCS -HERITAGE 0014070 44030 132.83 $770.86 12/22/2011 TIME WARNER CABLE INTERNET SVCS-C/HALL 0014070 44030 252.60 12/22/2011 TIME WARNER CABLE INTERNET SVCS-C/HALL 0014070 44030 252.60 12/22/2011 TIME WARNER CABLE INTERNET SVCS -HERITAGE 0014070 44030 132.83 Page 13 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 12/22/2011 1 97445 UNITED STATES POSTAL SERVICE POSTAGE -FIRST CLASS 0014095 1 42120 1 10,000.00 $10,000.00 12/22/2011 97446 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC DEC 0015333 45300 5,645.47 $30,249.58 12/22/2011 1 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PKS DEC 0015340 45300 24,604.11 12/22/2011 97447 VANTAGEPOINT TRNSFR AGNTS-303248 12/22/11 -PIR DEDUCTIONS 001 21108 6,978.55 $8,221.78 12!22!2011 1 VANTAGEPOINTTRNSFRAGNTS-303248 LOAN DEDUCTIONS 001 21108 1,243.23 12/2212011 97448 CALIFORNIA PH.SVCS-DBC 0015333 42125 113.19 $150.28 12/22/2011 1 IVERIZON VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 1 42125 37.09 1 12/22/2011 1 97449 WALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RENTAL-JUL 11 0015350 1 42140 1 630.001 $630.00 12/22/2011 97450 WEST COASTARBORISTS INC TREE MAINT SVCS-NOV 11 0015558 45509 16,866.78 $16,866.78 12/22/2011 1 97451 JYI TONY TORNG 777777777]PLNG COMM -OCT 2011 0015210 1 44100 1 65.00 $65.00 12/22/2011 1 97452 CLAUDE G BRADLEY REIMB-EQ NEW C/HALL 1 0014093 1 46220 1 290.54 $290.54 1/5/2012 1 97453 ACCESS CONTROL SECURITY SECURITY SVCS-NOV/DEC 1 0015333 1 45010 1 1,160.70 $1,160.70 1/5/2012 1 97454 JALLIANT INSURANCE SERVICES INC INS -WINTER SNOW FEST 1 0015350 1 45300 1 498.68 $498.68 1/5/2012 1 97455 AT&T MOBILITY CELL CHRGS-CMGR 1 0014030 1 42125 1 52.95 $52.95 1!5/2012 1 97456 BENESYST 1/6/12-P/R DEDUCTIONS 001 1 21105 1 741.671 $741.67 115/2012 1 97457 CANTRELL'S FEED BIN SUPPLIES -SNOW FEST 0015350 41200 1 1,253.62 $1,253.62 1/5!2012 1 97458 CASH CHANGE -WINTER SNOW FEST 001 34720 800.00 $800.00 1/5/2012 1 97459 COLOR ME MINE PK IMPVMNTS-WASHINGTON PK 1 2505310 1 46415 1 549.19 $549.19 1/5/2012 1 97460 CA PARKS & REC SOC -DIS XIII I MTGS-REC STAFF 0015350 1 42325 1 300.00 $300.00 1/5/2012 1 97461 ICSMFO MEMBERSHIP DUES 1 0014050 1 42315 1 110.00 $110.00 Page 14 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 1/5/2012 97471 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 77.62 $1,854.86 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total CheckAmount 1/5/2012 97462 1 DELTA DENTAL JAN 2012 -DENTAL PREMIUMS 001 21104 3,806.00 $3,806.00 1/5/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 2.45 1/5/2012 1 97463 IDIFMASSOCIATES PUBLICATIONS-C/CLERK 0014030 1 42320 1 52,281 $52.28 1/5/2012 OFFICEMAX INC SUPPLIES-CMGR - 0014030 41200 11.36 1/5/2012 1 97464 IFUN EXPRESS SUPPLIES -SNOW FEST 0015350 1 41200 1 944.83 $944.83 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 78.06 1/5/2012 1 97465 GATEWAY CORPORATE CENTER ASSOC CAPITAL CONTRIBUTION -JAN 0014093 1 42210 1 1,785.00 $1,785.00 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 48.90 1/5/2012 1 97466 J A BLASH SHOWS INC TICKET BOOTHS -SNOW FEST 0015350 1 42130 1 250.001 $250.00 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 4.90 1/5/2012 1 97467 ILANCE, SOLL & LUNGHARD LLP AUDIT SVCS -FINANCE 0014050 1 44010 1 1,911.00 $1,911.00 1/5/2012 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 327.79 1/5/2012 1 97468 ILIVESOUND CONCEPTS ISOUND SYS -SNOW FEST 0015350 145300 1 690.00 $690.00 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 21.56 1/5/2012 1 97469 THOMAS LOTT PRINT SVCS -ST SWEEPING 1155515 1 42110 1 2,689.581 $2,689.58 1/5/2012 1 97470 MANAGED HEALTH NETWORK JAN 2012 -EAP PREMIUMS 001 21115 1 151.58 $151.58 1/5/2012 97471 OFFICEMAX INC SUPPLIES-CMGR 0014030 41200 77.62 $1,854.86 1/5/2012 OFFICEMAX INC SUPPLIES -FINANCE 0014050 41200 29.91 ' 1/5/2012 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 47.37 1/5/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 2.45 1/5/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 127.85 1/5/2012 OFFICEMAX INC SUPPLIES-CMGR - 0014030 41200 11.36 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 120.48 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 78.06 1/5/2012 OFFICEMAX INC SUPPLIES-P/WORKS 0015310 41200 59.69 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 48.90 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 195.78 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 4.90 1/5/2012 OFFICEMAX INC SUPPLIES -PLANNING 0015210 41200 94.75 1/5/2012 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 327.79 1/5/2012 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 139.64 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 21.56 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 20.80 Page 15 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount 1/5/2012 97471... OFFICEMAX INC SUPPLIES-P/INFO 0014095 41200 125.30 $1,854.86... 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 53.95 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 231.14 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 15.14 1/5/2012 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 20.42 1/5/2012 97472 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,484.96 $11,530.53 1/5/2012 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 1 1/5/2012 97473 PROTECH ENGINEERING CORP RETENTIONS PAYABLE 113 20300 -2,027.00 $18,243.00 1/5/2012 1PROTECH ENGINEERING CORP CONSTRUCTN-INTERCNNCT 1135510 46412 1 1 20,270.00 1/5/2012 97,474 RANCHO PACIFIC ENGINEERING RETENTIONS PAYABLE 250 20300 -17,503.61 $157,532.47 1/5/2012 IRANCHO PACIFIC ENGINEERING 1CONSTRCTN-WASHINGTON PK 2505310 46415 1 175,036.08 1 1/5/2012 1 97475 RMA GROUP JINSPECTION SVCS-C/HALL 0014093 1 46310 1 1,523.00 $1,523.00 1/5/2012 97476 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 475.23 $3,286.16 1/5/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 428.71 1/5/2012 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,382.22 1/512012 97,477 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 68.71 $79.46 1/5/2012 ISPARKLETTS EQ RENTAL-C/HALL 0014090 42130 1 10.75 1 1/5/2012 1 97478 GLENN STEINBRINK PROF.SVCS-INTERN FIN DIR 1 0014050 1 44000 1 4,800.00 $4,800.00 1/5/2012 1 97479 ITELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS -DEC 11 1, 0014070 1 44030 1 943.26 $943.26 1/5/2012 1 97480 TENNIS ANYONE INC ICONTRACT CLASS -FALL 1 0015350 1 45320 1 1,822.10 $1,822.10 1/5/2012 1 97481 TRANS SERVICE GROUP INC PROF.SVCS-I.T. 0014093 1 42210 1 803.84 $803.84 1/5/2012 97483 US BANK SAFE -CITY CLERK 0014090 42395 465.00 $13,643.01 1/5/2012 US BANK FUEL -COMM SVCS 0015310 42310 183.00 1/5/2012 US BANK SUPPLIES -DBC 0015350 41200 241.45 1/5/2012 US BANK SUPPLIES -COMM SVCS 0015350 41200 719.60 '� City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1/5/2012 97483... US BANK DEP-DB 4 YOUTH 0015350 42410 75.00 $13,643.01 ... 1/5/2012 US BANK SUPPLIES -ELECTION 0014030 42390 297.00 1/5/2012 US BANK JPIACONF-CROSS 0014060 42330 475.65 1/5/2012 US BANK MEMBERSHIP DUES 0014030 42315 175.00 1/5/2012 US BANK PROF.SVCS-PKS MASTER PLN 0015310 44000 9.99 1/5/2012 US BANK RADAR CERT -SHERIFF 1284411 46250 300.00 1/5/2012 US BANK SUPPLIES -COMM SVCS 0015350 41200 1,305.22 1/5/2012 US BANK COMP MAINT-I.T. 0014070 42205 47.98 1/5/2012 US BANK EQ MAINT-RD MAINT 0015554 42200 1,363.95 1/5/2012 US BANK MEMBERSHIP DUES -K YOUNG 0015551 42315 255.00 1/5/2012 US BANK EQ MAINT-ROAD MAINT 0015554 42200 9.00 1/5/2012 US BANK FUEL -COMM SVCS 0015310 42310 109.00 1/5/2012 US BANK TRNG-DESFORGES 0014070 42340 250.00 1/5/2012 US BANK COMP MAINT-I.T. 0014070 42205 995.00 1/5/2012 US BANK FUEL -RD MAINT 0015554 42310 388.89 1/5/2012 US BANK EQ -ROAD MAINT 0015554 41300 164.49 1/5/2012 US BANK CONF-CMGR 0014030 42330 740.72 1/5/2012 US BANK FUEL -COMM SVCS 0015310 42310 210.00 1/5/2012 US BANK MAINT-COMM SVCS 0015340 42210 39.33 1/5/2012 US BANK EQ-P/INFO 0014095 44000 416.00 1/5/2012 US BANK EQ-P/INFO 0014095 44000 278.29 1/5/2012 US BANK MTGS-CMGR 0014030 42325 99.28 1/5/2012 US BANK FUEL -POOL VEH 0014090 42310 198.94 1/5/2012 US BANK SUPPLIES-P/INFO 0014095 41200 393.56 1/5/2012 US BANK PRINT SVCS-P/INFO 0014095 42110 41.67 1/5/2012 US BANK FUEL -COMM SVCS 0015310 42310 98.00 1/5/2012 US BANK MEMEBERSHIP DUES -D LIU 0015551 42315 342.00 1/5/2012 US BANK FUEL -ROAD MAINT 0015554 42310 46.00 1/5/2012 US BANK SUPPLIES-P/WORKS 0015510 41200 368.28 1/5/2012 US BANK FUEL -COMM SVCS 0015310 42310 198.00 1/5/2012 US BANK MTGS-COM DEV 0015210 42325 59.27 1/5/2012 US BANK MEMBERSHIP DUES -R YEE 0015551 42315 255.00 1/5/2012 US BANK TRNG-E CHING 0015551 42340 119.00 1/5/2012 US BANK MTGS-T & T COMM 0015510 42325 22.26 Page 17 City of Diamond Bar - Check Register 12/15/2011 thru 01/11/2012 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total CheckAmount 1/5/2012 97483... US BANK FUEL -COMM SVCS 0015310 42310 181.00 $13,643.01 ... 1/5/2012 97488 US BANK SUPPLIES -DBC 0015333 41200 129.29 $1,343.38 1/5/2012 US BANK SUPPLIES -COMM SVCS 0015350 41200 60.54 1/5/2012 US BANK SUPPLIES -GENERAL 0014090 42325 475.67 1/5/2012 US BANK FUEL-NGHBRHD IMP 0015230 42310 126.23 1/5/2012 US BANK MAINTSUPPLIES-DBC 0015333 42210 168.00 1/5/2012 US BANK MTG SUPPLIES-H/R 0014060 42325 26.45 1/5/2012 US BANK FUEL -ROAD MAINT 0015554 42310 449.28 1/5/2012 US BANK FUEL-NGHBRHD IMP 0015230 42310 185.73 1/5/2012 US BANK MTG-COUNCIL 0014010 42325 35.00 1/5/2012 US BANK MTG-DOYLE 0014030 42325 25.00 1/512012 US BANK MTG-MCLEAN 0014030 42325 25.00 1/5/2012 1 97484 IVALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-LORBEER SCH 1 0015340 1 42210 1 3,133.301 $3,133.30 1/5/2012 97485 TRNSFR AGNTS-303248 1/6/12 -LOAN DEDUCTIONS 001 21108 1,582.96 $26,800.13 1/5/2012 1 IVANTAGEPOINT VANTAGEPOINT TRNSFR AGNTS-303248 1/6/12-P/R DEDUCTIONS 001 21108 25,217.17 1 1/5/2012 97486 VERIZON WIRELESS PH.SVCS-SASD MODEM 0014411 42125 45.01 $298.96 1/5/2012 VERIZON WIRELESS PH.SVCS-EOC 0014090 42125 4.89 1/5/2012 97488 VERIZON WIRELESS PH.SVCS-DESFORGES 0014070 42125 45.01 $1,343.38 1/5/2012 VERIZON WIRELESS PH.SVCS-AZIZ 0014070 42125 37.36 1/5/2012 VERIZON WIRELESS PH. SVCS-CMGR 0014030 42125 104.20 1/5/2012 VERIZON WIRELESS PH.SVCS-EOC 0014440 42125 57.60 1/5/2012 VERIZON WIRELESS PH.SVCS-EOC 0014090 42125 4.89 1/5/2012 1 97487 ERIKAVIEYRA ICONTRACT CLASS -FALL 0015350 1 45320 91.20 $91.20 1/5/2012 1 97488 VISION SERVICE PLAN JAN 12 -VISION PREMIUMS 001 1 21107 1 1,343.38 $1,343.38 1/5/2012 1 97489 IWILLIAM J WADLEY INC UNIFORM -SHERIFF 0014411 1 41300 1 806.161 $806.16 1/5/2012 1 97490 1PAUL WRIGHT JAIV SVCS-CNCL MTG 12/20 0014090 1 44000 1 125.001 $125.00 $1,420,789.83 Page 18 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma(INwr TITLE: Treasurer's Statement — November 2011 RECOMMENDATION: Approve the November 2011 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.3 Meeting Date: Jan. 17, 2012 Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: -D - Attachments: Treasurer's Statement, Investment Portfolio Report Assistant btyunager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 3O.2O11 �K ..... ......................... GENERAL FUND $18,021,076A2 852.107.50 $2.389.66845 ($7.000,00) $16,560.515.47 COMMUNITY DRGSUPPORT FD (4,27510) 1.000.00 000.00 <5,075.00 MEASURE RLOCAL RETURN FD 261.809.43 45,111.01 $2.220.189.69 306.920.44 GAS TAX FUND 022.654.02 271.128.54 CASH WITH FISCAL AGENT: 893.780.58 TRANSIT TX(PROPA) FD 106.132.40 151.888D6 180.825.57 121.194.83 TRANSIT TX(PROP C)FD 2.136.935J7 60.615.81 10.517.68 2.107.083.80 |STEAFunU 0.00 0.08 INTEGRATED WASTE MGT FID 832.774.52 07.094.51 4.808.00 885.860.43 TRAFFIC IMPROVEMENT FUND 784.19549 9.306.25 774.80824 AB2S20-TRCONGESTION RELIEF FD 35.502.08 35.502.08 AIR QUALITY |MPRVMNT FD 134,773.72 (5.579.80) 7.000.00 147.353.52 TRAILS & BIKEWAYS FID 0.00 0.00 Prop 1BBond Fund 58.772.57 60.772.57 PARK FEES FD 344.055.54 344.055.54 PROP A -SAFE PARKS ACT FUND (67.13121) (87.13121) PARK& FACILITIES DEVEL FD 571.426.47 571.420.47 COM DEV BLOCK GRANT FD (14.737.52) 5.210.61 (19.838.13) CITIZENS OPT -PUBLIC SAFETY FD 184.830.43 184.936.43 NARCOTICS ASSET SEIZURE FD 264,38223 204.08223 CALAW ENFORCEMENT EQUIP PRGM 47.065,40 47.00540 EBYRNEJUSTICE ASSIST GRANT 46.154.42 61.060.00 (14.805.58) LANDSCAPE o|GT #38 FD <80.497,10> 5.204.32 18.989.12 <97.281.88> LANDSCAPE DIST #83 FD <71.717.33> 087.17 15.507J5 <80.257.91> LANDSCAPE m|8T #41 FD <32.146.41> 887.88 6.29774 (38.040.17) CDBG'RFund 0.00 0.00 ENERGY EFF &CN8VTN BLKGRT (20.714.52) (25.714.52) CAP IMPROVEMENT PRJ FD (000.485.41) 1O3.32S�S0 (709.765,31) SELF INSURANCE FUND 750.040.51 � 756.040.51 EQUIPMENT REPLACEMENT FUND 215,512.72 215,512.72 COMPUTER REPLACEMENT FUND 383.594.90 383.594.80 PUBLIC FINANCING AUTHORITY FUND 136,820.98 28,670.17 1,505.01 163,986.14 TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT $74.713J1 PAYROLL ACCOUNT 41.004.45 CHANGE FUND 1.000.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS *117.818.16 INVESTMENTS: UGTREASURY MONEY MARKET ACCT $2.220.189.69 LOCAL AGENCY INVESTMENT FID 12.137.703.64 BONDS & CERTIFICATE DEPOSITS 3.224.000.00 CASH WITH FISCAL AGENT: 103.986.14 TOTAL INVESTMENTS $23,745,879.47 TOTAL CASH Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24hours. |naddition, the City has started investing inlonger term investments. These investments are detailed onthe attached Investment Report. All investments are in compliance with the investment policy adopted by the City of Diamond Bar. The above summary provides sufficient cash flow liquidity to meet the next six month's CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of November 2011 Total investments $ 23,745,879.47 $ 23,524,792.61 2011-12 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type Issue Maturity Federal Agency Curr Par / Market Fair Market Coupon Investment Type Cusip Rating Date Date Term Orig Par Price Value * Rate Fannie Mac Step CPN 3136FTBX6 AAA 10/24/11 10/24/13 2.0 Yrs 1,000,000 100.058 1,000,581.00 1.250% Federal National Mortgage Unnt 3135GOBU6 AAA 07/18/11 07/18/14 3.0 Yrs 1,000,000 100.085 1,000,859.00 1.250% Fed Nall Mtg Assn Note 3136FTCR8 AAA 10/27/11 10/27/14 3.0 Yrs 1,000,000 99.964 999,644.00 1.325% Fed Natl Mtg Assn Note 3136FTFW4 AAA 10/26/11 10/26/16 5.0 Yrs 1,000,000 100.104 1,001,049.00 1.500% Fed Nall Mtg Assn Note 3136FTLL1 AAA 11/16/11 11/16/16 5.0 Yrs 1,000,000 100.353 1,003,535.00 1.813% Fed Nall Mtg Assn Note 3136FTNK1 AAA 11/21/11 11/21/16 5.0 Yrs 1,000,000 99.850 998,500.00 2.000% Negotiable CD - Aurora Bank 05155THP6 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 99.962 247,907.99 0.900% Negotiable CD - BMW Bank 05568PP35 AAA 06/29/11 06/28/13 2.0 Yrs 248,000 99.932 247,831.36 0.850% Negotiable CD - Compass Bank 20449E3C8 AAA 09/30/11 09/30/13 2.0 Yrs 248,000 99.759 247,402.81 1.000% Negotiable CD - State Bank India 856284B37 AAA 10/28/11 10/28/13 2.0 Yrs 248,000 99.929 247,824.41 1.150% Negotiable CD - American Exp Bk 02587DBJ6 AAA 07/14/11 01/14/14 2.5 Yrs 248,000 100.026 248,064.72 1.050% Negotiable CD - GE Capital 3616OWUB3 AAA 06/24/11 06/24/14 3.0 Yrs 248,000 100.043 248,106.88 1.350% Negotiable CD - Discover Bank 254670G30 AAA 06/29/11 06/30/14 3.0 Yrs 248,000 100.073 248,181.53 1.250% Negotiable CD - Ally Bank UT 02005QVNQ AAA 10/05/11 10/06/14 3.0 Yrs 248,000 99.708 247,276.58 1.300% Negotiable CD - Sallie Mae Bank 79545ONF8 AAA 11/01/11 12/01/14 3.0 Yrs 248,000 100.000 248,000.00 1.400% Negotiable CD - GE Money Bank 36159AW71 AAA 06/24/11 06/24/15 4.0 Yrs 248,000 100.092 248,229.40 1.750% Negotiable CD - CIT Bank 17284AUM8 AAA 06/29/11 06/29/15 4.0 Yrs 248,000 100.118 248,293.13 1.600% Negotiable CD - Goldman Sachs Bank 3814266Q3 AAA 10/05/11 10/05/15 4.0 Yrs 248,000 100.484 249,200.81 1.650% Negotiable CD - World Fin Captl Bank 98146QBNO AAA 11/16/11 11/16/16 5.0 Yrs 248,000 N/A - 1.500% Total Securities & CDs $ 9,224,000.00 $ 8,980,487.62 Local Agency Investment Fund AAA 12,137,703.64 12,160,129.16 0.401% US Treasury Money Market AAA $2,220,189.69 2,220,189.69 0.010% Total Liquidity $ 14,357,893.33 $ 14,380,318.85 Union Bank -(Fiscal Agent) AAA 163,986.14 163,986.14 0.010% Total investments $ 23,745,879.47 $ 23,524,792.61 2011-12 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type (By Percent) Federal Agency LAIF Fund Securities 2 � 51.11/ "27.36/ Certificate U.S Treasury Deposits Money Market 11.49% 10.04% Total Investment - $23,745,879 * Source of Fair Market Value: Wells Fargo Institutional Securities, LLC $321,200.00 $61,803.06 19.241% 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 (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Negotiable Certificate Of Deposit A certificate of deposit with a minimum face value of $100,000. These are insured by FDIC up to $250,000 per owner for single accounts. Agenda # 6.4 Meeting Date: January 17, 2012 CITY COUNCIL AGENDA REPORT 5 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man' 9 TITLE: %t Transmittal of Comprehensive Annual Financial eport for the year ended June 30, 2011. RECOMMENDATION: Receive and file. FINANCIAL IMPACT: The FY 2010-2011 annual audit has been completed by the City's independent auditing firm of Lance, Soil and Lunghard, L.L.P. Part of the audit contract includes the completion, with staff's assistance, of the Comprehensive Annual Financial Report. DISCUSSION: The City's Finance Department in concert with the City's independent auditing firm of Lance, Soil, and Lunghard, L. L. P. has prepared the Fiscal Year 2010-2011 Comprehensive Annual Financial Report (CAFR). This report has been prepared in conformance with the requirements of GASB 34. As a result the report format includes Management Discussion and Analysis, Required Supplementary Information and the Government -wide Financial Statements which include the Statement of Net Assets and Statement of Activities. As required by GASB 45, the CAFR also includes disclosure of the City's Other Post Employment Benefits (OPEB) liability. In connection with the retirement benefits for employees provided through California Public Employees Retirement System (PERS), the City provides post-retirement health care benefits to retirees through the PERS Health Benefits program. Although the retiree pays most of the cost of this benefit, the City is required to pay a portion of this cost. The Page Two — City Council Agenda Report Transmittal of Comprehensive Annual Financial Report City's OPER obligation is derived from this benefit. It is anticipate * d that the City will begin setting aside unrestricted reserves to fund this liability sometime within the 2011/2012 fiscal year. The 2011/12 CAFR also includes the new reporting format for fund balance reserves in accordance with Governmental Accounting Standards Board Statement #54. The City Council approved a Fund Balance Policy on June 7, 2011 by resolution, which established an amount of $4.5 million (three months of General Fund operational expenditures) as a formal commitment of fund balance to be set aside as an emergency contingency for Federal, State, or Local emergencies. The Finance Department has submitted the CAFR to the Government Finance Officers Association (GFOA) for review and the certificate of excellence award program. The City has been honored to receive this award for the past sixteen consecutive years. Dianna L. Honeywell F0041ATAWW" I -- ON Department Head Assistant City, Manager Attachments: FY 10-11 Comprehensive Annual Financial Report ORIGINAL COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING JUNE 30, 2011 IS AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE CITY OFDIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30.2O11 Prepared by: Finance Department GlennStenbhnk CITY OFDIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 3O.2O11 TABLE OF CONTENTS , INTRODUCTORY SECTION LetterofTransmittal ................................................................................................................................. i GFOA Certificate of Achievement for Excellence in Financial Reporting .............................................. vi Organization Chart -----------------------------------vU | ListofElectgdondAdnninistnaUveOfficials------------------------------ viii FINANCIAL SECTION / Independent Auditor's Report ................................................................................................................. 1 Management's Discussion and Analysis (Required Supplementary Information) .................................. 3 BASIC FINANCIAL STATEMENTS ! Government -wide Financial Statements i StatementofNet Assets .......................................................................................................... 15 8tet�n��ntof/��vU��o � ------------------------------------' 18 Fund Financial Statements ! J Balance Sheet — Governmental Funds .................................................................................... 18 Reconciliation ofthe Balance Sheet ofGovernmental Funds | tothe Statement ofNet Assets ---r----------------------------21 Statement ofRevenues, Expenditures, and Changes inFund Balances ................................ 22 Reconciliation ofStatement ofRevenues, Expenditures and Changes in Fund Balances ofthe Governmental Funds hothe Statement ofActivities ............................. 24 Budgetary Comparison Statement - General Fund --..—.—'—'''''..''..—..---'--.-25 Budgetary Comparison Gteternont—Troffic|mpnovenmentFund ----'----------2O —i BudoatarvComparisonStatonnent—P 1BBond Fund --------------.27 Statement ofNet Assets — Proprietary Funds .......................................................................... 28 '- Statement ofRevenues, Expenses,and Changes inFund Net Aeoate—Pno Funds ...................................................................................................... 2G L| Statement ofCash Flows — Proprietary Funde------------------------3U CITY OFDIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2011 TABLE OF CONTENTS COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES Combining Statement of Revenues, Expenditures, and Changes in Fund Balances -NonmjorGovernmental Funds ....................................................................... GO Budgetary Comparison Schedules - Special KavenueFunds: StateGas Tax Fund ....................................................................................................... ......... 85 Proposition ATransit Fund ...................................................................................................... 8O Proposition CTransit Fund ..................................................................................................... 87 Integrated VVoote Management Fund ----------------------------'8D Traffic Congestion Relief Fund -------------------------------.88 Air Quality Improvement Fund ................................................................................................. 7O Park and Facility Development Fund ....................................................................................... 71 Connnnundv Development Block Grant Fund ............................................................. 72 Citizens Option for Public Safety Fund ...................................................................... 73 AssetSeizure Fund .................................................................................................................. 74 California Law Enforcement Equipment Program (CUEEP)Fund ........................................... 75 Edward Byrne Justice Assistance Grant Fund ........................................................................ 78 Landscape Maintenance District Fund ..................................................................................... T7 Measure RLocal Return Fund ................................................................................................. 7B EECBGFund ........................................................................................................................... 7S Budgetary Comparison Gohedu|e—Cooita| Projects Funds: Capital Improvement Fund ....................................................................................................... OO Budgetary Comparison Guhedu|e—Debt Service Funds: Combining Statement ofRevenues, Expenses,and Changes in CITY OFDIAMOND BAR i IL LIJAI J1 FOR THE YEAR ENDED JUNE 30,2011 TABLE OF CONTENTS Financial Trends: Net Assets bv Component -LaotNineFisca Years ................................................................... 8O ChongeoinNatAeeeto-LeetNinaFisoa Years ........................................................................ 88 ) Fund Balances ofGovernmental Funda-LaetNineFisco Years 'GO Changes in Fund Balances of Governmental Funds - Last Nine Fiscal Years ........................... 92 Revenue : - Assessed and Estimated Actual Value ofTaxable Property -LaotTenFisca Years ................. 05 � Direct and Overlapping Property Tax Rabeo-LaetTmnFisco Years ......................................... Q0 Top 10 Property Taxpayers -CurnantFisce Year and Ten Fiscal Years Ago ............................ 08 Secured Property Tax Levies and Collections - Last Ten Fiscal Years ..................................... 99 � Debt Ratios ofOutstanding Debt bvType - Last Ten Fiscal Years ................................................... 1OO Direct and Overlapping Debt ..................................................................................................... 1O4 Demographic and Economic Information: Demographic and Economic Statistics - Last Ten Calendar Years .......................................... 103 Principal Employers - Current Fiscal Year and Nine Fiscal Years Ago .................................... 104 Operating Information: Full -Time Equivalent City Employees bvFunctknn-LaatTenFisca Years ............................. 1O5 Operating Indicators bvFunction - Last Ten Fiscal Years ........................................................ 1O8 THIS PAGE INTENTIONALLY LEFT BLANK December 2, 2011 21825 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the fiscal year ended June 30, 2011. This report consists of management's representations concerning the finances of the City. Consequently, responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City's management. To provide a reasonable basis for making these representations, management of the City has established a comprehensive internal control framework that is designed both to protect the City's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City's financial statements in conformance with generally accepted accounting principles (GAAP). Because the cost of internal controls should not outweigh their benefits, the City's comprehensive framework of internal controls has been designed to provide assurance that the financial statements will be free from misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material aspects. The City's financial statements have been audited by Lance, Soll, & Lunghard, LLP, a firm of certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for fiscal year ended June 30, 2011, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded based upon the audit that there was a reasonable basis for rendering an unqualified opinion that the City's financial statements for the fiscal year ended June 30, 2011, were fairly presented -i- Recycled paper in conformity with GAAP. The independent auditor's report is presented as the first component of the financial section of this report. The independent audit of the financial statements of the City of Diamond Bar was part of a broader, federally mandated "Single Audit" designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited City's internal controls and legal requirements involving the administration of federal awards. These reports are available in the City's separately issued Single Audit Report. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD&A). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. The City's MD&A can be found immediately following the report of the independent auditors. The City, incorporated in 1989, is located at the junction of the 57 and 60 freeways. As a result, the City of Diamond Bar is at the hub of the Los Angeles basin transportation network. A twenty-five mile radius encompasses Pasadena, downtown Los Angeles, Long Beach, Irvine and Riverside. Diamond Bar is a relatively young residential community of about 55,766, situated among the meandering hills and valleys of Brea Canyon. Many desired services can be found in Diamond Bar's shopping and business centers. Recreational opportunities within the City include more than 70 acres of developed park facilities, hiking trails, a new community center, an 18 -hole public golf course and 370 acres of undeveloped publicly owned open space. The City has operated under the council-manager form of government since incorporation. Policy making and legislative authority are vested in a five member City Council. The City Council is responsible, among other things, for passing ordinances, adopting the budget, appointing committees and task forces, and hiring both the City Manager and City Attorney. The City Manager is responsible for overseeing the day -to day operations of the City, and for appointing the heads of the various departments. The Council is elected on a non-partisan basis. Council members serve four-year staggered terms, with elections held every other year. Each December, the City Council selects a mayor and mayor pro tem from its membership. The City of Diamond Bar is a contract city and as such contracts for many of its services. This includes police services, building and safety services, engineering, road maintenance and landscape maintenance. The Los Angeles County Fire District provides fire protection, which is independent of the City. Funds are collected through property tax bills and are disbursed directly to the Los Angeles County Fire District by the Los Angeles County Tax Collector's Office. Water services for the City are provided by the Walnut Valley Water District. Refuse collection is provided by private waste collection companies. Additionally, schools are provided by both the Walnut Valley Unified School District and the Pomona Unified School District. Accordingly, none of these activities are included in this report. ECONOMIC CONDITION AND OUTLOOK The continuing recession has had a significant impact on the national, state and local economies. Retail sales were down and unemployment numbers reached new heights. This along with the major budget shortfalls experienced by the State, continue to be a major concern to the City of Diamond Bar. Recent headlines have been filled with news about the stalled economy and continued revenue shortfalls at the State level. With the status of State funds as uncertain as ever, it is anticipated that more of the financial burden will fall upon municipal agencies. This is evidenced by the State's continuing shifting of funds. The City's FY2011-2012 budget has been developed keeping this in mind. The operating budget was kept at or below the prior year's levels, and reflects the loss of Vehicle License Fees revenues taken by the State to balance their own budget. The taking of City revenues by the State are yet to be decided by the court system, since several lawsuits are awaiting hearings. The City's sales tax base has stopped declining, but the growth in sales tax is modest at best, with an increase of just over 1% in the 11/12 budget. The City's interest in promoting economic development has become increasingly more difficult with the tightening of credit and poor retail sales outlook. Since the City is located at a major freeway interchange several of the City's major sales tax producers are service stations, so the price of gasoline greatly influences the sales tax revenue received. It has been the City's economic development goal to diversify its sales tax base. Despite the slow- down in the economy, the City continues to explore economic development opportunities for the City. In October 2007, Majestic Realty announced its plans to develop a professional football stadium based entertainment, retail and office development in the neighboring city, City of Industry. Although the project is stalled due to a walkout by the players association, the City is mindful of the potential impacts a development of this nature would bring. The City will be seriously impacted by increased traffic since the primary access to the venue will be at the Orange (SR57) and Pomona (SR -60) interchange located within the City of Diamond Bar. To mitigate these concerns, the City has a settlement agreement with the City of Industry addressing environmental and operational concerns. This agreement provides much needed funding for traffic improvements, noise mitigation, and future funding for City facilities. New contracts with the City's trash haulers carne into effect in early FY10-11. These contracts enacted a franchise fee which the City had never received previously which is unlike many other cities in the area. These new agreements will provide much needed funds to assist in providing services. Part of the fallout from the economic decline is the decline in property values. This has provided the City with an opportunity to purchase a building at a great savings. This 50+ thousand square foot building will provide a permanent home for the City of Diamond Bar's City Hall. City Hall will occupy a little over half of the building. The balance of the space will house the Diamond Bar Branch of the County Library, based upon an agreement reached during the year for the relocation of the library which was finally approved by the County. Escrow closed on the purchase in September, 2010. The City used available General Fund reserves to pay cash for the building. Staff is expected to move into the new facility by the end of calendar 2011. The City's future economic health is being secured by building healthy reserves through fiscally conservative budgets and policies in addition to aggressively pursuing economic development opportunities. AWARDS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Diamond Bar for its comprehensive annual financial report for the fiscal year ended June 30, 2010. