Loading...
HomeMy WebLinkAbout01/21/2014 Agenda - Regular MeetingCity Council Agenda Tuesday, January 21,2014 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka Council Member Council Member Council Member City Manager James Destefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file it) the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 7990, the City of Diamond Bar requires that any person in need of any type ofspecial equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smokin& eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. 3 � /A f y �� CITY OF DIAMOND BAR CITY COUNCIL AGENDA January 21, 2014 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA Next Resolution No. 2014-01 Next Ordinance No. 01 (2014) 6:30 p.m. Mayor Pastor Jeanne Faveau-Sorvillo, United Church of Christ Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Winners of the Diamond Bar Holiday Home Decorating Contest for 2013. 1.2 Presentation of City Tile to former Planning Commissioner Tony Torng. 1.3 Presentation of Certificate of Recognition to the Diamond Bar Woman's Club on their 501h Anniversary. 1.4 Presentation of City Tile to Assistant City Manager, David Doyle, upon his resignation to become the City Manager for the City of Aliso Viejo. 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 21, 2014 PAGE 2 BUSINESS OF THE MONTH: 1.5 Presentation of City Tile to Diamond Bar Family Dentistry, Ritchie Park, D.D.S., 1155 S. Diamond Bar Blvd. Unit D, as Business of the Month, January, 2014. 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 CitV Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressina the Citv Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — January 23, 2014 — 7:00 p.m. Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — January 28, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — February 4, 2014 — 6:30 p.m., AQMDIGovemment Center Auditorium, 21865 Copley Drive. 5.4 Planning Commission Meeting — February 11, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Traffic and Transportation Commission Meeting — February 13, 2014 — 7:00 p.m., Windmill Community Room, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes- Regular Meeting of December 17, 2013 —Approve as submitted. Requested by: City Clerk . ..... .... . ....... . January 21, 2014 PAGE 3 6.2 Traffic and Transportation Commission Minutes — Regular Meeting of November 14, 2013 — Receive and File. Requested by: Public Works Department 6.3 Planning Commission Minutes: (a) Regular Meeting of November 26, 2013 - Receive and File. (b) Special Meeting of December 19, 2013 — Receive and File. Requested by: Community Development Department 6.4 Ratification of Check Register — Dated December 12, 2013 through January 15, 2014 totaling $2,023,454.17. Recommended Action: Ratify. Requested by: Finance Department 6.5 Treasurer's Statement — Approval of the Treasurer's Statement for the Month of November 2013. Recommended Action: Approve. Requested by: Finance Department 6.6 Transmittal of Comprehensive Annual Financial Report for the Year ended June 30, 2013. Recommended Action: Receive and File Requested by Finance Department 6.7 Award of Contract to Thomas G. Matlock & Associates to Provide Architectural Design Services for a Generator Enclosure Structure at City Hall in the Amount of $24,800; Plus a Contingency of $2,480 for a Total Contract Amount of $27,280. Recommended Action: Award. Requested by: City Manager 6.8 Adopt Resolution No. 2014 -XX: Amending the City's Community Development Block Grant (CDBG) Program for Fiscal Year 2013-14 to Reprogram Funds to the Home Improvement Program, ADA Sidewalk Improvements FY 2013-14 Project, and ADA Improvements for Star Dust and Longview South Mini -Parks. January 21, 2014 PAGE 4 Recommended Action: Adopt. Requested by: City Manager 6.9 Approval of the 2014 Los Angeles County Municipal Law Enforcement Services Agreement (MLESA) for a Five Year Term Beginning July 1, 2014. Recommended Action: Approve. Requested by: City Manager 6.10 Approval of Amendment No. 2 to the Contract with Architerra Design Group for the Design of Construction Documents for the ADA Retro- fit of Three (3) Mini -Parks in Lighting and Landscape Assessment District (LLAD) #39 for Additional Services in the Design of Longview South and Star Dust Park in the Amount of $10,000 for A Total Authorization of $87,300; and, Appropriate $10,000 in Community Development Block Grant Funds (CDBG) in Fiscal Year 2013-14 to the Project's Budget. Recommended Action: Approve. Requested by: Community Services Department 6.11 Authorize the City Manager to Approve an Increase of $8,000 (Amendment No. 3) to the Professional Services Agreement with SJC3 Consultants for an Amount Not -to -Exceed $38,000 to Administer the City's Home Improvement Program (HIP) for FY 2013- 14. Recommended Action: Authorize. Requested by: City Manager 6.12 Adopt Resolution No. 2014 -XX: Approving the Application for Land and Water Conservation Fund for the Pantera Park Trail Access Development. Recommended Action: Adopt. Requested by: Community Services Department. 6.13 Approval of Assignment of Grand View Trail and Grand View Trail Link Design Contract from TKE Engineering to ICG, Inc. Recommended Action: Approve. January 21, 2014 PAGE 5 Requested by: Community Services Department 6.14 Adopt Resolution No. 2014 -XX: Establishing an Approved Vendor List as Defined by Ordinance No. 05(2006) to be in Effect from February 1, 2014 Until January 31, 2015. Recommended Action: Adopt. Requested by: Finance Department 6.15 Appropriate $156,613 from General Fund Reserves; Award a Contract to Hardy & Harper, Inc. in the Amount of $142,376 and Authorize a 10% Contingency ($14,237) for Removal of parkway curbs throughout the City. Recommended Action: Appropriate and Approve. Requested by: City Manager/Public Works Department 6.16 Approval of Notice of Completion for Median Modification for: (a) Tyner Paving — Median Modification Project at Grand Avenue and Summitridge Drive. (b) Tyner Paving - Median Modification Project at Diamond Bar Boulevard and Silver Hawk Drive. Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2014 -XX: Adopting the 2013-21 Housing Element Update (General Plan Amendment No.2013-550). Recommended Action: Receive Staff's Report; Open the Public Hearing, Receive Public Testimony; Close the Public Hearing; Discussion and Adoption. Requested by: Community Development Department January 21, 2014 PAGE 6 7,2 Ordinance No. 0X(2014): An Ordinance of the City Council Establishing the "C-3"- PD/Hotel" Overlay Zoning District and Amending the Official Zoning Map to Change the Zoning Designation from "C-3" to "C-3-PDIHotel Overlay" on those Parcels in the City of Diamond Bar Bounded by Grand Avenue, Old Brea Canyon Road and California State Route 57160 (APNs 8719-020-001, 8719-020-006 and 8719-020-007). Recommended Action: Receive Staff's report, Open the Public Hearing, Close the Public Hearing, Discussion and Approval for First Reading by Title Only, Waiving Full Reading of Ordinance No. OX (2014). Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Adopt Urgency Ordinance No. OX (2014): Repealing Chapter 8.26 of the Diamond Bar Municipal Code and Prohibiting the Operation and Establishment of Medical Marijuana Dispensaries. Recommended Action: Adopt. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Tonight's meeting will be adjourned in memory of Public Works Director David Liu's Father Yu Liu, and Dr. Jeff Lowe. Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 17, 2013 CLOSED SESSION: 6:00 p.m., Room CC -8 (canceled) Public Comments: None ► Government Code §54956.8 Conference with Real Property Negotiators Property: Brea Canyon Road and Diamond Bar Boulevard (City owned 1 acre) Negotiator: City Manager CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Tye led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church of Diamond Bar, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka,. Mayor Pro Tem Tye and Mayor Herrera. STAFF PRESENT: James DeStefano, City Manager; David Doyle, Assistant City Manager; David DeBerry, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the City Manager; Marsha Roa, Public Information Manager; Kimberly Young, Associate Engineer Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Anthony Santos, Senior Management Analyst; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by Captain Jeff Scroggin from the Diamond Bar/Walnut Sheriff's Station who spoke about home invasions and the City's crime statistics. C/Chang asked Captain Scroggin to explain how residents should react when approached by individuals who are dressed as deputies as in the case of the recent home invasion perpetrators. Captain Scroggin reiterated that those events are very, very infrequent (police imposters). Deputies are easily identified by professional dress. Residents should look out their window to determine whether there is a DECEMBER 17, 2013 PAGE 2 CITY COUNCIL patrol car parked at the curb and should be shown identification prior to entry. In addition, residents should call the Sheriff's Department to make certain that there is legal business pending at their residence by calling 911 or the business line. 1.2 Lt. Tachias introduced Sheriff's Deputy Heidy Villasenor, Special Assignment Deputy. 1.3 City Council Presented a Certificate of Recognition to "Report for Reward" Recipient Barbara Decarbo for providing information that aided in the arrest of burglary suspects. 1.4 City Council presented Certificates of Recognition to Editor Krystal Spindler and Kirsten Khory, Layout and Graphic Designer for their outstanding work with The Windmill Magazine. Continued from December 3, 2013), Kirsten Khory was unavailable. BUSINESS OF THE MONTH: 1.5 MPT/Tye and City Council presented a City Tile to Sam and Abby Baskar, new owners of Mr. G's Pizzeria & Pasta, 2767 S. Diamond Bar Boulevard, as business of the Month for December 2013. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Overview of year long schedule of activities planned in recognition of Diamond Bar's 25 years of cityhood in 2014. CMIDeStefano stated that the City of Diamond Bar celebrates 25 years of cityhood in 2014. Staff has a long line of activities planned throughout the year. He introduced PIMIRoa who presented an overview of the activities. PIMIRoa stated that in celebration of 25 years of cityhood, events and activities have been planned for 2014 beginning with the 25th Anniversary Commemorative Logo featured on the City's monthly newsletter. Beginning January 2014 and throughout the year this logo will become a prominent fixture throughout the community by way of street light pole banners at various intersections near city facilities and along major boulevards. The commemorative logo will also emblazon City vehicles, fire engines, city letterhead and merchandise for sale such as tee shirts and mugs as well as, giveaways at special events. Because the City already holds several popular events it was natural to expand them to tie into the anniversary. For instance, the State of the City event in March will feature a 20 minute video depicting the City's history. The City Birthday Party in April will feature extended hours of operation, a second stage, strolling entertainment and photo opportunities with historic themes throughout the park. DECEMBER 17, 2013 PAGE 3 CITY COUNCIL The 4th of July returns to Diamond Bar next year and will include additional fireworks and like the birthday party, there will be much more to see and do. Concerts in the Park will include an extra concert with the 1980's music theme celebrating the year of the City's incorporation. In addition to the annual events, there are several new one-time events planned which include a Bridal Show at the Diamond Bar Center on March 23 (the 10th anniversary of the facility's grand opening), a special themed event at the Bark Park featuring an array of vendors and service providers as well as, demonstrations for dogs and their owners to enjoy. There are also a few activities specifically designed around Diamond Bar's history including designing the April edition of the City News as a Commemorative Anniversary Edition with information about the City's history — its early beginnings forward to its incorporation. There will also be a Time Capsule which will invite the community to contribute and suggest items for inclusion displayed at City Hall and opened during the City's Golden 50th Anniversary in 2039. The first floor of City Hall will be the location of a wall-to-wall mural depicting a timeline of the City's history from the early 1800's to incorporation as well as, a rotating display of various historical items, some of which were donated by community members. Once completed (fall of 2014) it will become a location for residents and visitors to learn about the history of Diamond Bar. To close out the year, Diamond Bar will have its history and first 25 years of cityhood captured in a book that will be published as part of the Images of America series. In order to make the anniversary a truly community -inclusive celebration, the 25th Ambassador Program has been launched, a program that is open to all Diamond Bar community organizations and businesses. Participation is free and requires very little effort. Briefly, the role of an ambassador is to assist with the event promotion and to add to the schedule of anniversary events by branding their own events or promotions with the City's Anniversary Logo. In exchange for their support, ambassadors receive free promotion of their events on the City's website and may request a City staff member to operate in the booth furnishing 25th themed giveaways at one of their special events. There are already a few individuals who have signed up for the program and the City needs to push to expand that list. Once the program is officially rolled out in January the ambassadors will be given special decals to display on their storefronts as well as, lapel pins to wear identifying them as go -to sources for information related to the City's 25th Anniversary Celebration. More details of events will be provided in the coming months and the City's website will have detailed information about everything planned for the 25th Anniversary. The dedicated web page can easily be accessed using the friendly URL www.diamondbarca.govldb25 DECEMBER 17, 2013 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Allen Wilson thanked the City Attorney's email response and CCICribbins for answering questions regarding City issues. He said he sent an email to CMIDeStefano regarding the Diamond Bar Honda site seeking background information on the rezoning of a property. Pui-Ching Ho, Diamond Bar Librarian, announced that Santa will be at the Diamond Bar Library on Saturday, December 21 from 1:00 to 2:00 p.m. after which there will be a Holiday Music Program with music performed by Clint Perry. Beginning January 2, 2014 the Diamond Bar Library will be open one hour earlier Monday through Thursday. The new hours are 11:00 a.m. to 9:00 p.m. Monday through Thursday, Friday/Saturday 10:00 a.m. to 5:00 p.m. On behalf of the Diamond Bar Library she wished everyone the best Holiday Season. RESPONSE TO PUBLIC COMMENTS: CMIDeStefano stated that with respect to Mr. Wilson's comments regarding the property formerly known as the Honda Dealership, the email he thought he sent to Mr. Wilson actually was sent back to him. He read his email response dated 12:08 p.m. December 13: "By State law, a city sets policy for all land use decisions within the incorporated boundary and the city's sphere of influence. Therefore, yes, it is the City that is indeed the applicant (in this instance) and a recent example of where the City of Diamond Bar was an applicant for a land use application was the Tres Hermanos rezoning that took place a couple of months ago wherein the City was the applicant and the interested party behind changing hat land use category to the one the City Council approved". Mr. Wilson asked in his email whether or not it was typically more likely that a property owner or developer would be an applicant for a zone change and often, that is the case, but often, it is the City because the City sets the land use policy for the community and sets the tone for what specific uses will take place on any given piece of property". A question was raised about whether the applicantlprope rty owner would pay for those fees and the answer is "Yes", if the City was the applicant (in this case it is) the City is processing and paying for all of the costs associated with the application, and it is the City Council that makes the final land use decision. The Community Development Department will present the Honda property project to the City's Planning Commission on Thursday, December 19 during its special meeting (regular meeting December 24 canceled) and when the Planning Commission's Public Hearing draws to a conclusion it will forward its recommendation to the City Council and the City Council will. likely take action no sooner than the end of January 2014 and most likely in February. Again, the City Council is the final decision maker on all land use matters and certain development entitlement matters like those before the Council later this evening with Site D. This is a very transparent process on a very isolated piece of DECEMBER 17, 2013 PAGE 5 CITY COUNCIL property and as part of the process there is a large sign on the property that identifies the rezoning proposal. The information is on the City's website and is found at the usual notification places including the Library. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Special Planning Commission Meeting — December 19, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5,2 Planning Commission Meeting — December 24, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Canceled) 5.3 Christmas Holiday — December 24 and 25, 2013 — City Offices closed in Observance of the Christmas Holiday. City Offices reopen Thursday, December 26, 2013 at 7:30 a.m. 5.4 Holiday Tree Curbside Collection Program — December 26, 2013 through January 10, 2014. Trees free of stands, decorations and flocking may be left at the curb for free pickup during this period. Any tree over 6 feet must be cut in half. 5.5 Late Night Transit Pass Sale — Thursday, December 26, 2013 — until 7:00 p.m., Diamond Bar City Hall, 21810 Copley Drive. 5.6 Parks and Recreation Commission Meeting — December 26, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Canceled). 5.7 New Year's Holiday — January 1, 2014 — City Offices closed Wednesday, January 1, 2014 in observance of the New Year's Day. City Offices reopen Thursday, January 2, 2014. 5.8 City Council Meeting — January 7, 2014 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive (canceled) 5.9 Traffic and Transportation Commission Meeting — January 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive, 5.10 Planning Commission Meeting — January 14, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 Winter Snow Fest— January 18, 2014 — 10:00 a.m. to 4:00 p.m. — Pantera Park, 738 Pantera Drive. DECEMBER 17, 2013 PAGE 6 CITY COUNCIL R 7 CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of December 3, 2013 —As submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of October 24, 2013. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of October 22, 2013. 6.3.2 Regular Meeting of November 12, 2013. 6.4 RATIFIED CHECK REGISTER — Dated November 28, 2013 through December 11, 2013 totaling $455,518.75. 6.5 APPROVED ADJOURNING THE JANUARY 7, 2014 CITY COUNCIL MEETING TO JANUARY 21, 2014. 