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, with contents that conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City of Diamond Bar has received the Certificate of Achievement for the last sixteen consecutive years (fiscal years ended 1995 through 2010). We believe our current report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. REPORTING ENTITY AND ITS SERVICES This Comprehensive Annual Financial Report includes all funds of the City. The City directly provides a limited range of services and contracts for several other services. The City's significant reliance on contracted services has the benefit of reducing expenses to the citizens of the City of Diamond Bar while simultaneously providing the City with a high degree of flexibility in responding to changing economic conditions. -iv- Contracted services include police protection, building and safety, street maintenance, park maintenance, capital improvement projects, animal control, attorney services and engineering. Staff provided services include: community development (which includes planning, economic development, building and safety management, and neighborhood improvement), public works (which includes engineering, capital projects administration, street maintenance contract management, traffic and transportation matters, engineering contract management, and solid waste contract management), community services (which includes senior services, park maintenance, recreation services, community center operation, and landscape maintenance), community relations, subsidized transit ticket sales, grant administration, financial management, and administrative management. All of these activities are included in this report. The City of Diamond Bar's accounting system has been developed by giving consideration to the adequacy of internal accounting controls. Internal accounting controls are implemented by the City to provide reasonable assurance that assets are safeguarded against loss from unauthorized use or disposition; and that the City's financial records used for preparing financial statements are maintained in a reliable fashion. The concept of reasonable assurance recognizes that the cost of these controls should not exceed the benefits derived from thein. The City's internal controls accomplish these objectives. /_To4U1 112 ILEI 1144 01151010W The preparation of this Comprehensive Annual Financial Report was made possible by the dedicated service of the City's Finance Department staff, and through the cooperation of the entire City staff. Each staff member has my sincere appreciation for the contributions made in the preparation of this Report. I would also like to thank our independent auditor, Lance, Soll, and Lunghard, L.L.P., for its expertise and advice in the preparation of the City's Comprehensive Annual Financial Report. In closing, without the leadership and support of the City Council of the City of Diamond Bar, the preparation of this Report would not have been possible. Sincerely, James DeStefano City Manager ZIc For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2010 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. President Executive Director Public Community Economic Works Services I I Development City Council City Manager Assistant City Manager T: Community City Development Clerk Finance Building &( I Neighborhood) I Planning Safety Improvement Redevelopment�� City Attorney Agency Financing g Y A.Ah—:411 — Human ( InformationI Public I ( Public" Resources Systems Information Safety 441W City of Diamond Bar Organization Chart * ® Contract Services ** = County Service CITY OF DIAMOND BAR ELECTED AND ADMINISTRATIVE OFFICIALS FISCAL YEAR 10-11 Mayor Steve Tye Mayor Pro Tern Ling -Ling Chang Qmnci|member Ron Everett Counci|menlbar Carol Herrera Counci|membor Jack Tanaka City Manager JemesDeGtefono Assistant City Manager David Doyle City Clerk Tonnmyo Cribbina Director of: Community Services Bob Rose Community Development GnagGubnoan Finance G|annSteinbhnk Information Systems Ken Deaforgea Public Works David Liu L 0(a)G 090 (D (D CERTIFIED PUBLIC ACCOUNTANTS ® Brandon W. Burrows, CPA a David E. Hale, CPA, CFP A Professional Corporation o Donald G. Slater, CPA ® Richard K. Kikuchi, CPA o Susan F. Matz, CPA • Shelly K. Jackley, CPA o Bryan S. Gruber, CPA INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and Members of City Council City of Diamond Bar, California We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of City of Diamond Bar, California, as of and for the year ended June 30, 2011, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of City of Diamond Bar, California's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Diamond Bar, California, as of June 30, 2011, and the respective changes in financial position, thereof and the respective budgetary comparison for the General Fund, Traffic Improvement Fund, and Proposition 1B Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated December 2, 2011, on our consideration of the City of Diamond Bar, California's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Accounting principles generally accepted in the United States of America require that the management's discussion and analysis as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquires, the basic financial statements, Lance, Soll & Lunghard, LLP 203 North Brea Boulevard - Suite 203 o Brea, CA 92821 o TEL: 714.672.0022 > Fax: 714.672.0331 www.lslcpas.com 41185 Golden Gate Circle a Suite 103 ® Murrieta, CA 92562 a TEL: 951.304.2728 o Fax: 951.304.3940 ' 000 000 LSE 00 and other knowledge vveobtained during our audit ofthe basic financial statements. VVadonot express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Diamond Bar, California's financial ototane�aoaawhole. The introductory section, combining and individual nonrn ' r fund financial atotamanta, and statistical aaction, are presented for purposes of additional analysis and are not a required part of the financial statements. The combining and individual nonnl jorfund financial statements are the responsibility ofmanagement and were derived from and relate directly hothe underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional pnooedunee, including comparing and reconciling such information directly to the underlying accounting and other u000ndo used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally ooceobad in the United Gtahae of America. In our opinion, the information is fairly otobyd in all nnateho| naapacta in relation tothe financial statements as avvho|e. The introductory and ototiaUoa| sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Brea, California December 2, 2011 K Management's Discussion and Analysis As management of the City of Diamond Bar, we offer readers of the City of Diamond Bar's financial statements this narrative overview and analysis of the financial activities of the City of Diamond Bar for the fiscal year ended June 30, 2011. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our lettet of transmittal. Financial Highlights • The total governmental fund revenues from all sources equaled $25,035,214. • The total governmental fund cost of all City programs equaled $33,040,359. • The assets of the City of Diamond Bar exceeded its liabilities at the close of the fiscal year by $410,783,597 (net assets). Of this amount, $22,582,318 (unrestricted net assets) may be used to meet the City's ongoing obligations to citizens and creditors. • As of the close of the current fiscal year, the City of Diamond Bar's governmental funds reported combined ending fund balances of $27,118,862, a decrease of $8,611,173 in comparison with the prior year, due to the cash purchase of a building to house the new City Hall and the Diamond Bar branch of the Los Angeles County Library. Approximately $16.4 million of the $27.1 million is available for spending at the City's discretion. • At the end of the current fiscal year, unassigned fund balance for the general fund was $16,726,964, or over 94% of the amount of general fund expenditures (net of the purchase of a new City Hall building in 2010-11). The General Fund balance unassigned balance of $16.7 million is in addition to a $4.5 million reserve for emergencies as established by City Council resolution. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the City of Diamond Bar's basic financial statements. The City of Diamond Bar's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements — The government —wide financial statements are designed to provide readers with a broad overview of the City of Diamond Bar's finances, in a manner similar to a private -sector business. The statement of net assets presents information on all of the City of Diamond Bar's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in new assets may serve as a useful indicator of whether the financial position of the City of Diamond Bar is improving or deteriorating. The statement of activities presents information showing how the City's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). Both of the government -wide financial statements distinguish functions of the City of Diamond Bar that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business -type activities). The governmental activities of the City of Diamond Bar include general government, public safety, highways and streets, community development, and parks and recreation. The City of Diamond Bar currently has no business -type activities or enterprise funds. The government -wide financial statements include not only the City of Diamond Bar itself, but also a legally separate financing authority. Although legally separate, the Diamond Bar Financing Authority is included because the City is financially accountable for it. Fund financial statements — A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Diamond Bar, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. All of the funds of the City can be divided into two categories: governmental funds, and proprietary funds. Governmental Funds — Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, available at the end of the fiscal year. This information helps to determine whether there are more or fewer financial resources that can be spent in the near future to finance the City's programs. Because the focus of governmental funds is narrower than that of the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impacts of the City's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The City of Diamond Bar adopts an annual appropriated budget for its general fund. A budgetary comparison statement has been provided for the general fund to demonstrate compliance with this budget. Proprietary Funds — The type of proprietary funds that the City maintains are internal service funds that are used to allocate costs internally among the various functions of the City. The City of Diamond Bar uses these funds to account for its liability insurance costs and vehicle and computer replacement costs. Because these services predominantly benefit governmental rather than business -type functions, they have been included within governmental activities within the government -wide financial statements. Notes to the Financial Statements — The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. Other Information — In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City's budgetary control and accounting and expenditures in excess of appropriations. Government -wide Financial Analysis As mentioned earlier, net assets may serve over time as a useful indicator of the City's financial position. The City of Diamond Bar's assets exceeded liabilities by $410,783,597 at the close of 2011. (see Table 1) By far the largest component of the City's net assets (93 percent) is its investment in capital assets (e.g., land, buildings, infrastructure, machinery, equipment, and construction in progress), less the related outstanding debt used to acquire those assets. The City of Diamond Bar uses these capital assets to provide services to its citizens; consequently, these assets are not available for future spending. Although the City's investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. Table I 12,383,585 CITY OF DIAMOND BAR'S 6,383,586 Statement of Net Assets 18,767,171 Governmental Activities 2011 2010 Current and other assets $33,980,249 $44,579,964 Capital assets 393,974,202 390,209,829 Total Assets 427,954,451 434,789,793 Long-term debt outstanding Other Liabilities Total Liabilities Net assets: Invested in capital assets, net of debt Restricted Unrestricted Total Net Assets 12,069,674 12,383,585 5,101,180 6,383,586 17,170,854 18,767,171 381,985,940 377,940,738 6,215,339 3,866,274 22,582,318 34,215,610 $410,783,597 $416,022,622 The City's Net Assets decreased by $5,239,025. This decrease is due to the use of General Fund reserves for the purchase of an office building to house the new City Hall/County Library facilities. At the end of fiscal year 2011 the City reports a decrease of $11,633,292 in unrestricted net assets from the prior fiscal year. The City has continually expended its resources conservatively in anticipation of economic downturns and future capital needs which has resulted in being able to end the year with $22,582,318 in Unrestricted Net Assets. This year by using some of its resources the City was able to preserve service levels and continue to maintain its assets at the level the citizens of Diamond Bar have enjoyed since incorporation 22 years ago. This conservation of funds has afforded the City the enviable opportunity to purchase a building for City Hall from its reserves. 11 Table 2 City of Diamond Bar's Changes in Net Assets Revenues: Program revenues: Charges for services Operating grants and contributions Capital grants and contributions General Revenues Property taxes Transient occupancy taxes Sales Taxes Franchise Taxes Other taxes Motor vehicle in lieu Use of money & property Other Total revenues Expenses: General Government Public Safety Highways and Streets Community Development Parks, Recreation and Culture Interest and Fiscal Charges Total expenses Increase(Decrease) in net assets Net assets - 0701/10 & 07/01/09 Restatement of Net Assets Net assets - 06/30/11 & 06/30/10 2011 2010 $5,861,621 $4,991,932 3,685,378 4,358,895 40,779 15,960,279 4,187,896 3,837,288 642,509 569,916 3,355,127 3,122,229 1,259,471 1,115,980 172,687 259,384 4,766,225 4,599,922 474,598 618,963 91,975 7,090 24,538,266 39,441,878 6,370,986 4,973,685 5,591,049 5,526,099 10, 619, 860 12, 287, 325 1,969,540 1,624,547 5,153,264 5,091,215 72,592 57,948 29, 777, 291 29,560,819 (5,239,025) 9,881,059 416,022,622 407,026,659 (885,096) $410,783,597 $416,022,622 Revenues In the Statement of Activities, the City's total revenues were $24.5 million, while the total cost of all programs and services was $29.8 million. Revenues this fiscal year were 38% lower than those of the prior year. This significant decrease was primarily due to the capital contribution of infrastructure for the annexed Crestline area in the prior fiscal year. If this contribution was excluded from the prior year total then the revenues would be $23.7 million, which produces a $879,052 (3.72%) increase in current year revenues from the previous year. There were increases and decreases across the revenue categories which resulted in the overall change in revenue. The following are highlights of some of the major differences: 7 As anticipated, Property Tax revenues were up slightly from FY09-10. This was due to an increase in the consumer price index which allowed the County to increase assessed valuations by .75%. Transient Occupancy Taxes made a very positive turnaround in 10/11 as the local economy stabilized and business and vacation travel increased. Sales Tax and Property Tax in Lieu of Sales taxes were both higher for the fiscal year. Sales tax was up about 7.5% due to higher gasoline prices and a slight improvement in the local economy. Property taxes in Lieu of Sales taxes was up about 1.4% from the prior fiscal due to the slight improvement in the economy, and thus a greater allocation based upon projections by the State. Lease revenue included in the Use of Money and Property category is derived from the lease payments made to cover the debt service on the outstanding variable rate lease revenue bonds. As the interest rates have dropped the City has experienced a similar drop in the interest paid for these bonds. The interest rate on the bonds had fallen to record lows in 2010-11. Since the interest rates were at record lows, the City refinanced the variable rate debt into a fixed rate in 2011-12, in order to eliminate interest rate risk, remarketing risk, and the risk of not being able to secure a letter of credit for the variable rate bonds. • Investment Income decreased once again due to the drop in investment yields in the overall market, as well as the drop in the City portfolio as a result of the cash purchase of a building to house the new City Hall and County Library. Interest rates started falling during FY07-08 and have continued to drop. At the end of FY08-09 the City was earning 1.377% average yield on a majority of its investments. By the end of FY09-10, the average yield on its investments had dropped to .70%, and at the end of FY1 0-11 was down to .56%. Expenses Due to the stagnant economy it was anticipated that the City's revenues would continue to grow, albeit at a very slow pace. As a result, the City has continued to be very diligent in controlling growth in expenditures. This year expenditures for the City totaled $29.8 million which is approximately $216,000, or only .7% greater than the previous fiscal year. There were both increases and decreases in the various categories. The following are the highlights of the major differences: 1.1 • There was an increase in Public Safety expenditures of approximately 1.2% this year. Contract rates with the L.A. County Sheriff's Department rose 2% this fiscal year. This increase however was slightly offset by savings in other areas of the public safety budget. • Streets and Highways category was lower this year by a little over $1.6 million. • Community Development expenditures were higher in 2010-11 by $344,993. The increase reflects a slight upturn in the local economy, which resulted in a greater amount of building activity than in the prior fiscal year. • The City continued to enjoy the benefits of low interest rates on the outstanding variable rate lease revenue bonds. However, costs continued to increase for letter of credit fees, and the interest rate cap purchased in 2002 was set to expire at the end of calendar 2012. Due to record low interest rates in 2011, the City refinanced the variable rate debt into a fixed rate on December 1, 2011. Financial Analysis of the City's Funds As noted earlier the City of Diamond Bar uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds - The focus of the City of Diamond Bar's governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a City's net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of Diamond Bar's governmental funds reported combined ending fund balances of $27,118,862, a decrease of $8,611,173 in comparison with the prior year. Of this amount, there is $1,050,235 reserved to liquidate contracts and purchase orders outstanding at the end of the year. The general fund is the chief operating fund of the City of Diamond Bar. At the end of the current fiscal year, the unassigned fund balance of the general fund was $16,768,415, while the total fund balance was $21,268,415. As a measure of the general fund's liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total fund expenditures. Unassigned fund balance represents 93.6% of total general fund expenditures (net of the purchase of a building for City hall), while total fund balance represents 118.7% of the same amount. Since the City's incorporation in 1989, the City has been fiscally conservative contributing to healthy fund balance reserves. Several years ago the City chose to fund major maintenance projects from General Fund reserves when other funds were not available for this purpose. This fiscal year General Fund Reserves dropped $9,592,433, but after netting out the purchase of a building, were up $295,000. Factors contributing to the change in General Fund balance reserves are as follows: • General Fund revenues were up over 6.7% or $1.1 million from FY09-10. Nearly all revenue categories were up this fiscal year with the exception of Intergovernmental revenues, Fines and Forfeitures, and Use of Money and Property. The largest. increase was in the Taxes category, primarily due to an increase in Property taxes in lieu of Sales Taxes, Transient Occupancy Taxes, and Franchise Taxes. • For the past few years the City has been struggling with three landscape and lighting assessment districts which are in financial straits. The assessments for these districts have not been adjusted to keep up with the cost of maintaining these districts. The general fund has continued to subsidize these districts while the City Council considers various options to make these districts self sustaining. The City used General Fund reserves for the purchase of an office building to house the new City Hall facility and a branch of the Los Angeles County Library. In addition, the City spent $346,000 for architectural and design services for the facility. • Conservative expenditure budgets over the years have contributed to the City's general fund healthy fund balance reserve. This includes a contract city business model which aides the City in containing costs. The Capital Projects Fund ended the year with a negative fund balance of $37,061 as opposed to a negative of $521,242 in the previous year. Ideally this fund should carry a zero fund balance. Capital project expenditures are accounted for in this fund along with their offsetting revenues and transfers. Due to revenue and expenditure accruals, it is not unusual for the fund to carry a negative balance since many of the capital improvement projects are funded with reimbursable grants. General Fund Budgetary Highlights Original revenue budget projections were increased during the year by .8% to reflect the stabilization of the local economy, and an increase in tax revenues irl due to an increase in prices for gasoline. The actual revenue came in slightly higher than anticipated by an additional $79,000 (.2%). The General Fund taxes category include property taxes, sales tax, franchise tax and property transfer tax. These revenues came in $42,623 more than anticipated. The variance between the amount budgeted and the amount received is primarily due to the under estimation of anticipated property tax revenue however several other tax revenues came in higher as well. The revenue anticipated for Licenses, Permits and Fees was decreased during the year. Unfortunately the actual revenue received was even less than the amended budget projection. Transfers in were less than anticipated due to the related expenditures being less than budgeted. General Fund appropriations were increased during the year by $476,459 or 1.5% from the original budget to the amended budget. The final expenditures actually came in $2.6 million less than the amended budget, since reconstruction of the new City Hall was delayed to the 11/12 fiscal year. At the end of the year there were open encumbrances of $549,000 which were carried over into FY1 1-12. Additional explanations for the difference between budget and actual expenditures include salary savings from staff vacancies, savings from low interest rates on the City's variable rate debt, various studies and projects which were either postponed or cancelled and overall cost saving measures implemented by all departments. Capital Asset and Debt Administration Capital assets - The City of Diamond Bar's investment in capital assets for its governmental activities as of June 30, 2011 amounts to $393,974,202 (net of accumulated depreciation). This investment in capital assets includes land, buildings and improvements, furniture and fixtures, vehicles and equipment, infrastructure and construction in progress. The total increase in the City's investment in capital assets was approximately 1.0% from the previous year. Table 3 Capital Assets (net of depreciation) Land Right of Way Buildings and Improvements Furniture and Fixtures Vehicles & Equipment Infrastructure Construction in Progress 11 2011 2010 $6,587,349 $6,587,349 265,614,104 265,614,104 21,473,338 13,411,866 6,604 11,854 952,368 961,586 97,367,982 101,705,484 1,972,457 1,917,586 $393,974,202 $390,209,829 The City's capital assets increased in value $3,764,373 during M 0-11. Significant additions to capital assets include: The only significant addition to fixed assets in 2010-11 was the purchase of an office building that will be used to house a branch of the Los Angeles County Library and a new City Hall. The building is undergoing a complete reconstruction in 2011/12, with an expected move -in date to City Hall at the end of 2011. The library portion of the building will be completed towards the end of fiscal year 2011/12. Construction in progress at the end of the year included thirteen projects in various stages of design or construction. There were six park improvement projects in progress totaling $381,316. There was a city hall computer room sprinkler improvement project and six traffic related projects in progress at the end of the year as well. The other seven projects equaling $1,591,141 include the sprinkler system, a traffic management system, two street projects, two median projects, and a drainage project. Additional information on the City's capital assets can be found in note 5. Long-term debt — At the end of the current fiscal year, the City of Diamond Bar's total long-term debt equaled $12,788,162. Of this amount $174,971 is the City's Net OPEB obligation. At this time the City is using a pay as you go methodology for funding its OPEB. The City's long-term debt includes the net OPEB obligation which is the difference between the amounts paid on the pay as you go basis versus the actuarially computed Annual Required Contribution. The following table shows the breakdown of the long-term debt outstanding: Outstanding Long Term Debt at Year-end Variable Rate Lease Revenue Bonds (backed by the Public Financing Authority) $ 12,190,000 Unamortized Bond Discount -100,869 Compensated Absences 524,060 Net OPEB Obligation 174,971 $12,788,162 See footnote 6 for additional information on the City's long-term liabilities as of June 30, 2011. 12 Economic Factors and Next Year's Budgets and Rates While the City maintains a diverse and upscale housing stock, the City's economy is equally dependent on commercial and retail revenues. The City's concentration on maintaining and attracting new business clientele is of utmost importance. The City's 2011-2012 budget is a fiscally conservative budget. The stagnant economy and worsening condition of the State's budget continue to be a major concern. As a result anticipated revenues in the General Fund reflect only modest growth. The ongoing operations budget has been maintained at the status quo as much as possible. To take advantage of the poor real estate market the City chose to use General Fund Reserves to purchase a building to house City Hall. Incorporated in the FY1 1-12 budget are expenditures related to the design, reconstruction, and relocation to the new facility. This budget presents an operating plan that permits the City to live within a reasonable estimate of revenues while continuing to provide community programs and services to the residents of the City of Diamond Bar. As mentioned in the previous paragraph, the City purchased a building in September 2010. With more than four times the square footage of the current City Hall location the building offers a unique setting for the provision of government services. The City finalized an agreement in 2010-2011 with the County of Los Angeles to partner with the City by relocating and expanding the Diamond Bar Library into the facility. This move would solve a variety of issues for the library including the provision of additional library services and parking spaces. To combat some of the economic uncertainties the City recently completed a fee study. This study evaluated the City's current fee structure to verify that costs associated with fees are recovered. Although not total cost recovery, the new fee structure has been established to recover a higher percentage of the costs. It has a fee escalator built into it to keep the fees somewhat even with the escalation of costs. These new fees were implemented in November 2010, with related increases in building permits approved by City Council in November 2011. When the City's waste hauler contracts were set to expire, the City looked at other jurisdictions in the area and found that it was not unreasonable to negotiate a franchise fee into the new contracts. These fees became effective during the 2010-2011 fiscal year in August, 2010, and will provide the City with an additional revenue stream to fund operations. 13 The City has made a conscientious decision to use some general fund balance reserves for economic development purposes. As a result, the FY12 budget includes an appropriation for economic development. It is anticipated that these efforts will continue to be rewarded in the near future with the development of several new retail spaces. Contacting the City's Financial Management This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview of the City of Diamond Bar's finances and to show the City's accountability for the money it receives. If you have questions about this report or need additional financial information, contact the City's Finance Department, at the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California 91765. 14 CITY OF DIAMOND BAR STATEMENT OFNET ASSETS JUNE 30, 2011 Assets: Cash and investments Receivables: Accounts Notes and loans Accrued interest Prepaid costs Due from other governments Deferred charges Restricted ooao1o: Cash with fiscal agent Due from employees Capital assets not being depreciated Capital assets, net ofdepreciation Total Assets Liabilities: i < Accounts payable Accrued liabilities Accrued interest | Unearned revenue | Deposits payable Due hoother governments Retentions payable | Noncurrent liabilities: ' Due within one year Due inmore than one year Total Liabilities Net Assets: Invested incapital oonob, net of related debt Restricted for: Community development projects Public safety Public works Capital projects Debt service Unrestricted Total Net Assets See Notes tmFinancial Statements 15 Governmental Activities � 30.567.096 451,672 284.154 30,278 42.824 1.788.085 463,282 348,694 8.184 274.173.910 119,800,292 427,954,451 1,621,779 253,756 13.042 1,291,253 916,106 284,154 2,602 718,488 12,069,674 17,170,854 381.985,940 1,644,861 453,730 3,636,487 146,567 333,694 22,582,318 410,783,597 CITY OF DIAMOND BAR STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2011 Functions/Programs Primary Government: Governmental Activities: General government Public safety Community development Parks, recreation and culture Highways and Streets Interest on long-term debt Total Governmental Activities Total Primary Government Net (Expenses) Revenues and Changes in Net Program Revenues Assets Operating Capital Charges for Contributions Contributions Expenses Services and Grants and Grants Governmental Activities $ 6,370,986 $ 118,016 $ 186,313 $ - $ (6,066,657) 5,591,049 996,409 131,977 - (4,462,663) 1,969,540 517,515 529,467 - (922,558) 5,153,264 1,829,409 25,811 - (3,298,044) 10,619,860 2,400,272 2,811,810 40,779 (5,366,999) 72,592 - - - (72,592) 29,777,291 5,861,621 3,685,378 40,779 (20,189,513) $29,777,291 $ 5,861,621 $ 3,685,378 $ 40,779 (20,189,513) General Revenues: Taxes: Property taxes, levied for general purpose 4,187,896 Transient occupancy taxes 642,509 Sales taxes 3,355,127 Franchise taxes 1,259,471 Other taxes 172,687 Motor vehicle in lieu - unrestricted 4,766,225 Use of money and property 474,598 Other 91,975 Total General Revenues Change in Net Assets Net Assets at Beginning of Year Net Assets at End of Year See Notes to Financial Statements 16 14,950,488 (5,239,025) 416,022,622 $ 410,783,597 GOVERNMENTAL FUNDS GENERALFUND The General Fund has been classified as a major fund and is used to account for resources traditionally associated with government, which are not legally or by sound financial management to be accounted for in another fund. SPECIAL REVENUE FUND The Special Revenue Funds are used to account for the proceeds of specific revenue sources that are restricted by law or administrative action for a specified purpose. The following Special Revenue Funds have been classified as major funds in the accompanying financial statements: The Traffic Improvement Fund has been classified as a major fund and is used to account for various State transportation grants received by the City. The Proposition 1B Bond Fund has been classified as a major fund and is used track activity for the Proposition 1 B revenues. 17 CITY OF DIAMOND BAR BALANCE SHEET GOVERNMENTAL FUNDS JUNE 30, 2011 Liabilities and Fund Balances: Liabilities: Accounts payable $ 986,748 $ Special Revenue Funds $ - $ 361,258 Accrued liabilities Traffic - Other 11,690 Deferred revenues Improvement Proposition Governmental 55,264 General Fund 1B Bond Fund Funds Assets: Deposits payable 916,106 - - Pooled cash and investments $ 21,860,585 $ 989,851 $ 182,498 $ 5,652,538 Receivables: Due to other funds - - - Accounts 340,745 - - 110,927 Notes and loans - - - 284,154 Accrued interest 30,278 - - - Prepaid costs 41,451 - - - Due from other governments 1,428,982 - - 357,083 Due from other funds 49,692 - - - Due from employees 6,184 - - - Restricted assets: - - - 1,644,861 Cash and investments with fiscal agents 15,000 - - 333,694 Total Assets $ 23,772,917 $ 989,851 $ 182,498 $ 6,738,396 Liabilities and Fund Balances: Liabilities: Accounts payable $ 986,748 $ 4,385 $ - $ 361,258 Accrued liabilities 242,066 - - 11,690 Deferred revenues 359,582 - - 55,264 Unearned revenues - 751,616 493,749 45,888 Deposits payable 916,106 - - - Due to other governments - - - 284,154 Due to other funds - - - 49,692 Retentions payable - - - 2,602 Total Liabilities 2,504,502 756,001 493,749 810,548 Fund Balances: Nonspendable: Prepaid costs 41,451 - - - Restricted for: Community development projects - - - 1,644,861 Public safety - - - 453,730 Highways and streets - 233,850 - 3,402,637 Capital Projects - - - 146,567 Debt service - - - 333,694 Committed to: Emergency contingencies 4,500,000 - - - Unassigned 16,726,964 - (311,251) (53,641) Total Fund Balances 21,268,415 233,850 (311,251) 5,927,848 Total Liabilities and Fund Balances $ 23,772,917 $ 989,851 $ 182,498 $ 6,738,396 See Notes to Financial Statements 18 CITY OF DIAMOND BAR BALANCE SHEET GOVERNMENTAL FUNDS JUNE 3O 2011 Assets: Pooled cash and investments Receivables: Accounts Notes and loans Accrued interest Prepaid costs Due from other governments Due from other funds Due from employees Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Deferred revenues Unearned revenues Deposits payable Due toother governments Due boother funds Retentions payable Total Liabilities Fund Balances: Nonopendable: Prepaid costs Restricted for: Community development projects Public safety Highways and streets Capital Projects Debt service Committed to: Emergency contingencies Unassigned Total Fund Balances Total Liabilities and Fund Balances See Notes to Financial Statements 19 Total Governmental Funds $ 28,685,472 451,672 284,154 30.278 41.451 1'7OH.O05 49.892 S'184 348,694 $ 31,683,662 $ 1,352,391 253,756 414,846 1'2Q1,2b3 81G'1O0 284.154 49.092 2,602 4,564,800 1,644,861 453'73O 3.030,487 146,567 333'GQ4 4'5OO,0OO 16,362,072 27,118,862 $ 31,683,662 We CITY OF DIAMOND BAR RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS T0THE STATEMENT OFNET ASSETS JUNE 30 2011 Fund balances nfgovernmental funds Amounts reported for governmental activities inthe statement ofnet assets are different because: Capital assets net ofdepreciation have not been included oafinancial resources ingovernmental fund activity Bond issuance cost isonexpenditure )nthe governmental funds, but itio odefenad charge in the statement ofnet assets Long-term debt and compensated absences that have not been included in the governmental fund activity: Bonds Payable Bonds discount Compensated absences Other post employment benefit obligation Accrued interest payable for the current portion ofinterest due on Bonds has not been reported inthe governmental funds Revenues reported oadeferred revenue in the governmental funds and recognized in the Statement of Activities. These are included in the intergovernmental revenues inthe governmental fund activity. Internal service funds are used bymanagement tocharge the costs ofcertain activities, such as equipment management and self-insurance, to individual funds. The assets and liabilities ofthe internal service funds must beadded tnthe statement ofnet assets Net assets ofgovernmental activities | I�/ | See Notes to Financial Statements 21 � (12.190,000) 100,869 (524,060) (174,971) $ 27,118,862 393,861,375 463,282 (12,788,162) (13,042) 1,726,436 $ 410,783,597 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2011 Expenditures: Current: General government 4,977,021 Special Revenue Funds - - Public safety Traffic - Other 19,050 Community development Improvement Proposition Governmental 542,495 General Fund 1B Bond Fund Funds Revenues: Highways and streets 2,315,568 21,032 - Taxes $ 9,646,883 $ - $ - $ 556,562 Licenses and permits 818,913 - - - Intergovernmental 4,782,552 - - 4,659,407 Charges for services 1,829,409 - - 1,560,958 Use of money and property 123,374 5,263 1,630 369,110 Fines and forfeitures 567,575 - - - Miscellaneous 113,578 - - - Total Revenues 17,882,284 5,263 1,630 7,146,037 Expenditures: Current: General government 4,977,021 - - - Public safety 5,561,457 - - 19,050 Community development 1,417,630 - - 542,495 Parks, recreation, and culture 3,644,786 - - 67,408 Highways and streets 2,315,568 21,032 - 2,665,856 Capital outlay 9,887,685 - - 1,592,910 Debt service: Principal retirement - - - 290,000 Interest and fiscal charges - - - 37,461 Total Expenditures 27,804,147 21,032 - 5,215,180 Excess (Deficiency) of Revenues Over(Under)Expenditures (9,921,863) (15,769) 1,630 1,930,857 Other Financing Sources (Uses): Transfers in 1,235,586 - - 1,693,942 Transfers out (906,156) - (312,881) (2,316,519) Total Other Financing Sources (Uses) 329,430 - (312,881) (622,577) Net Change in Fund Balances (9,592,433) (15,769) (311,251) 1,308,280 Fund Balances, Beginning of Year 30,797,098 245,344 - 4,687,593 Restatements 63,750 4,275 - (68,025) Fund Balances, Beginning of Year 30,860,848 249,619 - 4,619,568 Fund Balances, End of Year $ 21,268,415 $ 233,850 $ (311,251) $ 5,927,848 See Notes to Financial Statements 22 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNK8ENTALFUNDS YEAR ENDED JUNE 30,2011 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use ofmoney and property Fines and forfeitures K0iooeUenooun Total Revenues Expenditures: Current: General government Public safety Community development Parks, recreation, and culture Highways and streets Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Da0oianoy)ofRevenues Over (Under)Expenditures Other Financing Sources (Waeo): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change |nFund Balances Fund Balances, Beginning of Year Restatements Fund Balances, Beginning ofYear Fund Balances, End ofYear See Notes to Financial Statements 23 Total Governmental Funds $ 10,203,445 818.013 0,441,950 3,390,367 499.377 567,575 113,578 25,035,214 4�77,021 5.580,507 1,QO0'125 3,712'194 5'OO2.450 11'48O,5Q5 290,00 37,461 33,040,359 2,929,528 (606,028) 35,730,035 35,730,035 $ 27,118,862 CITY OF DIAMOND BAR RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2011 Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures. However, in the statement of activities, the costs of those assets is allocated over their estimated useful lives as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period: Capital expenditures $10,526,047 Depreciation expense (6,856,434) Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets Principal payment 290,000 Amortization of bond discount (4,586) Other post employment benefit obligation (53,261) Compensated absences (16,730) Debt issuance costs are expenditures in governmental funds, but these costs are capitalized on the statement of net assets Accrued interest for long-term liabilities. This is the net change in accrued interest for the current period. Revenues reported as deferred revenue in the governmental funds and recognized in the Statement of Activities. These are included in the intergovernmental revenues in the governmental fund activity. Internal service funds are used by management to charge the costs of certain activities, such as equipment management and self-insurance, to individual funds. The net revenues (expenses) of the internal service funds is reported with governmental activities Change in net assets of governmental activities See Notes to Financial Statements 24 (8,611,173) 3,669,613 215,423 (21,059) (9,486) (504,562) 22,219 $ (5,239,025) CITY OF DIAMOND BAR BUDGETARY COMPARISON STATEMENT GENERAL FUND YEAR ENDED JUNE 30, 2011 Budgetary Fund Balance, July 1, as restated Resources (Inflows): Taxes Licenses and permits Intergovernmental Charges for services Use of money and property Fines and forfeitures Miscellaneous Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): General government City Council City Attorney City Manager/Clerk Finance Human resources Information systems General government Public information Civic Center Subtotal general government Public safety Law Enforcement Fire Protection Animal Control Emergency preparedness Subtotal public safety Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $30,860,848 $30,860,848 $30,860,848 $ - 9,097,000 956,030 4,585,000 1,769,098 300,000 523,500 17,000 1,416,638 49,525,114 178,000 185,000 1,003,990 438,520 206,280 739,285 1,320,400 515,470 2,136,615 6,723,560 9,604,260 9,646,883 42,623 933,030 818,913 (114,117) 4,629,770 4,782,552 152,782 1,729,548 1,829,409 99,861 286,110 123,374 (162,736) 523,500 567,575 44,075 17,000 113,578 96,578 1,315,537 1,235,586 (79,951) 49,899,603 49,978,718 79,115 179,100 265,000 987,190 447,206 206,280 745,985 1,210,059 515,470 2,529,255 7,085,545 156,698 237,020 980,456 428,833 179,220 790,283 1,246,447 520,985 437,079 4,977,021 22,402 27,980 6,734 18,373 27,060 (44,298) (36,388) (5,515) 2,092,176 2,108,524 5,559,050 5,559,050 5,363,770 195,280 11,500 11,500 7,359 4,141 131,780 131,780 127,108 4,672 76,140 76,140 63,220 12,920 5,778,470 5,778,470 5,561,457 217,013 Community development 1,364,270 1,423,946 1,417,630 6,316 Parks, recreation, and culture 3,763,495 3,759,271 3,644,786 114,485 Public works 2,444,700 2,443,200 2,315,568 127,632 Capital outlay 9,917,500 9,917,500 9,887,685 29,815 Transfers out 847,355 907,877 906,156 1,721 Total Charges to Appropriations 30,839,350 31,315,809 28,710,303 2,605,506 Budgetary Fund Balance, June 30 $18,685,764 $18,583,794 $21,268,415 $ 2,684,621 See Notes to Financial Statements 25 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE TRAFFIC IMPROVEMENT FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1, as restated $ 249,619 $ 249,619 $ 249,619 $ - Resources (Inflows): Use of money and property - - 5,263 5,263 Amounts Available for Appropriation 249,619 249,619 254,882 5,263 Charges to Appropriation (Outflow): Highways and streets - - 21,032 (21,032) Transfers out 65,000 65,000 65,000 Total Charges to Appropriations 65,000 65,000 21,032 43,968 Budgetary Fund Balance, June 30 $ 184,619 $ 184,619 $ 233,850 $ 49,231 See Notes to Financial Statements 26 CITY OF DIAMOND BAR BUDGETARY COMPARISON STATEMENT PROPOSITION 1B BOND FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) �- Budgetary Fund Balance, July 1 $ - $ - $ - $ - Resources (Inflows): Intergovernmental 205,239 205,239 - (205,239) Use of money and property 1,000 1,000 1,630 630 Amounts Available for Appropriation 206,239 206,239 1,630 (204,609) Charges to Appropriation (Outflow): Transfers out 226,686 226,686 312,881 (86,195) Total Charges to Appropriations 226,686 226,686 312,881 (86,195) Budgetary Fund Balance, June 30 $ (20,447) $ (20,447) _j_(2L1,2511 $ (290,804) See Notes to Financial Statements 27 CITY OF DIAMOND BAR STATEMENT OF NET ASSETS PROPRIETARY FUNDS JUNE 30, 2011 Governmental Activities - Internal Service Funds Assets: Current: Cash and investments Prepaid costs Total Current Assets Noncurrent: Capital assets - net of accumulated depreciation Total Noncurrent Assets Total Assets Liabilities and Net Assets: Liabilities: Current: Accounts payable Total Current Liabilities Total Liabilities Net Assets: Invested in capital assets, net of related debt Unrestricted Total Net Assets Total Liabilities and Net Assets See Notes to Financial Statements 28 $ 1,881,624 1,373 1,882,997 112,827 112,827 $ 1,995,824 $ 269,388 269,388 269,388 112,827 1,613,609 1,726,436 $ 1,995,824 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2011 Nonoperating Revenues (Expenses): Interest revenue Total Nonoperating Revenues(Expenses) Income (Loss) Before Transfers Transfers in Changes in Net Assets Net Assets: Beginning of Year End of Fiscal Year See Notes to Financial Statements 29 7,614 7,614 (583,809) 606,028 22,219 1,704,217 $ 1,726,436 Governmental Activities - Internal Service Funds Operating Expenses: Administration and general $ 4,458 Insurance premiums 552,402 Maintenance and operations 18,201 Depreciation expense 16,362 Total Operating Expenses 591,423 Operating Income (Loss) (591,423) Nonoperating Revenues (Expenses): Interest revenue Total Nonoperating Revenues(Expenses) Income (Loss) Before Transfers Transfers in Changes in Net Assets Net Assets: Beginning of Year End of Fiscal Year See Notes to Financial Statements 29 7,614 7,614 (583,809) 606,028 22,219 1,704,217 $ 1,726,436 CITY OF DIAMOND BAR STATEMENT OF CASH FLOWS PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2011 Cash Flows from Operating Activities: Cash received from customers and users Cash paid to suppliers for goods and services Cash paid to employees for services Net Cash Provided (Used) by Operating Activities Cash Flows from Non -Capital Financing Activities: Cash transfers in Net Cash Provided (Used) by Non -Capital Financing Activities Cash Flows from Capital and Related Financing Activities: Acquisition and construction of capital assets Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows from Investing Activities: Interest received Net Cash Provided (Used) by Investing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at End of Year Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income (loss) net cash provided (used) by operating activities: Depreciation (Increase) decrease in prepaid expense Increase (decrease) in accounts payable Total Adjustments Net Cash Provided (Used) by Operating Activities See Notes to Financial Statements 30 Governmental Activities - Internal $ (553,775) (36,585) (4,458) (594,818) 606,028 606,028 (111,122) (111,122) 7,614 7,614 (92,298) 1,973,922 $ 1,881,624 $ (591,423.00) 16,362 (1,373) (18,384) (3,395) $ (594,818) CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2011 Note 1: Reporting Entity and Significant Accounting Policies a. Description of Reporting Entity The City of Diamond Bar (the City) was incorporated April 18, 1989, as a "General Law' City governed by an elected five -member city council. As required by accounting principles generally accepted in the United States of America, these financial statements present the City of Diamond Bar (the primary government) and its component units. The component units discussed below are included in the City's reporting entity because of the significance of their operational or financial relationship with the City. These entities are legally separate from each other. However, the City of Diamond Bar's elected officials have a continuing full or partial accountability for fiscal matters of the other entities. The financial reporting entity consists of: (1) the City (2) organizations for which the City is financially accountable; and, (3) organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City's financial statements to be misleading or incomplete. An organization is fiscally dependent on the primary government if it is unable to adopt its budget, levy taxes or set rates or charges, or issue bonded debt without approval by the primary government. In a blended presentation, a component unit's balances and transactions are reported in a manner similar to the balances and transactions of the City. Component units are presented on a blended basis when the component unit's governing body is substantially the same as the City's or the component unit provides services almost entirely to the City. Blended Component Units The Diamond Bar Community Redevelopment Agency (the Agency) was established February 6, 1996, pursuant to the State of California Health and Safety Code, Section 33000, entitled "Community Redevelopment Law". Although it is a legally separate entity from the City, the Agency is reported as if it were part of the City because of its purpose to prepare and execute plans for improvement, rehabilitation and redevelopment of blighted areas within the territorial limits of the City. According to the California Supreme Court's decision on August 9, 2000, the Agency's Redevelopment Plan was deemed invalid. No activities occurred during the year ended June 30, 2011. Accordingly, no financial statements of the Agency were issued. The Diamond Bar Public Financing Authority (the Authority) was formed on November 19, 2002. The purpose of the Authority is to issue debt to finance public improvements and other capital purchases for the City and Agency. The activity of the Authority is reported in debt service and capital projects funds. b. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the City. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support. The City has no business - type activities. 31 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 201 Note 1: Reporting Entity and Significant Accounting Policies (Continued) The statement ofactivities demonstrates the degree to which the direct expenses of given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1\charges tocustomers o,applicants Who purchase, use, or directly benefit from goode, aen/ices, or privileges provided bvagiven function orsegment and 2\ grants and contributions that are roatdubad to meeting the operational or capital nequ|narnonta of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead aageneral revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds are reported as separate columns in the, fund financial statements. c. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The basic financial statements ofthe City are composed ofthe following: w financial atubsnlenta • Fund financial statements • Notes to basic financial statements The financial statements and proprietary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Under the economic naooun:ee measurement focus, all oaaeta and liabilities (current and long-term) are reported. Under the accrual basis of accounting, revenues are recorded when earned and expenses are recorded when m liability is innunod, nagand|eee of the timing of ns|abad cash flows. Property hamao are recognized as revenues in the fi000| year, which the taxes are levied. Revenue from Qnento, enUt|annenta, and donations is recognized in the fiscal year in which all the eligibility requirements imposed bythe provider have been met. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods inconnection with oproprietary funds principalongoing operations. The principal operating revenues of the City's internal service funds are charges to departments for services. Operating expenses for the proprietary funds include the cost of services, administrative expanaea, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonopenabng revenues and expenses. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual booka of accounting. Under the current financial naaouncaa measurement focua, generally only current assets and Uab|UUem are reported in the governmental funds. Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uaaa\ in net current assets. Under the modified accrual basis of accounting, revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpoae, the government considers revenues to be available if they are collected within OO days of the end of the current fiscal period with the exception of gas tax which is 210 days. Expenditures generally are recorded when a liability is inournad, except for principal and interest on long-term Uebi|it|ea, c|oirna and judgrnente, and compensated absences which are recognized as expenditures only when payment is due. 32 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 1: Reporting Entity and Significant Accounting Policies (Continued) Property taxes, tamsa, such oasales taxes, gas taxes, and transient occupancy taxes, and interest associated with the current fiscal period are all considered to be susceptible to accrual and have been recognized as revenues of the current fiscal period. Only the portion of special aooamomnanba receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period to the extent normally collected within the availability period. All other revenue items one considered to be measurable and available only when cash is received by the City. The accounts of the City are organized and operated on the basis of funds, each of which is considered a separate accounting entity with a self -balancing set of accounts, established for the purpose of carrying on specific activities or attaining certain objectives inaccordance with special regulations, restrictions orlimitations. When both restricted and unrestricted resources are combined in afund. expenses are considered to be paid first from restricted naoounoaa, and than from unrestricted resources. d. Fund Classifications The City reports the following major funds The General Fund is the primary operating fund ofthe City and isused toaccount for all revenues and expenditures ofthe City not legally restricted aobouse. Abroad range of municipal activities are provided through this fund including City K8onoge[ City Attorney, Finonce, City C|erh, Public Works, Building and Gohaty. and Parks and Recreation. The Traffic Improvement Fund ioused hoaccount for various State transportation grants received bythe City. The Proposition 1 B Bond Fund is used to account for the costs incurred with Proposition 1Bproceeds. The City's fund structure also includes the following fund types Governmental Funds Debt Service Fund ieused primarily toaccount for the accumulation ofresources for the payment ofprincipal and interest onlong-term liabilities ofthe City. Proprietary Funds Internal Service Funds have been established to finance and account for goods and services provided by one City department to other City departments or agencies. These activities include self-insurance, equipment and computer maintenance. 33 ( / CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS(CONTINUED) - JUNE | / Note 1: Reporting Entity and Significant Accounting Policies (Continued) e. Investments For financial reporting purposes, investments are stated edfair value. Changes in fair value that occur during mfiscal year are recognized aoinvestment income reported for that fiscal year. Investment income includes interest earnings, changes infair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments ofall funds, except for assets held bvfiscal Each fund's share inthis pool is displayed |nthe accompanying financial statements oa cash and investments. Investment income earned by the pooled |nwootmnanto is oU000hed to the various funds based on each fund's average cash and investment balances. f. Cash and Cash Equivalents For purposes of the statement of cash flows, cash and cash equivalents are defined as short-term, highly liquid |nveotmenba that are both readily oonwamUb|a to known amounts of cash or so near their nlatuhh/ /on original motuhty data of three months or |aae from the date of purchase) that they present insignificant risk of changes in value because of changes in interest rates. Cash and 000h equivalents also represent the proprietary funds' share inthe cash and investment pool ofthe City. All cash and investments ofthe proprietary (internal service) funds are pooled with the City's pooled noah and investments and are therefore considered cash equivalents for purposes of the statement ofcash flows. g. Capital Assets Capital assets (including are naoonjad otcost where historical records are available and at an estimated original cost where no historical records exist. Contributed capital assets are valued edtheir estimated fair market value at the dobe of contribution. Capital asset purchases (other than infrastructure) in excess of $5,000 are capitalized if they have anexpected useful life ofthree years ormore. Capital oaoeta include additions to public domain (infrootnuuture), certain improvements including roads, atneats, o|dowva|ka, medians and storm drains within the City. In the fiscal year ended June 30. 2011. the Chx, with the assistance of an outside oonoultant, valued and recorded its public domain assets acquired prior to July 1, 2002. The City now has all of its infrastructure asset data valued and recorded in its entirety as of June 3O.2O11. Capital oeaeba used in operations are depreciated over their estimated useful |kus using the straight-line method in the and Proprietary Fund Financial Gbabsnoento. Depreciation iacharged oaonexpense against operationsand accumulated depreciation is reported on the respective balance sheet. The lives used for depreciation purposes ofeach capital asset class are: Buildings and improvements 1O-2Oyears Furniture and fixtures 3-5years Vehicles and equipment 5yaono Infrastructure 1O'50years 34 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30 2011 Note 1: Reporting Entity and Significant Accounting Policies (Continued) h' Compensated Absences Vacation and sick leave time begin to accumulate as of the first day of employment to > maximum of320 hours and 280hours, respectively. Employees who accumulate sick leave inexcess of2OOhours are paid for the excess annually otone half the employees , current wage rate. A|iabi|ity is recorded for unused vacation and similar compensatory leave balances since the employees' entitlement to these balances are attributable to services o|nsody rendered and it is probable that virtually all of these balances will be liquidated by either paid time off orpayments upon termination orretirement. . A|kati|Nty is recorded for unused sick leave balances only tothe extent that it's probable that the unused balances will naauK in termination payments. This is estimated by ' including in the liability the unused balances of employees currently entitled to receive termination poynlento, as well as those who are expected to become eligible to receive } termination benefits as a result of continuing their employment with the City. If on employee n*dneo. resigns, or terminates in good standing with o minimum of five years of service, the employee is entitled toreceive 1O0% of unused sick leave at one half the employees current wage rate. L Deferred Charges Deferred charges represent capitalized costs incurred inconnection with the issuance of long-term debt These costs are amortized over the life of the debt on a straight-line basis. j. Property Taxes Under California law, property taxes are assessed and collected bythe counties upto1% of assessed value, plus other increases approved by the voters. The property taxes go into a pool, and are then allocated to the cities based on complex formulas. Accordingly, the City accrues only those taxes which are received from the County within 60 days after yearend. Property taxes are assessed and collected each fiscal year according tothe following property tax calendar: Lien date Levy date Due dates Collection dates Delinquent dates 35 January 1 July November 1 - 1otinstallment February 1 -2nd installment December 1O-1etinstallment April 1O - 2nd installment December 11-1otinstallment April 11 - 2nd installment CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30,2011| Note 1: Reporting Entity and Significant Accounting Policies (Continued) k. Use of Estimates The preparation offinancial statements inconformity with accounting accepted inthe United States ofAmerica requires manage rnenttomake ostfm ateaand assumptions that affect the reported amounts of assets and ]iabi|dhao and disclosure of contingent assets and liabilities at the dote of the financial otobanlente and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. K, Fund Equity In the fund financial mtotanlente, government funds report the hdkmvng fund balance *Nonspendable include amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained ° Restricted include amounts that are constrained on the use of resources by either (a) external creditors, grantors, contributors, or laws ofregulations of other governments or (b) by }ovv through constitutional provisions or enabling wCommitted include amounts that can only beused for specific purposes pursuant to constraints innooaod by fonno| action of the government's highest authority, City Council. The formal action that is required to be taken to establish, modify, orrescind afund balance commitment iaresolution orordinance. �Assigned include amounts that are constrained bvthe government's intent to be used for specific purpoeee, but are neither restricted nor committed. The Director of Finance is authorized to assign amounts to oopaoU1c purpoee, which was established bvthe governing body inresolution. °Unassigned include the residual amounts that have not been raathoted. committed, or assigned to specific purposes. An individual governmental fund could include nonspendable resources and amounts that are restricted or unrestricted (committed, assigned, or unassigned) or any combination of those classifications. Restricted amounts are to be considered spent when an expenditure is incurred for purposes for which both restricted and unrestricted fund balance |aavailable and oomolitted, oaeigned, than unassigned amounts are considered to have been spent when an expenditure is incurred for purposes for which amounts in any ofthose unrestricted fund balance classifications can beused. 36 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 2: Stewardship, Compliance and Accountability a. Budgetary Data General Budget Policies The City adopts an annual budget prepared on the modified accrual basis of accounting for its governmental funds and on the accrual basis of accounting for its proprietary funds. The City manager or his designee is authorized to transfer budgeted amounts between the accounts of any department or funds that are approved byCity Council. Prior year appropriations lapse unless they are approved for carryover into the following fiooa| year. Expenditures may not |eQoUy exceed appropriations at the department level. Transportation Grant Fund is not presented in the budgetary comparison schedule. ! Budget Basis ofAccounting � Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles ({3/V\P\ i ` '. b. At June 30,2011,the following funds had deficit fund balances: Major Fund: Proposition 1BBond Fund 311.251 Other Governmental Fund: Capital Improvement Fund 37.001 EECB8Grant Fund 16.580 c. Excess of expenditures over appropriations are as follows: Expenditures for the year ended June 30. 2011. exceeded the appropriations of the | GeneralFund andmajor special revenue funds as follows: ' __- Actual — Variance - | Gonona|Fumt ' General Government Information systems $ 745.985 $ 790.283 $ (44.288) ` General government 1.210.059 1.248.447 (38.388) � Public information 515.470 520.085 (5.515) Traffic Improvement Fund: Highways and streets - 21,032 (21,032) 37 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS(CONTINUED) JUNE 30, 2011 Note 3: Cash and Investments Cash and Investments Cash and investments edJune 3O/ 2011. consisted ofthe following: Statement ufNet Assets: Cash and investments $ 30.567.088 Cash and investments with fiscal agents 348,694 $ 30,915,790 Cash and investments held by the City atJune 3O'2O11.consisted of the following: Imprest cash onhand Q 1.500 Demand deposits 2,480.898 Escrow deposits 15.000 |nvaebnurta: United States Government Sponsored Enterprise Securities 10.476.958 Local Agency Investment Fund 17.827.839 Held bvBond Trustee: Money Market Mutual Funds 333,695 $ 30,915,790 Investments Authorized bv the California Government Code and the Citv'sInvestment Policv The table below identifies the investment types that are authorized for the City by the California Government Code (or the City's investment po|icy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City's investment po|icy, vvhana more restrictive) that address' interest naba r|ek, credit rieh, and concentration ofcredit risk. This table does not address investments ofdebt proceeds held by bond trustee that are governed by the provisions of debt agreements of the Citv, rather than the general provisions of the California Government Code or the City's investment policy. 38 C��Z�7��7111TiC�7�l7=i17 NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 3: Cash and Investments (Continued) Maximum Maximum Maximum Percentage of Investment in Authorized Investment Type Maturity Portfolio One Issuer United States Treasury Obligations 5 years None None United States Government Sponsored Enterprise Securities 5 years 40% None Banker's Acceptance 180 days 40% 30% Time Certificates of Deposits 5 years None None Commercial Paper 270 days 25% 10% Negotiable Certificates of Deposit 5 years 30% None Money Market Mutual Funds 5 years 15% None Repurchase Agreements 1 year None None j Medium -Term Corporate Notes (1) 5 year 30% None Local Agency Investment Fund (LAIF) N/A None $ 40,000,000 *-Excluding amounts held in bond trustees that are not subject to California Government Code Restrictions (1) Notes must be rated "A" or better N/A - Not Applicable Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City's investment policy. The table below identifies the investment types that are authorized for investments held by bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk. Maximum Maximum Maximum Percentage Investment in Authorized Investment Type Maturity of Portfolio One Issuer United States Treasury Obligations None None None United States Government Sponsored Enterprise Securities None 10% None Banker's Acceptance 1 year None None Time Certificate of Deposits None None None Local Agency Investment Fund None None None Money Market Funds None None None Repurchase Obligations Tax Exempt 30 days None None Taxable Government Money Market Portfolios None Equal to six None months of principal and interest in the bonds 39 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 1 . Note 3: Cash and Investments (Continued) Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. Information about the sensitivity of the fair values of the City's investments (including investments held by bond trustee) to market interest rate fluctuations is provided by the following table that shows the distribution of the City's investments by maturity: Investment Type United States Government Sponsored Enterprise Securities Local Agency Investment Fund (LAIF) Held by Bond Trustees: Money Market Mutual Funds Disclosures Relating to Credit Risk Remaining Maturity (in Months) 12 Months or 25-60 Less months Total $ - $ 10,476,958 $ 10,476,958 17,627,939 - 17,627,939 333,695 - 333,695 $ 17,961,634 $ 10,476,958 $ 28,438,592 Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the City's investment policy, or debt agreements, and the actual rating, as reported by Standard and Poor's, as of year end for each investment type: Minimum Total as of June Legal Investment Type 30,2011 Rating United States Government Sponsored Enterprise Securities Local Agency Investment Fund (LAIF) Held by Bond Trustees: Money Market Mutual Funds Total $ 10,476,958 N/A 17,627,939 N/A 333,695 A $ 28,438,592 all AAA Unrated $ 10,476,958 $ - 17,627,939 333,695 - $ 10,810,653 $ 17,627,939 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 3: Cash and Investments (Continued) Disclosures Relating to Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty i (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the City's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging 1 securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging l first trust deed mortgage notes having a value of 150% of the secured public deposits. The City does not accept 150% of the secured public totals. At June 30, 2011, the City deposits (bank balances) were insured by the Federal Depository Insurance Corporation up to $250,000 and the remaining balances were collateralized under California Law. The cash and investments held by Bond Trustee are uninsured and uncollateralized. Investment in State Investment Pool The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro -rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Note 4: Interfund Receivables, Payables and Transfers The composition of interfund balances as of June 30, 2011, is as follows: Due To/From Other Funds Receivable Fund Payable Fund Amount General Fund Other Governmental Funds 49,692 $ 49,692 The amounts loaned from the General Fund to the Capital Improvement Capital Projects Fund and Other Governmental Funds are to provide short-term loans to fund temporary cash shortfalls. 41 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 1 Note 4: Interfund Receivables, Payables and Transfers (Continued) i Interfund Transfers Transfers In Transfer Out Amount General Fund Other Governmental Funds $ 1,235,586 Other Governmental Funds General Fund 300,128 Proposition 113 Bond Fund 312,881 Other Governmental Funds 1,080,933 Internal Service Funds General Fund 606,028 $ 3,535,556 Transfers to the General Fund from the Other Governmental Funds were made to reimburse the General Fund for various capital projects and administrative expenditures. Transfers from the General Fund to the Other Governmental Funds were made to provide for debt service payments. Transfers from the General Fund to the Internal Service Funds were made to provide for purchases of a vehicle and equipment and uninsured insurance losses. 42 | / ` CITY OF DIAMOND BAR $ 088.564 Public safety 10,542 Highways and streets / NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) / Community development 1.281.501 Internal Service Funds depreciation charges toprogram / UNE 30, 2011 / Note 5: Capital Assets / A summary of changes in the Governmental Activities capital oaeeto at June 30 2011. is as follows: ' �_. ' Balance at Balance at July 1, 2010 Transfers Additions June 30, 2011 Capital assets not being depreciated: _Deletions_ ' Land $ 0,507.349 $ - $ ' $ - $ 8.587.349 � Right o[way 265.614.104 - ' ' 205.614.104 Construction inprogress 1,917,586 _(305,1Y4)359\985_ - 1,972,457 . Total Capital Assets Not / being Depreciated 274,119,039_(305,114) 359,985_ - 274,173,910 Capital assets being depreciated: Buildings and improvements 24.807.197 305.114 8.887.685 34.389.886 j | Furniture and fixtures 84.372 - - - 04.372 i Vehicles and equipment 2.249.918 ' 172.536 - 2422.454 Infrastructure 187294001 -. 216,963 - 187,510,964. | Total Capital Assets ( ' being Depreciated 214,435,488_-305,114_ 10,277,184 - 225,017,786 Less accumulated depreciation for: > Buildings and improvements 11.895.331 - 2.131.327 ' 13.526.658 ) Furniture and fixtures 72.518 - 5.250 ' 77.768 Vehicles and equipment 1.288.332 - 181.754 - 1.470.086 Infrastructure 85,588,517- 4,554,465_ - 90142982 � Total Accumulated Depreciation 98,344,698-_ 6,872,796_ -. 105217494 Total Capital Assets Being Depreciated, Net 110090780 305,114_ 3,404,388 - 119,800,292! Governmental Activities Capital Assets, Net Depreciation expense was charged to functions in the Statement of Activities as follows: General governmen $ 088.564 Public safety 10,542 Highways and streets 4.575.827 Community development 1.281.501 Internal Service Funds depreciation charges toprogram 16362 43 NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 > Note 6: Long -Term Liabilities liability activity for the year ended June 3D.2U11.was oofollows: Bonds payable Revenue Bonds Compensated absences Net OPEBobligation (Note 9) Total Net unamortized bond discount Net Long -Term Debt Bonds Payable Balance Balance at June Due Within July 1, 2010 Additions Deletions �n �U11 One Year $ 12,480.000 $ - $ 290.000 $ 12.190.000 $ 305.800 507330 417.018 480.288 524.060 413,488 12171U5772 174 - 12,889,031 $ 718,488 (100,869) $ 12,788,162 In December 2002. the Diamond Bar Public Financing Authority issued $13.755.000 of 2002 Oehaa A Variable Rate Lease Revenue Bonds to finance the construction of e connrnundv/oen|orcenter project and other public improvements within the Qh/. The bonds are special Unlibad obligations of the Authority payable solely from navenueo, consisting primarily ofbase nanto| payments paid by the City. The variable interest rate on the bonds is reset on a bi-weekly basis. As of June 30, 2011, $12,190,000 of the bonds is outstanding. In conjunction with the Bonds, the Authority executed o rate cop agreement on December 2, 2002. (the Agreement) with JPMorgan Chase (Counterparty) to minimize debt service cost onthe 2OO2Lease Revenue Bonds (the Bonds) bvsetting acap onthe interest nate on the Bonds. Under the Agreement, the Counterparty will pay the Authority an amount equal bzthe product of: (i) the amount bywhich the floating rate exceeds 4.596. (ii) the notional principal amount and (iii) the actual number of days in the calculation period divided by 365 days. The Agreement is for notional amount equal tothe outstanding principal amount of the Bonds and will decline as the principal amount declines. The Agreement terminates onJanuary 1.2O13. Credit Risk The Counterparty, JPMorgan Chase, has the following credit ratings of: 0Standard 8Poor's. AA-and(iU .Ao2. Basis Risk The Agreement does not expose the Authority to basis hah, which refers to a nn|amobch between the interest rate cap of4.596and the variable nate payments bobemade on the debt. 44 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 6: Liabilities(Continued) Payments and Associated Debt Using ovariable rate of1.3D%maofJune 3O.2O11.debt sendoenaquinan�ontaofthe Bonds and the Cou assuming current interest rates nanlan the same for remainder ofthe term ofthe Agreement, are as follows. As rates vory, the variable rate Compensated Absences The City's policies relating to compensated absences are described in Note 1. This |iab|hv, amounting to $524,060 atJune 30, 2011. is expected to be paid infuture years from future resources, typically liquidated from the General Fund. Note 7: Liability, Property and Workers' Compensation Protection The City of Diamond Bar ioemember of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 121 California public entities and is organized underojointpovvenaoQreementpurouanttoCo|KbnmiaGovemnnlentCodoGG5OOatmeq. The purpose ofthe Authority is to arrange and administer programs for the pooling ofself-insured |oeeea, to purchase excess insurance or nsineunance, and to arrange for group purchased insurance for property and other lines of coverage. The California JP|A began covering claims of its members in 1978. Each member government has on elected official as its representative on the Board of Directors. The Board operates through m nine -member Executive Committee. 