6.6 ADOPTED ORDINANCE NO. 14(2013): AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS. 6.7 REPROGRAMMED CONTINGENCY FUNDS FROM DIAMOND BAR CENTER REMODEL PROJECT ($20,000) TO DIAMOND BAR CENTER MAINTENANCE AND OPERATION BUDGET. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2013-35: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCLUDING $201,787 IN FISCAL YEAR 2014-15 FUNDS AND $11,504 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $213,291. ACM/Doyle presented staff's report requesting Adoption of Resolution No. 2013-35: Approving the Community Development Block Grant Program including $201,787 in Fiscal Year 2014-15 Funds and $11,504 from unallocated Balance of Funds for a total amount of $213,291. The DECEMBER 17, 2013 PAGE 7 CITY COUNCIL Community Development Block Grant Program is a federally funded program, for which funds are provided by the federal government through the County of Los Angeles Community Development Commission to the City. The primary goal of the program is to provide for the development of viable urban communities by providing decent housing, suitable living environments and expanding economic opportunities, principally to persons of low and moderate income. Eligible CDGB projects are those that meet one of the following national objectives for the program: Benefiting low and moderate income persons or those that are presumed to be low to moderate income which would include the disabled and/or the elderly. This is the primary way in which Diamond Bar spends its funds. The other national project objectives for the program are addressing slums or blight, and meeting a particularly urgent community development need. In addition, projects must meet one of the eligible activity criteria or category which includes acquisition of real property; acquisition, construction or rehabilitation of public facilities; acquisition of deteriorated buildings; community service for low and moderate income households; and, removal of barriers that restrict the mobility for the elderly and/or disabled. As part of the project/program presentation this evening, the City is obligated by requirements through CDC to talk about the funding for the current fiscal year. Last year at this time, the City Council allocated $301,190 and those funds were used for a variety of services. Community Development Block Grants can be thought of in two major categories: 1) Public Services and 2) Public Works. There is a cap on how much money can be spent on public services which is 15 percent of the total allocation. Historically, Diamond Bar has utilized those funds for two major programs: 1) Senior Programs operated out of the Diamond Bar Center and, 2) the YMCA to benefit low to moderate income children in afterschool programs. In the current Fiscal Year the City is doing a number of different programs with the remainder of the funds which includes the Home Improvement Program ($150,000) for low to moderate income families. This year one of the projects recently completed is the ADA Handicap ramp at the Bark Park which was eligible for CDGB funds and, a staircase which was not eligible for CDGB funding. For 2014-15 the allocation is dwindling. Diamond Bar is receiving less money than it did for the current year which is a trend that has continued over the past several years. Next year the City looks forward to receiving $201,787; staff is asking the City Council to allocate an additional $11,504 of unused fund balance for a total allocation of $213,291 project dollars split between Public Service projects (capped at 15 percent of the allocation). Staff recommends that these funds be used for the Senior Program and the YMCA. DECEMBER 17, 2013 PAGE 8 CITY COUNCIL ACM/Doyle reported that this year staff received an application from the Community Garden. He met with members of the group at the site and believes it is a very worthwhile project under the guidance of the Diamond Bar United Church of Christ. Unfortunately, due to the limitation of CDBG funds and the minimum allocation of $10,000 per project, it would require the City to lessen funds to the other groups so at this time, staff is not recommending funding be provided. Staff is; however recommending the City work with the Community Garden to promote their programs and hopefully generate private donations. Public Works projects will take up the balance of the funding of $171,519 of new funds and $11,504 of the unallocated balance for a total of $183,000. Staff is recommending $100,000 for the Home Improvement Program and $83,000 for Sidewalk Improvements. There is an additional request for completion of the design at Stardust Mini Park and Longview South in the amount of $180,000; unfortunately, the City does not have the funds available to satisfy that request. C/Lyons asked how the low and moderate income individuals are identified for day camp families. ACM/Doyle explained that the YMCA provides documentation to the City. C/Lyons asked if there were any new programs accepted this year. ACM/Doyle stated that no new programs were accepted for Public Service. However, there are Public Works programs that are new every year. Public Service projects were much more heavily funded in years past but the CDC initiated caps on those programs which restricted the cities' ability to fund those programs. Individuals do not necessarily receive "discounted" childcare, the funds are provided to the YMCA for childcare and the City is provided with the number of low and moderate income students that participate in that program. M/Herrera further explained that there were no new programs recommended for Public Service funding. MlHerrera opened the Public Hearing at 7:28 p.m. Bill Flournoy, Diamond Bar Unified Church of Christ, member of the Community Garden Planning Committee and retired Southern California Edison Engineer, said he understood that staff was not recommending the Community Garden for funding. Although the Federal and County requirements are onerous he did not believe it would disqualify the program for funds. Staff's report indicates there are insufficient CDBG funds to fund the program this year and the proposed allocation for the Public Service CDBG funds would be reduced if a new program was DECEMBER 17, 2013 PAGE 9 CITY COUNCIL added. He suggested that consideration be given for funding this project in the future, perhaps with a more equitable distribution of Public Service funds. The Planning Committee believes the grant application makes a convincing case for the benefits and merits of such a project within the City and Diamond Bar is one of the few progressive cities that do not have a community garden. There is an ideal site designated by the church which would principally benefit low and moderate income families. The startup of a Community Garden requires funding for land clearing, water supply, fencing, raised beds, gardening tools and other elements. The grant request was for a one-time request for startup funds after which the Community Garden would be self-sustaining with nominal plot rentals covering the cost of water and ongoing replacement of supplies. The organization is pursuing other fundraising opportunities and realizes that this is a new and different kind of project seeking grant funding but it would attract a measure of visibility, excitement and support from a large segment of the community and the City could take credit for an environmentally -friendly and community building project. The Community Garden will serve the same underserved low income population as the other organizations and would complement their work rather than compete with them. M/Herrera closed the Public Hearing at 7:34 p.m. ClLyons asked if there was an alternative to assisting the group through grant writing. ACM/Doyle said he discussed that with the group and said that staff would be on the lookout for those types of grants. At this time he is not aware of any such grants but certainly there is an opportunity to explore that option with other cities that have these types of facilities as well as, the ability for the City to promote the project and give them visibility within the community for purposes of private funding. ClLyons moved, C/Tanaka seconded, to Adopt Resolution No. 2013-35: Approving the Community Development Block Grant Program including $201,787 in Fiscal Year 2014-15 Funds and $11,504 from Unallocated Balance of Funds for the Total Amount of $213,291. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 17, 2013 PAGE 10 CITY COUNCIL 8. COUNCIL CONSIDERATION; 8.1 WILLOW HEIGHTS: VESTING TENTATIVE TRACT MAP NO. 72295; DEVELOPMENT REVIEW; AND, TREE PERMIT (PLANNING CASE NO. PL 2013-229). (Continued from December 3, 2013) CMIDeStefano stated that this is a land use entitlement request that is before the Council with a recommendation from the Planning Commission. This matter was introduced during a City Council Public Hearing on November 19. The Public Hearing was closed on November 19 and the matter was continued to December 3. At the request of the applicant, Lennar Homes, the matter was continued from that date to tonight's meeting. CDDIGubman stated that this matter was first presented to the City Council on November 19. At that time he provided a detailed overview of the proposed Willow Heights project covering all aspects of the residential community and the adjoining neighborhood park. The City Council closed the Public Hearing and continued the matter to December 3 with direction to staff to research the possibility of covering the County Flood Control Channel that cuts through the proposed park site. Staff prepared a detailed report of its findings which was published as part of the December 3 City Council packet. Prior to the December 3 meeting, the applicant, Lennar Homes, expressed concerns about the time and certainty, cost and other permitting complications that a requirement to cover the channel would add to the project. In light of these concerns, Lennar requested a continuance to this evening. During the intervening two weeks, Lennar approached the City with a proposal to make a contribution to the City Park and Facility Development Fund in lieu of covering the channel. Through negotiations with the City Manager the dollar amount eventually agreed to was $700,000. Staff recommends approval of this contribution in lieu of covering the channel in order to avoid the uncertainty related to seeking a channel covering permit through the LA County Public Works Department Flood Control District. More specifically, staff recommends that a new condition be inserted between current conditions 4 and 5 on Page 16 of the November 19 resolution originally submitted as part of the agenda packet to read: "The applicant has voluntarily agreed to make a one-time contribution to the City's Park and Facility Development Fund in the amount of $700,000. Accordingly, the applicant shall remit such contribution in 182 installments of $3,846.15. Each installment shall be paid upon the issuance of a building permit for a new dwelling unit". Although the Public Hearing closed on November 19 and the focus since that date has been on the channel issue, Lennar, Community Development staff and CDDIGubman would be pleased to answer any DECEMBER 17, 2013 PAGE 11 CITY COUNCIL questions the Council may have about any aspect of the proposed Willow Heights project. Recommended Action: There are four options for the Council to consider which are described below: 1. If the Council chooses to approve the project as previously submitted, adopt Resolution No. 2013-36 approving the Vesting Tentative Tract Map, Development Review and Tree Permit for Planning Case No. PL2013-229, to allow the subdivision for the development of 182 for - sale dwelling units and a 2.5 net acre neighborhood public park, based on the findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110, subject to conditions of approval as listed within the draft resolution; or, 2. Direct the applicant to revise plans to include covering the channel with landscape improvements and continue the item to a specified date to allow the applicant additional time to submit revised plans and studies. Upon submittal of the required information, staff will complete the environmental assessment associated with the impacts of covering the channel and prepare a revised resolution for Council's consideration; or, 3. Remand the project to the Planning Commission with specific direction from the City Council; or, 4. Deny the Vesting Tentative Tract Map, Development Review, and Tree Permit, specifically identifying the reasons the required findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110 cannot be made. C/Chang asked how Lennar arrived at the amount of $700,000. CDDIGubman reiterated that it was through negotiations with the City Manager's office. Geoff Smith, Lennar Homes, stated that as CDDIGubman mentioned Lennar has worked with City staff over the past several weeks to understand, per the Council's request, the concept of covering the channel. Lennar found it needed additional time to fully understand what that entailed and what Lennar's options might be which prompted a request for a continuance from December 3 to this evening. He thanked the City Council for its patience. Lennar's research and City staff's research yielded the same result and Lennar believes that it has come to a very common approach to address this issue that would benefit all parties especially the community. Lennar is very excited about moving forward with Willow Heights and honored to be a party that can execute DECEMBER 17, 2013 PAGE 12 CITY COUNCIL the City's vision that has been in place since 2012. MlHerrera invited public comments on what is before the Council this evening, the matter of the proposed $700,000 donation by Lennar; however, no testimony would be received on any other topics included in this agenda item for which the Public Hearing was closed on November 19, 2013. Vinod Kashyap offered traffic photos to the City Council. He reiterated his concerns about a flawed EIR, and taxpayer money that is paying for this hard design. John Jones, Ambushers, said he researched the matter of covering the drainage channel and discovered that it would be a problem. After hearing about a negotiated donation of $700,000, he totally agrees with the proposal because it would give money to the City whether the City decided to cover the channel or not. With no further comments, MlHerrera closed public comments. MPTITye said that discussion regarding Site D commenced in December 2010 and at that time the discussion was whether it would be a hundred percent commercial, a hundred percent residential or 50150 and this process has been ongoing since that time. The process has been as transparent as anything he can think of every step of the way. Every public outreach that the City required of Lennar, the entire community was invited to participate, all of which is on record. He asked the question, for the record, what could be done about covering the flood channel. Covering the flood channel is a very expensive and time-consuming proposition. A great example of a covered flood control channel that one can visit is at the intersection of Imperial and Associated Road. Last week he spoke with Councilman Ron Garcia of Brea to compliment him on the job they had done. Councilman Garcia said "well, you see the final result, but you have no idea how much it cost and you have no idea how long it took us and all of the moving parts that were involved when you get the Flood Control Channel, Corps of Engineers and Fish and Game". At this point with the Willow Heights project it is too late to accomplish that. So he sincerely appreciates Lennar's effort to contribute to the Parks Fund. If the City Council chooses to spend that $700,000 toward covering the Flood Control Channel at some point, it can be done at that time. As he said at the meeting, he was not comfortable making the motion or making it a condition that they had to cover the channel because he did not know what was being asked of Lennar. He again said he appreciated Lennar's efforts, their investigation and information and he has a much DECEMBER 17, 2013 PAGE 13 CITY COUNCIL greater appreciation for what was involved. C/Tanaka said he felt that during the design process the park was designed the best that it could be considering what is available. MPT/Tye raised a question about the safety of pedestrians on the over bridge and possibility of injuries. He believed that Lennar and the City would design a plan to make certain that would not happen. He said he believes it was very generous of Lennar Homes to offer a contribution to the City's Park and Facility Fund. C/Chang said she believed the Site D process started prior to 2010. The City has solicited a great deal of input and the Council is now facing the question before it. MPT/Tye moved, C/Tanaka seconded, to Adopt Resolution No. 2013-36 approving the Vesting Tentative Tract Map, Development Review, and Tree Permit for Planning Case No. PL2013-229, to allow the subdivision for the development of 182 for -sale dwelling units and a 2.5 net acre neighborhood public park, based on the findings of DBMC Sections 21.20.080, 22.22.150, 22.48.040, and 22.38.110, subject to conditions of approval as listed within the draft resolution with the addition of a condition to the November 19 resolution added between Conditions 4 and 5, Page 6 to read: "The applicant has voluntarily agreed to make a one-time contribution to the City's Park and Facility Development Fund in the amount of $700,000. Accordingly, the applicant shall remit such contribution in 182 installments of $3,846.15. Each installment shall be paid upon the issuance of a building permit for a new dwelling unit". Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT RESOLUTION NO. 2013-37: CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. ORGANIZATION DELEGATE ALTERNATE California Contract Cities Association Lyons Tye Foothill Transit Board Herrera Lyons Four -Corners Transportation Policy Group Herrera Greater L.A. County Vector Control District Tye Tanaka Joint Powers Insurance Authority Tye DeStefano DECEMBER 17, 2013 PAGE 14 L.A. County Sanitation District No. 21 Herrera L.A. County City Selection Committee Herrera League of CA Cities -- L.A. County Division Tanaka San Gabriel Valley Council of Governments Herrera Southern California Assn of Governments (SCAG) Lyons Tres Hermanos Conservation Authority Herrera Wildlife Corridor Conservation Authority (WCCA) Tanaka STANDING COMMITTEES CITY COUNCIL Tye Tye Chang Lyons Chang Lyons Chang City Council Audit Committee Herrera Tye City Council Goals/City Manager Evaluation Herrera Tye Economic Development Herrera Lyons Industry East Development Advisory Committee Herrera Tye Legislative Herrera Chang Lighting/Landscape Assess Dist subcommittee Herrera Lyons Neighborhood Improvement Tanaka Lyons Public Safety Committee Herrera Tye Sphere of Influence/Annexation Herrera Tye LIAISON Chamber of Commerce Chang Tanaka Diamond Bar Community Foundation Chang Tanaka Library Chang Tanaka PUSDICity Chang Lyons Senior Citizen Tanaka Chang WVUSDICity Herrera Tye CM/DeStefano reminded M/Herrera that the Council needed to appoint a Delegate and Alternate for the Audit Committee which was approved by Council in 2013. MlHerrera stated that MlHerrera would be the Delegate and MPT/Tye the Alternate as indicated on the above chart under Standing Committees. C/Chang moved, C/Tanaka seconded, to Ratify City Council Committee Appointments and Adopted Resolution No. 2013-37: 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: Chang, Lyons, Tanaka, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 17, 2013 PAGE 15 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: ClTanaka reported that last Saturday he attended the Candy Cane Craft Fair at the Diamond Bar Center that boasted over 70 vendors, music, snacks and photos with Santa. That evening he celebrated with the Los Angeles County Indian -American Professional Association's Diwali Celebration and the following Tuesday he attended the Diamond Bar Senior's Christmas Luncheon featuring the Stylus Choir from Diamond Ranch High School. Tuesday he attended the Diamond Bar Public Safety luncheon that was held to thank the Sheriff's Department, Fire Department, Animal Control personnel and fingerprint specialist from the West Covina PD; on Wednesday afternoon December 11 he attended the Diamond Bar High School Denis R. Paul Aquatic Center Ribbon -Cutting Ceremony and Thursday he attended the Diamond Bar /Senior's Christmas Dinner Dance with 250 attendees. Saturday he attended the Diamond Ranch High School Breakfast with Santa and on Monday evening he attended the Volunteers on Patrol Newport Harbor Dinner Cruise thanking the volunteers for their countless hours of service to the City. He wished everyone a Merry Christmas and Happy New Year. ClChang reminded everyone that they can follow her on Twitter, Facebook and Foursquare. She missed the December 3 Council meeting because she was participating as a speaker at the Education Symposium. ClChang went on to thank ClTanaka for his service as Mayor during the past year and thanked former Council Member Ron Everett for his service to the City for the past seven years. She also congratulated ClLyons and MPT/Tye on their election and re-election and thanked MlHerrera for serving as Mayor. On December 5 she attended the League Legislative Action Day and Reception and on Tuesday attended the Public Safety Appreciation Luncheon and thanked the Public Safety employees for doing a great job. She attended the Denis R. Paul Aquatic Center Ribbon -Cutting Ceremony at Diamond Bar High School. When she attended Diamond Bar High School, Denis Paul was her grade level coordinator and it was great to see him being honored. ClChang also congratulated Krystal Spindler with The Windmill. The Diamond Bar Community Foundation has done a tremendous job with transition from the old to the new Windmill which has become a very popular publication. She thanked the Diamond Bar Community Foundation Board for being so supportive of that venture. She also thanked Barbara Decarbo for sharing her important story because she too believes it is important to get to know one's neighbors and to care for one another and participate in Neighborhood Watch. She wished everyone a Merry Christmas and Happy New Year. DECEMBER 17, 2013 PAGE 16 CITY COUNCIL C/Lyons said that much has been said about the beautiful swimming pool at Diamond Bar High School. It is by far the most beautiful public high school pool she has ever seen and encouraged her colleagues and staff to think about how the entire community could use the pool. Many cities including Glendora have partnerships with schools for use of pools. In her opinion, since the pool was paid for with property tax money, she would like to see the residents to have use of the pool while compensating the school for the ongoing costs. She is very pleased that the Lennar Homes project was approved. Conclusion of this property sale will truly improve the lives of 15,000 children in the Walnut Valley Unified School District and will mean that some 500 teachers and 200 plus employees will be able to work through the next year without furlough days. She wished everyone a Merry Christmas, Happy Holidays and Happy New Year. MPT/Tye reported that on Saturday he attended the Rotary Club Basket Assembly which he has been doing for the past eight years or so. Participants put together 250 baskets containing turkeys, produce, eggs, bread, etc. for very deserving families. He thanked Senator Bob Huff for his part in acquiring and making available the turkeys. The Denis R. Paul Aquatic Center Ribbon -Cutting Ceremony was a wonderful event. Principal Catherine Real did a terrific job and the Walnut Valley Unified School District Board did a terrific job and it was a terrific community event. He hoped that the City would have an opportunity to program that facility. Last night he participated in thanking the Volunteers at the annual Volunteers Appreciation Event for the thousands of hours they cumulatively give to the community. Diamond Bar is very grateful for what they do. This morning he and MlHerrera attended the Public Safety Committee meeting to hear from Captain Scroggin report on the many of the things that were reported during tonight's meeting. The City appreciates the Sheriff's Department and everything the officers do to keep Diamond Bar as safe as possible, but it does take someone like Barbara Decarbo being very diligent. The Sheriff's Department does not mind if they receive false alarm calls because they want to know that neighbors are watching out for neighbors, which is how the bad guys are caught. The committee heard from Chief Stone about efforts made to keep homes safe with brush clearance and from Rick Meza, Southern California Edison about their efforts with the Fire Department to minimize problems with electrical fires. He wished everyone a very Merry Christmas and a Happy and safe New Year. MlHerrera said she had also attended many of the meetings and events her colleagues spoke about this evening. Volunteers are such an asset to the City of Diamond Bar and she urged interested residents to sign up because it takes all of us to watch out for all of us. Unfortunately, Diamond Bar is a City dissected by two major freeways which makes it an easy target with easy access. Therefore, it is critical that everyone remain alert and report any strange activity. She thanked the Public Safety Officers present this evening to ensure a safe business DECEMBER 17, 2013 PAGE 17 CITY COUNCIL meeting. Residents value most highly Diamond Bar's Public Safety Officers, all of whom do such an extraordinary job putting their lives on the line. Diamond Bar is eternally grateful for their presence. She attended a Sanitation District meeting today. February 15 is the next Household Waste Pickup for Diamond Bar within the Gateway Corporate Center. Further details will be made available. She thanked everyone for attending tonight's meeting and wished everyone a very safe holiday season. This is the final business meeting for 2013. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 8:10 p.m. to January 21, 2014. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 12014 CAROL HERRERA, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING NOVEMBER 14, 2013 CALL TO ORDER: Chairman Mok called the meeting to order at 7.02 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Mahlke led the Pledge of Allegiance. ROLL CALL: Commissioners Ted Carrera, Peter Pirritano, .Vice. Chairman Jen "Fred" Mahlke, Chairman Kenneth Mok Absent: Commissioner Liana Pincher was excused. Also Present: David Liu, Public Works Director; Kimberly Young, Associate Engineer, Christian Malpica, Associate Engineer (Traffic), and Marcy Hilario, Administrative Coordinator. I. APPROVAL OF MINUTES: A. Minutes of the October 10, 2013 Regular Meeting C/Carrera moved, C/Pirritano seconded, to approve the Minutes of the October 10, 2013 meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS Carrera, Pirritano, Chair/Mok None VC/Mahlke Pincher II. PUBLIC COMMENTS: Chair/Mok introduced Jesse Morton, an engineer with Parsons who has expressed an interest in traffic and transportation and is here to observe tonight's meeting. NOVEMBER 14, 2013 PAGE 2 T&T COMMISSION ill. ITEMS FROM STAFF: A. Receive and File Traffic Enforcement'Updates for: 1. Citations: August, September and October 2013 2. Collisions: August, September and October 2013 3, Street Sweeping: August, September and October 2013 VC/Mahlke moved, C/Pirritano seconded, to receive and file the Traffic Enforcement Update reports for August, September and October 2013. Motion carried by the following Rall Call vote: AYES: NOES: ABSENT: IV. OL® BUSINESS: V. VI. NEW BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: None None STATUS OF PREVIOUS ACTION ITEMS: Carrera, Pirritano, VC/Mahlke, Chair/Mok None Pi.ncher C/Carrera asked for a follow up on the street sweeping inquiry. AE/Young responded that therehad been no further contact from the individual once staff explained that GIS data proved the sweepers were on his street as scheduled. VII. ITEMS FROM COMMISSIONERS: None Vlll. INFORMATIONAL ITEMS: A. CCTV Project AE/Malpica reported staff continues to work closely with its vendor and consultant to resolve some communication and possible damage issues north of Grand Avenue to Temple Avenue. The communications contractor conducted a test ori all of the fiber optic cable runs, switches and cabinets to determine any possible damage. Staff received a report that there are some items that need to be remedied including copper cable that may have been damaged by planned power outages. Staff forwarded the report to the maintenance contractor and asked him to provide the City with a quote for NOVEMBER 14, 2013 PAGE 3 T&T COMMISSION repair and if acceptable, the maintenance contractor will be asked to complete the repairs. B. Median Project at Grand Avenue and Summitridge Drive/Diamond Bar Boulevard at Silver Hawk AE/Malpica stated that the contractor commenced demolition work the week of November 4t". This week the contractor installed new cobblestone, curb and gutter, and temporary asphalt. Nextweekthe contractorwill laythe permanent asphalt, slurry seal, and restripin This project is scheduled to be completed during the week of November 25 h, prior to the Thanksgiving Holiday. Chair/Mok stated that he noticed the contractor appeared to be further along on Grand Avenue and Sum mitridge Drive than on Diamond Bar Boulevard and Silver Hawk Drive, and wondered if one or two crews were working the two areas. AEIMalpica responded that -in the beginning, there were two crews. Currently, there is one only. The crews worked faster than anticipated on the project and one crew will be able to finish next week. C/Carrera asked if these were the only two locations scheduled for this fiscal year. AEIMalpica responded "yes." PWD/Liu explained that Diamond Bar Boulevard at Kiowa Crest Drive is another location that is scheduled for work and he believes there are two more on the list for this fiscal year. C. Traffic Signal Operation and Maintenance Master Plans AE/Malpica reported that staff continues to work with the City's consultant on this plan. Staff received the draft plan and comments were provided to the consultant to make certain that whatever the final recommendations are, the final plan needs to include items that staff has agreed to and that are priorities. D_ Diamond Bar Traffic Responsive PlanlSystem AEIMalpica indicated that the system. is in place and activated. When the system reaches the 1000 vehicle threshold, it initializes the flash plan and replaces the time -of -day plans. Since its implementation in September, the system has, been triggered three times and has handled the traffic well. Chair/Mok asked if someone was managing the monitors upstairs should the system be triggered during tonight's meeting, as an example. PWD/Liu explained that on an hourly basis, if the number of vehicles per hour exceeds 1100, the special timing plan will automatically be initiated. As a point of reference, during typical peak -hour traffic at Grand Avenue and Diamond Bar Boulevard, the hourly volume is just shy of 1000. This program is automatic and does not require anyone to be present to manage it. C/Carrera asked how the traffic counts are taken. AE/Malpica explained that the system is able to catch speed and volume through the traffic sensor loops. NOVEMBER 14, 2013 PAGE 4 T&T COMMISSION E. NTMP — Castle Rock Road/Crooked Creek Drive Neighborhood AEIMalpica stated that the second neighborhood meeting was held last evening. At that time, staff introduced a Phase II improvement concept that included speed cushions, traffic enforcement and signage. The proposal was well received. The next step is to get the petition with signatures of at least 67 percent of impacted residents, the minimum required to move forward with the proposed improvements. Once the signatures have beenobtained and the petition presented to the City, staff will discuss the design concept plan with the consultant. Residents will be presented with the detailed design plan at the third neighborhood meeting. Once approved, the concept plan construction will move forward. C/Carrera commended PWD/Liu and AEIMalpica for the way they handled the Neighborhood Traffic Management Meetings and how they were able to focus a somewhat contentious group on options that are available, how the process is implemented and what the expected results are. F. ACE Fairway Drive Grade Separation Project AE/Malpica reported that staff attended -an ACE meeting on Tuesday, November 12:h for an update on the construction schedule. The right-of-way certification will be done in March 2014; the project will be advertised in July 2014; the construction contract will be approved November/December 2014; and construction is set to commence early April 2015 or June 2015. The construction period is estimated to be 42 months. One of the stipulations is that a temporary or permanent traffic signal at Walnut Avenue and Lemon Avenue will need to be installed. The City's traffic consultant conducted a warrant study and determined that the proposed intersection would require a full sized traffic signal at the T -Intersection. The next step will be to determine whether the City wants to move forward with a full-sized traffic signal which will require a discussion with ACE about design and budget. ACE is anticipating having the intersection traffic signal installed by December 2015. AE/Young stated that there is a proposal to install apartial diamond interchange at Lemon Avenue that consists of an SR -60 westbound on-ramp and eastbound off and on-ramp, which will result in the closure of the existing SR -60 eastbound on and off -ramp at Brea Canyon Road. Area businesses addressed their concerns to ACE regarding Fairway Drive access north and south once the grade separation closes the road. In an attempt to alleviate those concerns ACE relayed that Diamond Bar is installing on and off ramps at Lemon Avenue so businesses should be able to get freeway access at that location. However, staff had to make certain that the WB on and EB off ramps would be constructed before Fairway Drive is closed to traffic. Therefore, as part of the Tuesday meeting, the two project schedules were coordinated. If everything moves ahead smoothly for the Lemon Avenue Interchange project with respect to the right-of-way acquisitions, staff anticipates that construction will begin in 2015. Also, as part of the phasing of the project, the Phase I NOVEMBER 14, 2013 PAGE 5 T&T COMUSSION requirement for the contractorwill be to construct the westbound on-ramp and eastbound off -ramp first, which would give businesses the access they need once Fairway Drive closes forthe Grade Separation Project. That being said, the ACE project specs will include the statement that Fairway Drive cannot be closed until April 2015, which staff believes will be more than enough time for the contractor to complete the Phase I Lemon Avenue improvements. Beginning in 2015 and forward, for about three years, the community will certainly feel impacts by these projects; however, once these major capital improvement projects are completed, the overall circulation and traffic flow through the City of Diamond Bar will be much better. Staff will be working very closely with the public information staff and. Caltrans to make sure that people understand it may be a challenge driving through Diamond Bar: G. Area 1 B/Zone 7 Roadway Maintenance Project AENoung stated she was pleased to announce that this project has been completed. The deficient striping along Quail Summit Drive was.r-epaired with a third coat of striping and the deficient striping on Mountain Laurel Way, east of Diamond Bar Boulevard, was repaired with a full slurry seal and restripe, All punch list items have been completed. Staff is reviewing the final invoice and; once approved, a notice of completion will go to City Council on December -3rd. H. Southern California Edison Infrastructure Upgrades AENoung reported that the civil phase of the project has been completed with the trenching and installation of the conduits. Staff received word from Edison that they will begin pulling cable through the conduits next week. Scheduling indicates that this is at least -a three week project for all of the neighborhoods including Mountain Laurel Way, a small portion of Maple Hill Road near the elementary school, and the Sunset Crossing Road/Minnequa Drive neighborhood surrounding Diamond Point Elementary School. Once the cable pull phase is completed, the contractor will go back into the Sunset Crossing Road neighborhood and slurry seal over the areas of the street that are identified by an inspector and restripe all crosswalks and stop legends. No slurry seal was required in the neighborhoods surrounding Chaparral and Maple Hill Middle Schools at this time because this is part of next summer's road maintenance project. At that time, the entire neighborhood will receive specific road treatment based on the condition at that time. Chair/Mok asked if the power always goes off in areas of work when Edison is on-site. AENoung responded not necessarily. For example, when Edison is on-site next week, they will be pulling cable in the conduit. The switch -over will not be done until a later time, after Edison has been able to notify residents that power will be shut off. Residents and business are notified prior to any planned power outages. PWD/Liu added that when Edison feels the needs of the residents require continuous service, they bring in emergency generators to assist with the residential needs. NOVEMBER 14, 2013 PAGE 6 T&T COMMISSION IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. PWD/Liu explained that the December 3rd City Council meeting location is scheduled for the AQMD; however, if the Auditorium is not ready, the meeting will be held in the Windmill Room at Diamond Bar City Hall. In addition, the newest Council Member, Nancy Lyons, will be sworn in on December 3rd and outgoing Council Member Ron Everett will be recognized for his service. Chair/Mok wished everyone a Happy Thanksgiving Holiday and Happy Hanukkah. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mok adjourned the meeting at 7:38 p.m. 1-q i The foregoing minutes are hereby approved this ,` day of(�;'),sr 2014. r Respectfully, David Liu, Smeary Attest: d airman Kenneth Mok Agenda No. 6.3a MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 26, 2013 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ashok Dhingra, Jimmy Lin, Jack Shah, Vice Chairman Frank Farago, Chairman Tony Torng Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; John Douglas, Consultant; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: Vinod Kashyup spoke about Site D and a- Court of Appeals ruling on lead agencies abilities to delegate CEQA decision-making authority. He asked that the Planning Commission look at the ruling and request that the information be passed along to the City Attorney for his input. In his opinion, the Planning Commission does not have the authority to be a decision-making body. He believes the -Planning Commission's job is to mane a recommendation --and if it is making a decision, under CEQA it does not have the authority to give certification to the EIR. If this ruling is applicable to Site D, the EIR for Site D is improper. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the November 12 2013 Regular Meetin . C/Dhingra moved, VC/Farago seconded, to approve the November 12, 2013, regular meeting minutes as presented- Motion carried by the following Roll Call vote: AYES: COMMISSIONERS- Dhingra, Lin, Shah, VCI Farago, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NOVEMBER 26, 2013 PAGE 2 PLANNING COMMISSION 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS): 7.1 General Plan Amendment No. PL2013-550 - 2013-2021 Housing Element Update -- Pursuant to state law and the Diamond Bar Municipal Code, the proposed project is the update to the General Plan Housing Element for the 2013-2021 planning period. PROJECT ADDRESS: Citywide LEAD AGENCY: City of Diamond Bar Community Development Department 21810 Copley Drive Diamond Bar, CA 91765 John Douglas, Consultant, presented staff's report and recommended that the Planning Commission recommend City Council approval of the General Plan Housing Element Amendment for the 2013-2021 planning period. The draft Housing Element is with HCD for its 60 -day review which ends on January 14, 2014. C/Dhingra asked for staff to point out the boundaries of the Tres Hermanos property. CDD/Gubman pointed out Grand Avenue, Chino Hills Parkway, the easterly City limits at Longview Drive/Summitridge Drive. The area north of Grand Avenue as one leaves the City limits moving north it becomes Chino Hills' portion of Tres Hermanos (1700 acres). ClDhingra asked if the land lies within the City limits or is it in the City's sphere of influence (No. 7) and CDDIGubman stated that the area is completely within the corporate boundaries of Diamond Bar. ClDhingra asked for the definition of low and very low income. Mr. Douglas responded that state law defines what those terms mean. The actual income level is based on the median income of the county (Los Angeles) and very low refers to 50 percent of the median income and low income refers to between 50 and 80 percent of the median income. C/Dhingra stated that regardless of the action on this site he personally felt that if the City's General Plan was last done in 1995 it is about time to NOVEMBER 26, 2013 PAGE 3 PLANNING COMMISSION start thinking about putting it on the front burner because the City has matured quite a bit during the last 20 plus years. CILin thanked Mr. Douglas for his report. He asked for a definition of the non -family housing category listed in Table 2-20. Mr. Douglas explained that the definitions come from the US Census Bureau which considers a "family" household to have related people living together. (blood, marriage, adoption). Non -family households mean that it is one single person living by himself or two or more people that are not related. CILin asked for confirmation that 15 percent of the housing in Diamond Bar is. non -family housing and Mr. Douglas responded "yes." CILin asked why non -Hispanic and Latino populations are singled'out and Mr. Douglas responded that it is simply because it is --a'- commonly reported statistic of the ethnicity of a city. ChairfTorng asked if that was because of the large number of Hispanics in Los Angeles County and Mr. Douglas responded that it may be part of the reason; however, historically the Census Bureau has looked at racial categories but Hispanic is not considered a "racial" category but an "ethnic" category by the Census Bureau. CILin said that demographic growth patterns have declined in Diamond Bar over the past 13 years so if past trends are used that would indicate to him that no additional housing units are required for Diamond Bar. Mr. Douglas responded that CILin's observation is one of the common complaints whenever SCAG conducts the RHNA process. Many communities such as Diamond Bar do not have much vacant land available, but SCAG believes that growth can happen not only on vacant land but also on land that is suitable for redevelopment. As time goes by, in Southern California an increase in the percentage of residential growth is happening not on vacant land, but on industrial, or commercial land that is no longer suitable or economically viable for those uses, and that is why SCAG assigns communities like Diamond Bar substantial growth needs from a housing standpoint. ClDhingra said that .SCAG is usually over_optimistic with respect to traffic patterns, water needs, energy needs, etc. CILin said he thought that the Tres Hermanos approval was a mandate. Mr. Douglas explained that it is a mandate for zoning but not for development. State Law requires cities to have zoning in place that could accommodate development of low-income housing. However, in order for that to happen there must be an interested property owner, interested NOVEMBER 26, 2013 PACE 4 PLANNING COMMISSION developer and source of funding subsidies. States recognize that cities do not have control over those things but do have control over the zoning. The state says that to create the opportunity for low-income housing, cities need to zone land where 30 -units per acre density is allowed and once cities do that, they have satisfied their obligation and then it is up to developers, landowners and grant funding sources to put the pieces together so that housing actually gets built. C/Shah said that during a previous Commission meeting people talked about the selection of the Tres Hermanos property and people were told that there were other sites within the City so various sites could be used to satisfy the requirement and wanted to know what happened to that scenario. Mr. Douglas reiterated that the key problem is one of timing regarding mandates of CEQA review and state mandates regarding public participation, public meetings, etc. Even if a city knew exactly what it wanted to do in terms of zoning, there are required steps in the process that take time. During the past year, the number one priority for the City was implementing requirements from the previous planning period so that the City could remain in compliance with Housing Element law and avoid a carryover of the previous cycle's RHNA requirement into the new cycle. The previous cycle's requirement for rezoning was about 466 units. There is a requirement to accommodate -490 units in the new planning period. So if the City had not adopted a zone change when it did, the discussion would be about zoning for over 900 units rather than the 490 for which the City rezoned. As soon as that was done staff turned its attention to immediately preparing this Draft Housing Element, a fairly laborious task, and taking into consideration the deadline of February determining how much time it would take to get consensus on which property to rezone, to do CEQA analysis and also to do the required public hearing process, the City would have had to start that process a year or year and one-half ago to make the zoning change in time -for this housing element to be adopted. When the matter of splitting the `"designated areas was discussed, he believed everyone understood thai it would be a valuable exercise but there was not sufficient time to do- "o for this planning period so the Tres Hermanos option was recognized as the best option for maintaining the Housing Element compliance and avoiding having to rezone for twice the number of units. C/Shah said he understood the time constraints but the promise made to the public was when the City entered the new planning period (2013-2021) the City would ;look into having more than one site and he is confused about what is going on. CDD/Gubman stated that as the City's land use advisor, when the City reaches the budget discussion cycle he has Drought up the issue of setting funds aside to fund a comprehensive General Plan update. When the Tres Hermanos zone NOVEMBER 26, 2013 PAGE 5 PLANNING COMMISSION change effort reached the public hearings and the City made the commitment to look at alternative sites he had not yet made the connection between that and the comprehensive General Plan effort that he is closer to getting the City to buy into. When one realizes the General Plan will be 20 years old in 2015 and the City has an obligation to comprehensively update the General Plan, it makes more sense to look at the alternative sites as part of that comprehensive General Plan update from a budgeting and efficiency standpoint, as well as the fact that the City would be able to deal with the "big picture" of all of the land use policies to really begin to define those alternative sites and. how to craft new and more contemporary goals, objectives and policies to allow those alternative sites. For example, one of the alternative locations raised during the Tres Hermanos EIR discussion was the infill industrial sites that are located in the vicinity of Brea Canyon Road, Lemon Avenue and generally, north of Golden Springs Drive. Those are sites whose useful lives are probably winding down and in light of the fact that there is a Metrolink station nearby, it starts to form the vision that the City needs to start planning for the repurposing of that area and, through the General Plan update the City can craft some very feasible and foreseeable policies and standards to allow for higher density housing for that area in mixed- use and transit -oriented developments. By incorporating the commitment to find alternative sites to take pressure off of Tres Hermanos, the comprehensive General Plan update is really the best tool. Staff is working toward embarking on planning the General Plan update early on for the upcoming Housing Element cycle. In short, staff is moving forward with the commitment to look at alternative sites during the process of updating the General Plan as soon as possible after the current proposal to update the Housing Element is adopted and approved. VC/Farago asked what the City's options would be to revising the zoning and General Plan should a developer approach the City to develop the Tres Hermanos property. CDDIGubman responded that if a developer came forward with a proposal to construct high-density (lousing elsewhere and that development proposal was processed, it would require its own General Plan Land Use Element amendment, zone change and a subsequent approval of the project. That would create a surplus of available land for the higher density zoning so there would be an opportunity to rezone the Tres Hermanos site and at least reduce the total acreage to meet the RHNA number. The concentration of units on the Tres Hermanos site would not be a focus. In order to do that there would have to be a mid-term Housing Element update that receives state HCD approval. Since the City is not faced with any deadline or mandate to COMMISSIOE 14OVEMBER 26, 2013 PAGE 6 PLANNING have a Certified Housing Element because it has already been certified it would be a request of HCD rather than a proposal to fulfill their demands. Mr. Douglas said that the Tres Hermanos property is owned by the City of Industry and is part of a larger property that includes portions that reside within Diamond Bar and Chino Hills. There have been discussions over the years among those three agencies about a master planning effort for the entire Tres Hermanos property and it seems more likely that a master plan would be developed for the entire Tres Hermanos area rather than just one piece. VC/Farago said that if the City were to do a comprehensive review/revision of the General Plan and include alternative sites to take the place of the Tres Hermanos high density zoning, how long will it take to get that plan and could someone come in with a proposal to develop that site in the meantime. CDD/Gubman stated that a General Plan update process will take about three years, Mr. Douglas stated that in terms of a General Plan update, the Housing Element is a fairly brief process. The state has 60 days to review the draft and after the review the City presents the adopted plan. Once the City determined what property it wanted to rezone, the Housing Element could be done concurrently and would not extend the timeline beyond the three years. Chair/Torng opened the public hearing. Vinod Kashyup stated that Tres Hermanos was purchased to build a reservoir for Tonner Canyon. For lack of planning for the past 15 years it now becomes a matter of urgency to build low-income housing. Denny Mosher, Chairman of the Pomona Planning Commission, speaking as a private citizen, said he was very concerned about the urgency of this matter and what will happen if a developer comes forward. Chair/Torng closed the public hearing. C/Shah asked if the consequence of delaying this process for further study would be 900 units and Mr. Douglas responded no, that the consequence of delaying would be that the City would be required to process an amendment to the Housing Element four years from now rather than having the Housing Element not to be required to be updated eight years from now which means that the City would be required to review its NOVEMBER 26, 2013 PAGE 7' PLANNING COMMISSION Housing Element twice as often as it does at this time. It would not affect the number of units for high-density. C/Shah asked what it would mean to the City if the update was not adopted at this time. Mr. Douglas responded that there is an explicit requirement in state law establishing a firm deadline and penalty for missing the deadline. The penalty is the City being required to do Housing Elements twice as often for the next couple of cycles. So if the City Council were to delay, the City would automatically be put on a four-year cycle and the City would be required to go through the update process and submit to HCD four years from now. C/Dhingra commented that in his view, the hierarchy of law has been established. As Mr. Douglas explained, it is the state to SCAG to the City and County. Within that arena of hierarchy he commented that SCAG is more optimistic. When one looks at this situation there is a need to be more optimistic. The idea is to plan for the worst-case scenario and not the best -case scenario whether it be a matter of more population, more water, more traffic, etc. In light of the discussion alluded to earlier he believes that the General Plan update would give the City more "teeth" in doing what the City intends and wants to do relative to low-income housing. He would hate for the City to have to go on a four-year cycle for a Housing Element update but he would like to recommend and suggest that when a motion is made for approval or disapproval of this item, at that time a concurrent recommendation be sent to the City Council that the City immediately start looking at updating the General Plan. ACA/Eggart said that the motions could be presented separately -or combined as one. C/Lin said he felt comfortable in approving the amendment and agreed with ClDhingra that a separate motion would send a strong message to the City Council that the General Plan update process needs to begin as soon as possible. C/Lin moved, C/Shah seconded to recommend City Council approval of the General Plan Housing Element Amendment for the 2013-2021 planning period. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Dhingra, Lin, Shah, VC/ Farago, Chair/Torng None None NOVEMBER 26, 2013 !,AGE 8 PLANNINGCOMMISSION CILin moved, C/Shah seconded, to recommend that the City Council direct staff to commence work on a General Plan update as soon as ` practical beginning in 2014. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, Shah, VCI Farago, ChairlTorng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS. None S. PUBLIC HEARING(S): None 9. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: CILin wished everyone a Happy Thanksgiving. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future proiects. CDD/Gubman reported that the next Commission meeting is scheduled for December 10 which will be Chair/Torng's last meeting as he is sworn in as a member of the WVUSD the next day. There are two items on the December 10 agenda: 1) a music school tutoring facility in the Pepper Tree Center at Brea Canyon Road and Diamond Bar Boulevard behind the Shell Station; 2) a Conditional Use Permit request for the CrossFit Studio Gym in the Kmart Shopping Center next door to Kmart. The business is open and operating without securing approval of a Conditional Use Permit. However, the business is complying with notices that they are out of compliance and require a Conditional Use Permit and are working toward bringing the business into compliance. CDD/Gubman further stated that he received compliance from the Commissioners that there would be a quorum available for a special Planning Commission meeting on December 19 'to compensate for. the canceled Planning Commission meeting that would have been scheduled for December 24. There is one item on the December 19 agenda for a Code Amendment that would affect the Honda property to establish a hotel overlay zoning to the underlying C-3 zone which will move to the City Council in January 2014, and go into effect prior to the expiration of the moratorium on April 3, 2014, which is currently imposed on the property. NOVEMBER 26, 2013 PAGE 9 r PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8.1. 5 p.m. . The foregoing minutes are hereby approved this 19th day of December, 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director Frank; Ffarago,-Vice�Ch i" an Agenda No. 6.3b MINUTES OF THE CITY OF DIAMOND BAR SPECIAL MEETING OF THE PLANNING COMMISSION DECEMBER 19, 2013 CALL TO ORDER: Vice Chairman Frank Farago called the special meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Dhingra led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ashok Dhingra, .lack Shah, and Vice Chairman Frank Farago Absent: Commissioner Jimmy Lin was excused. Also present: Greg Gubman, Community Development Director; Dave DeBerry, City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the November 26 2013 Re alar Meetin . C/Dhingra moved, C1Shah seconded, to approve the November 12, 2013, regular meeting minutes as presented. Motion carried by the following Roll Cali vote: AYES: NOES: ABSENT 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None 7. CONTINUED PUBLIC HEARING(S): Dhingra, Shah, VCI Farago None Lin 7.1 Conditional Use Permit No. PL2013-384 — Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.58 the applicant, James Hahn, Diamond Bar CrossFit, requested approval of a Conditional Use Permit for a 3,000 square -foot fitness studio in a 36,454 square foot shopping center. The DECEMBER 19, 2013 PAGE 2 SPECIAL MEETING PLANNING COMMISSION subject property is zoned Regional Commercial (C-3) with a consistent underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS: PROPERTY OWNER 303 S. Diamond Bar Boulevard, Unit M Diamond Bar, CA 91765 Phoenix Gluck LP 210 Santa Monica Boulevard Santa Monica, CA 90401 APPLICANT: James Hahn 303 S. Diamond Bar Boulevard, Unit M Diamond Bar, CA 91765 APITobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2013-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. CDD1Gubman stated that the owners of the Kmart portion of this site contacted him to express concerns about available parking for the Kmart Center_ Looking at the aerials it appears that when one is on the site that Kmart and the inline building where CrossFit and other tenants are located are part of a single shopping center. The site is actually comprised of two parcels. The aerial photo shows how the parking lot is not heavily burdened with vehicles. VC/Farago opened the public hearing. James Hahn, owner of Diamond Bar CrossFit, thanked APITobon for working with him and his partner to determine how best to operate in a legal and lawful fashion. As soon as they were notified that they were operating outside of the legal bounds they immediately commenced to rectify and comply with the mandates of the City. With respect to Kmart's concern about the impact to the parking on their side of the parcel, he stated with certainty having worked with each member individually, that none have ever or will ever park on the Kmart side unless they are in need of Kmart goods and services. C/Dhingra asked if the owners accept the conditions of approval including the condition to remove the existing banner and replace it with a permanent sign by January 17, 2014, and Mr. Hahn responded affirmatively. VC/Farago closed the public hearing. DECEMBER 19, 2013 PAGE 3 SPECIAL MEETING PLANNING COMMISSION C/Shah asked if the parking requirement identified by staff (total 36,454) is for the yellow highlighted area and AP/Tobon responded affirmatively stating that all of the parking for the center is calculated together except for Diamond Bar Crossfit which is separated out. C/Shah moved, C/Dhingra seconded, to approve Conditional Use Permit No. PL2013-380, 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: Dhingra, Shah, VC/ Farago NOES: COMMISSIONERS:. None ABSENT: COMMISSIONERS: Lin 7.2 Tentative Tract Map No. 72351 and Development Review No. PL2013-282 — Applicant Preston Chan, CGM Development, Inc., requested approval of a Development Review to modify the exterior facade and add a 799 square foot lobby area to an existing 25,864 square foot office building on a 1.40 gross acre lot. A Tentative Tract Map was also requested to convert the existing building into office condominiums and subdivide air space for 19 units. The property is zoned Office Professional (OP) with an underlying General Plan land use designation of Commercial Office. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 660 N. Diamond Bar Boulevard Diamond Bar, CA 91765 Peichin Lee DB Office Investment, LLC 17528 E. Rowland Street City of Industry, CA 91748 Preston Chan CGM Development, Inc. 17528 E. Rowland Street City of Industry, CA 91748 SP/Lee presented staff's report and recommended that the Planning Commission_adopt the resolution approving Development Review No: PL2013-282 based on the findings of Diamond Bar Municipal Code Section 22.48 and subject to conditions. Staff also recommended adoption of the resolution recommending approval of Tentative Tract Map No. 72351 to the City Council, based on the findings of Diamond Bar Municipal Code DECEMBER 19, 2013 PAGE 4 SPECIAL MEETING PLANNING COMMISSION Section 22.20.080, subject to the conditions of approval as listed within the draft resolution. C/Shah asked if staff required a traffic analysis report and where it got the trip generation information. AP/Lee responded that the applicant's traffic engineer prepared a response stating that the medical office uses would generate less than 200 trips which falls under the threshold that would trigger a traffic analysis report. ClShah asked if the new elevator would accommodate a gurney. AP/Lee said she is not aware of those details; however, the applicant has concurrently submitted for building plan check and the plans were reviewed by Building and Safety Department. ClDhingra asked for confirmation of the parking area requirements based on square footage of the building. CDD/Gubman responded that the square footage should be 26,663. However, the parking calculations are based on the subtotal square footages and associated parking ratios. Although there is a typographical error in the total square footage all other calculations and measurements are correct. C/Dhingra thanked staff for the clarification. VC/Farago opened the public hearing. With no one present who wished to speak on this item, VC/Farago closed the public hearing. C/Dhingra moved, C/Shah seconded, to adopt the resolution approving Development Review No. PL2013-282 based on the findings of Diamond Bar Municipal Code Section 22.48 and subject to conditions. ClDhingra moved, C/Shah seconded to recommend adoption of the resolution recommending approval of Tentative Tract Map No. 72351 to the City Council, based on the findings of Diamond Bar Municipal Code Section 22.20.080, subject to the conditions of approval as listed within the draft resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Shah, VC/ Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 7.3 Zone Change No, PL2013-603 — Under the authority of Diamond Bar Municipal Code Chapter 22.14, the City proposes to -establish an overlay zoning district, hereafter titled the "C-3-PD/Hotel Overlay" ("Overlay") to promote and facilitate the orderly redevelopment of a prominent freeway off -ramp adjacent site formerly occupied by an automobile dealership in a manner consistent with the DECEMBER 19, 2013 PAGE 5 SPECIAL MEETING PLANNING COMMISSION City Council's adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states: "Identify and implement development opportunities for the former Honda property that will result in the greatest net benefit to the community." If the proposed zone change is adopted, any land use plan formulated within the Overlay shall include a hotel as the primary use. Secondary uses shall *be limited to those already permitted or conditionally permitted in the underlying C- 3 district, except for uses expressly prohibited in the Overlay, existing buildings within the Overlay may be occupied by uses permitted or conditionally permitted in the C-3 district, except for such uses that are expressly prohibited in the Overlay, without a hotel as the primary use provided that no existing building is enlarged and no new buildings are established. PROJECT ADDRESS: Northwest Corner of the SR60/ Grand Avenue Interchange LEAD AGENCY/ City of Diamond Bar PROJECT APPLICANT: Community Development Department 21810 Copley Drive Diamond Bar, CA 91765 CDD/Gubman stated that the subject property is the old Honda site. Prior to its closure in mid -2408 this was the site of a very successful Honda Dealership, and a Burger King restaurant that closed last year. The Honda Dealership was, by far, the City's highest tax revenue generator and it closed because corporate compelled the dealer to modernize and enlarge its facility which resulted in a move to a new location outside of the City resulting in the vacation of the Diamond Bar site. Since that time, the City has been very concerned about that fate of the property and has pursued economic development opportunities that are uniquely suited and afforded to the site such as freeway visibility and adjacency to the SR57160 freeway convergence that supports over 300,000 vehicles per day, as well as, its proximity to the off ramps at Grand Avenue. Since the dealership closed, there has been no viable tenant to reoccupy the site. For a short time, CarMax was interested in a smaller satellite concept that fell by the wayside. Since that time, there has been no viable proposal for the site. The City received inquiries about establishing uses that were not in the City's best interest. In light of the fate of the surrounding areas located in the City of Industry (concurrent mutually exclusively entitlements for an NFL Stadium as well as, a 594 acre business park) Diamond Bar wanted to ensure that it protected one of its very limited contributors to the commercial inventory. As a result, in 2011 the City placed a moratorium on the property to allow the study of opportunities for the site and to hopefully work collaboratively with the DECEMBER 19, 2013 PAGE 6 SPECIAL MEETING PLANNING COMMISSION property owners in seeking the highest and best use potential which is challenging and complicated to an extent by the uncertainty about what will happen on the adjacent City of Industry site. Staff anticipates that in February/March 2014 there will be a final decision about the possibility of an NFL Stadium being built and if the stadium does not go forward, Majestic Realty has indicated that they will proceed with the alternative Industry Business Center (IBC). Due to the vulnerability of this uniquely situated site, the City Council set forth an economic development goal of identifying specific development opportunities and Specific Plans to revitalize the Kmart and Honda sites to provide the greatest net benefit to and best interests of, the community. In order to accomplish this goal, the City contracted with economic development consultant AECOM, a major firm with an international reputation, to preparea municipal highest and best use analysis for the property to determine what would benefit the community's best interest and be mindful that whatever occurs on this site would need to result in a positive residual land value offering for a developer's consideration. The revenue -generating opportunities for the City would include retail uses which would include a vast array of revenue generating businesses and hotel uses that would provide revenue to the City via Transit Occupancy Tax. The consultant was also asked to look into the feasibility of office development based on the theory that office uses generate rent which may help a developer subsidize other uses on the site that may have higher capital development costs. In light of the various uses that may occur on the surrounding site, the study looked at three base scenarios: 1) Status quo (nothing occurs on the adjacent site for the foreseeable future; 2) development of the IBC project and, 3) development of the NFL Stadium. The consultants looked at the physical capacity of the site, the surrounding market to identify demand potentials and performed site capacity modeling to determine what the intensities, square footages, etc. the site could support. The tests and forecasted economic conditions revealed that retail was not a very strong option for the site because the inventory and capacity of existing retail properties would not attract additional retail to the site. Under status quo conditions, the Gateway Corporate Center generates a great deal of business travel which would support a 190 room hotel and under the best economic conditions an additional 125 rooms would be supported. If the IBC project becomes a reality, up to 405 additional rooms would be supported because of the additional corporate headquarters and business activity resulting from the uses. Under the stadium scenario, hotel demand would increase but it would be lower than the IBC development because the stadium would have less office development as part of its overall use plan and attendance. Therefore, from the City's revenue perspective, the IBC development would be most beneficial, However, if the stadium is built there is a settlement agreement with the City of Industry that DECEMBER 19, 2013 PAGE 7 SPECIAL MEETING PLANNING COMMISSION would provide a number of economic benefits to the City such as a $20 million lump sum and an ongoing revenue stream of $750,000 to well in excess of $1 million based on the number of stadium events. The conclusion of the analysis is that the highest revenue generating potential for the site would be through Transit Occupancy Tax. Also provided in the "highest and best use" analysis is an overall evaluation of the net benefits (direct and indirect revenue and benefits) to the community under the different scenarios. Based on the conclusions, staff has developod the recommended ordinance which is an exhibit to the resolution that establishes a freeway Overlay on the Honda property. The requirements of the freeway Overlay are that the existing buildings onsite are subject to the existing C-3 zoning standards so that they may be occupied with uses that are permitted in the C-3 zone. However, no new buildings or expansions to the existing buildings would be permitted unless a redevelopment plan for the site is crafted and adopted that would establish a hotel as a component of the development. There are provisions that would allow other uses to be phased in prior to the hotel but the hotel would have to be under construction before any of the supporting uses could be occupied. Another interesting finding of the "Highest and Best Use Analysis" revealed that an office would not add to the viability of the site and would actually be a drain on the site because the construction costs and parking requirements for office development would run up the costs and the prevailing rents in the immediate area would not be high enough to make office space a viable use. As a result, staff believes a hotel only with supporting commercial such as restaurants and possibly a gas station would be the most desirable land use plan for a developer and accordingly, staff has crafted the standards to more tightly direct development to evolve in the City's best interest. The findings of this report are compelling enough that the City, hopefully in partnership with the property owners, will market the site to hotel developers. Staff will use the ICSC Conference in Las Vegas in 2014 and other ICSC events as well as other marketing venues and resources in an effort to attract hotel development on the site. The City is concerned about its current inventory of commercial land and wants to lock down the options to protect the site from being developed with uses that may not produce the desired results articulated in the City Council's .adopted Goals and Objectives. Staff recommends that the Planning Commission adopt a resolution recommending that the City Council change the zoning of the Honda site to C-3-PD/Hotel Overlay to be the governing zoning regulations for the Honda property. VC/Farago opened the public hearing. DECEMBER 19, 2013 PAGE 8 SPECIAL MEETING PLANNING COMMISSION Alex Tau (aka Alex Sukamtoh), 23603 Palomino Drive, asked what kind of hotel would provide 190 rooms. if the City of Industry builds the IBC, there will be more empty buildings. He wanted to know the current occupancy rate and room rate of the current hotels in Diamond Bar and asked why the City was in a hurry to make this decision before finding out if the stadium would be built. He felt the site would be a good location for a hospital. Jim Tsai, 550 Great Bend, said he agreed with Mr. Tau that the City may want to delay this decision because of the Caltrans project to consider eminent domain to realign or split the SR57160 freeway merging and dedicated on and off ramps at Grand Avenue if the stadium is built. VC/Farago closed the public hearing. C/Shah said he heard on the radio that there would not be a decision about the downtown LA stadium until August 2014. C/Shah asked if AECOM researched other possible uses for the site. CDDIGubman stated that in the AECOM study, the hotel analysis begins on Page 27. Table 19 through Table 22 shows a comprehensive inventory of the supply of room nights, occupancy rates, average daily rates and inventory of different hotel products with distances and classifications. The conclusion drawn from that analysis was that the room demands, based on the existing supply and different scenarios given a range of economic conditions in the future, the hotel demand was derived. The City did not look at or consider a hospital use and CDDIGubman suggested that the Lanterman facility is more likely to be a superior hospital site to the Honda site, which is not physically situated to accommodate intensive hospital uses. With respect to the fate of the stadium, staff understands that Majestic Realty has building permits in hand to- build the stadium. The NFL manages to keep everyone in suspense but Majestic needs to know by this winter what the NFL wants to do and if the NFL cannot decide, then Majestic needs to move forward with other plans. This matter has been pending since 2008. With respect to why this matter is being rushed without waiting to see what the outcome is, the City's posture is "why put it off any longer." The City has very compelling information that a hotel product is the highest and best use. The type of hotel will have to be vetted through -a more refined analysis. There might be two hotel products that could be placed on this site. It will depend on the operator, their tolerance for risk and other considerations and factors that such companies would need to take into account. The bottom line is that whatever scenario plays out the City has the data to support the hotel as the "highest and best use" and in order to further the Council's Goals and Objectives and the investment the City put into funding DECEMBER 19, 2013 PAGE 9 SPECIAL MEETING PLANNING COMMISSION this study, staff is ready to move forward to establish the zoning overlay and commence to aggressively market the site. C/Shah felt the current hotel occupancy rate was low. He felt there was no compelling reason to decide on a use at this time but there is a compelling reason to further investigate any other uses that might be beneficial to the City. C/Dhingra commented that staff's presentation and analysis was very well done. The basis for this proposal, as stated by CDDIGubman, is that there is very little commercial land available within the boundaries of Diamond Bar and this proposal is an effort to protect the City's assets and make the best use of them. If, by changing the use to an "Overlay". zone gives the City better opportunities for marketing, he feels it is the right avenue. Secondly, he believes the direction from the City Council with respect to the Goals and Objectives. is to look at the net benefit of this proposal to the community which is outlined in the study commissioned by the City. Tables within a study are snapshot of conditions. As economic conditions change, so too will the tables change. and no one has a crystal ball when it comes to predicting the future. The study looked at existing hotels within the City as well as hotels in cities adjacent to Diamond Bar and the homework has been done. Diamond Bar cannot afford to wait for Caltrans or City of Los Angeles to determine what they are going to do. If rezoning this property gives Diamond Bar the flexibility to market the property better it should be done now. With respect to other uses, whoever wants to develop this property will do a thorough financial and viability analysis based on the market conditions existing at that time. The City is not in the business of doing that — the City is only interested in making it to a point that the land can be developed to the best net benefit of the City, If someone were to analyze the -situation and determine another "best" use that entity can always apply for a zone change at that time. But at this time the City needs to act now to protect its assets and meet its goals and objectives in such a way as to .protect the best possible net benefit to the City. VC/Farago asked if there was a planned freeway expansion that a prospective developer would be able to take under consideration when proposing a development. CDDIGubman responded affirmatively and said he regretted not having included the latest freeway interchange improvement plans which would have answered those questions and proceeded to explain how the expansion would work using the aerial. The first phase is the construction of an onramp onto the SR60 westbound which will slice into the southern edge (a sliver of about .7 acres along the southern end) of the Honda property and take away the current freeway sign. It will require the driveway access to Burger King to be closed off and the driveway from Grand Avenue will remain in place. Phase I is funded and construction documents are nearly ready to move forward in DECEMBER 19, 2013 PAGE 10 SPECIAL MEETING PLANNING COMMISSION about 14 months. The next phase of the project will be a new Grand Avenue off ramp which will cut into the golf course. There is a plan to reconfigure the tee boxes for the golf course. No holes will be lost. There will also be a sliver that will come off of the edge of the golf course to improve the onramp with two right turns into the freeway instead of the one right turn that is creating a bottleneck. The loop ramp and slip ramp will be shifted up and Old Brea Canyon Road will align with the ramp to improve capacity. These plans are firm and it is a matter of time and funding for completion and we know what will happen to the Honda property as a result of those pending improvements. VC/Farago asked about future plans for separation of the SR57160. CDDIGubman responded that this project is termed the "Big Fix" and there are some pieces of the Big Fix that are occurring upstream and downstream. Shortly before or after this piece happens, the Lemon Avenue interchange will be completely reworked. The current on and off ramps on Golden Springs will be taken out and new on and off ramps at Lemon Avenue will go in. The real challenge for which there is no design is to physically separate the 57 and 60 freeways. There is a conceptual plan to accomplish that in the Sunset Crossing area that would involve a flyover near the park and ride on the easterly side of Diamond Bar Boulevard but that is where things begin to get vague. ClShah suggested that staff revise the report to include the freeway interchange improvements and analysis of other alternative uses even though it may not be to the benefit of the City. He does not believe there is a compelling reason to decide here and now and believes this matter should be deferred to a future meeting. C/Dhingra moved, VC/Farago seconded, to recommend that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. PL 2013-603. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, VC/ Farago NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: Lin S. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: ClDhingra wished everyone a Joyous Holiday Season and a very Happy New Year. VC/Farago wished the audience, staff and his colleagues a Merry Christmas and Happy New Year. DECEMBER 19, 2013 PAGE 11 SPECIAL MEETING PLANNING COMMISSION 411 11. STAFF COMM ENTSIINFORMATIONAL ITEMS: 9.1 Public Hearing dates for future prodects. CDD/Gubman stated that the Commission's scheduled meeting on December 24 is canceled due to City closure and the next regular Planning Commission meeting will take place on Tuesday, January 14, 2014. Two items are set for the agenda: 1) the Kaiser expansion in Gateway Corporate Center and 2) an addition to a single family residence on Gerndal Street. In addition, the Commission will make its presentation of a plaque to Tony Torng for his service on the Commission. Unfortunately, due to a prior commitment, CDD/Gubman said he would not be able to attend that meeting and SP/Lee will staff the meeting in his stead. CDD/Gubman wished everyone Happy' Holidays, Merry Christmas, and a Happy New Year on behalf of the entire City staff. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Farago adjourned the regular meeting at 8:25 p.m. The foregoing minutes are hereby approved this 14th day of January, 2014. Attest: Respectfully Submitted, Greg Gubman Community Development Director Agenda,4 6.4 iWeeting Date: January 21, 2014 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City MHda TITLE: Ratification of Check RegDecember 12, 2013 through January 15, 2014 totaling $ 2,023,454.17 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 2,023,454.17 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 12, 2013 through January 15, 2014 for $ 2,023,454.17 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 12/12/13 through 1115114. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated December 12, 2013 through January 15, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,483,874.10 Prop A - Transit Fund $245,989.66 Prop C - Transit Tax Fund $112,645.67 Integrated Waste Mgt Fund $20,758.92 Traffic Improvement Fund $3,130.40 Comm Dev Block Grand Fund $34,369.16 CA Law Enf Eq Fund $300.00 LLAD 38 Fund $27,645.64 LLAD 39 Fund $20,438.07 LLAD 41 Fund $10,040.06 Debt Service Fund $3,250.00 Capital Imp Projects Fund $61,012.49 $2,023,454.17 Signed: Dianna Honeywell Finance Director ch co n m c) cn cry co (-) , (-) c) N_ co c � N N C6 N N N Y N N N N N N Y N T ❑ O O O 4 O O 0 0 O O Q 4 0 4 0 0 D w � J J Y T r p W N U N N N N N (N N N N N N N N N N sv yr N Q Lil W > Z � J J N N N N N N N N N N N 64 ❑ ❑ U U) O z Y w u o Ll� C) ci c 1 c) Ql co n C� C�1 In Ci a Q Ib Y T T OU D O U U U r T O O O ❑ O O O O O 4 O O O O O O d V Q V V V M t+l m O O m U N N N N N N N N CV N N umi � V � V 0 0 0 o a 0 0 0 0 o a p p o J J F 2 C a 4 I� O O co q M W } O W q o M O 61 N d O O O LC] O O 6% m m J a ❑ c a o C 0 w W W N uJ U U WWLIJLLJWWUJ 2E 2 ZE 2:E U 2 z Z Z Z Z Z Z 0� y_ cr m x [if C� F 0 0 0 0 0 _ 0 O O Cl V m a m o o O o M o m o us Q� W N a U U U U U U U N M O co � M M m M M M 0 N o a o 0 0 Q N N N N N N N Cl N N N P OM N U � ❑ o p o o M M M m u� o v r� v V p o 0 o q o o a O o q w ell 1�. o Q w W U Z co �� � Q LLJ © � � C7 ❑U 0 w Oz U U LLI LLI O Y w ¢ m z z w y Z Z Z W ❑ Q U W 7 uI K CC - Q to � 0. ❑ � Z _ © U V ~ of W❑ Q O J Q z O O O , Q� O W H f— U 2 (fJ U7 2 4. 1 CG z_ c>o UA z o � w Z Z F zzCl) z r U) -°o U N U U rL ❑ 71 J ar w_ 0 p p 2 O C7 W W W p O O z U O z U � 0 O CL F z c) z Lp� (3 m ¢ Z Z O z z W ®1 W U Q S S Q C) VJ O ~ ~ w J J W Q -4-d co m m m U Q Q Q Q b a Z N f0 N (D N CO N M N O N M N O N O N O U O q O O O O Q O O N L U N m C"1 C] CJ M m M m [2 C2 M S9 a o 0 0 0 0 0 0 0 0 ❑ N N N N N N N N N N N U N N N N N N N N N N N L N N N N N N N N N N N ch co n m Y O T O T O T O O O O N N N N N N N N N N N N N N N Y N T N r N T N N N c c 3 co co Cl) (0 � 0 4 0 4 0 0 D w � J J Y T r p W N N N N N N [V N N cV N N N N N sv yr N Q Lil W > Z � J J ti V) U) F 0 LL 64 ❑ ❑ J U) O z w w w u o Ll� 7 c6 V Ql Lq 01 Z a Q �p OU D O U U U M .- O O O O O O q CO Q O O O O r O d V Q V V V M t+l m O O m O vi vmi umi � V � V 0 0 0 o a 0 0 0 0 o a p p o J J F 2 w } U ~ ~ d d m m J a ❑ c a o C 0 w W W N uJ U U WWLIJLLJWWUJ 2E 2 ZE 2:E 2 2 z Z Z Z Z Z Z 0� Cr cr m x [if C� 0 0 0 0 0 0 0 U U U U U U U N M O M M M m M M M 0 0 o a o 0 0 N N N N N N N ch co n m co c2 <2 0 o Q o o a o N (N N N N N N N N N N N N N N N CN N m N m N T co N N T T co m Cl) co T T O O O O O 4 0 N N N N N N N N N N N N r N N T T T w � J J Y T r p W c 4 IP U LU h W 6� V c0 v r� r sv yr N c l] r o d 0 Wm p v ON ti CO O W u1 03 O r v m v co O 4 N N OO Q N N 'o d 7 ? V V V v p O q O o O O N O O Q O O O W U5 U = z z U O (B H O u 2 L O U❑ o a U U] [n z � 2 U U O w � J J 0 p W z Q' O O U LU h m Q 4 co z mf ❑ m m z Q Lil W > Z � J J U U z z U J J 2 L o a Q Q Q 1Ui.� � J J p W z Q' O O U z h co z mf ❑ m m z < Z W w V) U) F 0 LL ❑ ❑ J U) O z w w w u o w w 7 z Z a Q OU OU D O U U U N N N N N CO Q O O O O m m c2 M m M M O q O O O O O N N N N N N N N N N N N N N .�■m■©■m■� A, a C-) c) C,C,� c) C) cn Cn (n ch cn cn Cn co c, c) m c) co ch c*) (,) n c) c) c) c) Y T T T Y Y T T ❑ O O N O O O O O O Q Q O 0 0 0 O O O Q Q O O 0 0 0 0 0 0 Q O Y N N N N N N Cwt N N N N N N N N N N N N N N N N N N N N N N N N N N N N_ N_ N N N N N N N_ N N_ N_ N N N N N N N N N N N N N N N N N N N N N co J n (n n co C-) c) cn m c) cn c) c > c*) cn m m cn c) co co co c) m co c) c) c') C6 Y r r Y T ❑ o 0 0 0 0 0 o a o 0 0 o a 0 0 0 0 0 0 o a o 0 00-0 0 0 0 0 C) N N N N NN NN N_ N N N N N N CN NN N_ N_ N N N N N N N N N N L N N N N N N N N N N N N N N CN N N N N N N N N N N N N N N N � — o rD ai ui o a r o �+ U CV a1 bg U cC � O M m c� O O O O O O O O m 6] [7 61 4 O o 4] cTJ O O rn N m n V II ti O O O u7 u7 0 lL] l(] O O m m f- d d Q N N N N 0 m m V' n 0 N 6 O m (O N N O E Q N O O O N N N N N N N N O O m M N N V' � N N N N N N N N cri Cl N N �2 SCJ m N ❑ O r r r �- *- O O O N N O CrJ (`7 r] O N N M N N o O O O O O O d Oo OO 'V v uJ u2 N p p 0 O O O O O O O OO O O N N 0 0 0 o r LH LLJ U U m rn v v v >> V cc ❑❑ w N N r [p p O N N N N a a i'- F- Oz OZ ❑ W❑ (J7 > C(7 on Ca U C7 C� C7 > Y ❑❑ O U N N N N N N N N N N N N U U J O Ur O z _Z z J m (7)© U C) (06 d d cl- Q CL (L Q d CL CL [l z Z Z J J z z Z _ ❑ cG u.. w w Q Q U w Z W w W Z C% u_ } Y w w v w w w w U w w U w w U U U U C) z i=_ Q O U > U w w w w w w w w U O 9) > > w w> w w> u w z z >>> F F i-- ¢¢ Q a s J U) UJ 0 0 co w w w w Z_ z Z_ Z_ z Z_ Z_ Z_ J a LL:�i u. ti H F� u: �: w d � � a a Q Q K❑ O Of CD 0�© c C7 (7 2Y �� a Q d wwa U Q a a Q a a a ¢ a ¢ Q -A CL CL U U U U U U U U U U U U U U U U U U U U V w z z z z z z z z z z z z ww v3 UJ � Cf)w U) co Lu U U 0 M:_ _ Z) (D Y w w w w w w w w w w w w w z z 0 (t) co v) (DU U ca.) l � r � z� a a a¢¢¢¢¢ Q a a a o 0 o U U U U U U U U U U U U 0�_Q� of r J 0 0 0 0 0 0 0 0 0 0 0 0 w w Lf F UJ (/J (n (n U) 0 0 V) (n 0 0 U U U U V U > V) 0 O uJ U) Cl) v va m n n cn z z o- a EL a_ � � w CC ❑ ❑ ❑ ❑ U U z z a a a a a ¢ a Q Q a a a Q Z Z Z Z U U J J m ❑❑❑❑❑❑ o❑❑❑❑ o w� L) 0 0 L) a a a a o o a z z z z z z Z z z z z z V) w L _=_= u) co w a a a Q a a a a¢¢ a a z z z z z c9 O () (D a2 V) U) co U) 0 0 0 0 0 0 U) V1 U) z z z z z z Z z z z z z z z z z Z z z � LLI LU 0 a0 O O o m m m m ¢al m m m Q ¢ ¢ a a a a a a a ¢ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ > > > > > > 7 > > > > > Cif w w w w w w w w w w w w w J¢ Q OJ JO O OJ O O O O O O O O ❑ ❑ ❑ q ❑ © ❑ ❑ ❑ ❑ ❑ ❑ J 7i O O O > > > > Q Q Q Q ¢ Q 4 Q Q a a a¢ a a a Q Q a Q a a s Q a Q w w w w. ❑ ❑ ❑ © ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ U ❑ ❑ n ❑ ❑ ❑ a o 0 0 0 0 a� n _ E n W rn N N N N N N N N N N N .Y co a o o a o 0 0 � o m L U N C2 c7 m CJ f2 (2 [h c] C] m C'] m m f'7 e] m C] m CJ C2 C2 N2 [�-2C2 C'! c2 0 0 0 0 0 0 0 0 0C2N N NN NN N N �U 5a r y m Cl) c m Cl) Cl) Or O-0 O O O O O O N N N N N N N N T N T N r N r N r N r N N r N r N r N N N N c 2 m c2 o2 m e ) O O Q Q O Y O Y O N N Chi N N N N N N N Y r T T 0 0 J uJ Y N T N T N N N � N n N N O m O 19 O n c� 0 0 0 N N N 01 0 0 0 cp cn co yr ui c2 a2 O O O O O O O N O d N N O O O C7 O c7 O c+J N N O C1 O C7 N N N o O rn rn 0 0 o 0 v 0 v o 0 �t �2 �2 0 0 ug u2 O O �n m 4 O co n O O J Z J J r r ¢ �2 m N N N W K W N N CL J CL J a- zz W W J J J t� � C7 C7 LL W J J J J J J J co O Cr O O ❑. M n 0: z Z G] U} 0 m 0 0 0 co to w U J U Z Z z Z 0 �- z U U U U Q LL C Z) w w w w w w LXL[ 0 EL a- z z z z z z z 0 0 0 0 0 0 0 J J J J J U U U U U U U U V U U U U W 0 0 0 0 0 LJ 0 0 of LL LL LL LL. 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 W W W W W W W W z Z z z_ Z z z z 2 a, f1 Cr CL' CL 0' X X X X X X X LLJWWWLLJWWW W W W W W LLE W n N N N O O r r M M �2 M 2 0 o O a o o a N N N N N N [L1 N [V N N N N N N N N N N N N m r� (0 (1) V) m Cl) m Q Q C? -0 r O-0 rO Q c�! cif N N N N N N 00 OU n 0 0 Y r r r r N N N N Y N r N T N r N 0 W LLI LL) W T O T Q O O O O Q Q N N N N N N N N 0 0 J uJ Y N T N T N N N � N N N N N O m O 19 O n c� 0 0 0 o a a o 0 0 0 0 o a 0 a o N O d o O O O O O N N O r] O M N N N N �t �2 �2 �n uE ug u2 6 4 4 O O O O O J Z J J O W C7 U m F LLJ F z O O m "J W ¢ co O Cr O O ❑. M n 0: z Z 0 Z 0 0 0 0 U J U Z Z z Z 0 �- z U U U U Q LL C Z) `Z 0 w U~} w o LL! 0 EL a- d (L Li z z_ z_ _z J J J J J J J J U U U V U U U U 0 0 0 0 0 0 0 0 LL LL LL LL. LL LL lL LL 0 0 0 0 0 0 0 0 U U U U U U U U W W W W W W W W z Z z z_ Z z z z X X X X X X X X LLJWWWLLJWWW W N N O c2 r �2 �2 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N (V N N C1i 0 n co CY7 Y O N 0 Q C7 N N N (N N r N N N N N Y {Y) CY) Cl) Cl) Cl) r r r Q CD © Q Q N N CSI N N N N N N N T T T N N N N N C^ T r O O m O O M e3 N m Es s3 r o 0 0 ca, 0 0 o 7, G M r7 M �fi O O O N O N O O O O O O O N m J z W C? j Q co O O > 7 co w z z Q Q J J a o o 00 OU n 0 0 n 0 0 Q � rn o W 0 0 0 0 �2 I M S2 CJ �2 0 0 o a o N N N N N N N N N N mm®MWMH m WLi Z Z Lill m J z W C? j Q co O O > 7 co w z z Q Q J J ❑ ui W C" } J i } 0 CJ W w 00 OU U ¢ CL a Ute} �2 I M S2 CJ �2 0 0 o a o N N N N N N N N N N mm®MWMH m Z Z C7 {7 J J 0 o W W LLI LL) W W W Cn X 7 > w W J J J O LLJ 0 0 J uJ O O r N N N ? N M N cc N N Cfl O � O m O 19 O �2 I M S2 CJ �2 0 0 o a o N N N N N N N N N N mm®MWMH m LM i� lfJ lfi O O O O O P � (➢ O O O N N O O N O In M O O O 47 P U c] M M N ¢ �- a o O o 0 o M n a o 0 o P c'7 u') ❑ p o M N M C�"1 O u] r " u] �] �n �n llJ tin �n �n in a a a uJ O V in lf5 O O P o u� 'a Y O O o O U1 O O O O O �t') U1 �!] O O C (0 d Z LLJ co LL a O o LO r of O z LI) w w m O ❑ U ❑ C2 W d U Y J J r%i ('7 W co o N M M C7 ❑ Z cn cn ❑ S' m car ❑ N C'4 <- r p Q ¢ Uj d O 4 ><} O N ON ❑ ❑ O O N N N ❑ ❑❑ ❑ U Y CK Q¢ N z W w g a OCD ¢¢ m 0 4 ❑ O cn n a a a p U z? o a LL uw I ccz F ❑ a❑ cp ❑ o o z z rh w w v LL w N � 0 co z cn Li) U)�� Q o U w w v) Cl)wm d w w z � a w_ w u z_ w_ LL w w r w n LL J W W ¢ J J J ¢ = ¢ ¢ Z Z z J ¢ cc m n a n. a w w LL a n- r 2 a. a- d a a o H O� 2 d U ❑ ¢ F U w w w w ❑ z O❑ LU LU W W � c ❑ ¢ O F- ¢ 7-> ❑ > n w n w co :�i 2ll� 0� a a¢ U U iS C> co Li LL W U z m z c*i m m m m m M M m (n m m m m m co co M M m m m M M co ❑ 0 Q O O O O O Q Q 0 0 0 0 O O O O Q Q 0 0 d 0 O O Q N N NQ N N N N N N N NNQ W cwt N N N N N Y U N N N N N_ N_ N N N N N N N N N N_ N N N N N N N N N N w w Q ❑ ❑ � w S Y Z z W W U Z Lu ��� m W z W U Z w a M z Ul U Z w C- z uJ U Z w C1 D- W z W Y T T T W 4 U 0 otf z 0 9 w w U 0 a5 z 0 C7 w r — T T % O U cn LL J w c� ¢ U] O J } O U va LLJ J w 0 Q co O J W Q¢ O J w O r Z ❑= O U W O J LL O r Z O U W ¢ O J LL O r Z S O U a p z W g z W U3 N N N NN N N N N N N N N N N N N N N N N N N N m m C'7 N tO m c'] m M m co c'7 m co m m C9 m m m m m m m (`'J m m m CO r t" T C—) T 0 0 0 T O O O O Q Q O d O O O O O Q O O O N= N N N N N N N N N N N N N N N N N N N N N N N N Y U N N N N N N N_ N_ N_ N N N N N N N N N_ N_ N {V N N N N N l2 M Ci (`! M Y Y T T M M M c2 [7 M M M M M C] Z- ❑ O N o N O N L N N N N N N NN N N_ N N N N N N N N(4 P N N N N N N N N U o N 0 t— o T O N T T T W O W N r r N T O O 'I] N N 0 ti 10 M o O O O N N N Z N N N N N N N N N N N N N N N N N N N N N N N Q N t+] f9 t`7 Q CO tri 64 � G9 W FR r o ER FR lam_ Y 64 fA fi W Lfi r r r � 64 � 63 r r r b4 r r r r U o p 0 0 o o� M P rn v, co t� ti M c+� co o eo o �n cwt o a a v o N a� o � vi v co M co a o c�i o v ci o vi n in o c+� C m co �n N V c] I� T N N N rn N N m O M o� N Q> 1� n r �A N CO r r iC/ m N � N co (�") E N � ¢ i� lfJ lfi O O O O O P � (➢ O O O N N O O N O In M O O O 47 P U c] M M N ¢ �- a o O o 0 o M n a o 0 o P c'7 u') ❑ p o M N M C�"1 O u] r " u] �] �n �n llJ tin �n �n in a a a uJ O V in lf5 O O P o u� 'a Y O O o O U1 O O O O O �t') U1 �!] O O C (0 d Z LLJ co LL a O o LO r of O z LI) w w m O ❑ U ❑ C2 W d U Y J J r%i ('7 W co o N M M C7 ❑ Z cn cn ❑ S' m car ❑ N C'4 <- r p Q ¢ Uj d O 4 ><} O N ON ❑ ❑ O O N N N ❑ ❑❑ ❑ U Y CK Q¢ N z W w g a OCD ¢¢ m 0 4 ❑ O cn n a a a p U z? o a LL uw I ccz F ❑ a❑ cp ❑ o o z z rh w w v LL w N � 0 co z cn Li) U)�� Q o U w w v) Cl)wm d w w z � a w_ w u z_ w_ LL w w r w n LL J W W ¢ J J J ¢ = ¢ ¢ Z Z z J ¢ cc m n a n. a w w LL a n- r 2 a. a- d a a o H O� 2 d U ❑ ¢ F U w w w w ❑ z O❑ LU LU W W � c ❑ ¢ O F- ¢ 7-> ❑ > n w n w co :�i 2ll� 0� a a¢ U U iS C> co Li LL W U z m z z z z ¢ 2 � w W J - } U U z0 v = o W7) [/j w F w Q¢¢¢ ❑ 0 ¢¢¢¢¢ 2 z W w ❑ S z u� w ❑ cr T z W w w Q ❑ ❑ � w S Y Z z W W U Z Lu ��� m W z W U Z w a M z Ul U Z w C- z uJ U Z w C1 D- W z W ¢ U 0 ¢¢¢ z 0 () W W 4 U 0 otf z 0 9 w w U 0 a5 z 0 C7 w U O j Z W 77 W — J o z O _� 4 O % O U cn LL J w c� ¢ U] O J } O U va LLJ J w 0 Q co O J W Q¢ O J w O r Z ❑= O U W O J LL O r Z O U W ¢ O J LL O r Z S O U a p z W g z W U3 VJ U) 0.4 ❑ S U W m Q � Z U V C!! N �D u] M N f9 (P M N fO I� C] N [O W N N �P C'7 N tO O N CO _ V N W N CA N �D M V N �➢ V' N (O li] N [O v V N [O n N N (O N L U C7 M M M M C] l2 M Ci (`! M M M M M c2 [7 M M M M M C] M M M ❑ O N o N O N Cl NN O O N o N O O C�k O N o N O N O N P N O N P N O N Cl N O N o N o N O N O N P N O N O N U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N cJ r r r r r r r r r r r r r r r r r r r r 2 �2 �2 �2�� 0 0 0 0 0 0 N N N N N N N N N N N r N N r _ N r N N N N N O N O N d N o 1010 7 4 Q 0© r r 0 r 0 N N N N N N N r N r N r N r N r N r N N � N N r N N N w N N O O U W U U) O z Cl)F N 0 4 lf) O O O U z J > UO N O O O N N N o vii In' ll q cp of U a m O W W w ui O C.L c ul M u� u7 M Ln ❑ d m z Q Q V Q V V O OU OU vj co V)z W J W o 0 O N N N N N N U � w r U m O M O F o z w 4 } cn U) w m -d O v� O O 1<110.J O d y F_ fi Y F z zm � z m � J O¢ U J W U O Q J W J W W o F- W W 0 Cn r W LL Q Q LU w W W W � U C3 Y Y X Y L Y z z z z z z rr w a w w w w LLJW O M M C2 of r2 M O d 4 4 4 0 N N N N N C�i N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N_ N_ N N N N r r r r r cr r N N N N N N N N N N N N N N N N N N co Cl) (1) (Y) CY) co Cl) CY) iii co co CY) Cl) m m m r r r T T O 0 0 0 4 O 0 0 O O O 0 4 © © X 0 0 N N N C\j N N N N N N N N N N N N N N N N N N N N N N N_ N N N N N N N N N N_ N_ N N N N N N N N N N N N N cif N N 0 o d' i� C7 o O M o rn m d N rn m � r co 4 r o a rn d ri m a o N V o rn (� bQ4 � VY FR 64 G9 � 63 ry � pj Fn H! fH 63 p m r V M cP d N � O N rn n rD NO o O o d 4 o Sp [o c� p c2 r2 t2 o o a d N Q o N N N co V rn ui V M t*] 41 M 17 M M O C] co M M C'7 lf] In [+] O %2 �2 4i �1 1f] Ln lf] lC1 Q h �] 11� LC] tl'J LL� O O 00 4 0 0J O o O O O 4 O O O O O 0 0 o 0 o r 0 0 0 0 0 0 o d 0 0 0 J z H Q m O O Z Z a Q Q Q o o z z w w J J O O CF) CF_l w w UK D D w w J J >> n_ w w J J W W z z y uZ _ z Q J O Z z — — cr fr Z Z 0 0 ra vF7 LLJ LL w z z a O O 4 U � FLL F LLQ LL a {j z z O Q Z O U U w LU a U n O O LU ¢ z O d z z_ W w O O Z z O O U U LIJ ILU F F 0 0 a_ a Z � w F cn O Q a_ W Q co O O (2 C2 C2 (2 M C2 O o O d Cl C. O O N O N O N d N o N o 7 N O N a N d N d N o N O N N NN O N N N N N N z z N N N N N > O N N N w N N O O U N U U) O z Cl)F N z 0 O cn U z J > UO Q ¢ ¢ U U ❑ vii 'J 0 U LL LL O W W w ui O C.L c Q w m O W W W U ❑ d m z F = ❑ v a O OU OU vj co V)z W J W o 0 O W U U U U U U � w r 2 F z w } cn U) w � U) U) -d � J w W LLI < 95F O C� K � fi U U UIL z Q W W O¢ O' O O W O Q Q J J W W LL 2 T W W 0 Cn U7 J LL Q Q Q (!J W W W J z H Q m O O Z Z a Q Q Q o o z z w w J J O O CF) CF_l w w UK D D w w J J >> n_ w w J J W W z z y uZ _ z Q J O Z z — — cr fr Z Z 0 0 ra vF7 LLJ LL w z z a O O 4 U � FLL F LLQ LL a {j z z O Q Z O U U w LU a U n O O LU ¢ z O d z z_ W w O O Z z O O U U LIJ ILU F F 0 0 a_ a Z � w F cn O Q a_ W Q co z z z O O O O Li O LL LLI Q K= w O O O Q Q Q U U U z z z LK w w w F F F 0 0 z 0 0 0 (2 C2 C2 (2 M C2 O o O d Cl C. O O N O N O N d N o N o N O N O N a N d N d N o N O C2 2 2 M M (2 c2 M [+] C2 M M (2 C2 C2 (2 M C2 O o O d Cl C. O O O O o 0 d d P o o O N N N N NN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N, W C) c) C) m m n c+7 M c) m c) co co cn c+) c) c) ch t" T Y r Y T r T T r ❑ o a s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 N N N N N N N N N N N N N U N NN N_ N N N N N N N N N N N N N_ N N N N N N N N r Y T Y r 'r r Tiz CV N N N N N N N N N N N N N N N N N (.q N N N N N co c*3 co C') c°) c7 C) m C) M co 'm c') co c7 (9 co co m co co co C) M C6 Y- T C- CD T T T T ❑ 0 0 0 0 0 0 0 0 0C=) 0 0 0 0 0 o a o 0 0 o a CD o 0 Y N clt N N N N N (N N N N N N N N N N N N N N N N N U N N N N_ N N N N N_ N N N N N N N N_ N N N N N N N N N N N N_ N N N N N N N N N N CV N N N N N N CV N o co r rn m o [A o m Q s} rn d w R Y M o G3 (n V3 64 fA b3 4R EH m U (fi 63 U 0 H o v v a o et ov rn o o o o m m N c� r� co m G O P m O f9 0 f`7 m O (O 4] V o M i- Ln CA ll c`r M r o Q * o o O d o O co b d N O Ln M N cn l(3 [O (O CO cfl co P CD M M o O O V O r r N N N N N N N N N N N N N O O C] O O O ch N M N N N N N N N N N N N N 0 0 0 0 0 d o Cl M o b d Y m a m Q n rr cri n m n o o a co r 0 0 N iD rn m rn d' M V M ❑ ch � o � d R r M o u; vi �n �n V V O O O PO O R P d P o O o P P V d M 4 O O o O d o 0 o d P R O o O d O r r o r LL J co LLI LLJ CL IL UD z 7 z ❑ C7 ,� Y Fe m O IL z rn cr) cn 'n z z w ❑ z H n Y O C.J w LCJ U J z U _L O Z v ¢ U Cl) Cn Cn U ui U ¢ � cn z z r w w r a o a Q a c D O H w Ui U0) co w � z O z w m w � U U U U U Q z z � � ❑ Cr 7 w w Z Q w C7 zQ¢ LU aLLI LO z z H FQ w z 7>> z w w u�i Ld w w � -L= z z LL z w w v w m n v rVr F F F r d w LLI z c z? uQ Ow nom. � IL I)- d U CL a Cn F~-- LU Y Q Li w U U LU w L U) O O D D ¢ ¢ Q Q u) co w LL O C7 D O U Q m U co CD w O 0 w 0 U Q m U C!] O U z z U LL U Q [L J F- C7 z U w 7 z O O w a L w m W F O m w> > I-- W U U D Q co w F- LLI w m m U U ❑❑ w W Q Q w W f-- z } z 2 � L)CX L O O vi W F U F- u) 0 ❑ O 2 w ¢ F- H CL O a co O F J Q W _ z Q m Q' Q w U] Q Q Q SK a: L O O O U U U z z z 0 0 0 N N N K K K > > i z O N a w > U U U U U) LO ULL ? a [Y K w w w w w Q Q Q Q Q J J J J J F- F- H >> D m D Z z z z z Q Q Q Q Q 77 7 z ZN cD Co N m N O N cD N co N CO N CO N �9 N h N N N r N ti N ti N N N U U] M M f2 c2 M M C] C2 [2 c2 C1 M C2 M �2 N M C`7 C2 c2 M M C2 t2 M d N N N N N N N N N N N N N N N N N N N N N N N N U N N N N N N N CV N N N N N N N N N N f�i N N CV N N r N N N N N N N N N N N N N N N hF (V N N N N N N N u Vid st co co co 0 o p N � o o p o o rD cp u7 p co O O O NN N �] V Lf1 N N ¢ V v 7 V 'Y C7 N � �- m m Lf3 LC1 O Lo C] Ci o O O P m u] W O V b P O O o P LL 0 m c) (,) M co T 0 co c) 0 N O 0 N N N N 6 T a5 T Z Z W 6 al �2 (fJ U � � N N co m M U ❑ 0 0 0 O O O O O O O O O O (D O O O D m r m ~ D 0) 6) ❑ z CSC) N N N W UJ 0© LLf Q U N N N N N N N 0) M 0) 0) 0) 0) 0) 0) m m u Cf) U O O 4 r �a W W T r 9) U) Z T U N N N N N C) N T co N r (n N M N co N N m c) N T c7 N c'7 N M N co N m N r^ ce) .v- M c'7 c) ❑ 0 0 0 O O O O O O O O O O O O O O J0 Ld LLI N a w 0 0� ul U) ZY ¢ N N_ U N N N N N N N O) 0) O M 0) M M 6) 0) O N ID 4 W N SO P 00 N W O � o W W W W LL LL � r- > N N CV hFN N CV N N N N [V Cif N N N N � T T r 2i 2E Y T r Y T T m r2 c 2 e2 CJ m m N m c2 m m P a 1: o co u) 0 b cwt P N 6> N m N N E P (D 0> E ¢ nl r C7 fH f� EH m � ai H N � n N co 63 ti vWv _ � b b9 (fl 64 1p E9 z z R+ m m O) N L N N N N N N N N N N N N N N N N N U � LLwwwLj Z �- m z z z Z o m m m m m a F [D O O P O O O O O m a N O � O m 0 N ISJ LJ rn rn m rn rn rn N N N O7 Q O 1p Ll O1 r t� rn W � p 10 � tO w N [� P N 0 ¢ st co co co 0 o p N � o o p o o rD cp u7 p co O O O NN N �] V Lf1 N N ¢ V v 7 V 'Y C7 N � �- m m Lf3 LC1 O Lo C] Ci o O O P m u] W O V b P O O o P LL 0 T 0 T 0 T 0 0 0 0 N O 0 N N N N 6 T a5 T Z Z W 6 al �2 (fJ U � � N N co m M U co � xr O C— T 0 CO LL > >LL ❑ � Lr � N D m r m ~ D 0) 6) ❑ z CSC) N N N W UJ 0© LLf Q U) LLE 4 Q ❑ U v) U � Z Q Q F_ a m' a O m Cf) U O O 4 LI)Lei') �a W W 0 (D i 9) U) Z m c? ry r O 0 W J ¢ ❑ Z 7Q H F lr K d LL uJ l= 0 C� Ir 0 � Z U U Lli U U ¢ 0 F Z U U LL U U Q ¢ ¢ z w m Z w co z W ca Lu F O p O O O O Q� W w J0 Ld LLI N a w 0 0� ul U) ZY ¢ M U O Ln W F U F- U z z O U Z O LL O N W P N T 0 T 0 T 0 0 0 0 N O 0 N N N N 6 T a5 T Z Z W 6 al �2 (fJ U � � N N co m M z co U U Q O C— T 0 J O LL > >LL ❑ f1 Lr o N 6� T m r z ¢ 0) 6) N z N N N N Z O 7 UJ 0© LLf Q U) LLE 4 ❑ ❑ LLLij tri U U Q Q F_ a m' a O Cf) U O O 4 LI)Lei') N W W 0 (D O U Z Z m c? ry r O 0 W J ¢ ❑ Z 7Q H F Q U 0 r Y Q r� 0 C� Ir 0 � Z U U Lli U U ¢ 0 F Z U U LL U U Q ¢ ¢ z w m Z w co z W ca Lu F O p O O O O Q� W w J0 Ld LLI N a w 0 0� U LL LL N O M U O Ln W F U F- U z z O U Z O LL O N W P N T 0 T 0 T 0 0 0 0 N N N N N N 6 T a5 T 85 W 6 al U U U N N N co m M M co Cl) Q O C— T 0 T 0 r 0 0 N r f1 Lr N N 6� T m r 0) T CY) 0) 6) N N N N N N Z O 7 UJ 0© LLf Q U) LLE 4 U O LL Q N H Ir (o F_ a m' a Cf) U O O O N N W o0 rn O ra W t+ m r m m m m c? ry r 0 W J ¢ ❑ Z 7Q '-" J ¢ > Z 4 w J J Q > Z ¢ LL,W } ❑ J W LL, C1 J W r Y Q o LL Lo Z ¢ z U m Cl 0 � Z U U Lli U U ¢ 0 F Z U U LL U U Q J D co o } W U ¢ C7 ¢ z w m Z w co z W ca a Z C7 w w m O O O p O O O O O O O O m o m b in �n O O N W N N p N p cO O N O a Y COZ N N CP P N P N f� N [O o p N N N c0 O t• N 112 W N (O O W N O P W N O P Cl m N 1p O W N co o W N (h O O N ID 4 W N SO P 00 N W O � o W W W W LL LL � ui > U LL O O:E 2 2i 2E a m m r2 c 2 e2 CJ m m N m c2 m m m m m c2 ❑ N N (LI N N z N N N N N E N N N N N 7 z z z z z z R+ m m O) N L N N N N N N N N N N N N N N N N N LLwwwLj Z �- M U O Ln W F U F- U z z O U Z O LL O N W P N T 0 T 0 T 0 0 0 0 N N N N N N 6 T a5 T 85 W 6 6 N T N T N N N N co m M M co Cl) Q O C— T 0 T 0 r 0 0 N N N N N N 6� T m r 0) T CY) 0) 6) N N N N N N N m' O O N N W o0 rn O ra W t+ m r m m m m c? ry r 0 0 o b P P m m O O O p O O O O O O O O m o m b in �n O O N W N N p N p cO O N O p O o ON P N P N o N p N J J J m J m J LL Cl LL LL LL LL LL LL U � W W W W LL LL � ui > LL: LL O O:E 2 2i 2E LL LL ¢ ¢ ¢ Q CJ U U U (J d z_ Z z Z Z Z 0 0 0 0 0 0 z z z z z z E r F � F- 7 z z z z z z z z z z 0 0 0 0 0 0 9< LLwwwLj Z z z z z Z o m m m m m m N O m a N m o N m 0 N m 0 N m 0 N r) 0 N rn rn m rn rn rn N N N N N N M U O Ln W F U F- U z z O U Z O LL O N W P N Le O O O O O O O O O O N N N N N N N N N N rn rn rn w m rn rn rn rn m T T T r T T N N N N N CV N N N N Y T T T M CJ M C'7 cr7 M [7 c'i M M O O O O O (D O (D O O N N N N N N N N N N rn rn rn m m0) 0')w m rn Y T T p O O O O O p O O Q vs o q p o o ch q o 0 4 in in es v3 e3 to cpo r o of m N N �p LfJ In O CJ O l{} O O 4 N N V V O r o N O O rn m O rn [O P rn cD O ptOi �A O rn fn O m O O rn m O o rp O 0 �P o 0 O Q p p p N O O O O o O N N N N N r• r N T N T O 4] uJ 7 ''J O co } M O O O O Cl O Clclo O O Q 4 o O LLI C7 z o Z¢ X (nLLI U 0 U U U LL O u� w J Y Y Z O O a O Q U Z � Z H o EL O p aa a Q Y Y U 0 W co LL co a O U U � K LL Z Q W or c i > U J LL n� W w W z Q a O U l¢i_ U v¢ K O U Cn W m Q 7O W r > O U J a LLI C7 z o Z¢ X (nLLI U 0 U U U LL O u� w J Y Y Z O U v W LL O a O Q U Z O 0 F 4 Z H o EL O p aa a Q Y U O O 4 N N N T T N �- rn m O rn [O P rn cD O ptOi �A O rn fn O m O O rn m O o rp O 0 �P o 0 O Q 1 rn � OJ O 'm o� a� rn rn rn w co n n c7 Cl) M M 0 0 0 Y T T 0 0 0 0 N N N N N N N rnrn_rn0�rnmm N N N r N N N T T N 00 0 c^ 0 0 r 0 r 0 NN N N NN N m m Y rn T rn rn T rn w N N N N N r• r N T N T m rn m c m O co } M N O o O O O o O Q p a o N crJ N N [+1 N C] 6 W C� o a o 0 q Q q O LO u r W K WN W W a W � w w Lzu � Lzu a � C7 LL tJ CJ LL U LL LLI f x 0' EL W X W W W W LLij w W X � W W W W W W Ll © w w w w LL LL LL LL LL O f2 �2 �2 M M r r q N O N O N O N O N O N O N rn rn rn rn rn rn rn N N (V N N N N o CO O N Q � � F - LL W LLU Q Z W O U LL o W zZ w d W E a - U Z O U)O W K � 0 O LL LL LUW z J J LL O O O O O co O O O Q O O N N N m rn rn a.o.p 7IC, dl CL Poi it O O .a N V p O N a O O O O O O ui �2 O w m m m_ c� co m m m co [] CD (D Q O O O O Q O Q O O O O O N N N N N N N N = N N N N N N N Y C) O O 0) 0) 6) O C) (7) 6) O] (3) 6J O) m O rn rnLi N N o Q Cl mw LL w z z¢ Z w❑ 2 L� cr 1 ❑ O U H J m Q LO Z O Z U m ❑ 7) U -J w } K d Z O Y Ca! U iz Z O Qw U = K J Z d N N N N N m C) cV N m M N m N m N N N N N N m ¢ O m m M co M M I) m 6 o 0 0 � C—) 0 r r 0 0 r r o Q o 0 0 cc N N N N N N N N N N N N NN N N N N L) rnrnrn o rn rnrn a) rn rnrnrnrnm a Q) r xg M CD C < m N N N N N N N N N N N N N N N LU LL LLJ o p o O rn rn 0 L N o N N 2 2 N N N N N N N E d of p a O W o� CP EA lf� W' LCJ Lf] lt7 p o U a Q W 7 b3 '6 s z w N p 0 0 U 0 0 o p p f0 O h m o o o r c" o rn ri m (7, o � V v o7 r m �i o u� ui ori iri Ni � 0 a 0 0 0 0 E r a n Q Q m m r 0 it O O .a N V p O N a O O O O O O ui �2 v O w U) z U) 0 o O O �LLJ w w � N N N N 6) 6l U 6) O Q O) Z Y O cc N LU � (O O J O ro m w ~ rn rnLi N N o Q Cl mw LL w z z¢ Z w❑ 2 L� cr 1 ❑ O U H J m Q LO Z O Z U m ❑ 7) U -J w } K d Z O Y Ca! U iz Z O Qw U = K J Z d Z 0 D 0 w K n () O z Z O z 0 FO 7 X w n j 7 w zw Z O Q m z 0 a❑❑ ra ¢ O w 0 z 0w F C) ¢ U x U x CO U x w w cc � w¢ Q Jr u) (-) CC w a w w F J Z Z a v O w U) z U) 0 o O O o c w w w w N N N N 6) 6l U 6) O Q O) Z Y C1 co N LO O (O O (fl O U) Cn U3 Sn � t � U UJ E � z - � m r Q z O c m z a ra C) U c N N (D CO w w w w � w N m z ❑ U U U > U w L 0 Z Z z Z Z w L z xg M CD C < a m Z z z z z z `m rn LU LL LLJ z ¢ . rn rn rn rn rn L N N N N N 2 2 N N N N N N N N d 0 r L a a u] lf� LL LCJ Lf] lt7 p o a a Q a Q = z z s z w v E O w U) t) U) 0 o O O w w w w w N N N N 6) 6l 6) 6) O Q O) Z Y C1 co N LO O (O O (fl O U) Cn U3 Sn w o U UJ E � � � � m r Q z a m a ra C) co N N (D CO w w w w N w N m o ❑ o 0 0 0 © 0 0 0 0 z z z xg a m 4 z z z z z `m rn E O O O m Q o O O N N N N N N N N 6) 6l 6) 6) O Q O) Z Y C1 co N LO O (O O (fl O (O a �o O N m m M M co M Cl) CD O U UJ a O O Q r Q r Q T O N N N N C) N N N (D CO N N N m o o n o 0 0 0 0 0 0 0 0 0 0 0 -Y rn m rn `m rn rn m rn rn rn rn rn rn rn rn L N N N N N N N N N N N N N N N o 0 o a a a u] lf� O LCJ Lf] lt7 .�T7�GileC�rZ�c O O O] 6] CJ N O O O Q Q O O O N N N N N N N N 6) 6l 6) 6) O Q O) O) N N N N N N N N m m M M co M Cl) Cl) O O O O Q r Q r Q T O N N N N N N N N (D CO N N N N N N N N a bW3 o p p o 0 o a a a u] lf� O LCJ Lf] lt7 p h N p 0 0 a 0 0 o p p o o a 0 a 0 o o 0 a 0 a 0 a 0 0 0 0 LLLJ W Q Q m m r 0 0❑❑ N N N N N N a- Il � (n r� c7 m r) ❑ LU ❑ w N O N p N r N O NN O 0 0- m a a a z z W w w w 7 LLL Z Z L Z Z CLi_' LL a a d Q Q w¢¢ Z UZ Z Z Z Z Z z 00 00 00 0 0 0 0 0 (n N Cil (n Cl] in +I1 V) Q Q Q Q Q Q Q Q o2S .S d5 .6 0.3' 0 K6 wwwwwwwuLJ z z z z z z z z J J J J J J J J z z z z z z z z = 2 = = = = = _ 0 0 0 0 0 0 0 0 (+j co a 0 o a P a o a a N N N N N N N N `rn rn rn `p rn `m m rn .�T7�GileC�rZ�c O O O] 6] CJ N N O) N m Q Q O O r r N N Cl) CO Cl) M =0 d O O Q N N N N N K Q w U cY p c1 N CL' cr CL C- m m z z N N T T N O N N 4 o O p O z z � r r 64 w � � O O O O O LQ Lc] a O O co N N u) O 7 � a a o p o N N M O O 7 I �2 m o 2 L a o N N p p �- a LU UFL Z 7) U O Z d vi U © z LL Lu It > ❑ z U Q a U) C) LL U) C7 LL LL K Q w U cY p c1 N CL' cr CL C- m m z z 0 O U U CC (if Of (7 m (7 (7 7 p p O O a N N N 2 N m rn m m 'o "-I Irl IN N WE z z Z Z z z 0 O O O CC (if z z w w _ = w � U W w 0 0 � r12 c0.) 0 o z � r1i r (D CO (7 m (7 (7 7 p p O O a N N N 2 N m rn m m 'o "-I Irl IN N WE LJ N co co r) Cl) co Cl) Cl) co Cl) c� c7 cY7 c*� c'> c� c� c�7 c�') Cl) cn c' Cl) c 2 �2 c2 c2 co r O O Q Y r T r 0 0 0 0 0 0 O O Q Y T c) O O O 0 0 0 O C? r O r O 0 0 0 0 N N N N N N N N N N N _' N N N N N N N N N N N N N N Y U 67 O) 6] (� O] (� Q) 67 d) 4] C7) O) 6) CD 61 � 6] m � m � O] 47 (]7 61 F O ¢ tL Q L�j�y C7 LU Z J Ld m LL W Y v) I-- Z 0 LLJ J w z n 0 c- T T r r r T r r T r r r r r �-- L N N N N N N N N N N N N N N N N N N N N N N N N N N a co co co co C�) c*) co co c*) co C) m co co c) m C+) M M C) M C-) m co co c�) n oY oT a Y r 0 0 0 0 0 C—) r 0 0 0 — CD o a o r r —0 0 (=D 0 o a or T 0 0 0 0 W N m - c9 O N N N N N N N N N N N N N NQ N N N N N N N N N N N Y U CD rn rn a`)a)U)mCDm rn �rnrn w0)m rn_ Z -D cy) m 0)a70-)rn CV U Cri C'] CJ _rna) [") Ci C2 N N N N N C? M N N N N N N N N N N N N M M M C] C] C2 Cl C2 M Cr1 o o d o O O o o O O 4 o O (O p o `m O d o O ( 1D r O O O � O I� O0 O o OC m m o O N N r W W c7 CO O 0 O O O O 4 O E rn M rn rn rn rn m m m rn L N m N W fF3 (/3 N fR fH V} N N 64to N N N c V N N N N N N N N ffT Fg b?e U� F C] m rn m u] Ln 4 c(] m ti V o o d O o O o o M V N_ d o O O 4 4 N V O �1 O M M O N W V O O O O O O O N N O M W LO O N O O o O r P- 0 C V M 7 m O (D M O O Nm r O d' 1- ti (O O O O LfJ m m ID N N cj r r Nm V V N r CO N N M co O V c0_ N 4 SCJ N 4 N N N N N N N O m m m 4] m m N O O O a O d 4 o O O O O O O 4 o O O O W O 4 7 O ¢ ❑ o r N Cn v v a� d' o o � Y r o 0 o r V 4 r c ❑ c c m c0 co ❑ CL cn � w W > m ❑ x U- W � r U <J rU > z O UL a U 0n w> ¢ CO M co z F 0 U U z O¢ U U 0 w °- ¢ 2 U ¢ U O cn �' W n w� W0 n F- m N j cn �-' U w = O j vi W' h a O U w = W U� w S zLU w W J O Q u.. z Q cc w O J N d O� a cc m m W w nf: a F- w z w co p W cn c w n- m F- Z Q U w F w K ,i w m F z O U w F- w 0� F-' z W 07 p > ❑ Cn n W d m Z O U w M w K w W m I-- z O U w w z ❑ O = a C7 Q O 2 Ci z H U F z O U w U w co M v w ❑ U > v} O y a_ U M ❑ LL w r W U ¢ N" p w O > Cn O N d W 0 Li w C� z 5 ❑❑U� r cNv N a N w d 0 LL w U w> z cn zi O ¢ CL m a a F-: a- a� m z o F O ¢ tL Q L�j�y C7 LU Z J Ld m LL W Y v) I-- Z 0 LLJ J w z n 0 O Ln w T n Z 0 w w z w 0 uL � W 2 u Z 0 w w Z Cn 0 n LLI W T n Z 0 w w z w 0 O n IWi__ W 2 v) Z 0 W w z 0 0 O n w 2 n F}- Z 0 LLij w Z 0 0 ¢ U LO n J w ¢ ¢ �'' ❑ a 2 2 0 w a 0r ¢ Q w 2' F w �`- V) cr w a F w cr 1- w w y W CL F w � h- w 0 w w a ❑ W F- w EY_ F w co � w a a❑ '1 w 0Z F w co af w s W w K E- w U) w w a. cn w � =o z F a O F O x a U W O U w O of m ¢ U ...� ¢ z O 0 w W uj U r D O w CL C7 N = z < z EE w Z_ co N Z O F h d' a CO Z Y ¢¢¢¢ 0 Q¢ cn Z cn co z O F ¢ �' a U) �Z Y cn cO Z z n w 7 0 0 w z z O O F- F- F H m m U ) to Z Z¢ Y Y n w 4¢ rn ca a Q E d U ti [O O W cp O C9 O o N SD o N m O N N (D d co N (� o N cP O N O d m N co CO o I- N co m O W N m - c9 O rn N CQ O v L U Cri C'] CJ [") Ci C2 C? M M M CJ C2 M fri M (•J M M M C] C] C2 Cl C2 M Cr1 o o d o O O o o O O 4 o O O O o `m O d o O O o o O d 4 � o� m' rn m m rn rn rn rn rn `p m m rn rn rn rn rn rn rn rn m m m rn L N N N N N N N N N N N N N N N N N N N N N N N N N N C) N S6 U co n c") (j cy) c`) C`7 M M M M M co c) m m m M m C') (-) M M c) M co n (� Y T Y Y T -- T _ T ❑ 0 0 O O 0 0 0 O O O O O O 0 0 0 0 0 0 O O O 0 O 0 0 C❑ N N N N N N N N N N N N N N N N N N N N N N N N N N N U 0) 0) m m O) 0) 6) 0) 0) m 0) m m O] 0] 07 07 Ol 0) 0) CD m m ) m 0 6) 0 T T r r Y T T T r = N N N N N N N N N N N N NN N N N N N N N N N N N N N U — T T — T T M c7 co M co co M cf) V) co co c) (•') co c) (6T Y r T — T T C ❑ 0 0 0 o a o 0 o a o 0—(D � o 0 0E 0 0 0 0 0 0 0 o a o Y N N N N N N N N. N N N N N N N N N N IN N N N N N N N �N- U mrn rn m rnrnrn rnrn rnrnrn_rna)mcr) �rnmrnrn a)rn co CD o-) T /� N N N N N N N N N N N N N N N N N N N N N N N N N N N C O O O O W O O ON N O O O O O O m u) r N U � If3 64 64 Vi bq dJ Eq U m F� 0 0 0 0 0 0 0 o a O O O O Q O O O O m lr] t7 Q O lfJ CO I` Q O O O O N N I] O fi O O Cl O O q Cc CO f- o o tom] E Q C] O p O o O O O N N N N N N N N N N N N N O Cc, V N V O O o O p O N N N � N o O N U y V Q CJ nJ N N N N N N N N N N N N Q m m N N N V d' Q Q Q Q Y m �1 -C O p o o N N N p p a o Op o O O O m o Q Q O O O p O o r r O o O O O o o o Y O r r O 4 p O LL U U J J J J J J J J J O _ a y O 0 U F rn N M 0 N J U] W LL ❑ Q rn N o`i 0 N J cn W z ❑ 4 m O 0 U U z J C O J z Q Q 0 KD�F ¢ w 0 z U U) J 0 � (L 0 d W O U J 0 �' f1 0 a W 0 2 U> ur O � d W z O z z W w' 1- ~~ J U Q W W z d d z JF LLL i J U Q L, � zF- 0 U � � UJ U U) ]- U W J LL K F z O U L W' co U > U) F U w J W z 0 U a' U) U > V) F U w J W CL z 0 U [Ui_ W K F w U > 0 F U w J W W' z 0 U u? K U) > v7 F U W J W W' z 0 U ti LL w' U) U > U) F- U W J W d' Z 0 U W � h CO U > U) }- U W J W 4' z 0 U W W' F❑ CO U > U) F U W J W w' Z 0 U m LL F y� U] U) 0 U U U 7 > UJ U) F F U U W W J J W W _ F co FD (n U 7 U) F U W --� W _ Q F-- �_ U) U > F U W J W c) o ID m o N J ZZ W Q F- t1i 2 O Z 7 W J U¢ W Q ~ W 2 O Z U W a W C7 H K = U} > U) i7 J Q T } U 0� U) 0 G O z z zz w �j Q co U U Z Z N U) U) Z z Z Z Z Z Z z z Z z z co W 10 z a > Z O 0 0 z E'- Y Q < C¢1] re n z O2 0 U) z � Q U) [¢!} 2 = U] T U) p U Q U z C? w p ¢ z U U) ❑ to U Z J Z O U m U U U Z J Z O U m U U) U s J Z 0 U m U _W O O O O N N W w �' 7 J J Q Q W W Q I C7 p v) O W Z w O ..J Q U Z K J 2 = 0 U) 0 v) E W 0 Z K o J Q U Z K w ❑ ❑_ 0 U) 0 n Ll W 0 z � 0 J Q U Z w W 2 0 U) 0 w © w 0 z a 0 J Q U z ol W T ❑ 0 co 0 0 E W Q z = 0 J Q U z w W Y D 0 co 0 0 E❑ W 4 z S 0 J Q U Z � W 2 7 0 co 0 0 w 4 Z af 0 J Q U Z = W 2 :D 0 U] 0 Lo 0 W Q Z es 0 J Q U Z w w S 7D 0 U1 0 cn 0 W Q z = 0 J Q U Z w w 2 Z) 0 co 0 cn 0 W z K 0 J Q U Z K W 2 Z)❑ 0 Cl) 0 v) W Q Z K 0 J Q U Z = W = 0 U) 0 u) C] W Q Z K 0 J Q U Z w' w 2 z 0 U) Z O w z U) } ❑ W LLI W n 0 Q F z 2 F F Q F w CI- U) 0 z z d O O U U ¢ Q W W == U of W 0 w 7 w LLI U ❑ Q W x `m 9 m o C J O cri a m 4 C') O M o M O n O C) O co O M O U v O L U m m m m c) c) ch m m m m m m cU m cn m r2 m m m cri m m m m r2 m ❑ 0 N 0 N o N N N p N o N N N o N N N N N N N N N p N 0 N o N a N a N o N 0 N 0 N 6 N p N 0 N `m 0 N 0 0 N N 0 N a� rn rn rn rn rn �3 rn m rn rn rn rn rn rn rn rn rn rn rn ar rn rn rn rn v .G N N N N N N N N N N N N N N N CV N N N N N N [tet N N N N U. - IA Cl) (1) Cl)co mm �_ m C,-) C)commc) m m Emco p o O U O O O O 0 0 0 0 0 0 0 0 O O O© 0 V IT 'Ii "t V Y N N N N N N N N N N N N N N {N N N N N N a7 67 07 67 6� a1 ai o3 � � a 63 a) m m [D cD cp O O O O O 0 U m N N N N N N N L N N N N N N N N N N N N N N N N N N N N N CSV N N N N co co C) co ch C) co c*) c) M m m c') co Q7 C7 RS Y r T C—D r T T rt` N N N N N N N N N N N N N N N N N (N N (Ij r U rn 0) m 0) G) G) a7 0) a o) m m m 0) as a) 67 iD C4 (O 0 0 0 0 O 4 T r r N N N N N N N N LN (N cV N N N cwt N N N N N N N N N N N C o o N (O 4 o O P O O O P o O lj� O P O u7 O O O V m O O pp m N N m O O O M CO O Q N u at b3 Ef3 U m _ o a oo 0 o a co co cp o o u� O o 0 0 0 0 o a o o a v a m o C N CJ V] V N V r r m fi r r I� M r O O N E n N n m o r o �$ lLJ CI O O [O a0 O o O O O O o O U N N O o O O O O O P O O N N N N N N N O O L7 L+? � N _ �fl r M r] m h N N V Ir V 0 V V V � V' Q (`7 C7 M [Q ('J � o c� o o m o o P a o 0 o a o o P o o ("7 N y n (Ci N N N N N N N o] M ❑ o o'� O M r c� [� P P O O O O O O N N N N r O u] u7 (Cl i(1 O P P O O uJ O O O O P a O O O o O O o O o o O O P o o O O O o o O Cl O o o O d o 0 o O O O O O P o O O O C J O ❑ o Nz ,� ~ ¢ = a z LU } W LY W a' IL m¢ ❑ z W a U o Z ¢ J a Y z L a W s ui U U > o Z ❑ Q ❑ J ¢ U5 ❑ Uw ❑❑ ¢ O J c�] o N N r p F U ❑ p tY o.. Ci o N N r m © co W W a ❑ UJ J LL � ¢ U F U ¢ r Z U U U O 6 U >>> 0 Q U w J CC C7 2E 6 U (n Q¢¢¢ U' W J W ❑ 2 O 0 U if7 0 Lu J a 2 o C7 U i w 0 W J w U z ¢ z (n U i>> 0 0 W J S Cn U 0 a¢ 0 W J u it O d co U U) 0 W J (7 w U Z U (!1 U > Cl) ¢ m ] D Z � U U c� Z J a m U 4 U) U U) ul Z ¢ F J z O U r U O rn U U) U7 z F J z U U r O Z ti3 U U) !n z F w z O U F W ❑ z Z) W ( F- w ❑ z D W cif. I_ It W ❑ Z 7D� W CC F 0 W ❑ z W f - W O Z D W U m Z F Z a Ow LL Z Z Z N Z o O C7 Q U ❑ ui Y � U _ w x D z W a U 0mC/) Z < J crn U LLLI J Q >1 Z w a U fl Z ¢ J vri a, U L}tJ J Q 5> zor W a U Z Qof J u~7 a U L}LI Q z (D Q IY F F z 0-° w C7 ¢ 1- Q (j Q K U) a'Ul F F 2 Lu O Q F Q y J CL a � ¢ Q V) W X ¢ U Z ¢ F F 0 Kf C) z ❑ D- w LL Z ❑ 0 0 U) .6 0 z ❑ a w LL ❑ ❑ 0 0 F co .6 0 z J a. 0 L ❑ O 0 0 F 0 c6 0 z a U LL w O 0 0 F 0 46 0 z ❑❑ a m LL w W ❑ 0 0 U} .i 0 z a w LL ❑ nL ❑ 0 0 L 0 u7' 0 z a cn LL ❑ � ❑ 0 0 F C E -� Q a t7 z o F �- z O F } U z W ❑❑❑ 0 z z a -j.� a >- w J w U z 0- 0 z z a¢ a } w w 7i U z a 0 z Z J a } J J F 4 2 w W m QO [Y Ow W ¢ z [L- o = 4 zZ c'C Q¢ z [L- O � ¢ ¢ = z a: o � ¢ Q C Q W O F- of W 0 <4 W a. u) C = X U m ¢ z O Q U] Z U 4 m [O p (h to o N co m (D O cY f`7 (O O m P P Q ('7 CO o co CO m O G (O (D P N Q (fl a rn O O O r O N 4 N U v Y U N rn N m N m N m N 6> N rn N m r - N 6> N N a1 N rn N N m N m N rn N Ql N Q> N l0 N N w N w 1 4 N N o N N O N N O N N O N N O NN N N N N N N N N N N N N N N N N N N N N r Ow ❑ v �' v v � � v v rr- v v �_ �_ v v v � Y O O O O d O O 4 O O O O 0 0 0 O C7 N N N N N C_�! N N N N N N N N N N N /r N N N N N N c� N N N N N N N cam! chi N y Y r Y r r T r Nt a o 0 0 o a o a o 0 0 0 0 0 0 0 0 NN N N N N N N N N N N N N N N N -m N N N N N N N N N N N N N N N N N C N O O p N O W O O O � O W O O O (Cl O n O O p cp o cn Q co W u� s4 va (» M U L) U m O F 0 0 o N o O O o M 60 o co O O o d p o O O O W10 o � 4 O O O � u] O n d' O M N O Cl � n I O E 4 YE O d p u7 N 1Li u� N O O N 10 O O p O N O 4 m O O Q1 O O O O U N N N O M co M m O M o d d n O U N N N CA M N N co U7 CJ N 7 V V Ir M Q r ,r I- N N V N V d' N V, V V M M O O O O O to N V1 ❑ m O O N N m M T- Q N N N 0 �n o N O N r p r u'J d p O o o O 0 b a r N LL C O vi Q Q C Z m w w Li LU n cn W O w a >- Z U w 0 Z w U U Q ❑ U n m m m m m © ¢ z a a. a_ n o ❑ N Q ❑ o X M o LL p L)_ m J z co U z w z O `° ` m o' w F- F LU LL W W w w w w m m w Z a aLU ❑ F ww � W ❑ O J w w w F C2 Cr w } z H z a J J J J Z w m co m C7 K u m m CO U U d d d LQL Q Q t¢L LXIL iQL U U U Lij vN''rvv'�ry �- r o U U o o a a o N N N N N N m � LL 1 U o z z z N N N N N N N N Y N r N r N r z z z N � rn W 0 z ti 0 v3 LLL Li -U) w w U) D O Ln N 0 V] ul o a o o �9 a] W LL'1 r Y Y Y W LULi LUi.i m m co a Q 4 z z z m }W m F z m Z J F O m z o o z z a O Q ¢ U U O OLLJ cn Q Q cQ v m U $'ofLLI Z Z ¢ K ❑ p W w W U U Z Q = Z Q z Z w w W F F F O O O Q a a 2 2 2 W = U UUQ K N O O z Y N Ln M (P t(] M O L<1 M O l!] M O 4l Ci p ] m O Y7 M O 1f] M Cc) O (O N co d CO m O m O U N O p p O O O L U O m p rn p rn 0 rn 0 rn 0m 0 m 0 v Q v v r a o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o O N N N N N N N N N N N N U vN''rvv'�ry �- r o a o o a a o N N N N N N N N N N N N N N N Y N r N r N r N N N W 0 ti 0 v3 Ln N Li'J V] ul �9 a] W LL'1 n W M r ti � ti N O O O O O O O N N N N N N N p p O O O O O m p rn p rn 0 rn 0 rn 0m 0 m 0 v Q v v r O o tl O p o O O O O O O o d Q w W ¢ Q Q U J -j U U U U m U U m rn m m U U U U CNJ U U Z Z Z Z Z Z Z a a m w cc: cr w w w W W w w Z Z Z Z Z Z Z CL a m m a(L 0- 0 U U U U 0 U U U U U U U U U M N co O a o o 0 0 0 N N N N N N N v v Cl 0 N N N N_ T T r T 0 CD N N N N M M rn ri U) � CDLLI 0 0 0 LL O O F- Z M O V V 0 0 N N N Cl) m a� o �It_�_�_ 71-�_ vv�r� �tvv�r v vv� vvvvv��r�rvv�v Y r r r r r^ r r T r r U O O O O Q O O O O O 4 0 0 0 Q Q O O O O O d O 0 0 0 O Q C7 N N N N N N N N N N N N N CSF N N N N N N cV N N N N N N N cV N N N N N N N N N N N N N N N N N N N N N Cwt N N N N N N N N N N (0 v vIT lz:-_vv 'V v�vvver�-vvv� Y T r T Y r r r r Y T T T r U O O d d O O Q Q O O O O d d O O O Q Q O O O O O d 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N cif N N N N N N N N N N N N N N N N N N T T Y T T T r T n O IM O O (O fp O O U] O O r a m of ori m o a cp of a Q rn P 0 0 Y r Eq � va sv U U � U D N N N N f� O W d a o o O LO W f7 C9 N Q� Y r W m W q N N N N O a �P rn rn I] 4 ¢ sk O O o O O P a O O rn m m N o P O 4 O O o O O O O o o O O a N O co UN N u7 V, N LO ui N d V O N N N N N N N N N N N N N N N N r N N N u7 �1 CJ C] N N N N N N N N N N N N NV V V V' V V 0 D o o r� N r� cn o ro oo rn r m rn m rn W ❑ o o a o o a u� r� o Lo �n Lo m uo u -r .; i to �n �n in �n �+7 cn cn cn r2 ch 2 c2 0 0 o m m a� W m.r w rn r W c 0 0 0 0 0 o a o 0 o c2 v�� v c� v ch r2 a m r r .