45 Variable Rate Debt Year Ending June 30 Principal Interest 2013 320.000 158.288 478.288 2014 335.000 153.866 488.866 ' 2015 350.000 148.243 498.243 | ' 2016 365.000 144.416 500.416 2016-2021 2.105.000 841.284 2.746.284 � 2O21 -202G 2G5GOUU . . 4B138G . 31363US . . � | | 2026-2031 3.345.000 279.686 3.624.686 2031-3036 2,410,00049,815 2,459,815 ( Totals Compensated Absences The City's policies relating to compensated absences are described in Note 1. This |iab|hv, amounting to $524,060 atJune 30, 2011. is expected to be paid infuture years from future resources, typically liquidated from the General Fund. Note 7: Liability, Property and Workers' Compensation Protection The City of Diamond Bar ioemember of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 121 California public entities and is organized underojointpovvenaoQreementpurouanttoCo|KbnmiaGovemnnlentCodoGG5OOatmeq. The purpose ofthe Authority is to arrange and administer programs for the pooling ofself-insured |oeeea, to purchase excess insurance or nsineunance, and to arrange for group purchased insurance for property and other lines of coverage. The California JP|A began covering claims of its members in 1978. Each member government has on elected official as its representative on the Board of Directors. The Board operates through m nine -member Executive Committee. 45 NOTES TO BASIC FINANCIAL . JUNE 30, 2011 1 Note 7: Liability, Property and Workers' Compensation Protection(Continued) a. Self-insurance Programs of the Authority General Liability In the liability program claims are pooled separately between police and exposures. (1) The payroll ofeach member ieevaluated relative tothe payroll ofother members. AvahaNe credibility factor ia determined for each member, which establishes the weight applied to payroll and the weight applied to |ooeoa within the formula. (2) The first layer oflosses includes incurred costs upto$3O.00O for each occurrence and is evaluated as o percentage of the pool's total incurred costs within the first layer. (3) The second layer of losses includes incurred costs from $30,000 to $750,000 for each occurrence and is evaluated as a percentage of the pool's total incurred costs within the second layer. (4) Incurred costs in excess of $750,000 up to the reinsurance attachment point of$5 million are distributed based on the outcome of cost allocation within the first and second |oee layers. (5) Costs of covered o|u|nne from $5 million to $10 million are paid under a reinsurance contract subject to a $2.5 million annual aggregate deductible. Costs of covered claims from $10 million to $15 million are paid under two reinsurance contracts subject boocombined $3million annual aggregate deductible. Onacumulative basis for all 2010-11 reinsurance contracts the annual aggregate deductible is $5.5 million. (8) Costs of covered claims from $15 million up to $50 million are covered through excess insurance policies. The overall coverage limit for each member including all layers ofcoverage ia$5Omillion per occurrence. Costs of covered claims for subsidence losses are paid by reinsurance and excess insurance with a pooled sub -limit of $35 million per occurrence. This $35 million subsidence sub -limit is composed of (a) $5 million retained within the pool's 8|R` (b) $10 million in nNneunanoa and (c) $20 million in anceoa insurance. The ox000a insurance layer has a $20 million annual aggregate. Workers' Compensation In the workers' compensation program claims. are pooled separatelybetween public safety (police and fire) and non-public safety exposures. (1) The payroll ofeach member is evaluated relative to the payroll of other members. /t variable credibility factor is determined for each member, which establishes the weight applied to payroll and the weight applied to |ooaee within the formula. /2\ The first layer oylosses includes incurred costs up to $50,000 for each occurrence and is evaluated as a percentage of the pool's total incurred costs within the first layer. (3) The second layer oflosses includes incurred costs from $50,000 to $100,000 for each occurrence and is evaluated as a percentage of the pool's total incurred costs within the second layer. (4}Incurred costs inexcess of $100000 up to the reinsurance attachment point of $2 million are distributed based on the outcome of coot allocation within the first and second |oao layers. (6) Costs of covered claims from $2 million up to statutory limits are paid under a reinsurance policy. Protection is provided per statutory liability under California Workers' Compensation Law. Employer's Liability losses are pooled among members bo$2 million. Coverage from $2 million to $4 million is purchased as pad of reinsurance policy, and Employer's Liability losses from $4 million to $10 million are pooled among members. 46 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 7: Liability, Property and Workers' Compensation Protection (Continued) b. Purchased Insurance Environmental Insurance The City of Diamond Bar participates in the pollution legal Uab|8x insurance program called environmental insurance) which ioavailable through the Authority. The policy covers sudden and gradual pollution of scheduled pn000rb/, ntna*to, and ebonn drains owned bythe City ofDiamond Bar. Coverage iaonaclaims-made basis. There is o$5O.00Odeductible. The Authority has olimit of$5Omillion for the 3-yearperiod from July 1. 2008 through July 1, 2011. Each member ofthe Authority has m $10 million sub -limit during the 3 -year term of the policy. Property Insurance ! The City of Diamond Bar participates in the oU-hoh property protection program of the Authority. This insurance protection iounderwritten bvseveral insurance companies. City ` ofDiamond Bar property iocurrently insured according toaschedule ofcovered propertv | submitted by the City of Diamond Bar to the Authority. City of Diamond Bar property' currently has all-risk property insurance protection in the amount of $19,587,922. There is $5,000 deductible per occurrence except for non -emergency vehicle insurance which has o $1.000 deductible. Pnanniurno for the coverage are paid annually and are not subject to retrospective adjustments. Crime Insurance The City of Diamond Bar purchases crime insurance coverage in the amount of $1.00.00 with o $2.50 deductible. The fidelity coverage is provided through the Authority. Premiums are paid annually and are not subject to retrospective adjustments. c. Adequacy of Protection During the past three fiscal years, none ofthe above programs of protection experienced settlements orjudgments that exceeded pooled orinsured coverage. There were also no significant reductions in pooled or insured liability coverage in 2010-11. The aforementioned information is not included in the accompanying financial statements. Complete financial statements for the Authority may be obtained at their administrative office located at 8081 Moody Street, Lo Po|ma, California 90823. Note 8: Pension Plan Plan Description The City of Diamond Bar participates in the Miscellaneous 2% at 55 Risk Pool of the California Public Employee's Rot ERG), ocoot-ahohng. multiple -employer defined benefit pension plan administered by PERS. PERS provides retirement and disability benefite, annual cost -of -living odiuetmento, and death benefits to plan members and beneficiaries. Benefit provisions and all other requirements are established by State statue and District ordinance. Copies of the PERS' annual financial report may be obtained from the PERS Executive Office 400 P Gtreet, Gacramento, California 95814. 47 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 8: Pension Plan (Continued) Funding Policy The contribution requirements of the plan members are established by State statute and the employer contribution rate is established and may be amended by PERS. Active City employees are required to contribute 7% of their annual covered salary to PERS. The city makes the contributions required of City employees on their behalf and for their account usually using available resources in the general fund. The City is required to contribute the actuarially determined remaining amounts necessary to fund the benefits for its members. The current rate is 10.424% of covered payroll. The City's contributions to CalPERS for the years ending June 30, 2011, 2010 and 2009, were $410,342, $396,087 and $392,608, respectively and were equal to the required contribution for each year. Plan Description In connection with the retirement benefits for employees described in Note 9, the City provides post-retirement health care benefits to retirees through the California Public Employees' Retirement System Health Benefits program (the PERS Health program). The program is an agent multiple -employer defined benefit health care plan that provides healthcare insurance for eligible retirees, through the City's group plans, which cover both active and retired employees. Employees become eligible to retire and receive City -paid healthcare benefits upon attainment of age 50 and 5 years of covered PERS service, or by qualifying disability retirement status. Retired employees over the age of 65 must join one of the supplemental (Medicare -coordinated) options under the PERS Health Program. Benefits are paid for the lifetime of the retiree. Benefit provisions are established by city ordinance which references state statutes (the Public Employee Medical and Hospital Care Act). The PERS Health Program does not issue a publicly available financial report. Note 9: Postemployment Benefits Other than Pensions Annual OPER Cost and Net OPER Obligation The City's annual OPER cost (expense) is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with parameters of GASB Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and to amortize any unfunded liabilities of the plan over a period not to exceed thirty years. The City sets its monthly contribution rates for health insurance on behalf of all eligible retirees according to the PERS Health Program's statutory minimum ($101/month for calendar 2010 and $101/month for calendar 2011, increased in all future years according to the rate of medical inflation). The City pays a 0.45% of premium administrative charge on behalf of all retirees. The City is currently funding this OPER obligation on a pay-as-you-go basis usually using available resources in the general fund. For the year ended June 30, 2011, the City paid $5,772 in health care costs for its retirees and their covered dependents. 48 CITY OF DIAMOND BAR NOTES T0BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 9: Postemployment Benefits Other than Pensions The following table shows the components ofthe City's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City's net OPEB obligation to the PERS Health Program (in thousands): Annual required contribution $ 62.171 Interest onnet DPE8obligation 2,434 ' Adjustment boannual required contribution ' Type of Valuation Annual OPEBcost (exponma) 59.033 Contributions made 5,772 Increase innet OPE8obligation 53.261 Net OPE8obligation -beQinningofyeor 12.1710 NetOPEBob|igcdiun-endofyoar $ 174,971 Three -Year Trend Information $ 4O2.OU7 ) | For fiscal year 2011, the City's annual OPEB cost $59,033 was equal to the ARC. Since this fiscal year iethe second year, information onthe annual {]PEBcoete. the percentage of annual OPEB cost contributed to the p|an, and the net OPEB obligation is only available for two fiscal years, aapresented below: Percentage of Fiscal Year Annuo|OPEB Actual Annual OPEBCosts Ned{}PEB Ended Costs Contributions Contributed Obligation 6/30/11 58.033 5`772 9J8Y6 174.971 Funded Status and Funding Progress Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment,mortality, and the healthcare cost trend. Amounts determined regarding the funded ebybm of the plan and the annual required contributions of the City are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule offunding progress below presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time ne|oUva to the ' Actuarial Actuarial Actuarial Actuarial Percent of ' Type of Valuation Value of Accrued Accrued Funded Covered Covered Interest Valuation Date Assets Liability Liability Ratio Payroll Rota Actual 7/1/2008 $ - $ 4O2.OU7 $ 4D2.007 0.096 $ 3,936.516 10.9896 5.0096 49 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2011 Note 9: Postemployment Benefits Other than Pensions (Continued) Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and the plan members at that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets consistent with the long-term perspective of the calculations. In the July 1, 2008, actuarial valuation, the projected unit credit method was used. The actuarial assumptions included a discount rate of 5.0% per annum, a rate of return on assets of 5.0% per annum and a healthcare cost trend rate of 8.0% initially, reduced by annual decrements of 1.0% to an ultimate rate of 5.0% after three years. The City's unfunded actuarial accrued liability will be amortized as a level dollar over an open period of 30 years. Note 10: Contingencies The City is presently involved in other matters of litigation that have arisen in the normal course of the City's business. City management believes, based upon consultation with the City Attorney, that these cases, in the aggregate, are not expected to have a material adverse financial impact on the City. Note 11: Construction Commitments The following material construction commitments existed at June 30, 2011: Project Name Park Improvements Street Improvements Traffic Control Improvements Misc. Improvements Note 12: Operating Leases Expenditure as of Remaining June 30, 2011 Commitments $ 114,165 $ 391,130 57,679 1,851,917 52,351 425,965 138,973 938,081 $ 363,168 $ 3,607,093 The City leases building and office facilities under non -cancelable operating leases. The total costs for such leases were $274,829 for the year ended June 30, 2011. The future minimum lease payments for the lease of building and office facilities are as follows: Year Ending June 30, 2012 $ 142,496 Total $ 142,496 50 CITY OF DIAMOND BAR NOTES TO FINANCIAL STATEMENTS (CONTINUED) ( JUNE 30, 2011 Note 13: Fund Balance Fund balance restatements: / Major governmental funds: ' General Fund: Tomove prior year expenditures which were paid bythe General � Fund which should have been covered byMeasure K0funds. | Traffic Improvement Fund Tomove prior year investment earnings recognized under the | Transportation Grant Fund tothe Traffic Improvement Fund. Nonmajorgovornmontm funds: � Measure K8Fund: � Tomove prior year expenditures which were paid bvthe General � Fund which should have been covered byMeasure K0funds. Transportation Grant Fund: Tomove prior year investment earnings recognized under the Transportation Grant Fund tothe Traffic Improvement Fund.4,275 Total Fund Balance Restatements 63,750 (63J60 + - In addition to the adjustments to fund balance, the following restatements have been made to net assets: Net Assets: Tuadjust beginning balance ofcapital assets to reflect capital asset additions inthe internal service funds that were not recorded inthe prior year. Total Net Asset restatements Note 14: Transactions with the State of California a. Delay of State Gas Tax Payments In March 2010, the State Legislature passed legislation delaying o variety of State � payments tolocal agencies |nresponse toanticipated State cash flow problems in fiscal year 2010-2011. A85 8x contains provisionsto delay e portion (approximately 0096) of the payments of State Gas Tax monies for the first nine months of 2010-2011 (July 2010 through March 2O11\tobepaid nolater than April 28.2O11. 51 CITY OF DIAMOND BAR NOTES TO FINANCIAL STATEMENTS (CONTINUED) JUNE 11 Note 15: Subsequent Event Refinancing of the 2002 Series A Lease Revenue Bonds (Community/Senior Center The 2002 Series Lease Revenue Bonds were originally issued on December 19. 2002 in the aggregate principal amount of$13,755/}OD. Since the date of their initial ksouonoo. the Bonds have borne interest at a VVeaNv Rate and the regularly scheduled payments of principal of and interest on the Bonds have been payable from the proceeds of draws upon an irrevocable direct -pay letter of credit issued by Union Bank, N.A., formerly known as Union Bank ofCalifornia, N.A. OnDecember 1.2O11.the interest rate onthe Bonds was converted from mVVeek|y Rate to a Fixed Rate. The fixed rates range from 3.0096 to 5.0096 throughout the life ofthe bond. W� THIS PAGE INTENTIONALLY LEFT BLANK 53 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30 2011 Special Revenue Funds Liabilities and Fund Balances: Accounts payable State Gas Tax Proposition Proposition Transportation 3.815 Fund Transit Fund Transit Fund Grant Fund Assets: Unearned revenues Pooled cash and investments $ 377.859 $ 291,405 $ 2.015.942 $ - Receivables: Retentions payable - - Accounts - - - - Notes and loans - Due from other governments 180.713 - - - Restricted assets: - - Public safety - - Cash and investments with fiscal agents - ' - - Total Aeeedo ' - - Debt service - Liabilities and Fund Balances: Accounts payable 40.058 $ 44,438 $ - Accrued liabilities ' 3.815 3,980 ' Deferred n»vonuae - - - - Unearned revenues Due b/other governments Due tuother funds Retentions payable - - - ' Total Liabilities - 43,371 48,418 - Restricted for: Community development projects - - - - Public safety - - - - Highways and streets 558.572 248.034 1.887.524 - Capital Projects - ' - - Debt service - - - - Unassigned ' - - - Total Fund Balances 558,572 248034 1,967,524 ' Total Liabilities and Fund Balances 54 CITY OFDIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30,2011 (Continued) 55 Special Revenue Funds Integrated Park and Waste Traffic Air Quality Facility Management Congestion Improvement Development Fund Relief Fund Fund Fund Assets: Pooled cash and investments $ 887.518 $ 35.443 $ 101.081 $ 853.872 Receivables: Accounts 110.027 - ' ' Notes and loans - Due from other governments Restricted assets: Cash and investments with fiscal agents - - - - Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable $ 3.876 $ ' $ 14,494 $ ' Accrued liabilities 3.680 - ' - Deferred revenues ' - ' - Unearned revenues - - - ' Due toother governments - - ' - Due hnother funds - - - - Retentions payable - - - - Total Liabilities 7,556 - 14,494 - Restricted for: Community development projects 790.889 ' - 863.072 Public safety - - ' - Highways and streets - 35.443 - - Capital Projects - - 140.567 ' Debt service - ' ' - Unassigned - ' - ' Total Fund Balances 790,889 35,443 146567 853972 Total Liabilities and Fund Balances 55 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2011 Special Revenue Funds Liabilities and Fund Balances: Liabilities: Accounts payable $ 18,356 $ 3,440 $ - $ - Asset Seizure 715 CDBG Fund COPS Fund Fund CLEEP Fund Assets: Unearned revenues - - - - Pooled cash and investments $ - $ 133,349 $ 263,939 $ 46,987 Receivables: - - - Retentions payable - Accounts - - - - Notes and loans 284,154 - - - Due from other governments 68,370 12,706 - - Restricted assets: Highways and streets - - - - Cash and investments with fiscal agents - - - - Total Assets $ 352,524 $ 146,055 $ 263,939 $ 46,987 Liabilities and Fund Balances: Liabilities: Accounts payable $ 18,356 $ 3,440 $ - $ - Accrued liabilities 715 - - - Deferred revenues - - - - Unearned revenues - - - - Due to other governments 284,154 - - - Due to other funds 49,299 - - - Retentions payable - - - - Total Liabilities 352,524 3,440 - - Restricted for: Community development projects - - - - Public safety - 142,615 263,939 46,987 Highways and streets - - - - Capital Projects - - - - Debt service - - - - Unassigned - - - - Total Fund Balances - 142,615 263,939 46,987 Total Liabilities and Fund Balances $ 352,524 $ 146,055 $ 263,939 $ 46,987 ( CITY OF DIAMOND BAR COMBINING BALANCE SHEET / NO0M&J@R GOVERNMENTAL FUNDS JUNE 30, 2011 57 Special Revenue Funds Edward Byrne Justice Landscape Measure Assistance Grant Maintenance Local Return EECBG Grant (JAG) Fund District Fund Fund Fond Assets: Pooled cash and investments $ 48.077 $ 119.080 $ 584.799 $ - Receivables: Accounts - - - - Notes and loans - - - - Due from other governments - 11.924 Restricted assets: Cash and investments with fiscal agents - - - - Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable $ - $ 102.745 $ - $ 10.187 Accrued liabilities - ' ' - Deferred revenues - - - - Unearned revenues 45.888 - - - Due toother governments - - - ' Due toother funds - - - 303 Retentions payable - - ' ' Total Liabilities 45088 103745 - 16588 Restricted for: Community development projects ' ' - ' Public safety 180 - - - Highways and streets - 28.265 584.799 ' ! Capital Projects - - ' - Debt service - Unassigned - - ' Total Fund Balances 189 28,265 564,799 Total Liabilities and Fund Balances 57 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2011 Capital Projects Debt Service Funds Funds Capital Total - - - Improvement Public Financing Governmental Fund Authority Funds Assets: Pooled cash and investments $ 55,101 $ - $ 5,652,538 Receivables: Accounts Notes and loans Due from other governments Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Deferred revenues Unearned revenues Due to other governments Due to other funds Retentions payable Total Liabilities Restricted for: Community development projects Public safety Highways and streets Capital Projects Debt service Unassigned Total Fund Balances Total Liabilities and Fund Balances 58 110,927 - - 284,154 83,370 - 357,083 - 333,694 333,694 $ 138,471 $ 333,694 $ 6,738,396 $ 117,666 $ - $ 361,258 - - 11,690 55,264 - 55,264 - - 45,888 - 284,154 - - 49,692 2,602 - 2,602 175,532 - 810,548 - 1,644,861 - - 453,730 - - 3,402,637 - - 146,567 - 333,694 333,694 (37,061) - (53,641) (37,061) 333,694 5,927,848 $ 138,471 $ 333,694 $ 6,738,396 THIS PAGE INTENTIONALLY LEFT BLANK 59 ,r&•i;�►1c1,�j[•],t����lc COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2011 Revenues: Taxes Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks, recreation, and culture Highways and streets Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Restatements Fund Balances, Beginning of Year, as Restated Fund Balances, End of Year Special Revenue Funds State Gas Tax Proposition A Proposition C Transportation Fund Transit Fund Transit Fund Grant Fund 1,504,468 816,989 678,518 - 1,060,539 - - 164 1,079 10,942 - 1,504,632 1,878,607 689,460 - - 67,408 - - 1,445,063 614,487 - 1,512,471 614,487 1,504,632 366,136 74,973 (844,959) (20,106) (118,702) (844,959) (20,106) (118,702) - 659,673 346,030 (43,729) - (101,101) (97,996) 2,011,253 4,275 - (4,275) (101,101) (97,996) 2,011,253 - $ 558,572 $ 248,034 $ 1,967,524 $ - CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2011 (Continued) Revenues: Taxes Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks, recreation, and culture Highways and streets Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Restatements Fund Balances, Beginning of Year, as Restated Fund Balances, End of Year Special Revenue Funds Integrated Traffic Air Quality Park and Waste Congestion Improvement Facility Management Relief Fund Fund Development 22,450 - 52,359 91,739 500,419 - - - 3,307 1,014 754 5,010 526,176 1,014 53,113 96,749 222,747 - 54,753 7,700 222,747 - 54,753 7,700 303,429 1,014 (1,640) 89,049 (90,000) (414,217) - (203,356) (90,000) (414,217) - (203,356) 213,429 (413,203) (1,640) (114,307) 577,460 448,646 148,207 968,279 577,460 448,646 148,207 968,279 $ 790,889 $ 35,443 $ 146,567 $ 853,972 RE CITY OF DIAMOND BAR COMBINING STATEMENT OF EXPENDITURES, AND CHANGES |NFUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30,2011 Taxes Intergovernmental Charges for services Use ofmoney and property Total Revenues Expenditures: Current: Public safety Community development Parks, recreation, and culture Highways and streets Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Dohoianuy)ofRevenues Over (Under)Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change inFund Balances Fund Balances, Beginning of Year Restatements Fund Balances, Beginning ofYear, aoRestated Fund Balances, End ofYear Snecia|Revenue Funds Asset Seizure CDBG Fund COPS Fund Fund CLEEP Fund 851.580 100.000 - - - - - ' 756 1,861 273 351,590 100,756 1,861 273 ' 9\120 - 9,930 193,834 - - - - - - - - - - - - - 193,834 9,120-9,930 157,7561 62 - - ' - ' 138,160 COMBINING STATEMENT OPREVENUES, EXPENDITURES, AND CHANGES |NFUND BALANCES NomM/JOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 302011 Expenditures: Public safety ' - - - Community development - - - 03,461 Parks, recreation, and culture - - - - Highways and streets ' 606.306 - - Capital outlay - - - - Debt service: Principal retirement - - - - Interest and fiscal charges - ' ' - Total Expenditures'606,306 - 63,461 Excess (DeOnionoy)ofRevenues Over (Under)Expenditures 12,760 Other Financing Sources (Uses): Transfers in - 81.849 - ' Transfers out - - Total Other Financing Sources (Uses) 91,849- Net Change in Fund Balances 279 42,166 244,088 (16,187) / Fund Balances, Beginning nfYear (90) (13,901) 384,461 (393) Restatements, - - ' ( Fund Balances, Beginning ofYear, oeRestated 320,711 Fund Balances, End cf Year ,i \| /| / 83 /( Special Revenue Funds Edward Byrne Landscape Measure R Justice Maintenance Local Return EECBG Grant Assistance District Fund Fund Fund Revenues: Taxes $ - $ 558.562 $ - $ - Intergovernmental 12.481 - 506.540 47.274 Charges for services - - ' - Use nfmoney and property 279 61 2,270- Total Revenues 12,760 556,623 508,810 47,274 Expenditures: Public safety ' - - - Community development - - - 03,461 Parks, recreation, and culture - - - - Highways and streets ' 606.306 - - Capital outlay - - - - Debt service: Principal retirement - - - - Interest and fiscal charges - ' ' - Total Expenditures'606,306 - 63,461 Excess (DeOnionoy)ofRevenues Over (Under)Expenditures 12,760 Other Financing Sources (Uses): Transfers in - 81.849 - ' Transfers out - - Total Other Financing Sources (Uses) 91,849- Net Change in Fund Balances 279 42,166 244,088 (16,187) / Fund Balances, Beginning nfYear (90) (13,901) 384,461 (393) Restatements, - - ' ( Fund Balances, Beginning ofYear, oeRestated 320,711 Fund Balances, End cf Year ,i \| /| / 83 /( CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2011 Capital Debt Service Projects Funds Funds Capital Public Total Improvement Financing Governmental Fund Authority Funds Revenues: Taxes $ - $ - $ 556,562 Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks, recreation, and culture Highways and streets Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers out Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances, Beginning of Year Restatements Fund Balances, Beginning of Year, as Restated Fund Balances, End of Year El 474,999 4,659,407 - - 1,560,958 341,340 369,110 474,999 341,340 7,146,037 - 19,050 - 542,495 - 67,408 - - 2,665,856 1,592,910 - 1,592,910 - 290,000 290,000 37,461 37,461 1,592,910 327,461 5,215,180 (1,117,911) 13,879 1,930,857 1,602,092 1,693,942 (2,316,519) 1,602,092 - (622,577) 484,181 13,879 1,308,280 (521,242) 319,815 4,687,593 - (68,025) (521,242) 319,815 4,619,568 $ _(27,061) $ 333,694 $ 5,927,848 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE STATE GAS TAX FUND YEAR ENDED JUNE 30, 2011 Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 1,446,045 1,446,045 1,403,531 (42,514) Variance with 844,959 601,086 1,547,146 1,446,045 Final Budget 601,086 Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (101,101) $ (101,101) $ (101,101) $ - Resources (Inflows): Intergovernmental 1,547,146 1,547,146 1,504,468 (42,678) Use of money and property - - 164 164 Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 1,446,045 1,446,045 1,403,531 (42,514) 1,547,146 1,446,045 844,959 601,086 1,547,146 1,446,045 844,959 601,086 $ (101,101) $ - $ 558,572 $ 558,572 65 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE f PROPOSITION A TRANSIT FUND YEAR ENDED JUNE 30, 2011 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Charges for services Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Parks, recreation and culture Highways and Streets Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (97,996) $ (97,996) $ (97,996) $ - 814,160 814,160 816,989 2,829 1,000,000 1,200,000 1,060,539 (139,461) 3,000 3,000 1,079 (1,921) 1,719,164 1,919,164 1,780,611 (138,553) 73,625 73,625 67,408 6,217 1,416,700 1,666,700 1,445,063 221,637 - - 20,106 (20,106) 1,490,325 1,740,325 1,532,577 207,748 $ 228,839 $ 178,839 $ 248,034 $ 69,195 R. CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PROPOSITION C TRANSIT FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 2,011,253 $ 2,011,253 $ 2,011,253 $ - Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Highways and Streets Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 675,323 675,323 678,518 3,195 15,000 15,000 10,942 (4,058) 2,701,576 2,701,576 2,700,713 (863) 771,200 771,200 614,487 156,713 180,000 180,000 118,702 61,298 951,200 951,200 733,189 218,011 $ 1,750,376 $ 1,750,376 $ 1,967,524 $ 217,148 M CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE INTEGRATED WASTE MANAGEMENT FUND YEAR ENDED JUNE 30, 2011 ; Variance with f Final Budget l Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 577,460 $ 577,460 $ 577,460 $ - Resources (Inflows): Intergovernmental 22,984 22,984 22,450 (534) Charges for services 531,000 531,000 500,419 (30,581) Use of money and property 5,000 5,000 3,307 (1,693) Amounts Available for Appropriation 1,136,444 1,136,444 1,103,636 (32,808) Charges to Appropriation (Outflow): Community development 345,330 345,330 222,747 122,583 Transfers out 90,000 90,000 90,000 - Total Charges to Appropriations 435,330 435,330 312,747 122,583 Budgetary Fund Balance, June 30 $ 701,114 $ 701,114 $ 790,889 $ 89,775 ; CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE TRAFFIC CONGESTION RELIEF FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 448,646 $ 448,646 $ 448,646 $ - Resources (Inflows): Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations - - 1,014 1,014 29,157 29,157 - (29,157) 477,803 477,803 449,660 (28,143) - - 414,217 (414,217) 414,217 (414,217) Budgetary Fund Balance, June 30 $ 477,803 $ 477,803 $ 35,443 $ (442,360) 29 'Till _-G► BUDGETARY COMPARISON SCHEDULE AIR QUALITY IMPROVEMENT FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 148,207 $ 148,207 $ 148,207 $ - Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Community development Total Charges to Appropriations Budgetary Fund Balance, June 30 70,000 70,000 52,359 (17,641) 500 500 754 254 218,707 218,707 201,320 (17,387) 115,350 115,350 54,753 60,597 115,350 115,350 54,753 60,597 $ 103,357 $ 103,357 $ 146,567 $ 43,210 70 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PARK AND FACILITY DEVELOPMENT FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 968,279 $ 968,279 $ 968,279 $ - Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Community development Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 136,978 136,978 91,739 (45,239) 1,500 1,500 5,010 3,510 1,106,757 1,106,757 1,065,028 (41,729) - - 7,700 (7,700) 893,799 896,519 203,356 693,163 893,799 896,519 211,056 685,463 $ 212,958 $ 210,238 $ 853,972 $ 643,734 71 I . EPIT0 MI e L ► BUDGETARY COMPARISON SCHEDULE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG FUND) YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ - $ - $ _ $ _ Resources (Inflows): Intergovernmental Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Community development Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 486,468 486,468 351,590 (134,878) - - 1 1 486,468 486,468 351,591 (134,877) 188,872 238,872 193,834 45,038 297,596 297,596 157,757 139,839 486,468 536,468 351,591 184,877 $ - —L—L50,0001 $ - $ 50,000 IN CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUND YEAR ENDED JUNE 30, 2011 Budgetary Fund Balance, July 1 Resources (inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Public safety Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with 73 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 138,160 $ 138,160 $ 138,160 $ 100,000 100,000 100,000 - 1,000 1,000 756 (244) 239,160 239,160 238,916 (244) 14,000 14,000 9,120 4,880 104,000 104,000 87,181 16,819 118,000 118,000 96,301 21,699 $ 121,160 $ 121,160 $ 142,615 $ 21,455 73 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE ASSET SEIZURE FUND YEAR ENDED JUNE 30, 2011 0 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 365,116 $ 365,116 $ 365,116 $ - Resources (Inflows): Use of money and property 2,000 2,000 1,861 (139) Amounts Available for Appropriation 367,116 367,116 366,977 (139) Charges to Appropriation (Outflow): Public safety 5,000 5,000 - 5,000 Transfers out 107,600 107,600 103,038 4,562 Total Charges to Appropriations 112,600 112,600 103,038 9,562 Budgetary Fund Balance, June 30 $ 254,516 $ 254,516 $ 263,939 $ 9,423' 0 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 56,644 $ 56,644 $ 56,644 $ Resources (inflows): Use of money and property 500 500 273 (227) Amounts Available for Appropriation 57,144 57,144 56,917 (227) Charges to Appropriation (Outflow): Public safety 5,500 5,500 9,930 (4,430) Total Charges to Appropriations 5,500 5,500 9,930 (4,430) Budgetary Fund Balance, June 30 $ 51,6" $ 51,644 $ 46,987 $ (4,657) rI&I CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE EDWARD BYRNE JUSTICE ASSISTANCE GRANT FUND YEAR ENDED JUNE 30, 2011 76 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (90) $ (90) $ (90) $ - Resources (Inflows): Intergovernmental - 72,933 12,481 (60,452) Use of money and property - - 279 279 Amounts Available for Appropriation (90) 72,843 12,670 (60,173) Charges to Appropriation (Outflow): Transfers out 12,000 12,000 12,481 (481) Total Charges to Appropriations 12,000 12,000 12,481 (481) Budgetary Fund Balance, June 30 $ (12,090) $ 60,843 $ 189 $ (60,654) 76 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE LANDSCAPE MAINTENANCE DISTRICT FUND YEAR ENDED JUNE 30, 2011 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (13,901) $ (13,901) (13,901) $ - Resources (inflows): Taxes 554,157 554,157 556,562 2,405 Use of money and property 300 300 61 (239) Transfers in 91,849 108,871 91,849 (17,022) Amounts Available for Appropriation 632,405 649,427 634,571_ (14,856) Charges to Appropriation (Outflow): Highways and Streets 665,179 665,179 606,306 58,873 Total Charges to Appropriations 665,179 665,179 606,306 58,873 Budgetary Fund Balance, June 30 $ (32,774), $ (15,752) $ 28,265 $ 44,017 0 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE MEASURE R LOCAL RETURN FUND YEAR ENDED JUNE 30, 2011 78 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1, as restated $ 320,711 $ 320,711 $ 320,711 $ - Resources (inflows): Intergovernmental 506,493 506,493 506,540 47 Use of money and property 1,000 1,000 2,270 1,270 Amounts Available for Appropriation 828,204 828,204 829,521 1,317 Charges to Appropriation (Outflow): Transfers out 556,493 556,493 264,722 291,771 Total Charges to Appropriations 556,493 556,493 264,722 291,771 Budgetary Fund Balance, June 30 $ 271,711 $ 271,711 $ 564,799 $ 293,088 78 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE EECBG GRANT FUND YEAR ENDED JUNE 30, 2011 0 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ (393) $ (393) $ (393) $ - Resources (Inflows): Intergovernmental - 423,343 47,274 (376,069) Amounts Available for Appropriation (393) 422,950 46,881 (376,069) Charges to Appropriation (Outflow): Community development - 423,343 63,461 359,882 Total Charges to Appropriations - 423,343 63,461 359,882 Budgetary Fund Balance, June 30 _L__1393 $ (393) $ (16,580) $ (16,187) 0 I- O 1 'ti��D :,- BUDGETARY COMPARISON SCHEDULE CAPITAL IMPROVEMENT FUND YEAR ENDED JUNE 30, 2011 Budgetary Fund Balance, July 1 Resources (Inflows): Licenses and permits Intergovernmental Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Capital outlay Total Charges to Appropriations Budgetary Fund Balance, June 30 W Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (521,242) $ (521,242) $ (521,242) $ - 250,000 250,000 - (250,000) 892,464 889,744 474,999 (414,745) 3,344,525 3,558,245 1,602,092 (1,956,153) 3,965,747 4,176,747 1,555,849 (2,620,898) 4,486,989 4,513,761 1,592,910 2,920,851 4,486,989 4,513,761 1,592,910 2,920,851 $ (521,242) $ (337,014) $(37,061) $ 299,953 W CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PUBLIC FINANCING AUTHORITY YEAR ENDED JUNE 30, 2011 Charges to Appropriation (Outflow): Debt service: Principal retirement Interest and fiscal charges Total Charges to Appropriations Budgetary Fund Balance, June 30 290,000 (290,000) 37,461_ (37,461) - 327,461 (327,461) $ 319,815 $ 319,815 $ 333,694 $ 13,879 81 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 319,815 $ 319,815 $ 319,815 $ - Resources (inflows): Use of money and property - - 341,340 341,340 Amounts Available for Appropriation 319,815 319,819 661,155 341,340 Charges to Appropriation (Outflow): Debt service: Principal retirement Interest and fiscal charges Total Charges to Appropriations Budgetary Fund Balance, June 30 290,000 (290,000) 37,461_ (37,461) - 327,461 (327,461) $ 319,815 $ 319,815 $ 333,694 $ 13,879 81 CITY OF DIAMOND BAR COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS JUNE 30, 2011 Governmental Activities - Internal Service Funds Computer Equipment Equipment Self Insurance Replacement Replacement Fund Fund Fund Totals Assets: Current: Cash and investments Prepaid costs Total Current Assets Noncurrent: Capital assets - net of accumulated depreciation Total Noncurrent Assets Total Assets Liabilities and Net Assets: Liabilities: Current: Accounts payable Total Current Liabilities Total Liabilities Net Assets: Invested in capital assets, net of related debt Unrestricted Total Net Assets Total Liabilities and Net Assets $ 1,261,862 $ 215,151 $ 404,611 $ 1,881,624 1,373 - - 1,373 1,263,235 215,151 404,611 1,882,997 27,175 85,652 112,827 27,175 85,652 112,827 $ 1,263,235 $ 242,326 $ 490,263 $ 1,995,824 $ 269,388 $ $ $ 269,388 269,388 269,388 269,388 269,388 - 27,175 85,652 112,827 993,847 215,151 404,611 1,613,609 993,847 242,326 490,263 1,726,436 $ 1,263,235 $ 242,326 $ 490,263 $ 1,995,824 82 CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS INTERNAL SERVICE FUNDS YEAR ENDED JUNE 30, 2011 Governmental Activities - Internal Service Funds Computer Equipment Equipment Self Insurance Replacement Replacement Fund Fund Fund Totals Operating Expenses: Administration and general $ - $ 4,458 $ - $ 4,458 Insurance premiums 552,402 - - 552,402 Maintenance and operations - - 18,201 18,201 Depreciation expense - 10,882 5,480 16,362 Total Operating Expenses 552,402 15,340 23,681 591,423 Operating Income (Loss) (552,402) (15,340) (23,681) (591,423) Nonoperating Revenues (Expenses): Interest revenue 4,569 1,217 1,828 7,614 Total Nonoperating Revenues (Expenses) 4,569 1,217 1,828 7,614 Income (Loss) Before Transfers (547,833) (14,123) (21,853) (583,809) Transfers in 446,528 - 159,500 606,028 Changes in Net Assets (101,305) (14,123) 137,647 22,219 Net Assets: Beginning of Year 1,095,152 256,449 352,616 1,704,217 End of Fiscal Year $ 993,847 $ 242,326 $ 490,263 $ 1,726,436 83 CITY OF DIAMOND BAR COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS YEAR ENDED JUNE 30, 2011 Governmental Activities - Internal Service Funds Net Cash Provided (Used) by Operating Activities (553,775) (4,458) (36,585) (594,818) Cash Flows from Non -Capital Financing Activities: Cash transfers in Net Cash Provided (Used) by Non -Capital Financing Activities Cash Flows from Capital and Related Financing Activities: Acquisition and construction of capital assets Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows from Investing Activities: Interest received Net Cash Provided (Used) by Investing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at End of Year Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income (loss) net cash provided (used) by operating activities: Depreciation (Increase) decrease in prepaid expense Increase (decrease) in accounts payable Total Adjustments Net Cash Provided (Used) by Operating Activities 446,528 - 159,500 606,028 446,528 - 159,500 606,028 (30,765) (80,357) (111,122) • (30,765) (80,357) (111,122) 4,569 1,217 1,828 7,614 4,569 1,217 1,828 7,614 (102,678) (34,006) 44,386 (92,298) 1,364,540 249,157 360,225 1,973,922 $ 1,261,862 $ 215,151 $ 404,611 $ 1,881,624 $ (552,402) $ (15,340) $ (23,681) $ (591,423) 10,882 5,480 16,362 (1,373) - - (1,373) - (18,384) (18,384) (1,373) 10,882 (12,904) (3,395) $ (553,775) $ (4,458) $ (36,585) $ (594,818) 84 Computer Self Equipment Equipment Insurance Replacement. Replacement Fund Fund Fund Totals Cash Flows from Operating Activities: Insurance premiums $ (553,775) $ - $ - $ (553,775) Payments to suppliers - - (36,585) (36,585) Cash paid to employees for services - (4,458) - (4,458) Net Cash Provided (Used) by Operating Activities (553,775) (4,458) (36,585) (594,818) Cash Flows from Non -Capital Financing Activities: Cash transfers in Net Cash Provided (Used) by Non -Capital Financing Activities Cash Flows from Capital and Related Financing Activities: Acquisition and construction of capital assets Net Cash Provided (Used) by Capital and Related Financing Activities Cash Flows from Investing Activities: Interest received Net Cash Provided (Used) by Investing Activities Net Increase (Decrease) in Cash and Cash Equivalents Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at End of Year Reconciliation of Operating Income to Net Cash Provided (Used) by Operating Activities: Operating income (loss) Adjustments to reconcile operating income (loss) net cash provided (used) by operating activities: Depreciation (Increase) decrease in prepaid expense Increase (decrease) in accounts payable Total Adjustments Net Cash Provided (Used) by Operating Activities 446,528 - 159,500 606,028 446,528 - 159,500 606,028 (30,765) (80,357) (111,122) • (30,765) (80,357) (111,122) 4,569 1,217 1,828 7,614 4,569 1,217 1,828 7,614 (102,678) (34,006) 44,386 (92,298) 1,364,540 249,157 360,225 1,973,922 $ 1,261,862 $ 215,151 $ 404,611 $ 1,881,624 $ (552,402) $ (15,340) $ (23,681) $ (591,423) 10,882 5,480 16,362 (1,373) - - (1,373) - (18,384) (18,384) (1,373) 10,882 (12,904) (3,395) $ (553,775) $ (4,458) $ (36,585) $ (594,818) 84 DESCRIPTION OF STATISTICAL SECTION CONTENTS June 30, 2011 This part of the City of Diamond Bar's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information say about the government's overall financial health. Contents: Schedules Financial Trends — These schedules contain trend information to help the reader understand how the city's financial performance and well-being have changed over time. 1-4 Revenue Capacity — These schedules contain information to help the reader assess the city's most significant local revenue source, the property tax. 5-8 Debt Capacity — These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to 9-11 issue additional debt in the future. Demographic and Economic Information — These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. 12-14 Operating Information —These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. 15-16 [.*R Governmental activities: Invested in capital assets, net of related debt(1) Restricted for: Capital projects Community development Public safety Public works Debt service Unrestricted Total governmental activities net assets City of Diamond Bar Net Assets by Component Last Nine Fiscal Years (accrual basis of accounting) Fiscal Year Ended June 30, 2003 2004 2005 2006 2007 $ 8,237,553 $ 10,844,807 $ 10,692,694 $ 14,593,935 $ 375,216,400 5,988,178 241,767 3,775,552 3,323,474 3,446,872 1,398,057 1,296,806 1,013,495 245,763 243,697 321,747 26,205,849 31,231,827 29,775,169 29,461,178 34,072,884 $ 40,431,580 $ 42,318,401 $ 45,887,235 $ 48,919,090 $ 414,071,398 Note: The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. As allowed by GASB 34, the value of infrastructure placed in service prior to July 1, 2002 was not included in the net assets until the fiscal year ended June 30, 2007. Schedule 1 2008 2009 2010 2011 $ 370,949,296 $ 367,529,907 $ 377,940,738 $ 381,985,940 2,912,276 3,526,991 2,260,872 146,567 889,176 568,280 725,667 1,644,861 541,482 559,920 453,730 3,636,487 309,533 305,915 319,815 333,694 36,236,504 34,554,084 34,215,610 22,582,318 $ 411,296,785 $ 407,026,659 $ 416,022,622 $ 410,783,597 M Expenses: Governmental activities: General government Public safety Highways and streets Community development Parks, recreation and culture Interest on long-term debt Total general revenues Program revenues: Governmental activities: Charges for services General Government Public safety Highways and streets Community development Parks, recreation and culture Operating grants and contributions Capital grants and contributions Total governmental activities program revenues City of Diamond Bar Changes in Net Assets Last Nine Fiscal Years (accrual basis of accounting) Fiscal Year Ended June 30, 2003 2004 2005 2006 2007 $ 3,315,082 $ 3,713,530 $ 3,997,319 $ 4,203,123 $ 4,784,314 4,988,449 4,875,823 4,969,183 5,418,005 4,876,435 1,006,768 1,365,737 4,622,014 5,240,568 14,019,550 3,370,116 5,724,606 1,050,025 2,759,718 2,292,757 2,309,150 2,580,454 3,814,887 3,737,071 4,779,588 535,752 171,223 270,735 423,320 498,042 15,525,317 18,431,373 18,724,163 21,781,805 31,250,686 74,805 225,656 486,925 707,272 262,541 813,617 733,902 1,159,264 1,277,170 1,512,195 517,930 529,330 1,328,637 1,555,993 3,493,798 908,330 933,985 7,888 16,841 21,297 558,227 610,772 1,147,088 1,260,849 1,385,788 4,390,722 4,068,446 4,040,785 5,281,308 6,968,824 1,779,510 261,994 912,531 1,150 1,254,314 9,043,141 7,364,085 8,170,587 10,100,583 14,898,757 General revenues: I Taxes Property taxes 2,727,712 2,717,949 3,191,006 3,555,244 3,754,955 Transient occupancy taxes 578,680 628,564 717,879 718,889 774,757 Sales taxes 2,965,292 3,167,901 3,508,341 3,949,349 3,943,345 Franchise taxes 828,242 912,531 941,319 996,567 1,064,621 Property transfer tax 367,638 367,464 413,247 416,423 331,096 f Il Unrestricted Motor vehicle in lieu 3,370,387 2,716,134 4,386,800 3,663,061 4,356,641 Use of money and property 439,455 182,069 532,091 1,051,922 1,476,010 Other revenues 84,795 250,250 676,292 361,622 41,362 ( Total general revenues 11,362,201 10,942,862 14,366,975 14,713,077 15,742,787 1. Change in net assets $ 4,880,025 $ (124,426) $ 3,813,399 $ 3,031,855 $ (609,142) Note:. The City implemented GASB 34 for the fiscal year ended June 30, 2003. Information prior to the implementation of GASB 34 is not available. Source: City Finance Department Schedule 2 i 2008 2009 2010 2011 $ 4,473,666 $ 5,159,300 $ 4,973,685 $ 6,370,986 4,944,729 5,396,083 5,526,099 5,591,049 12,034,669 13,931,211 12,287,325 10,619,860 2,251,196 1,959,303 1,624,547 1,969,540 5,188,977 4,950,687 5,091,215 5,153,264 392,548 177,633 57,948 72,592 29,285,785 31,574,217 29,560,819 29,777,291 225,553 132,262 131,633 118,016 1,176,931 1,017,336 1,014,237 996,409 2,851,187 1,732,985 2,070,167 2,400,272 23,351 17,602 21,106 517,515 1,581,597 1,705,282 1,754,789 1,829,409 4,307,074 5,588,818 4,358,895 3,685,378 219,193 2,272,580 15,960,279 40,779 10,384,886 12,466,865 25,311,106 9,587,778 3,927,073 4,001,276 3,837,288 4,187,896 800,390 633,075 569,916 642,509 4,102,177 3,085,223 3,122,229 3,355,127 1,024,710 1,093,039 1,115,980 1,259,471 283,433 199,365 259,384 172,687 4,563,127 4,687,515 4,599,922 4,766,225 1,420,988 833,270 618,963 474,598 4,388 304,463 7,090 91,975 16,126,286 14,837,226 14,130,772 14,950,488 1 $ (2,774,613) $ (4,270,126) $ 9,881,059 $ (5,239,025) City of Diamond Bar Fund Balances of Governmental Funds Last Nine Fiscal Years (modified accrual basis of accounting) Total all other governmental funds 14,018,456 6,896,895 6,498,307 5,148,389 4,366,089 Total fund balances $ 36,372,082 $ 29,560,397 $ 32,433,946 $ 31,562,005 $ 34,827,639 2011 General fund: Committed to: Emergency contingencies $ 4,500,000 Unassigned 16,768,415 Total general fund 21,268,415 All other governmental funds: Restricted for: Fiscal. Year Ended June.30, Comm development projects 2003 2004 2005 2006 2007 General fund: 146,567 Debt service 333,694 Unassigned (364,892) Reserved $ 440,407 $ 866,843 $ 1,125,918 $ 1,310,172 $ 1,893,287 Unreserved 21,913,219 21,796,659 24,809,721 25,103,444 28,568,263 Total general fund 22,353,626 22,663,502 25,935,639 26,413,616 30,461,550 All other governmental funds: Reserved 5,719,861 105,861 5,555,988 2,274,829 3,311,451 Unreserved, reported in: Special revenue funds 8,030,278 6,043,352 6,111,202 5,485,933 5,736,366 Debt Service Fund 505,915 274,426 Capital projects funds 268,317 241,767 (5,443,309) (2,612,373) (4,681,728) Total all other governmental funds 14,018,456 6,896,895 6,498,307 5,148,389 4,366,089 Total fund balances $ 36,372,082 $ 29,560,397 $ 32,433,946 $ 31,562,005 $ 34,827,639 2011 General fund: Committed to: Emergency contingencies $ 4,500,000 Unassigned 16,768,415 Total general fund 21,268,415 All other governmental funds: Restricted for: Comm development projects 1,644,861 Public safety 453,730 Highways and streets 3,636,487 Capital Projects 146,567 Debt service 333,694 Unassigned (364,892) Total all other governmental funds 5,850,447 Total fund balances $27,118,862 Note: The City implemented GASB 54, titled "Fund Balance Reporting and Governmental Fund Type Definitions" for the fiscal year ended June 30, 2011. The City has elected to show only nine years of data for this schedule. Source: City Finance Department .E Schedule 3 2008 2009 2010 $ 1,864,387 $ 1,612,181 $ 1,955,477 31,065,127 30,041,357 28,841,621 32,929,514 31,653,538 30,797,098 5,810,250 2,754,526 1,735,077 4,955,552 5,423,979 4,894,552 319,815 (5,703,854) (2,701,642) (2,016,507) 5,061,948 5,476,863 4,932,937 $ 37,991,462 $ 37,130,401 $ 35,730,035 9E Revenues: Taxes Special assessments Intergovernmental Charges for services Fines and forfeitures Licenses and permits Investment income Other Total revenues Expenditures: Current: General government Public safety Highway and streets Parks, recreation and culture Community development Capital outlay Debt service: Principal retirement Interest and fiscal charges Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): City of Diamond Bar Changes in Fund Balances, Governmental Funds Last Nine Fiscal Years (modified accrual basis of accounting) Fiscal Year Ended June 30, 2003 2004 2005 2006 2007 2008 $ 7,432,575 $ 7,759,331 $8,632,837 $9,508,757 $9,876,760 $10,165,881 557,601 555,232 593,778 504,908 541,382 543,561 8,602,856 6,353,152 8,306,557 8,821,141 11,169,052 9,896,948 706,137 709,011 761,040 870,314 1,002,210 1,111,655 813,617 733,903 713,201 589,922 546,902 637,484 1,467,127 1,457,345 1,732,555 2,389,149 4,247,626 3,121,476 658,922 395,929 654,066 1,250,570 1,716,194 1,629,257 74,818 234,951 480,740 792,216 767,457 826,177 20,313,653 18,198,854 21,874,774 24,726,977 29,867,583 27,932,439 3,163,516 3,663,055 3,787,005 3,551,659 4,402,235 3,987,656 4,973,248 4,857,179 4,954,630 5,404,259 4,880,290 4,933,958 1,006,768 1,365,737 4,301,146 4,769,497 5,114,274 4,926,418 1,946,025 2,114,090 2,750,815 2,613,834 3,475,549 3,714,762 2,808,613 3,419,856 1,050,025 2,748,539 2,292,757 2,246,496 8,057,482 9,261,289 1,682,830 5,320,597 5,344,935 4,271,890 235,000 240,000 255,000 1,167,502 145,580 237,487 404,075 493,840 411,583 23,123,154 24,826,786 18,763,938 25,047,460 26,243,880 24,747,763 (2,809,501) (6,627,932) 3,110,836 (320,483) 3,623,703 3,184,676 Bond issued 13,755,000 1 Bonds discount and issuance costs (769,300) Transfers in 10,259,848 9,906,970 2,363,367 6,469,523 6,030,764 7,266,149 Transfers out (10,453,243) (10,090,723) (2,600,654) (6,733,961) (6,354,106) (7,608,749) Total other financing sources (uses) Net changes in fund balances Debt service as a percentage of noncapital expenditures 12,792,305 (183,753) (237,287) (264,438) (323,342) (342,600) 9,982,804 (6,811,685) 2,873,549 (584,921) 3,300,361 7.48% 0.82% 1.38% 3.18% 2.91% The City has elected to show only nine years of data for this schedule. Source: City Finance Department 92 2,842,076 2.89% Schedule 4 2009 2010 2011 $ 9,119,375 $ 8,591,893 $ 9,646,883 550,822 556,989 556,562 12,081,466 11,478,456 9,441,959 1,460,828 3,191,416 3,390,367 601,533 607,936 567,575 1,445,324 640,287 818,913 938,053 648,503 499,377 1,018,956 30,766 113,578 27,216,357 25,746,246 25,035,214 5,071,860 4,435,858 4,977,021 5,407,476 5,524,279 5,580,507 5,607,870 5,183,964 5,002,456 3,673,282 3,655,029 3,712,194 1,945,951 1,604,220 1,960,125 5,508,167 5,161,924 11,480,595 265,000 280,000 290,000 187,212 33,904 37,461 27,666,818 25,879,178 33,040,359 (450,461) (132,932) (8,005,145) 6,629,225 4,379,718 2,929,528 (7,039,825) (4,795,374) (3,535,556) (410,600) (415,656) (606,028) (861,061) (548,588) (8,611,173) 1.77% 1.35% 1.45% 93 THIS PAGE INTENTIONALLY LEFT BLANK 94 Net Assessed Value $8,000,000,000 $7,000,000,000 $6,000,000,000 $5,000,000,000 o $4,000,000,000 $3,000,000,000 $2,000,000,000 $1,000,000,000 $- ME I 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Fiscal Year Exempt values are not included in Total Net Taxable Values. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. * Prior to 2007, all SBE Nonunitary Railroad Properties were taxed at the tax rate area level. As of 2007, there was legislation passed that requires Counties to track this value for the each county in a specific tax rate area and it's distributed differently. Therefore from this year forward, Cities can no longer keep tracking how much value there is on railroad properties within each City. Source: HDL Coren & Cone and Los Angeles County Auditor/Controller-Property Tax Division. 95 Schedule 5 City of Diamond Bar Assessed and Estimated Actual Values of Taxable Property 2001/02 - 2010/11 Taxable Property Values (unaudited) Fiscal Year Real Property Less Total Taxable Total Ended Secured Unsecured Other Tax Assessed Direct June 30, Property Property Property Exemptions Value Tax Rate % Change 2001-02 $4,328,002,037 $ 71,531,889 $ 127,441 $ 41,869,703 $4,357,791,664 0.04849 5.63% 2002-03 4,662,888,926 69,981,865 122,697 44,188,829 4,688,804,659 0.05122 7.60% 2003-04 5,051,058,871 77,407,924 140,122 47,621,182 5,080,985,735 0.05134 8.36% 2004-05 5,410,300,487 76,173,121 174,846 39,831,091 5,446,817,363 0.05313 7.20% 2005-06 5,842,972,449 83,223,023 163,090 51,408,286 5,874,950,276 0.05288 7.86% 2006-07 6,359,723,846 90,751,985 134,088 28,682,577 6,421,927,342 0.05280 9,31% 2007-08 6,824,177,817 109,704,881 0 39,859,238 6,894,023,460 0.05485 7.35% 2008-09 7,151,359,322 99,170,064 0 48,909,164 7,201,620,222 0.05270 4.46% 2009-10 7,071,193,381 90,528,493 0 66,422,679 7,095,299,195 0.05274 -1.48% 2010-11 7,183,008,793 81,410,401 0 70,706,628 7,193,712,566 0.05270 1.39% Net Assessed Value $8,000,000,000 $7,000,000,000 $6,000,000,000 $5,000,000,000 o $4,000,000,000 $3,000,000,000 $2,000,000,000 $1,000,000,000 $- ME I 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 Fiscal Year Exempt values are not included in Total Net Taxable Values. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. * Prior to 2007, all SBE Nonunitary Railroad Properties were taxed at the tax rate area level. As of 2007, there was legislation passed that requires Counties to track this value for the each county in a specific tax rate area and it's distributed differently. Therefore from this year forward, Cities can no longer keep tracking how much value there is on railroad properties within each City. Source: HDL Coren & Cone and Los Angeles County Auditor/Controller-Property Tax Division. 95 City of Diamond Bar Direct and Overlapping Property Tax Rates (Rate per $100 of Assessed Value) Agency 2001/02 2002/03 2003/04 2004/05 2005/06 2006/07 2007/08 Basic Levy* 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 County Detention Facilities 1987 Debt 0.00113 0.00103 0.00099 0.00092 0.00080 0.00066 0.00000 LA County Flood Control 0.00107 0.00088 0.00046 0.00025 0.00005 0.00005 0.00000 Metropolitan Water District 0.00770 0.00670 0.00610 0.00580 0.00520 0.00470 0.00450 Mt. San Antonio College 0.00000 0.01946 0.01525 0.01473 0.02122 0.02530 0.01750 Pomona Unified School Dist 0.12202 0.12342 0.12633 0.12910 0.12488 0.12401 0.11379 Rowland Heights Unified 0.03636 0.03618 0.03780 0.03885 0.03633 0.07429 0.06944 Walnut Valley Unified School Dist 0.09163 0.10086 0.09660 0.09515 0.09140 0.08749 0.08462 Total Direct & Overlapping Tax Rates 1.2599 1.2885 1.2835 1.2848 1.2799 1.3165 1.2899 City's Share of 1 % Levy Per Prop 13" 0.05192 0.05192 0.05192 0.05192 0.05192 0.05192 0.05192 General Obiligation Debt Rate Redevelopment Rate* Total Direct Rate* 0.0485 0.0512 0.0513 0.0531 0.0529 0.0528 0.0549 * In 1978, California voters passed Proposition 13 which sets the property tax rate at a 1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of any voter approved bonds for the Pomona Unified School District or Walnut Valley Unified School Districts in Diamond Bar depending on which school district the property is located in. Overlapping rates are those of local and county governments that apply to property owners within the City. Not all overlapping rates apply to all city property owners. RDA rate is based on the largest RDA tax rate area(TRA) and includes only rate(s) from indebtedness adopted prior to 1989 per California State statute. RDA direct and overlapping rates are applied only to the incredmental property values. Total Direct Rate is the weighted average of all individual direct rates applied by the government preparing the statistical section information. EA Schedule 2008/09 2009/0 201K0/11 1.00000 1.00000 1.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00430 0.00430 0.00370 0.02333 0.02571 0.02636 0.11577 0.14546 0.17721 0.07029 0.06769 0.07538 0.11207 0.11874 0.11839 1.3267 1.3509 14010 0.05192 0.05192 0.05192 0.0527 0.0527 0.0527 97 Taxpayers Nine Years Ago Diamond Bar Business Corporation IRP Muller Associates LLC M & H Realty Partners II Martin Brattrud Properties H R Barros Family LP PGP Inland Communities Lakeview Village Corporation Shea Homes LP Arden Realty Finance III LLC Lincoln Emerald Pointe Source: HdI Coren & Cone. 2001-02 Assessed Valuation $ 22,481,017 22,056,480 19,673,993 14,681,041 13,941,356 13,169,274 12,750,172 12,064,282 10,861,701 8,728,058 Percentage of Total Net Assessed Valuation 0.520% 0.510% 0.450% 0.340% 0.320% 0.300% 0.290% 0.280% 0.250% 0.200% $ 150,407,374 3.460% .; Schedule 7 City of Diamond Bar Top 10 Property Taxpayers Current Year and Nine Years Ago 2010-11 Percentage of Total Current Taxpayers Assessed Valuation Net Assessed Valuation Country Hills Holding LLc $ 45,568,348 0.630% Diamond Bar Gateway Corp Inc 43,000,000 0.600% VIF II Hampton At Diamond Bar LLC 37,790,169 0.530% CRP 2 Holdings CC LP 32,100,000 0.450% Target Corporation 28,181,964 0.390% Muller Rock 2 Gateway 24,933,653 0.350% Behringer Harvard Western Portfolio LP 23,200,000 0.320% Gateway Corporate Center LP 17,600,000 0.240% Margaret M. Tam Trust 17,193,362 0.240% 2936 Main StAssociatiates LLC 17,061,890 0.240% $ 286,629,386 3.990% Taxpayers Nine Years Ago Diamond Bar Business Corporation IRP Muller Associates LLC M & H Realty Partners II Martin Brattrud Properties H R Barros Family LP PGP Inland Communities Lakeview Village Corporation Shea Homes LP Arden Realty Finance III LLC Lincoln Emerald Pointe Source: HdI Coren & Cone. 2001-02 Assessed Valuation $ 22,481,017 22,056,480 19,673,993 14,681,041 13,941,356 13,169,274 12,750,172 12,064,282 10,861,701 8,728,058 Percentage of Total Net Assessed Valuation 0.520% 0.510% 0.450% 0.340% 0.320% 0.300% 0.290% 0.280% 0.250% 0.200% $ 150,407,374 3.460% .; Schedule 8 Qty ofDiamond Bar Property Tax Levies and Collections Last Ten Fiscal Years (unaudited) Fiscal Year Taxes Levied Collected within the Collections in { Ended for the Fiscal Year of Levy Subsequent ' June 30 Fiscal Amount 96 Years % to Levy 2002 $ 2.280.208 $ 2.161/417 94.4296 $ 127.792 5.58% 2003 2.474.222 2.376.390 06.0596 07.831 3.9596 � 2004 � 2.699'001 2'584.106 05.7196 115'884 4.2096 2005 2.870.810 2.739.011 05.4496 130.809 4.5696 / J 2006 3'107'457 2.800.968 90.1496 306.489 9.88Y6 ' 2007 |� 3.378.087 3.116.729 92.26% 281.350 7.7496 � | 2008 3.582.055 3,260.073 91.0196 321,981 8.0996 | 2009 3.781'007 3,458.210 91.4496 323'786 8.5696 2010 3.715'310 3'424.173 92.1696 291.137 7.84Y6 � ) 2011 ` 3.753,506 3.508'401 83.4796 245.015 8.5396 | � ! ! ( >/ L] ) Source: Los Angeles County {! City Finance Department ' ( | Li 99 Schedule City ofDiamond Bar | | Ratios of Outstanding Debt by Type Last Ten Fiscal Years Note: (a) Details regarding the City's outstanding lease revenue bonds can be found in the notes to the financial state (b) Details regarding the City's population and personal income can be found in the Demographic and Economi Statistics Table. Source: City Finance Department Governmental Activities Fiscal Year Lease Other Total Toto 96of Debt Ended' Revenue. Bood.g Governmental Primary Personal Per | June3OBondu ------ ----------- Loans Activities Government Income (b) Ca ' 2002 13,755,000 13.7S5.00O U 13.755.008 13.755.000 0.9296 237 2003 13.755.000 O 13.755.088 13.755.880 0.8896 ' 234 2004 13'755.000 O 13'755.000 13'755.000 0.8496 232 | { 2005 13'655.000 U 13'655'000 13.655'000 0.79Y6 220 2008 13'520'000 O 13.520'000 13.530.000 0.7496 227 ( 2007 13'280.000 O 13.280.000 13.280'000 0.7096 223 2008 13.025.000 8 13.025.000 13.025.000 0.6896 217 2000 12.760'000 0 12.760.000 12.760.000 8.68% 212 | | 2010 12,480.000 0 12,480.000 12,480'000 0.6496 225 2011 12'190,000 0 12'190.000 12.190,000 Unavailable Unavailable � Note: (a) Details regarding the City's outstanding lease revenue bonds can be found in the notes to the financial state (b) Details regarding the City's population and personal income can be found in the Demographic and Economi Statistics Table. Source: City Finance Department Debt 0oAssessed Valuation Ratios neofJune 3O.2U11: 2010/11 Net Assessed Valuation: $ 7.193.712,566 Direct Debt 0.17% $210 201OTotal City Population: 55.7GG Overlapping Debt 1.9396 $2.487 Total Debt 2.10% $2.706 Note: (1)Percentage of direct and overlapping agency's assessed valuation located within boundaries of the city. (2) The overlapping debt is the portion of a larger agency, and is responsible for debt in areas outside the city. Source: Hd|Comn&Cone U.S.Census Bureau Schedule 10 City ofDiamond Bar Direct and Overlapping Debt June 30.2O11 (unaudited) Gross Bonded 96Applicable Net Bonded Debt Balance To Q Debt Direct Debt aoofJune 30.2U11 Diamond Bar Lease Revenue Bond $ 12.100.000 100.000 $ 12.190.000 Overlapping Debts 000fJune 3O.2Oi1 (2) 330.10 Metropolitan Water District 107.259.878 0.847 908'565 8OS.5UN1tSan Antonio Com Col Oiu2OO1Ser S-A 1.130.000 10.808 122.126 809.51 K8tSan AntomioCom Col Oin2O04Ser B 8'080.000 10.808 873.253 8US.52K8tSan /\ntomioCCD DSUGRef Bond 55.835.843 10.808 6.034.511 8OA.53[NtSan AntominCDD801.08Ser O 79.461.712 10.808 8.587.898 8O0.54N1tSan AntomioD82U81.20OOSeries D 24.602.430 10.808 2.658.930 Q15.51Pomona Unified School District 2011Ser A 45.970.000 19.856 9.127.085 S15.57Pomona Unified School District Refund Ser 1QQ7A 28.980.000 10.856 5.754.104 Q15.S2Pomona Unified School District 2000Ser A 17.115.000 10.858 3.398.310 A15.S4Pomona Unified SDRefunding 2OO1Ser /\ Debt Svc 17.670.000 10.856 3.508'510 015.GGPomona Unified SD2OO2Ser ADebt Service 7.850.000 10.856 1.558.876 015.GRPomona Unified School District 2DO2Ser 8 12'185.000 19.856 2'410.422 015.G7Pomona Unified School District 2O02Ser C 12.755.000 10.856 2.532.600 015.8DPomona Unified School District 2002Ser D 13.870.000 19.856 2.595.146 Q15.GQPomona Unified School District 2OO2Ser E 12.050.000 19.856 2.392.617 Q15.70Pomona Unified School District 2007Ref 8ds 8.728.661 19.856 1.733'140 Q1571Pomona Unified School District 2O08Series A 34.700.000 19.856 6.889.949 Q15.75Pomona Unified School District 2011(OGCBG) 4.030.000 19.856 800.180 08O.5OWalnut Valley Unified 8D2O11 27.087.385 59.726 18.715.718 Q8O.51Walnut Valley Unified SD201iRefunding Bonds 13.465.000 59J26 8.042.003 08O.55Walnut Valley Unified SDRefund Series 1QQ7A 23.247.718 59J26 13.884.909 Q8O.58Walnut Valley Unified SD2UO0Series C 255'000 50.726 152.301 Q8O.5QWalnut Valley Unified SD2O0OSeries D 13.715.243 50.728 8.191.552 0O0.S0Walnut Valley Unified GO2OOUSeries E 6.001,837 59.726 3.584.651 08U.G1Walnut Valley Unified SD2005Ref Bonds 11.420.000 59J20 6.820.698 080.H2Walnut Valley Unified SD2007(Measure S) 25.580,000 59.726 15.277.885 080.G3Walnut Valley Unified SU2O07(Measure Y) 6,950,887 59.726 4151480 Total Overlapping Debts: 020090592 138718099 Grand Total Direct and Overlapping Debt: $ 632,286,592 $ 150,906,999 Debt 0oAssessed Valuation Ratios neofJune 3O.2U11: 2010/11 Net Assessed Valuation: $ 7.193.712,566 Direct Debt 0.17% $210 201OTotal City Population: 55.7GG Overlapping Debt 1.9396 $2.487 Total Debt 2.10% $2.706 Note: (1)Percentage of direct and overlapping agency's assessed valuation located within boundaries of the city. (2) The overlapping debt is the portion of a larger agency, and is responsible for debt in areas outside the city. Source: Hd|Comn&Cone U.S.Census Bureau Fiscal Year Net assessed value Add back: Exemptions Gross assessed value Conversion percentage Adjusted assessed valuation Debt limit percentage Debt limit City Debts: Revenue bonds Legal debt margin Fiscal Year Net assessed value Add back: Exemptions Gross assessed value Conversion percentage Adjusted assessed valuation Debt limit percentage Debt limit City Debts: Revenue bonds Legal debt margin 6CR7a z *MrZil(I City of Diamond Bar Computation of Legal Debt Margin Last Ten Fiscal Years (unaudited) 2002 2003 2004 2005 2006 $4357;791,664 $4,688,804,659 $ 5,080,985,735 $ 5,446,817,363 $5;874,950,276 41,869,703 44,188,829 47,621,182 39,831,091 51,408,286 4,399,661,367 4,732,993,488 5,128,606,917 5,486,648,454 5,926,358,562 25% 25% 25% '25% 25% 1,099,915,342 1,183,248,372 1,282,151,729 1,371,662,114 1,481,589,641 15% 15% 15% 15% 15% 164,987,301 177,487,256 192,322,759 205,749,317 222,238,446 13,755,000 13,755,000 13,755, 000 13,755,000 13, 520,000 $ 151,232,301 $ 163,732,256 $ 178,567,759 $ 191,994,317 $ 208,718,446 2007 2008 2009 2010 2011 $6,421,927,342 $6,894,023,460 $ 7,201,620,222 $ 7,095,299,195 $7,193,712,566 28,682,577 39,859,238 48,909,164 66,422,679 70,706,628 6,450,609,919 6,933,882,698 7,250,529,386 7,161,721,874 7,264,419,194 25% 25% 25% 25% 25% 1,612,652,480 1,733,470,675 1,812,632,347 1,790,430,469 1,816,104,799 15% 15% 15% 15% 15% 241,897,872 260,020,601 271,894,852 268,564,570 272,415,720 13,280,000 13,025,000 12,760,000 12,480,000 12,190,000 $ 228,617,872 $ 246,995,601 $ 259,134,852 $ 256,084,570 $ 260,225,720 The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local government located within the state. Source: Section 43605 of the California Government Code Hdl Coren & Cone City Finance Department 102 Qty of Diamond Bar Demographic and Economic Statistics General Information Date ofIncorporation April 18,18U8 Form ofGovernment Council -Manager Area 14JOSquare Miles Miles n[Streets 128 Public Safety Unemployment Police Protection Los Angeles County Sheriff Department Fire Protection Los Angeles County Fire Department Water Services 2001 Service Provider Walnut Valley Water District Education� 4.00% School District Pomona Unified School District Schools 1High School, 1Middle School, &4Elementary Schools School District Walnut Valley Unified School District Schools 1High School, 2Middle Schools, &4Elementary Schools Domnoraohicand Statistical Information (Last Ten Calendar Years Sources: ° U.G.Census Bureau HdL Comen & Cone City Finance Department 103 Schedule 12 Pop 25+ pop 25+ Median High School Bachelor fge_- Degree Degree 392 93.1% 46.7% Personal Per Capita Calendar Income Personal Unemployment _FoU���on | ���� Rate_-Ye��- 2001 57.032 $ 1.408.388 $ 25.747 4.00% 2002 58.035 1.493.464 25.837 4.80Y6 2005 58.843 1.555.942 26.442 4.30% 2004 58.304 1.642.869 27.702 4.80% 2005 59.528 1.721.421 28.818 3.80% 2006 59.487 1.827.986 30.724 3.40% 2007 59.029 1.908.585 31.824 3.60% 2008 59.920 1.829.498 32.201 5.30% 2009 60.184 1.885.688 31.832 8.30% 2010 55.766 ° 1.900.418 35.154 8.10% Sources: ° U.G.Census Bureau HdL Comen & Cone City Finance Department 103 Schedule 12 Pop 25+ pop 25+ Median High School Bachelor fge_- Degree Degree 392 93.1% 46.7% Schedule 13 City ofDiamond Bar Principal Employers (unaudited) Current Fiscal Year and Nine Fiscal Years Ago Company Name South Coast Air Quality Management Walnut Valley Unified School District Allstate Insurance Co Travelers Pomona Unified School District AAA Auto Club of California Farmers Insurance Group First Team Real Estate Century 21 Diamond Realty Goodrich Sensors And |ntgrdSystems Company Name South Coast Air Quality Management Avnet Acosta Sales & Marketing Group Walnut Valley Unified School District Allstate Insurance Co Automatic Data Processing Pacific Pump &Gear Pomona Unified School District Diamond Realty Lucas Aerospace Electro Prods Number of Percent of Employees Rank Employment 798 1 2.78% 580 2 2.02% 425 3 1.4896 401 4 1.4096 204 5 0.71% 200 G 0.7096 160 7 0.5696 150 8 0.5296 120 A 0.4296 120 10 0.42% Number of % of City Employees Rank Employment 725 1 n/a 600 2 n/a 450 3 n/a 441 4 n/a 400 5 n/a 280 S n/a 255 7 n/a 168 D n/a 150 9 n/a 120 10 n/a 3,589 n/a Nota Total city employment 28JOUin2U11'provided byCalifornia Labor Market. 104 Function General government Community development Community services Public works Function General government Community development Community services Public works Schedule 14 Note: The City isocontract city and as such contracts for many of its services. This includes police services. fire services, building and safety services, engineering, road maintenance and landscape maintenance. A full-time emplyee is scheduled to work 2,080 hours per year (including vacation and sick leave). Source: City Finance Department City ofDiamond Bar Full-time and Part-time City Government Employees byFunodon/Pn/gnam Fiscal Year Ended June 3O 2002 2003 2004 2005 2006 24 24 25 25 22 4 4 5 7 8 37 38 45 74 77 4 5 8 7 7 68 71 81 ===== 113 114 Fiscal Year Ended June 3O 2007 2008 2009 -----' 2010 2011 21 24 25 21 24 8 G 7 8 8 74 69 71 75 75 8 10 10 A Q 111 109 113 113 116 Note: The City isocontract city and as such contracts for many of its services. This includes police services. fire services, building and safety services, engineering, road maintenance and landscape maintenance. A full-time emplyee is scheduled to work 2,080 hours per year (including vacation and sick leave). Source: City Finance Department Schedule 15 City of Diamond Bar Operating Indicators by Function Last Ten Fiscal Years Public works: (in fiscal year) (3) Street resurfacing (miles) 19.6 18.5 13.8 23.3 12.0 Parks and recreation:(in fiscal year)(4) Number of recreation classes(5) 1,558 1,569 1,315 2,456 2,115 Number of facility rentals 4,555 4,103 4,299 4,111 4,147 (a) Unavailable Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Dep East Regional Operation Bureau (3) City Public Works Department (4) City Community Services Department (5) Includes online classes Note: Indicators are not available for the general government function. m Fiscal Year Ended June 30, Function 2002 2003 2004 2005 2006 Police: (1) Physical arrests 571 552 481 520 558 Street Sweeping Parking Citation 7,995 6,662 6,710 6,250 5,790 Fire: (2) Number of emergency calls 2,666 2,741 2,755 2,615 2,592 Inspections (a) (a) 1,206 1,159 837 Public works: (3) Street resurfacing (miles) 19.7 18.5 5.0 18.6 16.8 Parks and recreation:(4) Number of recreation classes 947 915 1,022 1,102 1,376 Number of facility rentals 785 1,021 1,736 4,123 4,305 Fiscal Year Ended June 30, Function 2007 2008 2009 2010 2011 Police:(in fiscal year) (1) Physical arrests 582 543 591 700 647 Street Sweeping Parking Citation 5,684 5,200 5,103 5,110 4,137 Fire: (in fiscal year) (2) Number of emergency calls 2,612 2,595 2,561 2,654 2,594 Inspections 1,114 1,085 1,100 979 1,202 Public works: (in fiscal year) (3) Street resurfacing (miles) 19.6 18.5 13.8 23.3 12.0 Parks and recreation:(in fiscal year)(4) Number of recreation classes(5) 1,558 1,569 1,315 2,456 2,115 Number of facility rentals 4,555 4,103 4,299 4,111 4,147 (a) Unavailable Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Dep East Regional Operation Bureau (3) City Public Works Department (4) City Community Services Department (5) Includes online classes Note: Indicators are not available for the general government function. m 107 Schedule 16 City of Diamond Bar Capital Asset Statistics by Function Last Ten Fiscal Years Fiscal Year Ended June 30, Function 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Public safety (1) Police: Station 1 1 1 1 1 1 1 1 1 1 (-: Patrol units (all shifts combined) 20 j 20 20 20 19 19 18 18 18 18 Fire stations (2) 3 3 3 3 3 3 3 3 3 3 Highways and streets (3) Streets (miles) 128 128 128 128 128 128 128 128 129.4 129.4 Streetlights (a) (a) (a) (a) (a) 233 233 233 294 294 Traffic signals (a) (a) (a) (a) (a) 74 74 74 76 76 Culture and recreation:(4) Parks acreage (developed) 62.7 62.7 62.7 62.7 62.7 62.7 62.7 62.7 62.7 63.6 Parks acreage (undeveloped) 439.0 439.0 439.0 439.0 439.0 439.0 439.0 439.4 439.4 440.3 Parks 11 11 11 11 11 11 11 12 12 13 Public Tennis courts 8 8 8 8 8 8 8 8 8 8 Community centers 3 3 3 3 3 3 3 3 3 3 Golf Course:(5) County golf courses 1 1 1 1 1 1 1 1 1 1 f Sewer (3) Sanitary sewers (miles) (a) (a) (a) (a) (a) 157 157 157 158.4 158.4 (a) The City fully implemented the new reporting model of the Infrastructure Valuation and Asset Management System in accordance with GASB 34 in FY2007. Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Department, Division VIII Office (3) City Public Works Department (4) City Community Services Department (5)LA County Golf Course Note: The City is a contract city and as such contracts for many of its services. This includes police services, fire services, building and safety services, engineering, road maintenance and landscape maintenance. No capital asset indicators are available for the general government function. 107 THIS PAGE INTENTIONALLY LEFT BLANK W: Agenda # 65 Meeting Date: January 17, 2012 WIN, TO: Honorable Mayor and Members of the City Council FROM: Michael Jenkins, City Attorney VIA: James DeStefano, City Manag TITLE: Determination Whether the City Coucil Elect to Become the Successor Agency to the Diamond Bar Redevelopment Agency and Adoption of Resolution No. 2012 -XX Making an Election to Serve as a Successor Agency Under Part 1.85 of Division 24 of the California Health and Safety Code. [ sq, *0101 ITI liTil [0 011 1[Q0 0 Staff recommends that the City Council adopt Resolution No. [xxx] electing to serve as a successor agency 1:00,061 121,01 ISIT6111 Z I 71 This report addresses the outcome of the California Supreme Court's decision in California Redevelopment Association v. Matosantos (Case No. S194861), the litigation challenging AB 1X 26 and AB 1X 27. AB 1X 26 provides for the windup and dissolution of all redevelopment agencies and transfer of agency assets to successor agencies. AB 1X 27 provides an opt out provision for cities and agencies, which permits a redevelopment agency to continue to exist if the city or agency makes remittance payments to the State. The Court largely upheld AB 1X 26 and invalidated AB 1X 27 in its entirety as unconstitutional. The Court further held that AB 1X 26 may be severed from AB 1X 27 and enforced independently. As a result of the decision, all redevelopment agencies shall cease to exist on February 1, 2012 and all authority, power and obligations previously - vested in a redevelopment agency must be transferred to a successor agency prior to that date. Cities do not have the option of making remittance payments to enable the continued operation of redevelopment agencies. Accordingly, a successor agency will be designated for each dissolved redevelopment agency and charged with administrating the wind -down of the dissolved redevelopment agency. If the City chooses not to become the successor agency and no other public entity passes a resolution to become the successor agency prior to February 1, 2012, a "designated local authority" would be formed to conduct the affairs of the former agency, which would be comprised of three residents of the relevant county appointed by the Governor to serve as its governing board. The attached resolution designates the City to serve as the successor agency for the Diamond Bar Redevelopment Agency ("Agency"). DISCUSSION: Pursuant to the Court's decision, the Agency will dissolve on February 1, 2012. The authority, power and obligations previously vested in the Agency must be transferred to a successor agency prior to February 1, 2012. The obligations and rights of the City (or designated local authority) as a successor agency would be limited to continuing to make payments required under the Diamond Bar Public Financing Authority ("DBPFA"), which was established by a joint powers agreement ("JPA") between the City and Agency. No new contractual obligations or financial commitments could be made on behalf of the Agency. The City may elect to become the successor agency by passing a resolution stating such intention. If it chooses not to become the successor agency and no other public entity passes a resolution to become the successor agency, a "designated local authority" would be formed to conduct the affairs of the former agency, which would be comprised of three residents of the relevant county appointed by the Governor to serve as its governing board. The liability of the entity that becomes the successor agency is limited to the total sum of property tax revenues it receives pursuant to AB 1X 26 and the value of assets transferred to it as the successor agency, which appears will be zero, as the Agency receives no tax increment and has no independent assets. Each successor agency is overseen by an oversight board comprised of seven members, consisting of one member appointed by each of the following: (1) the county board of supervisors; (2) the Mayor; (3) the largest special district with territory within the jurisdiction of the Agency; (4) the county superintendent of education; (5) the Chancellor of the California Community Colleges; (6) one member of the public appointed by the county board of supervisors, and (7) one member of the employee organization representing the largest number of Agency employees, appointed by the Mayor. The successor agency is usually required to submit a report to the oversight board listing the debt commitment of the Agency and its plan to resolve and wrap up Agency obligations; however, because the Agency currently has no debt commitment or enforceable obligations, it is not required to submit such a report. The successor agency must submit an administrative budget to be approved by the oversight board detailing any administrative costs involved in conducting its obligations under the DBPFA. Any action taken by the City as the successor agency would not impact the contractual terms and obligations of the JPA. The City's actions as a successor agency would be limited to continuing to make payments required under the DBPFA. Therefore, while the JPA would continue to exist after the dissolution of the Agency, state law would prohibit the City from expanding the JPA or imposing additional contractual obligations under the JPA. While most cities that elect to become successor agencies are required to submit a Recognized Obligation Payment Schedule ("ROPS") to the oversight board and County Auditor -Controller, because the Agency has no enforceable obligations or debt, the City is not obligated to submit a BOPS. The draft Resolution attached to this report finds that the Agency has no enforceable obligations and that the City is submitting the Resolution in lieu of an empty BOPS. FISCAL IMPACT: None. 1. Determine that the City will elect to serve as a successor agency under Part 1.85 of Division 24 of the California Health and Safety Code. 2. Determine that the City will elect not to serve as a successor agency under Part 1.85 of Division 24 of the California Health and Safety Code. ENVIRONMENTAL IMPACT: This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by 14 California Code of Regulations Section 15378. Specifically, this Resolution constitutes creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Cal. Code Regs. Title 14 § 15378(b)(4). In addition, this Resolution is an organizational or administrative activity that will not result in a director indirect physical change in the environment. Cal. Code Regs. Title 14 § 15378(b)(5). Further, even if this Resolution was deemed a "project" and therefore subject to CEQA, the Resolution would be exempt as it can be seen with certainty that there is no, possibility that the activity in question may have a significant effect on the environment. Cal. Code Regs. Title 14 § 15061(b)(3). Attachments: Draft Resolution 2012 -XX RESOLUTION NO. 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING AN ELECTION TO SERVE AS A SUCCESSOR AGENCY UNDER PART 1.86 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE. A. WHEREAS, the Diamond Bar Redevelopment Agency ("Agency") is a redevelopment agency in the City of Diamond Bar ("City"), created by the City on July 15, 1997 pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the California Health and Safety Code, commencing with Section 33000); B. WHEREAS, on April 27, 2000, in Beach Courchesne v. City of Diamond Bar, the California Court of Appeals invalidated the Agency's sole project area; C. WHEREAS, the Agency currently receives no tax increment or other revenue from the State or local property taxes; D. WHEREAS, on June 29, 2011, the California Legislature enacted and the Governor signed, companion bills AB 1X 26 and AB 1X 27 requiring that each redevelopment agency within California be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; E. WHEREAS, on September 20, 2011, the City Council adopted Ordinance 5 (2011), opting to comply with the alternative voluntary redevelopment program established pursuant to AB 1X 27 to permit the continued existence and operation of the Agency; F. WHEREAS, in response to a lawsuit filed by the California Redevelopment Association and League of California Cities challenging AB 1X 26 and AB 1X 27, on December 29, 2011, the California Supreme Court issued its opinion in California Redevelopment Association v. Matosantos (Case No. S194861) largely upholding AB 1X 26, invalidating AB 1X 27 as unconstitutional, and holding that AB 1 X 26 may be severed from AB 1 X 27 and enforced independently; G. WHEREAS, pursuant to the Court's decision in Matosantos and Ordinance 5 (2011), because the Court invalidated AB 1X 27, Ordinance 5 (2011) is deemed null and void and of no further force or effect; H. WHEREAS, the Matosantos decision provides that all redevelopment agencies shall cease to exist on February 1, 2012 and all authority, power and obligations previously vested in a redevelopment agency must be transferred to a "successor agency" prior to that date; I. WHEREAS, the City Council desires to adopt this resolution electing for the City to serve as the successor agency to the Agency under Part 1.85. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34173. Section 3. The City Council hereby elects for the City to serve as a successor agency under Part 1.85 of Division 24 of the Health and Safety Code. Section 4. The City Manager is hereby authorized and directed to take any action and execute any documents necessary to implement this Resolution, including filing a certified copy of this Resolution with the Los Angeles County Auditor -Controller ("County Auditor -Controller"). Section 5. Because the Agency has no outstanding debt or enforceable obligations, as defined by Health and Safety Code Section 34171(d), the City is not required to submit a Recognized Obligation Payment Schedule ("ROPS") to the oversight board and the County Auditor -Controller. The filing of this Resolution with the oversight board and County Auditor -Controller is intended to comply with the City's obligations under Part 1.85 in lieu of submitting a ROPS. Section 6. This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by 14 California Code of Regulations Section 15378. Specifically, this Resolution constitutes creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Cal. Code Regs. Title 14 § 15378(b)(4). In addition, this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. Cal. Code Regs. Title 14 § 16378(b)(5). Further, even if this Resolution was deemed a "project" and therefore subject to CEQA, the Resolution would be exempt as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Cal. Code Regs. Title 14 § 15061(b)(3). PASSED, APPROVED, AND ADOPTED this day of 2012. Ling -Ling Chang, Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was Passed, Approved and Adopted by the City Council of the City of Diamond Bar held on the day of 1 2012 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 7. 1 Meeting Date: January.17, 2011 AGENDA REPORT TO: Honorable Mayor and Members of the City Council I VIA: James DeStefano, City Man g TITLE: Tentative Parcel Map No. 71643 nd Parking Permit (Planning Case No. PI -2011-260) PROPERTY OWNER: Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210 APPLICANT: Joseph C. Truxaw and Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 92868 PROJECT LOCATION: 300-324 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Numbers 8281-010-057 and 058) 14FI-Irlykir-11 Diamond Bar Shopping Center is an existing, 4.4 -acre center located at the intersection of Diamond Bar Blvd. and Golden Springs Drive. The center is currently anchored by a 51,000 square -foot CVS pharmacy and Chase bank. The applicant is requesting approval of a Tentative Parcel Map to subdivide the center into three separate parcels, and a Parking Permit to share driveway access and parking between the newly created properties. No new construction will take place, and there will be no physical changes to the building or property. RECOMMENDATION: Approve the project, subject to conditions. T. • Diamond Bar Shopping Center was built under Los Angeles County standards in 1970. The center consists of 62,399 gross floor area, is anchored by a CVS pharmacy and Chase bank, and includes three inline shops consisting of a restaurant, dry cleaner, and mail services. The Vons shopping center is under separate ownership from the project site, and is not part of this proposed subdivision map. Site and Surrounding General Plan, Zoning and Land Uses Commercial Shopping General Commercial C-2 Pharmacy, Center Consisting of PhBank and Retail SiteEI( Uses Shopping Center Consisting North General Commercial C-3 of Retail and Drive-Thru Fast Food Restaurant South [Ge:ne:r:al Commercial C-3 Service Station Medium High - Medical Office Building, East Density and Low C-1, C-2, and RL Single and Multi -Family Density Residential Residential Shopping Center Consisting West General Commercial C-2 and C-3 of Retail, Office and Restaurant Uses Planning Commission Review On December 13, 2011, the Planning Commission reviewed and unanimously recommended that the City Council approve the Tentative Parcel Map and a Parking Permit. There were no issues or objections raised by the public. TPM and PP PL No. 2011-260 Page 2 Site Aerial View From Within the Shopping Center TPM and PP PL No. 2011-260 Page 3 Project Description The applicant proposes to subdivide the CVS/Chase-anchored shopping center into three separate parcels to allow each parcel to be sold off and separately owned. No new construction will take place, and therewillbe no physical changes to the building or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties. The proposed subdivision will result in three separate parcels as listed below: Proposed Tentative Parcel Map The center currently has 242 parking spaces on-site and has an existing agreement with the Vons shopping center to share additional parking and all driveways and access. Prior to recording the final map, this agreement would need to be amended to ensure that reciprocal access and parking rights and privileges are also retained among the newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft Resolution (Attachment 1). TPM and PP PL No. 2011-260 Page 4 The center also has an existing maintenance agreement with the Vons shopping center. This agreement would also need to be amended prior to final map recordation. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires two land use entitlements: a Tentative Parcel Map, and a Parking Permit. The Tentative Parcel Map for the subdivision of land requires City Council approval. The Parking Permit to share parking and driveway access required Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. The Planning Commission, therefore, played strictly an advisory role in the review of these applications. In order to approve the proposed Tentative Parcel Map and Parking Permit, the City must first determine that these requests are in compliance with the City's General Plan policies, development standards, and the Subdivision Map Act, and that adverse effects, if any, of the proposed project upon the surrounding properties and the City in general are minimized. 1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act and Title 21.03.020 of the City's Subdivision Code, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. The existing shopping center is proposed to be subdivided into three separate parcels. These properties will be governed by a property owners association/property maintenance agreement. There are 242 parking spaces on-site to share within the existing CVS/Chase center. The existing buildings meet all required setbacks and development code regulations. The creation of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A copy of the draft property maintenance agreement that govern the three proposed parcels is included as Attachment 5, and will be subject to review and approval by the City Attorney prior final map approval. See Condition of Approval No. 2 under Tentative Parcel Map of the Draft Resolution (Attachment 1). 2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized shopping center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The TPM and PP PL No. 2011-260 Page 5 amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses sharing the parking. Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. The existing gross floor area of the center is 62,399 square feet, and therefore, requires 208 parking spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces. Parking Requirement CVS Pharmacy 51,022 1/300 sq. ft ,. 170 211 Inline Retail Shop Building 5,492 1/300 sq. ft. 18 13 Chase Bank 5,885 1/300 sq. ft. 20 18 Total 62,399 208 242 The applicant submitted a draft reciprocal parking and access agreement for the proposed three parcels for the use and access of all common roads, driveways, parking, and easement areas and is included in Attachment 4. This agreement will be reviewed and approved by the Planning Division and City Attorney's Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1). Compatibility with Neighborhood There are single-family homes that abut the shopping center parking lot to the east and multi -family condominiums to the east of the buildings. Torito Lane separates the multi- family condominiums from the shopping center. All existing buildings and uses within. the shopping center will remain and no new construction will take place. Additional Review The Public Works/Engineering Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on January 6, 2012, and the notice was published in the Inland Valley Dail Tribune and San Gabriel Valley Tribune newspapers on January 6, 2012. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. TPM and PP PL No. 2011-260 Page 6 Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA .pursuant to the provisions of Article 19 Section 15301 (k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore no further environmental review is required. Staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve the Tentative Parcel Map and Parking Permit for Project No. PL2011-260, to subdivide an existing commercial shopping center into three separate parcels and share parking and access, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Le- 67 Senior Planner Reviewed by: David Doyle Assistant City Manager Attachments: Reviewed by: Greg Gub6l'a—n, AICP Community Development Director 1. Draft Resolution No. 2012 -XX and Conditions of Approval 2. Planning Commission Staff Report and Minutes dated December 13, 2011 3. Planning Commission Resolution No. 2011-28 4. Draft Reciprocal Parking and Access Agreement 5. Draft Property Maintenance Agreement TPM and PP PL No. 2011-260 Page 7 Attachment 1 CITY COUNCIL RESOLUTION NO. 2012 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 71362 AND PARKING PERMIT NO. PL2011-260 TO SUBDIVIDE A 4.4 -ACRE EXISTING SHOPPING CENTER INTO THREE SEPARATE PARCELS AND A PARKING PERMIT TO SHARE DRIVEWAY ACCESS AND PARKING BETWEEN THE THREE PROPERTIES LOCATED AT 300-324 S. DIAMOND BAR BLVD., DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NOS. 8281-010-057 AND 058). A. RECITALS Property owner, Black Equities Group, Ltd., and applicant, Joseph C. Truxaw and Associates, have filed an application for Tentative Parcel Map No. 71362 to subdivide a 4.4 -acre existing shopping center into three separate parcels and Parking Permit No. PL 2011-260 to share driveway access and parking between the existing properties located at 300-324 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California ("Project Site"). The Project Site is depicted in Exhibit 1. 2. The Project Site is currently comprised of two parcels totaling 4.4 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. On December 13, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the Project, subject to conditions. 4. On January 6, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On January 17, 2012, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 6. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1 The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The City Council hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080 and 22.30.050, this City Council hereby makes the following findings: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council makes the following findings: 1 The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the subdivision of an existing 4.4 -acre shopping center into three separate parcels. The newly subdivided parcels will share driveway access and parking. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development: The property is already improved with existing buildings. No new construction will take place, and there will be no physical changes to the building and property. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction will take place, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. No new 2 City Council Resolution No. 2012 -XX construction will take place, and there will be no physical changes to the building and property. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The site has existing utility easements within the project site. In addition, a condition is added to the project requiring a reciprocal parking and access agreement with the newly created parcels for the use and access of all common roads, driveways, parking, and easement areas, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings. No new construction or grading will take place, and there will be no physical changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. The existing buildings meet all required setbacks and development code regulations. Parking Permit Findings (DBMC Section 22.30.050) 1 The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved: Shopping centers over 50,000 square feet in size are required to provide I parking space for every 300 square feet of gross floor area. The existing gross floor area of the center is 62,399 square feet, and therefore, requires 208 parking spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses): 3 City Council Resolution No. 2012 -XX When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from bank, fast-food restaurant, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. Due to this, staff does not foresee any parking issues resulting from the proposed use. In addition, the existing parking supply is adequate with a surplus of spaces. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080 and 22.30.050, this City Council hereby finds and approves the Tentative Parcel Map and Parking Permit, subject to the following conditions, and the attached Standard Conditions of Approval: 1 The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Division Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 3. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. 71362 and Parking Permit No. PL2011-260, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees. 4. The Parking Permit is approved subject to the Tentative Parcel Map conditions of approval. 1 1:4 011 V.111 I LVA a 1 The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan. 2. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R's)/Property Maintenance Agreement that governs the three parcels shall be reviewed and approved by the City Attorney. 3. The existing property maintenance agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the City Attorney prior to final map approval, etc. 4 City Council Resolution No. 2012 -XX 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 5. The approval of the Tentative Parcel Map No. 71362 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval. 6. Prior to final map approval, a reciprocal access and parking agreement for the use and access of all common roads, driveways, parking, and easement areas shall be reviewed and approved by the Community Development Director and/or City Attorney. 7. The existing reciprocal access and parking agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the Community Development Director and/or City Attorney prior to final map approval. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210 and Joseph C. Truxaw and Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 92868. APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY 2012, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. I 0-ya Ling -Ling Chang, Mayor 1, Tommye Cribbins, City -Clerk of the City of Diamond Bar, do hereby certify that, the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 17" day of January 2012,. by the following vote: 5 City Council Resolution No. 2012 -XX AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar City Council Resolution No. 2012 -XX L PROJECT #: Tentative Parcel Map No. 71362 and Parking Permit No. PL 2011-260 SUBJECT: A Tentative Parcel Map to subdivide an existing 4.4 -acre existing shopping center into three separate parcels and Parking Permit 'to share driveway access and parking between the three properties. PROPERTY Black Equities Group, Ltd., 433 N. Camden Drive, Suite OWNER(S): 1070, Beverly Hills, CA 90210 APPLICANT: Joseph C. Truxaw Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 92868 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: W III ZA L #11 kh I :I In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Tentative Parcel Map and Parking Permit No. PL 2011- 260 011-260 broughtwithin the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable 7 City Council Resolution No. 2012 -XX attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map and Parking Permit No. PL 2011-260 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of City Council Resolution No. 2011 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to final map approval. 8 City Council Resolution No. 2012 -XX 2. Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1 The approval of Tentative Parcel Map and Parking Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBIVIC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing for a one year time extension subject to DBIVIC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SOLID WASTE 1 The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of PM 71643 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 9 City Council Resolution No. 2012 -XX The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. r-11000reTaNAM 1 A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 4. Prior to final map approval all site public improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public improvements. 5. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 6. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 7. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 8. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 9. After the final map records, applicant' shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 10. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 10 City Council Resolution No. 2012 -XX 11. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 12. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 1. The. Joint Access and Reciprocal Parking Agreement shall include provisions for all parcel owners to accept cross lot drainage as identified on the final map with drainage easements. C. STREET IMPROVEMENT I The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Street improvement plans for the reconstruction of driveway approaches in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. D. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map. E. SEWERS 1 Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the Joint Access and Reciprocal Parking Agreement. Sewer easements crossing the lot lines shall also be idehtified on the final parcel map similar to Cross Lot Drainage easements. F. TRAFFIC MITIGATIONS 1 Prior to final map approval, a registered traffic engineer shall analyze the 11 City Council Resolution No. 2012 -XX turning movements for ingress and egress out of the northerly driveway approach for Parcel 3 along Golden Springs Drive to determine if turning restrictions shall be imposed or if mitigations are required. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The declaration or other form of legal architectural plan as part of the required walls and unrated openings must remail through Building and Safety. AM 12 agreement is required to incorporate the recorded document. All existing fire rated i in-place per CBC 705.8 unless approved City Council Resolution No. 2012 -XX Attachment 2 P . LANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NO. CASE/FILE NUMBER: 7.2 December 13, 2011 Tentative Parcel Map No. 71643 and Parking Permit (Planning Case No. PL2011-260) 300-324 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Nos. 828.1-010-057 and 058). PROPERTY OWNER: Black Equities Group, Ltd. 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210 APPLICANT: Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 111 Orange, CA 92868 Summar Diamond Bar Shopping Center is an existing, 4.4 -acre center located at the intersection of Diamond Bar Blvd. and Golden Springs Drive. The center is currently anchored by a 51,000 square -foot CVS pharmacy and Chase bank. The applicant is requesting approval of a Tentative Parcel Map to subdivide the center into three separate parcels, and a Parking Permit to share driveway access and parking between the newly created properties. No new construction will take place, and there will be no physical changes to the building or property. After evaluating the project application and related. submittals, staff finds that the proposed project complies with the City's development standards and the Subdivision Map Acta Therefore, staff recommends that the Planning Commission forward a recommendation to the City Council to approve the proposed Tentative Parcel Map and Parking Permit, based on the findings of fact, and subject to the conditions of approval,. contained in the attached Resolution. • The project site is a 4.4 -acre existing shopping center located at Diamond Bar Boulevard on the east side of Golden Springs Drive. The shopping center was built under Los Angeles County standards in 1970. The center consists of 62,399 gross floor area, is anchored by a CVS pharmacy and Chase bank, and includes three inline shops consisting of a restaurant, dry cleaner, and mail services. The Vons shopping center is under separate ownership from the project site, and is not part of this proposed subdivision map. Site and Surroundinq General Plan, Zoning and Land Uses Page 2 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/2011.docx Site Aerial View From Within the Shopping Center Page 3 of 7 CD: Staff Reports PC/Diamond Bar Blvd,, 300-324 PC Staff Report 12/13/201 I.docx Proiect Description ..The applicant proposes to subdivide the CVS/Chase-anchored shopping center into _ three separate parcels to allow each parcel to be sold off and separately owned.. No new construction will take place, and there will be no physical changes to the building or property. The applicant is also requesting a parking permit to share driveway access and parking between the newly created properties. The proposed subdivision will result in three separate parcels as listed below: ' o• o - e ' • • IN J1. a e M__ o a Parcel 1 CVS Pharmacy 51,022 sq. ft. 145,570 sq. ft. Parcel 2 Inline Shops 5,492 sq. ft. 16,898 sq. ft: Parcel 3 Chase Bank 5,885 sq. ft. 30,931 sq. ft. 193;399 sq. ft. Existing Lot (4.4 acres) Proposed Tentative Parcel Map The center currently has 242 parking spaces on-site and has an existing agreement with the.Vons shopping center to share additional parking and all driveways and access. Prior to. recording the final map, this agreement would need to be amended to ensure that ' reciprocal access and. parking rights and privileges are also retained among the Page 4 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/2011.docx newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Map of the Draft' Resolution (Attachment 1). The center also has an existing maintenance agreement with the Vons shopping center. This agreement would likewise need to be amended prior to final map recordation. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.080 and 22.30.050) The proposed project requires two entitlement applications for review. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval. Section 22.48.030 of the Development Code requiresall applications to be processed, simultaneously by the highest review authority. Therefore, the Planning Commission's role in this matter is to forward a recommendation to the City Council for two entitlements described below: 1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. The existing shopping center is proposed to be subdivided into three separate parcels. These properties will be governed by ' a property owners, association/property maintenance agreement. There are 242 parking spaces on-site to share within the r existing CVS/Chase center. The existing buildings meet all required setbacks and development code regulations. The creation..of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A copy of the draft property maintenance agreement to govern the three proposed parcels is included as Attachment 3, and will be subject to review and approval by the City Attorney prior to final map approval. See. Condition of Approval No. 2 under Tentative Parcel Map of the Draft Resolution (Attachment 1). 2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized shopping center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct, pedestrian path).. The amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses sharing the parking: Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. The existing gross floor area of Page 5 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/1.3/2011.docx the center is 62,399 square feet, and therefore, requires 208 parking spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces: Parking Requirement The applicant submitted a draft reciprocal parking and access agreement governing the proposed three parcels for the use and access of all common roads, driveways, parking, and easement areas and is included as Attachment 2. This agreement will be reviewed and approved by the Planning Division and City Attorney's Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1). Compatibility with Neighborhood There are single-family homes that abut the shopping center parking lot to the east and multi -family condominiums to the east of the buildings. Torito Lane separates the multi- family condominiums from the shopping center. All existing buildings and uses within the shopping center will remain and no new construction will take place. Additional Review The Public Works/Engineering Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on December 2, 2011, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on December 2, 2011. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. i Page 6 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/2011.docx Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City, has determined the project to be Categorically Exempt from. the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending approval of the Tentative Parcel Map and Parking Permit for Project No. PL2011-260, to subdivide an existing commercial shoppingcenter into. three separate parcels and share driveway access and, parking, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: f Gra S. Lee Greg Gubman, AICP Senior Planner Community Development Director Attachments: 1. Draft PC Resolution and Conditions of Approval 2. Draft Reciprocal Parking and Access Agreement 3. Draft Property Maintenance Agreement Page 7 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/2011.docx MINUTES OF THE CITY OF DIAMONE) BAR REGULAR MEETING OF THE PLANNING CIOMMISSION DECEMBER 13, 2011 [e 1-1 A a fox$] N Be 1: 4 Chairman Shah called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: CDD/Gubman led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Steve IsJelson, Tony Torng, Vice Chairman Kwang Ho Lee, Chairman Jack Shah Absent: Commissioner Jimmy Lin -was excused. Also present: Greg Gubman, Commuinity Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; David Alvarez, Assistant Planner, and Stella Marquez, Senlior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 25, 2011. C/Torng moved, C/Nelson seconded, to approve the Minutes of the Regular Meeting of October 25, 2011, as sut)mifted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: 5. OLD BUSINESS: None Nel,,3on, Torng, VC/Lee, Chatir/Shah None Lin DECEMBER 13, 2011 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 Review of Possible Sale and Disposal of Surplus City Property located at the Southeasterly Corner of Diamond Bar Boulevard and Brea Canyon Road for conformance with the City's General Plan. CDD/Gubman presented staff's report and recommended that the Planning Commission adopt a Resolution finding the possible disposal of the approximately 0.97 -acre vacant parcel located on the southeasterly corner of Diamond Bar Boulevard and Brea Canyon Road to be in conformance with the City's General Plan. C/Torng asked if this property sale should be bundled with the school district's sale of Site D, which would help the City from a traffic and transportation standpoint. CDD/Gubman responded that that is the objective because the school district owns its piece of property and the City owns its small strip of property so the City has to go through procedural steps in order to dispose of each respective parcel of land. When these procedural steps are completed, both properties will be bundled and sold as one package. C/Nelson asked if the sale of the property was conditioned on a particular development of the site that combines both properties and CDD/Gubman responded yes, that it would be required even if the developer chooses to not build any homes or do any type of development other than landscape improvements but build all of the houses on the school district property and will be obligated to construct the intersection improvements on the City's piece of land. C/Nelson said he was asking if there was a particular development plan for the bigger parcel with which the City's property would be combined and if the sale of the properties was contingent upon the City approving that particular plan. CDD/Gubman responded that the City Council is scheduled to approve the Specific Plan that will set forth criteria for a future developer. When the property is sold, among the obligations for that developer to submit their actual project plans will be to complete the intersection improvements. C/Nelson said his question was as follows: Lewis Companies wanted to put multi -tenant family housing. The City wanted to have commercial. How is that intent involved in the purchase and sales agreements? CDD/Gubman responded that there was an initial effort on the City's part to have a commercial component developed on the site and through the public hearing process, the City Council made the decision that there- would be no commercial DECEMBER 13, 2011 PAGE 3 PLANNING COMMISSION development on the property so commercial development has been eliminated altogether. The official direction of the City Council is that the Site D Specific Plan be 100 percent residential with other amenities including a park which has been prescribed. The particulars of how the project will be designed will be forthcoming but the project will be 100 percent residential. VC/Lee asked if the City bought this property from Walnut Valley Unified School District (WVUSD) and CDD/Gubman responded no, the property was purchased from a private property owner for $950,000. VC/Lee asked who initiated the plan to sell this property after owning it for a short period of time and effort and wanted to know why a map of the property was not included. CDD/Gubman explained that the intent has always been to sell this property. The City acquired the property to enhance the development potential for the school district property. One of the important goals for acquiring this property was to widen the intersection to make traffic flow better and the other reason was to provide driveway access into a future shopping center but that is no longer part of the project. The main purpose for this piece of land is to provide the intersection improvement. The City -owned parcel is about 4.6 percent of the entire Site D acreage so when all of Site D sells, the City will receive 4.6 percent of the sale price back. So if the property sells for $20 million, for example, the City would receive a little under $1 million which is about the same amount the City originally paid for the property. By having this property to offer along with the sale of the Site D property, it will add value to the City at large. VC/Lee asked when the property would sell and CDD/Gubman responded that the school district would like to put the Site D property up for public bids about mid February 2012. VC/Lee said he did not understand because the City's money purchased this property. There is another entity involved and later on when that entity sells the property, the City will get its money back but the City does not know for sure when it will be sold. ACA/Wohlenberg explained that the Site D Specific Plan anticipates the use of the entirety of Site D, a portion of which is owned by the City and as a single project, the developer would purchase the land as a whole — a portion from the school district and a portion of the City's property, both at the same time, take title at the same time and develop the entire parcel as a single development. The City Council voted to acquire the property and voted to spend the money to participate in the development of the site and the next step is for the City Council to approve the sale of this parcel to whomever the DECEMBER 13, 2011 PAGE 4 PLANNING COMMISSION developer might be. What the Planning Commission is doing tonight is one step in the City Council's approval, and the Government Code requires that the Planning Agency (Planning Commission) make the finding that the disposal of the property would be in conformance with the City's General Plan which is what the resolution addresses. The Council has jurisdiction over the process and tonight's action is part of the required process for the City Council to move the process forward. Chair/Shah asked if the City would participate in the negotiations for the sale of the property, and if the City decided to not sell its portion, would it have a choice, or would it be legally bound to sell the City's parcel along with the school district's parcel. CDD/Gubman responded that the school district received an appraisal for the entire site and when it goes out to bid the minimum bid price will be set at the appraised amount. Because the appraised amount is in excess of $20 million, the City will not lose any of its initial investment so the intent is to sell both pieces as one package and the City would then draw its proceeds in accordance with the Memorandum of Understanding (MOU) that the City previously entered into with the school district which states that 4.6 percent of the entire proceeds would come back to the City and be placed in the City's General Fund. C/Nelson asked how the 4.6 percent relates to the amount for which the City purchased the parcel. CDD/Gubman reiterated that it does not relate to what the City paid for the parcel. The City paid $950,000 and expects to recoup at least that much through the sale of the property. C/Nelson stated that the City expects zero profit. CDD/Gubman said he does not know whether the City will profit. CDD/Gubman said the property was purchased at the height of the market and if the property is disposed of at this time and the City breaks even, it will regain its initial investment. C/Nelson further stated that it was not a wise investment. CDD/Gubman stated that the purchase was based on the fact that the development would be a mixed-use project which did not happen. VC/Lee said he heard the estimated purchase price was $30 million and asked if the $20 million was a threshold, guarantee or a guideline. CDD/Gubman reiterated that the minimum bid price is the appraised value. If n6 bids are received that are at least the minimum bid amount, the City and school district would not be compelled to sell the property. ACA/Wohlenberg explained to VC/Lee that when the City sells property or disposes of property that it owns, the rule it is concerned about is that the DECEMBER 13, 2011 PAGE 5 PLANNING COMMISSION sale or transfer not be considered a "gift" of public funds. A gift of public funds occurs where there is a transfer of some value where the City does not receive back some sort of benefit whether it be a public benefit or financial benefit and there has to be some proportional benefit to what the City receives back in order to have it not be considered an illegal gift of public funds. The "gift funds restriction" is part of the California Constitution to keep government agencies from handing out money to friends and benefactors. When determining what the price might be on a parcel, when selling or acquiring property, the City has the property appraised so that the City knows what the market price of the property is and if it is within a reasonable range of what the market price is, the transaction would not be considered a gift of public funds at point of sale or purchase. When this sale moves forward, it will be based on the appraisal of the property and the school district will seek bids and determine what developers might want to purchase and whether they will construct the property according to the approved plans. Someone could purchase the property and obtain a different set of approvals processed but there is value to having entitlements in place. In short, the City is concerned about the "gift of public funds" and uses an appraisal to help establish what the market price is to avoid the gift of public funds. If the bids are significantly under the appraised price, there is no obligation on the school district or City's part to accept that bid because in addition to perhaps being an unwise decision, it may also implicate the public funds ban. Whenever the bids go out, the minimum bid the school district and City are seeking would be the appraised value. Someone might pay more but the school district and City are not bound to accept less. So the City may end up not disposing of this property if the bids come in significantly low. If the bids come in equal to or higher than the appraised value it will likely be sold but that is ultimately the City Council's decision and the City Council could also decide, within the scope of the MOU with the school district, carry out the sale at a different time. C/Nelson asked when the appraisal was done and CDD/Gubman responded that it was done within the last month. There was no one present who wished to speak on this matter. C/Nelson asked what depreciation there has been in the value of the property since the City purchased it and CDD/Gubman responded about a 30 percent decrease in value so the recovery of the initial investment is thankfully tied to the overall value of 4.6 percent of the overall site. DECEMBER 13, 2011 PAGE 6 PLANNING COMMISSION C/Nelson asked the downside of not selling the property at this time and instead waiting five or 10 years. How critical are the revenues from the sale of this property to the City's operations? CDD/Gubman responded that is more a matter of the property being tied to the Specific Plan project boundary so the sale of that property has been through the Specific Plan and environmental documents as well as, the MOU between the City and the school district which contains language that expressly states the property would be sold as a single unit. CDD/Gubman responded to C/Nelson that as he recalls, it does not contain language that the sale must occur "by a certain date." C/Nelson asked if the City really needed to short -sell the property and CDD/Gubman stated that if the school district wishes to sell the property, the City's piece is part of that proposed sale and in order to withhold sale of the property there Would need to be a change in the Memorandum of Understanding to divorce the City's parcel from the remainder of the property. C/Nelson asked how important the City's piece was to the overall project and CDD/Gubman responded that the City's property has 'limited development potential and if it becomes part of the overall Site D development site, it can at least be enhanced with parkway improvements and traffic improvements. C/Nelson asked if the City owned parcel was critical to the overall development and CDD/Gubman said he would not say that the school district could not develop its parcel without the City's parcel, but as a standalone piece of property it has very limited development potential because there is no ability to make left turns in and out of the property so without the possibility of combining the City's parcel with the larger school district property for development potential, the usefulness of the school district's property is reduced to landscaping and intersection improvements. VC/Lee said he does not mind if the City pursues public development but this property is selling to the private sector and he does not understand why the City offered this formula. If the City wants a benefit, it seems to him that the City should sell its parcel to the school district or directly to an investor or leave this parcel alone, let the school district develop its parcel and the City can sell its parcel for a higher price. As he said before, there are different formulas but why would the City make this kind of offer to the school district and get a percentage when the City would be helping the school district and the developers. The City should pursue its benefits too and it seems to him that the benefit of this sale goes to the school district and developer and the project will create a lot of traffic. Is there any other option the City can pursue for its benefit? CDD/Gubman said the City could choose to hold the property and try to sell it, and the City has looked DECEMBER 13, 2011 PAGE 7 PLANNING COMMISSION at marketing the property as a standalone piece of property. The City looked at the feasibility of developing a gas station on the property which would generate not only the sale price but ongoing sales tax revenue as well. Unfortunately, the property is too shallow (too narrow) to enable that goal. VC/Lee asked CDD/Gubman to describe the physical condition of the property and CDD/Gubman responded that he can only tell the Planning Commission with sincerity that staff has looked at the site and it would not support a gas station. VC/Lee asked if the City could pursue any other options and CDD/Gubman responded that the City Council could decide to negotiate a change to the IVIOU or to dissolve the MOU in an attempt to market the property individually. VC/Lee asked if the Planning Commission was being asked to decide whether or not to sell the property and ACA/\Nohlenberg responded that the MOU that the City Council entered into with the school district ,was that the two parcels would be combined to create a larger and more easily developed parcel, process the approvals for the larger portion and sell the larger portion and divide the revenues proportionate to how much each party invested. It is not that the City is selling its property to the school district for cheap and they are profiting from it, it is that the City and the school district worked out a deal as to how these contiguous properties wou,ld be developed as one parcel with the proceeds split accordingly. All aspects of the MOU are in, place and the City is past the point of considering other options since during the process the City entered into an agreement with the school district to carry out the simultaneous development and s@Ie and the 4.6 percent is the portion of the City's contribution to the project. Most of the contribution has come from the school district side so the school district would obviously get a significantly larger share. Tonight, all the Planning Commission is being asked to decide is if the City proceeds with the sale as anticipated by the MOU, is the use ccimpliant with the City's General Plan. That is the issue before the Planning Commission this evening. C/Nelson said that if the Planning CommiE;sion approves this item the City has to take 1/3 of the value the City paid for the parcel. It is not right, but what would be right. CDD/Gubman again explained that the property is going to sell for an amount that is at leeist the amount of the appraised value and the City will receive at least 4.6 percent of that price. C/Torng said he believed the intent w,3s to have a parcel that would benefit the City. Perhaps the amount the City will receive will benefit the DECEMBER 13, 2011 PAGE 8 PLANNING COMMISSION City in the long run rather than trying to reap a financial benefit from the sale. He believes it is important that the project is developed under the proposed Specific Plan in order to benefit the City. Chair/Shah stated that the MOU stipulates that the City's parcel be sold along with the school district's parcel and states that the parcel can be sold whenever one of the two entities decides to dispose of the property. Because of the timing, the City is not getting appreciation on the property. There are two ways to look at it. One is to negotiate with the school district for a higher percentage split because they want to sell it during a down market or, consider the overall benefit to. the City because that parcel is sifting fallow and when the parcel is developed, the City will be the ultimately benefactor. Today the issue is the resolution for possible disposal of the City's parcel to be in conformance with the City's General Plan and he believes Council should proceed and approve the resolution. Perhaps this is the best benefit to the City. C/Torng moved, VC/Lee seconded, to adopt a Resolution No. 2011-26 finding the possible disposal of the approximately 0.97 -acre vacant parcel located on the southeasterly corner of Diamond Bar Boulevard and Brea Canyon Road to be in conformance with the City's General Plan as corrected by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL2011-349 — Under the authority of Diamond Bar Development Code Section 22.58, the applicants, Randy Dimacali and Rafael Nunez, are requesting approval to install a micro - cellular antenna on a new concrete pole in the Public Right -of -Way (ROW) along the west side of Chino Hills Parkway South of Chino Avenue. PROJECT ADDRESS: Chino Hills Parkway Right -of -Way PROPERTY OWNER: City of Diamond Bar DECEMBER 13, 2011 PAGE 9 PLANNING COMMISSION APPLICANT: Randy Dimacali, Coastal Communications 3355 Mission Avenue, Suite 234 Oceanside, CA 92058 And Rafael Nunez NextG Networks of California, Inc. 2125 Wright Avenue, Suite C9 La Verne, CA 91750 AP/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PI -2011-349, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nelson asked what the future anticipated use was and AP/Alvarez responded that staff included a condition that improvements would need to be made in the event of future development such as having the unit mounted on top of a street light. C/Nelson said he was asking if there was any future development planned in the area and CDD/Gubman responded that this project is in the center of Tres Hermanos which consists of about 700 acres in the City of Diamond Bar, which is owned by the City of Industry. As far as staff knows, there are no plans in the foreseeable future for any development so this wireless facility is strictly to close the gap along that roadway section for motorists traveling along Chino Hills Parkway. Chair/Shah asked if this network leases out to different providers. ACA/Wohlenberg responded that NextG does not serve retail customers directly but lease capacity on their network to existing retail carriers, as needed. Chair/Shah opened the public hearing. Joe Malone, Next G Networks of California, Inc., said he was present to answer questions from the Commissioners. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. DECEMBER 13, 2011 PAGE 10 PLANNING COMMISSION C/Nelson moved, C/Torng seconded, to approve Conditional Use Permit No. PI -2011-349, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 7.2 Tentative Parcel Map and Parking Permit Case No. PL2011-260 — The applicant requested approval of a Tentative Parcel Map to subdivide an existing 4.4 -acre shopping center into three separate parcels and a Parking Permit to share driveway access and parking between the newly created properties. No new construction will take place and there will be no physical changes to the building and property. The Planning Commission is asked to recommend review and approval to the City Council of the entitlements. The property is zoned Community Commercial (C-2) with a consistent underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 300-324 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Black Equities Group, Ltd. 433 N. Camden Drive, Suite 1070 Beverly Hills, CA 90210 APPLICANT: Joseph C. Truxaw and Associates, Inc. 265 S. Anita Drive, Suite 111 Orange, CA 92868 SP/Lee presented staffs report and recommended that the Planning Commission recommend approval of the Tentative Parcel Map and Parking Permit No. PL2011-260 to the City Council, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. C/Torng asked how the applicant would benefit by creating separate parcels. SP/Lee said she does not know the exact intent of the applicant at this time but it would allow the current property owner to sell off each individual parcel. C/Torng DECEMBER 13, 2011 PAGE 11 PLANNING COMMISSION asked if multiple owners might present an obstacle to future development and SP/Lee said that it was a possible outcome; however, separation of the parcels is allowed via the Subdivision Map Act as well as the Municipal Code. Chair/Shah pointed o ' ut that Chase has two fewer parking spots than what is required and SP/Lee pointed out that while Chair/Shah is correct, there is a reciprocal parking agreement among the three properties. Chair/Shah opened the public hearing. Steven Hagar, Joseph C. Truxaw and Associates, Inc. the surveyor who is preparing this parcel map, spoke on behalf of the property owner in support of the project. With respect to the purpose of subdividing, while it would allow for properties being disposed of separately, to his knowledge and through discussions with the property owner, it is not his intent to do so at this time. However, the property owner wants the flexibility of having separate properties for the purpose of having buildings on separate properties which allows for flexibility in refinancing portions of the property without encumbering the entire parcel. Chair/Shah closed the public hearing. VC/Lee moved to recommend that the Planning Commission recommend approval of the Tentative Parcel Map and Parking Permit No. PL 2011-260 to the City Council, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. C/Nelson said he could not think of another reason to subdivide this property other than to sell it at the highest and best value for each parcel and does not believe the case presented convinced him otherwise. He has no reason and believes the Commission has no reason to deny the proposal and seconded the motion pending comments from other Commissioners. C/Torng felt the applicant's comments were honest and the applicant has followed the rules. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin DECEMBER 13, 2011 PAGE 12 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng wished everyone a Merry Christmas and Happy Holidays. C/Nelson, VC/Lee and Chair/Shah echoed C/Torng's comments. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: AP/Alvarez reported on the six month review of the CUP for the tutoring center at 782-784 Pinefalls Avenue. The applicant submitted a notarized affidavit stating that 1) the business commenced on August 12, 2011; 2) the current student enrollment is 30 students, and 3) the applicant has not received any complaints regarding parking at the facility. Staff visited the site on November 30, 2011, at approximately 2:30 p.m. and counted four vehicles on the property with 10 students and 2 instructors in session. No parking issues related to the operation of the tutoring center were observed. Moreover, the City has not received any complaints about the site. On the basis of the representations of the applicant and observations of staff, no changes to the current approval are recommended at this time. 9.1 Public Hearing dates for future proiects. CDD/Gubman stated that there will not be a Planning Commission meeting on December 27. During that week staff will be packing and moving to its new City Hall location on December 28 and 29, City Hall functions will be temporarily relocated to the Diamond Bar Center to ensure ongoing customer service during the relocation. The next scheduled Planning Commission meeting is January 10, 2012, with two items on the agenda, one for a room addition and one for a time extension for the condominium map for the Diamond Jim's Dairy location approved by the Planning Commission a couple of years ago. This project is nearing grading permits and there are technical issues regarding the sewer pump which is required for the property. CDD/Gubman reported that the January 10 and 24, 2012, Planning Commission meetings will continue to be held in the current AQMD Auditorium. beginning in February, the Planning Commission meetings will be held in the Community Room of the new City Hall pending any delays in getting the audio video essentials online. DECEMBER 13, 2011 PAGE 13 . PLANNING COMMISSION C/Nelson asked if there was any activity on the Ralph's location and CDD/Gubman responded that the shopiping center owners are in lease negotiations with a national retail tenant and the City has been asked not to disclose any of the related informatilon at this time until negotiations conclude. Staff is optimistic that it will hiave good news to present to the Commission in the near future. On behalf of staff, CDD/Gubman wished the Commissioners Happy Holidays and a Happy New Year. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: . With no further business before the Planning Commission, Chairman Shah adjourned the regular, meeting at 8:13 pm to January 10, 2012. The foregoing minutes are hereby approved this 1,Oth (Jay of January, 2012. Attest: Respectfully 'S )ubmitted, Greg Gubmain Community Development Director Jack Shah, Chairman Attachment 3 PLANNING COMMISSION RESOLUTION NO. 2011-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 71362 AND PARKING PERMIT NO. PL2011-260 TO SUBDIVIDE A 4.4 -ACRE EXISTING SHOPPING CENTER INTO THREE SEPARATE PARCELS AND A PARKING PERMIT TO SHARE DRIVEWAY ACCESS AND PARKING BETWEEN THE THREE PROPERTIES LOCATED AT 300-324 S. DIAMOND BAR BLVD., DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NOS. 8281-010-057 AND 058). A. RECITALS 1. Property owner, Black Equities Group, Ltd., and applicant, Joseph C. Truxaw and Associates, have filed an application for Tentative Parcel Map No. 71362 to subdivide a 4.4 -acre existing shopping center into three separate parcels and Parking Permit No. PL 2011-260 to share driveway access and parking between the existing properties located at 300-324 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California ("Project Site"). The Project Site is depicted in Exhibit 1. 2. The Project Site is currently comprised of two parcels totaling 4.4 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. On December 2, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 4. On December 13, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. I zl*ie7Rel0Is] ZI NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and recommends as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the subdivision of an existing 4.4 -acre shopping center into three separate parcels. The newly subdivided parcels will share driveway access and parking. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed . density of development: The property is already improved with existing buildings. No new construction will take place, and there will be no physical changes to the building and property. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction will take place, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. No new construction will take place, and there will be no physical changes to the building and property. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The site has existing utility easements within the project site. In addition, a condition is added to the project requiring a reciprocal parking and access 2 Planning Commission Resolution No. 2011-28 agreement with the newly created parcels for the use and access of all common roads, driveways, parking, and easement areas, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings. No new construction or grading will take place, and there will be no physical changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. The existing buildings meet all required setbacks and development code regulations. Parking Permit Findings (DBMC Section 22.30.050) The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved: Shopping centers over 50,000 square feet in size are required to provide I parking space for every 300 square feet of gross floor area. The existing gross floor area of the center is 62,399 square feet, therefore, requires 208 parking spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses): When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from bank, fast-food restaurant, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. Due to this, staff does not foresee any parking issues resulting from the proposed use. In addition, the existing parking supply is adequate with a surplus of spaces. 3 Planning Commission Resolution No. 2011-28 Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and recommends that the City Council approve the Tentative Parcel Map and Parking Permit, subject to the following conditions, and the attached Standard Conditions of Approval: 1 The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Division Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 3. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. 71362 and Parking Permit No. PL2011-260, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees. 4. The Parking Permit is approved subject to the Tentative Parcel Map conditions of approval. B. TENTATIVE PARCEL MAP 1 The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan. 2. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R's)/Property Maintenance Agreement that governs the three parcels shall be reviewed and approved by the City Attorney. 3. The existing property maintenance agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the City Attorney prior to final map approval, etc. 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 4 Planning Commission Resolution No. 2011-28 5. The approval of the Tentative Parcel Map No. 71362 expires within three years from the date of approval if the, use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing for a time extension if submitted to the City no less than 30 days prior to the approval's expiration date, subject to DBIVIC Section 21.20.150 for City Council approval. 6. Prior to final map approval, a reciprocal access and parking agreement for the use and access of all common roads, driveways, parking, and easement areas shall be reviewed and approved by the Community Development Director and/or City Attorney. 7. The existing reciprocal access and parking agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the Community Development Director and/or City Attorney prior to final map approval. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210, and Joseph C. Truxaw and Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 92868. A Leel I& I kyl I WA I W001 a D1 F.111 Orl Lei 0 1 AN Jack Shah, Chairman 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of December 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: FWA10-1601:4011 ATTEST: Commissioners Nelson, Torng, VC/Lee, Chair/Shah None None xr, Greg Gubman, AICP, Secretary 5 Planning Commission Resolution No. 2011-28 A PROJECT #: Tentative Parcel Map No. 71362 and Parking Permit No. PL 2011-260 SUBJECT: A Tentative Parcel Map to subdiviide an existing 4.4 -acre existing shopping center into threie separate parcels and Parking Permit to share driveway access and parking between the three properties. PROPERTY Black Equities Group, Ltd., 433 N. Camden Drive, Suite OWNER(S): 1070, Beverly Hills, CA 90210 APPLICANT: Joseph C. Truxaw Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 92868 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISIOIN AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section t36474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Tentative Parcel Map and Parking Permit No. PL2011-260 brought within the time period pi-ovided by Government Code Section 66499.37. In the event the city andl/or its officers, agents and employees are made a party of any such action: 6 Planning Commission Resolution No. 2011-28 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map and Parking Permit No. PL 2011-260 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2011-28, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to. be wet sealed/stamped by a licensed Engineer/Architect. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 6. Approval of this request. shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to final map approval. 7 Planning Commission Resolution No. 2011-28 2. Prior to final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Tentative Parcel Map and Parking Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBIVIC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing for a one year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of PM 71643 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 8 Planning Commission Resolution No. 2011-28 A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 4. Prior to final map approval all site public improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public improvements. 5. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 6. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 7. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 8. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 9. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost .to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 10. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 11. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 9 Planning Commission Resolution No. 2011-28 a 10 12. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. The Joint Access and Reciprocal Parking Agreement shall include provisions for all parcel owners to accept cross lot drainage as identified on the final map with drainage easements. STREET IMPROVEMENT The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Street improvement plans for the reconstruction of driveway approaches in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. D. UTILITIES Easements, public utility final map. A�11y-&Tzl satisfactory to the City Engineer and the utility companies, for and public services purposes shall be offered and shown on the 1 Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the Joint Access and Reciprocal Parking Agreement. Sewer easements crossing the lot lines shall also be identified on the final parcel map similar to Cross Lot Drainage easements. F. TRAFFIC MITIGATIONS 1 Prior to final map approval, a registered traffic engineer shall analyze the turning movements for ingress and egress out of the northerly driveway approach for Parcel 3 along Golden Springs Drive to determine if turning restrictions shall be imposed or if mitigations are required. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The declaration or other form of legal agreement is required to incorporate the architectural plan as part of the required recorded document. All existing fire rated 10 Planning Commission Resolution No. 2011-28 walls and unrated openings must remain in-place per CBC 705.8 unless approved through Building and Safety. 9;H 11 Planning Commission Resolution No. 2011-28 Attachment 4 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO Landmark Law Group, Inc. 406 Broadway, Suite 35OG Santa Monica, California 90401 Attn: Gulwinder S. Singh (0202.05105) DECLARATION AND GRANT OF ACCESS AND PARKING EASEMENTS THIS DECLARATION AND GRANT OF ACCESS AND PARKING EASEMENTS (this "Declaration") is made as of September 23, 2011, by VOP II, LLC, a Colorado limited liability company, DW Diamond Bar, LLC, a California limited liability company and Exchange Place, LLC (collectively "Declarant'). ARTICLE 1. RECITALS: 1.1. Declarant is the fee owner of that certain real property described on Exhibit A attached hereto, located in the City of Diamond Bar, State of California (the "Propert ') 1.2. The Property consists of 3 parcels of land which were created pursuant to Parcel Map No. 71643 (the "Parcel Map'). There are 3 parcels are as described on Exhibit B. Each parcel is referred to as a "Parcel" and collectively as the "Parcels" or the "Property." 1.3. The City of Diamond Bar required this Agreement in connection with approval of the Parcel Map. Each Parcel separately would not have sufficient parking to comply with the legal parking requirements but collectively there is adequate parking. The purpose of this Declaration, among other things is to provide the Owners and Users (as such terms are defined below) of each Parcel the right to use all parking spaces on any of the Parcels and the right to vehicular and. pedestrian ingress and egress over the Parcels as required for the purpose of accessing the Parcels, the right to cross Parcel drainage and common use of trash areas on the Parcels. ARTICLE 2. GENERAL PROVISIONS 2.1. Creation of Easements: Declarant hereby declares, covenants and grants for the benefit each of the Parcels and every portion thereof, and all Owners and Users the following nonexclusive easements and rights across the Parcels (collectively the "Easements"): 2.1.1. the right of vehicular ingress and egress over the streets and driveways and roadways in each of the Parcels; 2.1.2. pedestrian ingress and egress on sidewalks, driveways; roadways and pathways of the Parcels; 2.1.3. the right to park in any parking spaces on any of the Parcels; 2.1.4. drainage rights across the Parcels and 2.1.5. the right to use and access any shared trash area located on any of the Parcels No such easement shall be construed as a public access easement or public dedication. 2.2. Definitions. As used herein, "Owners" shall mean the fee owners of each Parcel as such Owners may change from time to time. "Users" shall mean all lessees, licensees, representatives, agents, employees, guests, or invitees of an Owner. 2.3. Changes. Owners may make or allow changes to the Parcels from time to time provided that no Owner shall: 2.3.1. obstruct, restrict or interfere with the Easements; 2.3.2. obstruct, restrict or interfere with use by any Owner or User of any other Parcel or any improvement thereon; 2.3.3. obstruct, restrict or interfere with the existing physical access to or, from the public streets or right of way with respect to each any other Parcel; 2.3.4. materially impair the value of any .other _ Parcel or any building thereon; 2.3.5. violate any governmental requirements and regulations applicable to its Parcel or breach or materially impair any contractual agreement between the Declarant or the City and any Owner or User of any Parcel; 2.3.6. reduce the number of parking spaces available on its Parcel or obstruct, interfere with or restrict any Owner or Users.access to such parking spaces; or 2.3.7. take any action that would increase the legally required parking allocation for its Parcel. ARTICLE 3. PARKING 3.1. Parking Rules and Regulations. Each Owner shall be responsible for complying with and using commercially reasonable efforts to cause its Users to comply, with the following parking rules and regulations: 3.1.1. No overnight or extended -term storage of vehicles shall be permitted Vehicles must be parked entirely within painted stall lines of a single parking stall. 3.1.2. All signs and directional arrows must be observed: 3.1.3. Parking is prohibited: (a) In areas not striped for parking; (b) In aisles; (c) Where "no parking" signs are posted; and (f) any other area designated as not for parking. 3.1.4. Washing; waxing, cleaning or servicing of any vehicle in any parking area is prohibited. ARTICLE 4. ENFORCEMENT 4.1. Default and Remedies. Each Owner which is not in violation of the terms hereof (an "Enforcing Entity") may enforce any one or more of the remedies set forth in this Article 4 as well as any other rights or remedies they may have at law or in equity, whether or not set forth herein, upon the occurrence of any breach; default, noncompliance, violation or failure to perform or satisfy any of the Covenants contained herein which has not been cured within thirty (30) days after written notice from such Enforcing Entity (or if any such breach is not reasonably susceptible of cure within such thirty (30) day period, then if the Owner who is in violation of the Covenants contained herein (a "Defaulting Owner") has not commenced promptly within the thirty (30) day period and thereafter diligently continued to prosecute such cure to completion). To the maximum extent permitted by law, all remedies provided herein or by law or equity shall be cumulative and not mutually exclusive. 4.1.1. Substitute Performance. Without any obligation to . do so, the Enforcing Entity at its option may: (i) pay any unpaid sums or settle or discharge any action therefor or judgment thereon; or (ii) enter an affected Parcel and perform such work as may be necessary to resolve the same to the condition required hereunder; or (iii) provide other substitute performance of any obligations of the Defaulting Owner at such Defaulting Owners expense. In any such event, the Defaulting Owner shall immediately reimburse the Enforcing Entity for all of the Enforcing Entity's costs or expenses connected therewith, plus interest on all such amounts owed at the rate of Prime Rate (as published in the Wall Street Journal or if the Wall Street Journal is no longer published, another reasonable publication or source) plus 500 basis points from the date incurred until paid, or at such lower rate as may be set in the future as the maximum rate permitted by law. 4.1.2. Damages. The Enforcing Entity may bring asuit for damages for any compensable breach of any of the Covenants contained herein, or for declaratory relief to. determine the enforceability of any of these Covenants, including, without limitation, all court costs, reasonable attorneys' fees and other costs of collection or enforcement related thereto. 4.1.3. Equity. It is recognized that a breach by an Owner of one or more of the Covenants contained herein may cause the non -Defaulting Owners to suffer material injury or damage not compensable in money and that the Enforcing Entity shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with these Covenants or for an injunction to enjoin the continuance of any such breach thereof. 4.1.4. Abatement. Any breach of these Covenants or any provision hereof not cured within the applicable cure periods is hereby declared to be a nuisance, and the Enforcing Entity shall be entitled to enter the affected Parcel or portion' of the Property as to which the breach exists and summarily abate and remove, without further legal process to the maximum extent permitted by law; any structure, thing, or condition that may exist in breach of any these Covenants, or to prosecute any remedy allowed by law or equity for the abatement of such nuisance against any person or entity acting or failing to act in breach of these Covenants, ants p 9 or an all at the sole cost and expense of the Defaulting person Y having possession under such Defaulting Owner. Any costs or expenses paid or incurred by the Enforcing Entity in abating such nuisance or prosecuting any such remedy (including all reasonable attorneys' fees and other costs of collection) and all other sums due hereunder, together with interest thereon at the maximum rate then permitted by law, shall be a charge against the affected Parcel, shall be a continuing lien thereon until paid (the "Enforcement Lien"), and shall also be the personal obligation of that person who was the Defaulting Owner when such charges became due. 4.1.5. Lien. In addition to any other rights or remedies hereunder, should a monetary default by any Owner not be timely cured, the Enforcing Entity may deliver to such Defaulting Owner and record in the Official Records of the County of Los Angeles a notice of lien which shall contain at least; (a) A statement of the amount owed; (b) A legal description of the defaulting Owner's Parcel that is subject to the lien; and (c) The name of the Owner, or reputed Owner of the Parcel that is subject to the lien and the nature of that Owner's interest (fee or leasehold) in the Parcel. 4.1.6. Priority of Lien. The Enforcement Lien shall be .prior and superior to any right, title, interest, lien or claim that is acquired or that attaches to the subject Parcel after the time of filing such notice of lien. 4.1.7.. Foreclosure. The Enforcement Lien shall be for the use and benefit of the Enforcing Entity during the default of the defaulting Owner or Owners and may be enforced and. foreclosed in a suit or action brought in any court of competent jurisdiction in the manner provided for the foreclosure of mortgages or other applicable law. If the violations recited in such notice of lien are totally cured and all amounts paid, the Enforcing Entity shall forthwith record an appropriate release of such Enforcement. Lien at the defaulting Owner's sole expense. 4.2. Waiver. No waiver by any Owner of a breach of any of these Covenants and no delay or failure to enforce any of these Covenants shall be construed or, held to be a waiver, of any succeeding or preceding breach of the same or any other of these Covenants. No waiver by any Owner of any breach hereunder shall be implied from any omission by any Owner to take any action on account of such breach if such breach persists or is repeated, and no express waiver shall affect a breach other than as specified in said waiver. 4.3: Costs of Enforcement. If any legal or equitable action or proceeding is instituted to enforce any provision of this Declaration, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys' fees. L. - ARTICLE 5. RIGHTS OF LENDERS. 5.1. Subordination. No breach of any covenant and/or restriction, nor the enforcement of any lien provision contained in this Declaration, shall affect, impair, defeat, or render invalid the lien of any mortgage. All of the covenants, conditions and restrictions herein contained shall be binding upon and effective against any Owner whose title is derived through foreclosure, trustee sale, deed in lieu thereof, or otherwise. 5.2. Transfer of a Parcel by Sale or Foreclosure. Sale or transfer of any Parcel shall not affect the Enforcement lien. However, the sale of any Parcel pursuant to Foreclosure shall extinguish the Enforcement Lien as to matters prior to such sale or transfer. No sale or transfer whether by foreclosure or otherwise shall relieve such Parcel from liability for any obligations thereafter becoming resulting from this Agreement. 5.3. Notice by Owner. An Owner that mortgages its Parcel . shall notify the. Declarant, in writing of the name and address of its Mortgagees, provided that an Owner's failure to so notify the Declarant shall not affect the rights of a mortgagee. ARTICLE 6. TERM AND MATTERS AFFECTING RIGHTS AND DUTIES 6.1. Term. This Declaration, every provision hereof and every covenant, condition, restriction and easement contained herein, shall continue in full force and effect for a. period commencing on the date of recording of this instrument and expiring fifty (50) years thereafter. 6.2. Termination or Modification. Subject to Section 7.1 hereof, this Declaration, or any provision hereof, may be terminated, extended, modified or amended as to all or any portion of the Property, but only with the written consent of the. Owners of at least fifty-one percent (51%) of the Property based on the number of square feet of land owned as compared to. the total number of square feet subject to this Declaration. Notwithstanding the j foregoing, so long as Declarant owns at least five percent (5%) of the Property subject to these Covenants, no such termination; extension, modification or amendment shall be effective without the written approval of Declarant, which approval may be withheld'or denied in Declarant's sole discretion. No termination, extension, modification or amendment of this Declaration shall be effective until a proper instrument duly executed and acknowledged has been recorded in the Official Records of Los Angeles County, California. ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1. Constructive Notice and Acceptance. To the maximum extent permitted by law, every Owner who now or hereafter owns or acquires any right, title or interest in or to any portion of said Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and easement contained herein, whether ,or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in said Property. 7.2. Mutuality, Reciprocity Runs with Land. All Covenants, conditions, covenants, easements and agreements contained herein: (a) are made for the direct, mutual and reciprocal benefit of each and every part and parcel of the Property; (b) shall create reciprocal rights and obligations between the respective Owners of all Parcels and privity of contract and estate between all Owners of said parcels, their heirs, successors and assigns; and (c) shall, as to the Owner of each Parcel, his heirs, successors and assigns, burden and encumber the Property and all portions thereof and operate as covenants running with the land for the benefit of all other Parcels. 7.3. Rights Under Other Recorded Documents. Nothing herein contained shall prejudice or diminish in any way the rights of Declarant or any particular. Owner or L:ienholder under any other documents of record from time to time affecting all or any portion of the Property. 7.4. Captions The paragraph headings or captions used herein are for convenience only and are not a part of this instrument and do not in any way limit, define or amplify the scope or intent of the terms and provisions hereof. 7:5. Invalidity of Provision. If any provision of this Declaration shall be adjudged by court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Declaration or the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the instrument as a whole. 7.6. Notices. All notices, consents, requests, demands, approvals, authorizations and other communications provided for herein, shall be in writing and shall be deemed to have been duly given if and when personally served or forty-eight (48) hours after being sent by United States registered or certified mail, return receipt requested, postage prepaid, to the intended party at its last known address. 7.7. Governing Law. This Declaration and the terms hereof.shall be governed by and construed in accordance with the laws of the State of California. 7.8. Attorneys' Feesif. any party commences an action against another party arising out of or in connection with this Declaration, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action in addition to any other legal or equitable remedies available to the prevailing party. 7.9. Non -Merger. This Declaration, and the easement rights created herein, shall not merge with the fee estate in the Property by reason of the fact that the entirety of the Property may now or hereafter be held, directly or indirectly, by the same entity. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date first above written. DECLARANT Attachment 5 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO Landmark Law Group, Inc. 406 Broadway, Suite 350E Santa Monica,, California. 90401 Attn: Gulwinder S. Singh (0202.05105) DECLARATION AND GRANT OF MAINTENANCE` AGREEMENT THIS DECLARATION MANTECA AGREEMENT (this "Declaration") is made as of December , 2011, by VOP 11, LCC, a Colorado limited liability company, DW Diamond Bar, LLC, a Californialimited liability company and Exchange Place, LLC (collectively"Declarant"). ARTICLE 1. RECITALS: 1.1. Declarant is the fee owner of that certain real property described on Exhibit A attached hereto, located in the City of Diamond Bar, State of California (the "Property")- 1.2. The Property consists of 3 parcels of land which were created pursuant to Parcel Map No. 71643 (the "Parcel Map"). There are 3 parcels are as described on Exhibit B. Each parcel is referred to as a "Parcel" a.nd collectively as the "Parcels" or the "Property." 1.3. The Property is part of a larger shopping center (the "Overall Center") which is described on Exhibit C, attached.hereto. 1.4. The Overall Center (including the Property) is subject to (a) that certain Parking Lot Maintenance Agreement dated August 22, 1969, recorded on September 5,_1969 in Book M-3296, Page 97 of the Official Records of Los Angeles County, (b) that certain First Amendment to Parking Lot Maintenance Agreement dated January 4, 1971 recorded on 1971 as Document No. and (c) that certain Second Amendment to Parking Lot Maintenance Agreement dated April 29,.1981 recorded on February 12, 1982 as Document No 82-162963. (Collectively, the "Maintenance Agreement"). ; 1.5. In the Maintenance Agreement, the Property is referred tows Parcel 2. 1.6. The City of Diamond Bar required this Declaration in connection with the approval of the Parcel.Map. This Agreements sets forth -the basis on which the parking tot for the Property shall be`.managed. Page 1 of, 13 - L LLG Docs 286146 ARTICLE 2. GENERAL PROVISIONS 2.1. Maintenance of the Parking Lot of the Property., The Maintenance of the parking lot for the Property shall be performed in accordance with the terms of the Maintenance Agreement. 2.2. Payment of Costs. All costs and expenses payable under the terms of the Maintenance Agreement by the Property as Parcel 2 under the Maintenance Agreement shall be payable by the owner of each Parcel in accordance with that owner's percentage share ("Owner's Percentage Share") as set forth on Exhibit D, attached hereto. 2.3. Voting and other Decision Making. To the extent under the Maintenance Agreement. there is a vote for any purpose amongst the owners of the Overall Center, the owners of the Parcels' shall vote on such .matter with. each Owner having a .votes in proportion that Owners' Percentage Share: The vote of Owner's holding more than,50% of the Owner's Percentage Share shall be binding on the other Owners and shall be the vote of the Property as Parcel 2 under the Maintenance Agreement; provided however, so longus Declarant continues to own any the 3 Parcels; the Declarant shall have the controlling vote on any such matter regardless of Declarants Percentage Share. 2.4. Definitions. As used herein, "Owners' shall mean the fee interest owners of each Parcel as such Owners may change from time to time ARTICLE 3. ENFORCEMENT 3.1. Default and Remedies. Each. Owner. which is not in violation of the terms hereof (an "Enforcing Entity") may enforce any one or more of the remedies set forth in this Article 3 as well as any other rights or remedies they may have at law or in equity, whether or not set forth herein; upon the occurrence of any breach, default, noncompliance, violation or failure to perform or satisfy any of the covenants contained herein which has not been cured within thirty (30) days after written notice from such Enforcing Entity (or if any such breach is not reasonably susceptible of cure within such thirty (30) day period; then if the Owner who is in violation of the covenants contained herein (a "Defaulting Owner") has not commenced promptly within the thirty (30) day period and thereafter diligently continued to prosecute such cure to completion).` To the maximum extent permitted by law, all remedies provided herein or by law or equity shall be cumulative and not mutually exclusive. 3.1.1. Substitute Performance. Without any obligation to do so, the Enforcing Entity at its option may: (i) pay any unpaid sums or settle or.discharge any action therefor or judgment thereon; or 00 enter an affected Parcel and perform such work as may y (iii) provide other, substitute performance of any obligations of the DefaultingOwner at such Defaulting be necessary to resolve the same to the condition required hereunder, or Owner's expense.. In any such event, the Defaulting Owner shall immediately reimburse the Enforcing Entity for all of the Enforcing Entity's"costs or expenses connected therewith; plus interest on all such amounts owed at the rate of Prime Rate (as published in the Wall Street Page 2 of 13 LLG Docs 286146 -: t Journal or if the Wall Street Journal is no 'longer published, another reasonable publication or source) plus 500 basis points from the date incurred until paid, or at such lower rate as may be set in the future as the maximum rate permitted bylaw. 3.1.2. Damages. The Enforcing Entity may bring a suit for damages for any compensable breach of any of the covenants contained herein, or for declaratory relief to determine the enforceability of any of these covenants. 3.1.3. Equity. It is recognized that a breach by an Owner of one or more of the covenants contained herein may cause the non -Defaulting. Owners to suffer material injury or, damage not compensable in money and that the Enforcing Entity shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with these covenants or for an injunction to enjoin the continuance of any such breach thereof. 3.1.4. .Lien. • In addition to any other rights or remedies hereunder, should a monetary default by any Owner not be timely cured, the Enforcing Entity may deliver to such Defaulting Owner and record in the Official Records of the County of Los Angeles a notice of lien which shall contain at least: (a) A statement of the amount owed; (b) A legal description of the defaulting Owner's Parcelthat is subject to the lien;.and (c) The name of the Owner, or reputed, Owner of the Parcel that is subject to the lien and the nature of that Owner's interest (fee or leasehold) in the Parcel. 3.1.5. Priority of Lien. The Enforcement Lien shall be prior, and superior to any right, title, interest, lien or claim that is acquired or that attaches to the subject Parcel after the time of filing such notice of lien.. 3.1.6. Foreclosure. The Enforcement Lien shall be. for, the use 'and benefit of the Enforcing Entity during the default of the defaulting Owner or Owners and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction in the 'manner provided for the foreclosure of mortgages or other applicable law. If the violations recited in such notice of lien are totally cured and all amounts paid, the Enforcing Entity shall. forthwith record an appropriate release of such Enforcement Lien at the defaulting Owner's sole expense: 3.2. Waiver. No waiver by any Owner of a breach of any of these covenants and no Y Y construed or held to be a g preceding g y waivder of anfasuc eedinnforcre edint breach of the o�r any of these covenants. Y No waiver by any Owner of any breach hereunder shall be implied from any omission by any Owner to take any action on account of such breach if such breach persists or is repeated, and no express waiver shall affect a breach other than as specified in said waiver. Page 3 of 13 LLG Docs 286146 3.3. Costs of Enforcement. If. any legal or equitable action or proceeding is instituted to enforce any provision of this Declaration, the party prevailing in such action shall be entitled torecover from the losing party all of its costs, including court costs and reasonable attorneys' fees. ARTICLE 4. RIGHTS OF LENDERS. , 4.1. Subordination._ No breach of any covenant and/or restriction; nor the enforcement of any lien provision contained in this Declaration, shall affect, impair, defeat, or render invalid the lien of any mortgage. All.of the covenants, conditions and restrictions , herein contained shall be binding upon and effective against any Owner whose title is derived through foreclosure, trustee sale, deed in lieu thereof, or otherwise: 4.2. Transfer of a Parcel by Sale or Foreclosure. Sale or transfer, of any Parcel shall not affect ` the. Enforcement lien. However, the sale of any Parcel pursuant Jo Foreclosure shall extinguish the Enforcement Lien as to matters prior to such sale or transfer. No sale or transfer whether by foreclosure or otherwise shall relieve such Parcel from liability for any obligations thereafter resulting from this Agreement. 4.3. Notice by..Owner. An Owner that mortgages its Parcel shall notify the Declarant, in writing of the name and address of its Mortgagees, provided that an Owner's failure to so notify the Declarant shall not affect the rights of a mortgagee. ARTICLE 5. TERM AND MATTERS AFFECTING RIGHTS AND DUTIES 5.1. Term. This Declaration, every provision hereof and every covenant, condition, restriction and easement contained herein, shall continue in full force and effect for a period commencing on the date. of recording of this instrument and expiring fifty (50) years thereafter. 5.2. Termination or Modification. Subject to Section 7.1 hereof, this Declaration or any, provision hereof, may be terminated,. extended, modified or amended as to all or any portion of: the Property, but only with the written consent of the Owners of at more than 50% of the Owners' Percentage Share. Notwithstanding the foregoing, so long as Declarant owns at any of the Parcels, no such termination, extension, modification or amendment shall be effective without the written approval of Declarant, which .approval may be withheld or denied in Declarant's sole discretion. No termination, extension, modification or, amendment of this Declaration shall be effective until a proper instrument duly executed and acknowledged has been recorded in the.Official Records of Los Angeles County, California. Page 4 of 13 LLG Docs 286146 ARTICLE 6. MISCELLANEOUS PROVISIONS 6.1. Constructive Notice and Acceptance. To the maximum extent permitted by law, every Owner who now or hereafter owns or acquires any right, title or interest in or to ` any portion of said Property is and shall be conclusively deemed to have, consented and agreed to every covenant, condition, restriction and easement contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in said Property. 6.2. Mutuality Reciprocity; Runs with Land. All covenants, conditions, covenants, easements and agreements contained herein: (a) are made for the direct, mutual and reciprocal benefit of each and every part and parcel of.the. Property;` (b) shall create reciprocal rights and obligations between the respective Owners of all Parcels and privity of ..: contract and estate between. all Owners of said parcels, their heirs, successors and assigns; and (c) shall, as to the Owner of each Parcel, his heirs, successors and assigns,.burden_and encumber the Property and all portions thereof and operate as covenants running with the land for the benefit of all other Parcels: 6.3. Rights Under Other Recorded Documents. Nothing herein contained shall prejudice or diminish in any way the rightsof Declarant or any particular Owner, or Lienholder under any other documents of record from time to time affecting all or any portion of the Property: 6.4. Captions The paragraph headings or captions used herein. are for convenience only and are not a part of this instrument and do not in any way limit, define or amplify the scope or intent of the terms and provisions hereof. 6.5. Invalidity of Provision. If any provision of this Declaration shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in noway affect (to the maximum extent permissible bylaw) any other provision of this Declaration or the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of the instrument as a whole. . 6.6. Notices. All notices, consents, requests, demands, approvals, .authorizations and other communications provided for herein shall be in writing and shall be deemed to have been duly given if and when personally served or forty-eight (48). hours after being sent by United States registered or certified mail, return receipt requested, postage prepaid, to the intended party at its last known address: 6.7.. Governing Law. This Declaration and the terms hereof shall be governed by and construed in accordance with the laws of the State of California. 6.8. Attorneys' Fees. If any, party commences an action against another party arising out of or in connection with this Declaration, the prevailing party shall be entitled to recover from the other party reasonable. attorneys' fees, costs and expenses incurred in connectionwith the prosecution or defense of such action in addition to any other legal or equitable remedies available to the prevailing party. Paget of 13 LLG Docs 286146 flpER N AMC REP fOR AOOIRMAt GPWARM ANp OCIARS SAL 0 116 [F([Ci P A PARKING LS YANII.RCE ACMCYMI pATID AVW51 T2. ]969 11 CpVINMt4 Cp91015 AND RC51WCi1p45 IWILiNG HOME MT 17`9 GSE4M115) FG ]N RNPpC(5) 91PMI E40p Axp RAMS WOMu1H MRDV J . 13 AN UAAECGWm 1LASE MM CU NAME NRUS MYTHANi4 CCNOIIIONS AJ+p O GRMNRRE 111 IC WPOSEIS) 9wm1 SODA Ax0 WMIS UICCNI4 BOLc10 n AID BY MNES A. HEN. WC. A CGPGAnW NIT INNS G1ICCRY Co.A mpG,ND lrMAYMA. 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PUAPOSL PCL lR6S PURPOSE GMERGO.NO ELECTRICAL SUPRT ME. AND 21 YA11EF5 ONANM W iNAT DAII4Y OpNNNi [NSL[0'EARu[W AG[M[I)C NDI 10 SCALL[ PROPOSE, CM4YM By SAO EARYMIS (1) 10 DCI N AUL S ANY PORTION C RECORDED, f(,'O�C9 ,I�iQ,A 6 {I N¢ 5125. °Opt O NOS,. CDCAP CAMEN 5T51CYS - MILAN A TUAT 14 1979, ICNND 01 AND SCIRMA GREW RM ART EANF MAY . ODMIAER16 CARNET M HANE AO 5 HOT FISHED ICREpI MR 7O SAID - - - SAO CARUENTS FOR MORE U4 A0/S IS _O, SAO EASMMR OR ANY R[CSO[k MARL 6, 1911, NSWWMC NO. 3167, BOK D MIS, PXCNIt 50RYAIS MHiY COPANT.MCSPD VAT 11, ISM. MSW WMt NB DOCI•EKl CG FULL PMfCAARS - - POROW TERCET TO DUOS AN (2) 10... RUT PORTON C SAD At[C19 A PG10H C SAID CAPD PALO 164 C C(OH AEMM BI-I6]SL C EVEN ICELAND. EA9}ENTS RE RVA ND ASTM DEDILAOON C A PART THEREOF (S A RIBUC GM. MECC9 PSCC 1 C PARA YAP 259 BENL'H MARK © 0491Mt4 CMMRYI$ AND ACSPEOM" (CJCnxG RICRDROY ON ii EASMENI(S) (OR IXC RMPUOUS) Mm M" ANG. 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ALL 04 GAS AND OTHER NIDROCARB016 AND YMERHS NOW W AT MY IME ( CROSS LOSE ( T 1. 1 \m ` ) - ROOF OVCAHMG (TV.) p Y OR A S. °PL•'.t'9 CNI DC -I / „^ C' � I ON N 0 IiEREACiM 9NATCD iHFN[W M° THEREUNDER, TOGCMER TNM IN EXCLUSIVE MCHI TO - o ACU f (R AT (ARO. O o o ) _ (BUHMNG NEIMIT:?t) I ,� NDN ER URRL FOR, PHONES. [NERALS, TME AN WOR t SAME ON TOR, RFS AND GREAT 1 A () /t P A`Y E 4 E N T I ]]K , ` , , I. m o = 6 B• •AE. - o ul ® E _ To MAPS AND YMCRAIS MO 10 SIO'Q SEN[ SAV[ VPdY 716 SURFACE IX' SAD LRAM, - r RUE. WHt c Iz - pTPNJ LO.00�•IY I. 6 1 i F W BELOW THE %iNACE C SAD LAM. iDCiHEA NM INE RIGHT 10 MORE UPON THE .------ • , 2 I i SURFACE C SAM LAND, OIL GAS AIM OTHER NTpROCMBPR AND UW[RALS WNI[N MAY BC N C. I 1 AVE TA E� N T PREUCD (RN OTHER LANDS, W1IN SEES, IGWT Dr ENTRY TIMM TOR SAID PURPOSES AS t ® i ` ----`---------- ♦ W I 8 RESERVED BY MANSAUEMCA DEVELMY[Ni SDUPANT, A CHBWNN CDRPORA11p1, M 0[FD \{ s SDE. ��� a ` PARCEL P 1 § NAl4 `m O ® ` \ O _ \ ♦ \\O� �\� �n T W O x ) 57 SEMIS. WREN 29, 1968 M MSIAWENT N0. 2156 IN BOOK 05955 PAGE TBS OrRCV.t _ \ \ PCCf2Y0i ALL ENTRY MINIS AND RIGHTS DF SURFACE 57ORACE AS RESERVED ABOVE WERE 1 L,y I l 1 5 _ ]16% It WA7CR VANE V) 51EP5 t J O RD. 2736 01 SED THE RECWO CEMIERV4 OF ECJ DEC DEB DECEMBER 10, 1960 M INSTRUMENT [OHC CMO Y. A 1 j DN BL04. r '1 PARCEL. 1 _ SEA f - - T' t N¢ 2736 W BOpE.D/710, PAS V4 OFFICIAL RECORDS.' `•�, I `. / YARD DCii ON 1 I ORAS ; 1 - (1'•' 4- VAOC RA P NAYNIL EAN 1 u 291 ~� : ee�T.... • � PAVE 4, pAflHiUG RGW 6' NtOE.BIK) BIi(K. WA L R C L RG - - I - ALL RIGHTS ISA O L USE OF SURFACE MD SUBSURFACE 10 A DEPTH DF 500 FEET TROY THE h -jpi CMY0. BASE (IYP� - -1` - ' - - - - - - - - - J CROS$ l0T ACE OF SAD LAME. 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