- r r r � 4. o Q w 0cr o 0 0 r OU) m 7E 0 w Q Q z ¢ U U1 :5 U) w o ❑ z ¢ U 0 U) w 0 ❑ z ¢ U LU > U1 w w n ❑ z ¢ U W J F z z Qa� � U z U cis U) lL a W i% U1 O U z ¢ = W > U UJ O U z Q¢¢ z w 7 U � O U M z s w > T � O O [l F z z W > O J 0 L w ❑ [if(rnf7 © z 2i Q O 0 0 z w ❑ ❑ z O 2i Q O a J 0 w ❑ ❑ 2 Q ❑ N 0 0 ❑ ❑ z z 2 C 0 Y d o n U] f2 O a L- US w w z 12 .Q t2 O J n [fj w w Q N � N JCO a LL 0 co LL p fl� W cIo O F z ¢ J ❑❑❑❑❑❑ ❑ ¢ Z' cn c7 F- z ¢ J ❑ Q W cn 4 F- z ¢ J ❑ Q m o 0 F z ¢ J ❑ Q¢ V' to 0 F z a J 0 C] 0❑ F z a J ❑ ¢ CO v_a F z ¢ J Q❑❑❑❑❑ ❑ ¢ '7 co v O F- z ¢ J ❑ Q¢ (`l F n D❑ F z ¢ J ❑ co F H z J ❑ ¢ V' 0 F F n cc a o F z_ z J J ❑ ❑ ¢¢ L) U m ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 o O P o a 0 0 0 0 0 UN N N N N N N N N N N N N N N N N NQ N N N NL) N N N N N N N N N N N 1 L N N N N N N N N N N N N N N N r — r r r r r r r U r 0 UD Lw ww LL z z E w W w m Z 0 J W z ¢ O 0 F Z >> 0 U LL W z Q¢¢ O LL 0 z z 0 U w - w z O LL 0 z z ❑ 0 U J w z O LL 0 z z ❑ 0 U H z W ❑ <t J w O z w ¢ J O R` Q U Ln m O z Q m ❑❑ Z ii ¢ O Fa 0 O Q m Z 2 Q ❑ J J m m O U K ¢ ¢ 0] m o o Z Z 2 � Q Q ❑ ❑ 0 w z z a ❑ w LL Uj � d 0 w F z a ❑ W �_ 0n W >?> ❑ U w z z w p w LL a/ W. ❑ U I -LW z z w © w C/ W ❑ z <n < ¢ Y 4 W CD O 0 ❑ U co U a ��� J z w z O 5 z z W U co U 2 J z w z O � z z W U Ln U o' J z W z O K z W w a U 0 ❑ z J W U w W w s U in ❑ z J W U >c w w n. U cnLL ❑ z a J J W U >C w w a U cn ❑ z a¢¢ J J W U W w w a U U n z J J W U w W W a U ❑ z J J w U W w w a U cq ❑ z g J W U w W w �L U vi ❑ z g¢ J W V X W w n. U va ❑ z J J W U w W w ❑ U va ❑ z a¢ J J W U W w W w te a U U in cn ❑ ❑ Z z J J J w w U U W W w w dJ 9 E z U m ch cc a � roi co O cn M cn O n co O m rmi O rn M co O o cnn 0 P e~'s W O L) U m ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 o O P o a 0 0 0 0 0 UN N N N N N N N N N N N N N N N N NQ N N N NL) N N N N N N N N N N N 1 L N N N N N N N N N N N N N N N r — r r r r r r r U r Le It v Nr_ �_ v �- v rr d" �- �_ v v � �r vI;r IT IT U 0 0 0 0 0 4 0 0 O O O O d 0 0 O O O C7 O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N U N O O O O O N 0 0 0 N N O O O 4 O 0 0 O O O O O O 0 0 0 N N N N N N N N N N N N N N N N N t N N N N N N N N N N N N N N N N N N N N N cif N N N 0 0 0 Cl c4 Lri o 0 0 0 0 o w O O d Q O h L'� m cr3 r m o rn w e -r < ffl � 64 4fi r 64 H3 U m 0 H c4 m u] Co w O o 0 0 0 (4 o o a d a 4 a o o Q n u7 0 o a c4 Ln co m ro d' ri C1 �'i d' V' ui O V of co 0 0 0 Ln Ln o m of c J I` Ln c N Ln Ln o �� w o m cr V o 0 0 o m Ln Ln n � r m o E ¢ N N N N N N N N L4 LL7 N CO CJ V O CO N d V V 4 v'r v' v V v v v v v N v N Ir a N V m�n Ln m m o d m m c� r� cn m rn m m m m Cl) m rn 0 v r ❑ L4 In Ln ltJ O o rr] N N C3 r N m o LT1 N r O m C7 m 7 N Lo O 'o rn m rn m oo m r � o r o Ln r r u� on a r r G m C2t2 m c2 c2 Od oO LS1 OO O O N O O O N O O r � � N O o r O �" o O O d d LL N U U z 'Q N N ❑ .0 N � m CO U cn G❑❑❑❑❑ I F- z z ¢¢¢¢¢¢ ❑ [a f� n❑ ¢ ¢ � F z a❑❑❑ Q Q� cn H z D Q cD O cn h-= z z O D ¢ ¢ z D of z p U J¢ w❑ Q� v V r ¢ w a ❑ z 0 O ¢ N Lzl1 7 CL — Y tC Cl p o ❑ 'i Q 6 U 7 W F LL LL C7 (] z Q x w _ 'p CO O ¢ O z W 0 ❑ Z LL W w y J U ¢ LL Z ¢ Q.• Ln d N (7 O L7 m d U W CS] } ¢ z p F z WCD w � II] j vy W Q U m ❑ o ¢ w m } ¢ ni z O F Z W F W❑ ❑ O a" Q U Lo w c? C7 p a C.`J m U Z LL W x z O Q W LY U w Z LL W z O Q W d' U LL, J z }} F U❑ w J m n ❑ 0 U m ui w J Q, a rn U (!7 UJ Y Q 0 a. U v� w w J J CL CL d a z 0 N U U O O ❑ 0 Ln U) 0 0 0 o o a o o 0 o a o 0 0 0 0 0 0 0 0 0 0 0 U) Q N N N N N N N N N N N N 1 N N N N N N N N N N N m o z z w U U z cq F LIJ z a CL U z J W U X w Q U d z J W U x W a_ U z W U x W a U z ¢ W U x W C- m U U O © Z Z J J W W U U X X W W W w Q Q 2 W 0 0 [Y CL' O p } } ¢ Q w W w ¢ Q C7 U w LU ~z z O U O Z O w CD n O z O U L4 7- a- CO0 m O ❑ Z}( LL } ¢a 0O Y C J C7 Y 4 Q 2 z z z m � __jCL W W 2 2 LW W LL , I w W << 4 4 U z (7 CCD W ❑ ¢z ...7 Z 2 vJ O U Z Q Z)z Z 2 Ul O U Z Q N Z w ZIJ Z p > z } z Z O w Q p Q = z Z W w Q O Q 2 z Z w w w Q Q O O Q ¢ S T z z z z w W N Z r� cri N m La m m � � m cp =f1 m co C4 ry co h m co CO m cp 6� m co O m Lo r m cn N m c4 I7 m c4 V cn m U qy O r N ❑ 0 0 0 0 0 o o a o o 0 o a o 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N 1 N N N N N N N N N N N U LO r QD m m a_ m ❑ r v�'T 7- 7r It v v v v r Y o O 0 0 Q © o O O a O O d O � N N N N N N N N N N Cif N N N N N N N N N N N N N N N N IT Nt It as C) O 0 0 0 O O O 0 O O O O 0 0 U N N N N N N N N N N N N N N N N N N N N N N N N N N cli N ll7 4 [p [D O (4 N V FR CO n Q Ffi Vi r vi 64 4F1 64 V3 H3 V n L IDU m F cp o D ch O o 0 aP C N co W N o r� O W 0 in �r r n n n ori o r o n N o ni v ri � m ti n iri � E Q 7 N C{} N O O O CCi O N T O d O N N C➢ N N N V G' V V V N V � a o o o d O o O 4 0 0 0 0 0 0 0 0 LL d o 0 0 0 0 0 0 co Y O � � U V E w Y z w z ❑ m ❑ LU U d r > LLL! W z z O W r o LO i z Y �_ J U J Q U) LL Y Y Y O U7 W W z Y Z r J U 4 U7 _ Z 4 J W D fll Y O O D OY U Z w O K Z U ~ Q W Z Z Z W uj U~j Q Q cn ❑ m Z U) Z m K Z } W O O ¢ O ¢ ¢ J W Z O Z m s � m W w M W rn m rn rn rn rn rn � �n co ca m co cp cn co m ca m U d o o d o O o o d o O o t U v ❑ 0 0 0 0 o a o 0 0 0 0 0 0 0 � � v 0 0 0 N N N N N N � r r ►-NM— in a m r m o c o o N o o � 0 0 0 0 N N N N N i`I Ti N oU Q W ❑ � v W U p m m c] m Oz ❑ ❑ ❑ ❑ Q g Q ❑ co LLJ � 0 g z a d O O Z Q K cis z d N F H U LL m L) J LL LL U J LLJ J - LLLJ W j W F- Fr_- d o Q W w ]}_- C2 J J J F" a- N W Q. J _f Q LLJ LL co Y O � � U V E w Y z w z ❑ m ❑ LU U d r > LLL! W z z O W r o LO i z Y �_ J U J Q U) LL Y Y Y O U7 W W z Y Z r J U 4 U7 _ Z 4 J W D fll Y O O D OY U Z w O K Z U ~ Q W Z Z Z W uj U~j Q Q cn ❑ m Z U) Z m K Z } W O O ¢ O ¢ ¢ J W Z O Z m s � m W w M W rn m rn rn rn rn rn � �n co ca m co cp cn co m ca m U d o o d o O o o d o O o t U v ❑ 0 0 0 0 o a o 0 0 0 0 0 0 0 � � v 0 0 0 N N N N N N � r r ►-NM— in a m r m o c o o N o o � 0 0 0 0 N N N N N i`I Ti 6 a ❑ v v v � � � v � v � � � Y �_ r c) O d O O 0 0 O O O 0 0 0 O O O O O O O O O O Q W N N N N N N N N N N N N N N N N N N N N N N N OC Y r T TO O O O 0 4 T T T U O O —D Td O d O O O Q O O OED O O d �) N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N s - b a o o o w n o w o w o m o co 0 0 0 o b N (n b n M In rn o i+ v o O (O uJ O 11 M O N (O �i M N3 Y' N Q N m 69 r h N N fH Efl M Q U' m F� o b C7 -E- ID 0 o o O N f� m o v3 o I� M O tD O O O r V N CT M o N m S`1 N Q i� u N N D fl b 4 P N D D O n O C P CD m O O b N a b P o O ❑ M � r- � (n o m o o � s- r � o m m o b .- � m r� M O P o c0 r O P P o r oc, O 4 r u. c 0 LLL zl } S u) ? w w p_ J LL o CL w !L (w L QQQ��Oa W rn N Q i z O F w W w m ❑ o a U] W d z U � ❑ Z LL ❑ ❑ z ::D J m Y } r U J LL a m ~ n � } } 0 u3 U U a En � ¢i C~) w w 00 J J L N U) Q U 2 L) J LLJU 4 U] F} 0. U U1 Fa- w � O S u) ? w w p_ J LL o CL w !L (w L QQQ��Oa W rn N Q i z O F w W LL cn Q U F U zd U ❑ U L z = O U 2 a a F Z } O LL w d t-- O O F p U LL 12❑ W Q❑ O ` m LL w U t - z O J J L N U) Q U o C) z z z A �C14 n E z U c17 r = = (� ❑ (,J a z w u=i Z O v) z ¢ a U) Q x co a F o 0 o o uw w Q � � 0 0 a a U U z z w wLLJ 2 2 F ❑ ❑ O O co U) J d U cr O a U z w 4 S ❑ O U) v) � Y Y K� a s d ct. 0 0 O D O C7 C7 0 ��� LL LL LL 0 0 0 Z Z Z <z co co U) Z z z ❑❑❑ Q Q ❑ ❑ ❑ Z z z Q 4 a F- F- r V) co W ❑ a J W F 0) w W � w F Ul U z O z 4 Z Wz F-- z LLcl� O U a < Ci W z N J cc Q W z a 77 7 J 0v) C7 a 0 LJ 2 Cl) O x - = to o o H C U) z z CD 0 << LL LL Z Z Of C4 Z Z 0 0 a a. Lu LLJ C7 C� a a Z Z z z a s } 7 Q Y U z w O z J O O U U) ❑ W Z Z) J J a F z a `m r Z O (0 (O b O cc (O P O V (O o O � (O 0 O � <D 0 6 Q [O o O V (O b O V [O P (O o m f� b CD N a m �P o M (O o (0 fD b V f0 a (D o (D 0 (D 0 t U m ❑ 0 0 0 0 0 0 0 0 0 o a a o 0 0 0 0 0 0 0 o a o o OD {u d Q ° z t} oU O u J J a s >> cn U) o ❑ W O Q a LO W J a a n U U LLJo LO Lp U u- O O Z a'_ W w W Z J U a U) _ IT It It v v IT IT v v v Nr v � �_ J ¢ r } W U❑ m_ W J W Z Y ¢¢ J = U z ¢ J C3 o O O N N c�, c� O N rn O N o� O O N N rn m Q O N N rn rn O N rn O N rn O N rn O N rn p 0 N N rn rn O N rn O N m O N O N rn a Q N N a> O C7 N N rn m O N rn U 00 co U) � U U Z_ Z_ U u7 W W > U) U Z Z Z �7- C7 C� J J W a It (i5 } } a s 17i v=i } r Q Q Z Z n n LU w ¢ Q OW Q U) Z < U J UJ O LU [p Q m cn Z ¢¢ K a Z Z z z ¢ ¢ J J Q ¢ >> 0 0 U 0 0- IL0- IL O O U U W w Q Q O ❑ w r © z J m O 7 ¢ L z O U 0 m W -3 C1 ¢ m o a ¢ W H 0 W ¢ W m U U O U a O O W W J J ¢ ¢ U U Z a w a J w � F Z ¢ U U Q 0 W U W m J p Z s U c7 } n w U7 U O O U W W z z W W } a s 0 0 U U ~~ xS a5 }' i' ¢ ¢ ❑❑ 4 z z Of O O O U ti LZL U} Cn LL W ❑❑ U T a s N N O N r O N 0 0 N N 0 0 N N Y O N m r O N m O N 6] O N m r O Q N N m m r- Q N 6] r O N 67 r O N m O N 0') D O N N m CY) r- Q O N N 61 m r O N m M V (D r in It d' fD a� T C E ¢m xj o p o N 1 m N [4 m Cn m O CO of V3 N M N h ff3 o p O O W 64 m Q1 f� m w 0 4 O O m 64 o O m N co 64 V M 01 V3 w CC! Vi o O �i] o O "t M 64 Q) 7 LO N fH d N N CD fn o O lf) W r V} 0 d W co [n EA Cp Cp fA ❑ o O o 0 0 o O o p o O O O p d d U O O O N N O O N N d N m O> m rn U p O c*7 N o c'] d t� �n 7 W o O cn On o C! o O o n CP rn w o C, o o m V W CD W o 0 O O 0 o N ll� m C h N O p N W T O m O N m CY] CO N h ci N m m �f1 co CO cq N (n E # U ¢ N O n m �I3 cq O O O M 0 Sr p p o O d N cn N V O p 0 N p O o o r V Q 4 O V W N 7 O r N t O O r' O C[l N CO d O N N O N o o 0 o ❑ d LL m o M v u O O o p � a p O m O 4 O � m o O O O O O o o V v O O 0 0 � o p p p v O o d m �2 O O m m �2 O O m m M m O O o o O M O d p 7 � O 4 © u� M r m m Od O O O o m O N co M o o O O O O m d O P OD {u d Q ° z t} oU O u J J a s >> cn U) o ❑ W O Q a LO W J a a n U U LLJo LO Lp U u- O O Z a'_ W w W Z J U a U) _ w w z z K K a. CL U7 U] d' Cr W w z z O O f- H W LL o � Z W CJ Z ¢ z U n O D J CD U 0 U 7 Cl) i a ccF LW O O O m F w e¢ c> H U o U > N U > 2 m m U z n n v) ui W J J J a s a s > z co 0 J J U J o U C/J n w J CL a Z) w r o V) n a S 0 LU W m 2 w � W F h p z ¢ `Z m Q to W J a a ❑ U] U) U W to LL¢ a U U >> Z Z C� d. a J ¢ r } W U❑ m_ W J W Z Y ¢¢ J = U z ¢ J C3 o z a a a a 00 co U) � U U Z_ Z_ U u7 W W > U) U Z Z Z �7- C7 C� J J W a It } } a s 17i v=i } r Q Q Z Z n n LU w ¢ Q OW Q U) Z < U J UJ O LU [p Q m cn Z ¢¢ K a Z Z z z ¢ ¢ J J Q ¢ >> 0 0 U 0 0- IL0- IL O O U U W w Q Q O ❑ w r © z J m O 7 ¢ L z O U 0 m W -3 C1 ¢ m o a ¢ W H 0 W ¢ W m U U O U a O O W W J J ¢ ¢ U U Z a w a J w � F Z ¢ U U Q 0 W U W m J p Z s U c7 } n w U7 U O O U W W z z W W } a s 0 0 U U ~~ xS a5 }' i' ¢ ¢ ❑❑ 4 z z Of O O O U ti LZL U} Cn LL W ❑❑ w Z ¢ Z FW - Z S Q m N m N CO N co N �D N M N W N [fl N C9 N [D N c� C7 W M el' (O M 0 m co CO M V (D m '0 W in It d' fD a� U V ❑ o O o 0 0 o O o p o O O O p d d o O O O N N O O N N d N O> m rn U OD {u d U m Y T Y T T O 0 O O O 4 O 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N Y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N D N N N N N N N s rnrnrn rn a� rn wrn rn rnrnrna�rn�mm0) n ch O O O (O rn O O V O O n W �R c6 V V lS] c0 Q Vb3 ll W V W m 69 m Y 604 N L V3 S9 -7--o M f� Hm O D O O O Op q Q �t O O o a w1 0 o rn rn o 6 P 4 4 O o O O O P O TJ M N C] Q u�X, ch u� u2 v �n m 7 ui Ln ori vi V �n �n in �n yr u� u� �n cn 0 0 0 0 0 0 0 r o o m rrni m v o M ti o Q Q T � T 0 Td T � N U N N N N O] U 0 Cu c F ❑ F- z>> ❑ 2 J J z U to u7 z ii m © w (Il z 2 Y Q a U) U5 z Lu O m J LL 2 O cn U >i..) :E O U z_ Q y Lli 2 W J ¢ I ~ z Ot- z > cc © ❑ Z 0❑ � n 0 z Z w ❑_ Q � J 2 Q W ¢ C) W ❑ z ❑ Z Q W ¢ 00 0 O z W rn ❑ Z Q w a 0 ❑ 4 z4 J � D C1 Z Q w ¢ 0 O z ¢ _ cn �] Z Q L7J ¢ 0 C7 z❑ ¢ W U7 U7 ❑ O I- F Z Z J J o❑❑❑ Q ¢ ¢ Z J ¢ m U3 ❑ z J Q q] U] Q Z J ¢ vvvvv� Q Q T � T 0 Td T N N U N N N N O] 07 z T w ❑ J (D Q U J J Z O Q cr U J J Z O Q Of z C!} LLf U w Cl) 0 0 0 0��f 0 N [�V ( N � uJ z W Z << w C-) z w Z ww C)L) z: w Z LZit Z J F- z - m ❑ Z 0 J O � < m ❑ Z 0 4 O of w r O O w Z = OU a 0 z 9 ~~ ❑ LL 0 = >> d 0 z a 0 ❑ w Lo x IL ¢ U m ❑ ¢ Q -� Q x LU 2 w p a¢¢¢ U 0 4 J w x x w a U 0 Q J w x X w n. U ¢ J w x w n_ U 0 Q J w x w IL Q U 0 Z w w w Q U 0 Z w x w a Q U 0 Q __j w w w a U 0 Q w x w a a U 0 ¢ w O P a©❑❑ O a o o 0 0 0 © c2 w w w w w w w w w O `m P O P c O O �[i N N lSi N N N 07 D Cl cel m V n 7 a n v v n in in �n in 0 0 0 0 0 0 0 0 U O 0 P J J J Q z O w C? U z p o p a s a L U 0 Q O U v z U z ❑ Y 0 N 0 N o N O N o N a N C7 N 0 N 0 N o N O N O N o N 0 N 0 N o N `m O N P N P N � m `m w rn m o� m rn rn rn m rn m rn rn rn rn m rn U r U U r z z Z Z Z Z U U U U U vvvvv� Q Q T � T 0 Td T N N N N N N N O] 07 07 Y T 0 0 0 0 0 0��f 0 N [�V ( N N N N O Lf7 bq a o O O O O O P O 4 O a o o D O o P O P o O O �[i N N lSi N N N 07 D Cl cel m V n 7 a n v v n in in �n in 0 0 0 0 0 0 0 0 0 o 0 P 0 P J J J Q z O w C? z p o p a s a 0 Q O U J z U z Z z Z W O Z O 0 0 ED F W U U U U U U U Z z z Z Z Z Z U U U U U U U 0 0 0 0 0 0 0 wO O O d 0 0 0 U U U U U U U w W W W L~Ll LL w z z z z z z z Li � Lu LL w Ll w X ?~C X X X w w Li w W w w w w O 0 N 0 N 0 N 0 N 0 N 0 N 0 N 7V T T O o N N 6l 4] N co 69 U U Z Z .�J J � Q Q Q 2 a CD Z a o D D m m J J J J O O v cin P r., C� � v v v��rvvvvva-vv�d-d vvvVv'Tvvvv'ryrzr v Y Y r r Y T T T r r T r r r r U o O d O O O O Q CN O 0 0 0 d d O 0 0 0 0 0 Q N N N O 0 N 0 N N 0 O N N N N N N N N N N N N N N N N (��i N N N N N N N N N NN N N N s rn rn w rnrnrnrnrno rnrnrnma�rnrnrnmrno)rnrnmrna)rnrnrna�rnrn rn CO ❑ 71- IT IT C-- r Y t- r r C-7) "C- T r r U O Q O O O d 0 0 0 0 0 Q OCO 0 0 d O 0 0 0 0 4 Q 0 0 0 d 0 O {v N N 21 N N N N N N N N N N N N N N N N N N N N N N N N N N N N 67 m m m W m 07 6] O ¢ 9 ER 'Xj N U m M o O o o m o D 0 0 0 o O m rn [n M M m r o o O O 4 M r N m c6m o O O O O N O 6i m CP O M M N N N oP 4 4 O N N O [O W N 11 4 4 I� N O �f1 ALJ I-� h m Ifs V' V O LO O MM I� Q V 4 11 O W V N fp M n N 0) O N (O u7 O LCJ O O M NN �' O V d' 't 11 O O 4-m W I- V. M � P m m m f - M N N N T m N N r N m E V r r ak N P O C1 O N N o O N N O N N N N o N N O N N o N N N M M M M M d O W CO N �1 � Y' LfJ LC1 U1 r r �-- r �'] r r 47 Q N N N N M ch V ['7 N N C] M N N O N N N N M N N coM N N M N N Y Q r O ❑ r uj Y r r r r c- � Y r r r r y� u� 47 Lfj L(J Lf� d O O N O O o d O 4 o O O O O O O Cl O O 9 4 O O O fi5 41 47 U] �L] WSJ O Cl T o 0 0 0 0 0 0 0 o a 4 0 0 Cl 0 0 0 0 0 o O T r r o c o 0 0 0 0 0 0 LL 4 0 0 0 0 0 0 c o O 4 V O m v O N c Q ❑ c p U m ❑ Z ❑ LL i F U ¢ ❑ Z LL W Z U ¢ W w U uJ z 7 LL W Z o ¢ W K U w U S U Z Q J LL U > 1!} y o K a¢ ti N N N a r N N CC L LL n w 0 W U LL > Va Z u: 0 ❑ LL m¢¢¢ N r o N 2' m U) w W LL z 7 ❑ N 0 N LL tiJ w uj z ❑ M N CC w W w LL Z :�F ❑ N d U > U) 0 = LL¢¢ d' 4 N LL` LL 0 w W LL z z ❑ 0 N LL' a d w W LL z ❑ N N - N a 0 U > v) LL_ o CC a¢ ti N r o� N K LL uJ Lu w LL z n N N LL 0 U > w w 0 a LL¢¢ o r a N LL W W LL z 2 ❑ m r r o N CC LL ! w� w LL z 2 ❑ M 0 z w U > UJ ti 07� = a M � O Z w w LJA LL z ❑ Q M Y v O Z w (n w W LL Z ME ❑ 4 N r N a. L) U > W o w m¢ o N N 0 N ❑' a UJ w w LL Z 2 ❑ o N 0 N s U] W W LL Z zi ❑ ¢_ M ,m N CL C) U > UJ LL: o = a¢ M cl o N d' [ U w Lu LL z 2 ❑ } O J O ❑ Y 2 u U > UJ W 0 LL Y U W D Z a a 0 U > U) u� 0 2' m Y U W U .Z ¢ J LL 0 U > Cl) u_ 0 K m Y U W U Z ¢ m `n U > U) Li 0 K cL Y U W U Z ¢ J m 0 U > 0 W 0 � a Y (} W U Z ¢ J m 0 U > 0 LL; 0 cr a Z) LL W cC z O w U W E U o O 4 V O m v O N U z N ❑ s 0 N 0 N o N O N o o N N O N o N a N O o N N O N P N O N O N o O N N O N O N O N `rn O O N N 4 N p 0 N N O N O N O N O o N N 0 N p rn m' m rn w rn rn rn rn rn � `rn m rn rn rn m rn rn m rn rn rn� rn rn rn m > m a`a w U Z_ U Z U Z U Z U z U Z U Z O Z D Z U z U Z U Z U Z U z U z U Z U Z U Z O z D Z U z U Z U Z U Z U Z U z U Z U Z Q m < ❑ Z d 0 C= C > ¢ Y F � Z ¢ 7w: w O LL . J J ¢ z ¢ w O Lw M.6 J J S Z ¢ w O LL J J S Z ¢ w U LL . J J S Z Q � w O LL .6 J J 2 Z ¢ 2 w O LL .6 J J 2 Z ¢ w O LL z J J T Z ¢ 2 w O LL 0 J J Y Z a w O LL v'f J J S Z a 7�� w O LL a'S J J T Z ¢ W O LL � J J �= Z ¢< w O LL � J J Z li w O LL � J J Z z ¢ 2 w O LL w'$- J J 2 Z ¢ w U LL �!' J J 2 Z ¢ 7 w 0 LL A J J S Z w 0 LL 0 J J 2 Z ¢ W 0 LL m --j -A Y Z a w 0 LL a6 J 2 Z ¢ 2 w 0 LL W' J 2 Z a 2 w C LL .6 J S Z ¢ 7E w C LL -a J S Z ¢ 2� w 0 LL J S Z ¢ w 0 LL J S Z a 2E w 0 11. J 2 z ¢ 2 w 0 LL J 2 Z ¢ 2 w 0 LL J 2 Z a a LL 0 LL J 2 U) z U J J E U o O 4 V O m v O N U N ❑ s 0 N 0 N o N O N o o N N O N o N a N O o N N O N P N O N O N o O N N O N O N O N `rn O O N N 4 N 4 N 0 N N O N O N O N O o N N 0 N p rn m' m rn w rn rn rn rn rn � `rn m rn rn rn m rn rn m rn rn rn� rn rn rn rn m a`a w O N W m m a- MR LJ a$ O Q 4 N N O N o o O q o O O O N N Q N M O O O O NM C fr O O W O N N N I'll V c' N M kJ N V V d' C It co N N S`7 N m m q M M Q M O rn LO r u�) OO O o r r r r O r r O O O LL O W W K U p 7 of W z M m m m O !s W O O O z �,j co m W T Q 2 i7 ° z O b N LU 0. a Lw w M W N z z CA Y m U Z W a n. ¢ o a a tY V c m � El -U � W x co o n F7 ❑ a n O � u w a O IL-�, tr O x U w w U U U O U H O twit w ~ w r v) w > w W r U U>> U U > ¢ > tL W r w w a 10 c F > n n>> n W 0 -1-j z W z z M N U w � W?? a a sU O UZ7 0 0 L7 C7 O U 0 2 7 U Q r a wx ❑ o ¢ ¢ z K E z z a w d d ¢ F 7)❑ w w a¢¢ w 2i w a rn- w w a a Q a a U cn W m zz -moo j w W w 0 o U O d LL L:❑❑ L.0¢a 0 cn Cw7 LU ¢¢ 9) Cl) w w a tL 27� w w z J U U O ¢¢¢ at a, W z z= == z x 0 U U z z 0 0 OO w� w w z z z s a z x= Q ¢ ¢ a ❑ W U � U w w w `1 Z w F z O r 0 a aa: 0 U a O z O F 0 s 0 U Q¢¢¢ O z O 0 d, C� 0 U p z z o 0 F o 0 a s wD� 0 0 U U O o CL o � z J J O w z ¢ W w ¢ U z w 4 U 0 ¢¢¢to �1 Z 0 __= c� L1J CJ CJ z z w w 4 U U 0 0 cn co Z z 0 0 w w W w LI)¢¢ W ¢ Q Z Z ❑❑ O O U U cn 0 W W W W z z z Q co o 0 z z 0 o OO U U ¢¢ Cl) U) z z [r) UJ m m co (nU w w �; �: 0 0 O C) O o U `m E z o a co ❑ v � � � � � � Q v � v v � c � v v v v � r � r �- r �- � v 0 N 6] 0 N a� r 0 N 67 rC 0 N 67 a N O� o N G�7 o N O7 a N 07 a N 6� o N �5) r- 0 N m r o N d) r d N 6) o N 6] 0 N 0 N 0 N 0C—) N N o N m d N W d N O) a N m o N 6] 0 N 01 v ❑ O o O O Q O O o O O O o O O 'rn o o O O O o O 4 O 4 `m a L) a m rn 'm rn rn rn rn N rn rn rn rn rn rn rn rn rn rn m rn rn rn U 3 T T r U N O N 07 O N 67 O N O7 O N o N 07 O N 67 d N 67 O N 07 O N 67 0 N 4 N 4 N 0 N cy) 0 N m d N O.) O N m 0 N W 0 N 0 N 01 4 N c O N o-) O N 9) d N m d N O) O N U T T E Q U LO m co 64 o O W 64 q Ifs CJ rj' EA O ui N d' E9 O O o O Ki E4 o O q f- N ff7 O V O M m FR O O fti N W FH O O N FA O iCJ c J q _ 63 O O a O N V3 o O O SCJ Efl O cP (p ER O O O f`J_ r � U N O o 0 o O q O 0---. 0 0 M O 4 s[j ori O O O o Q o M m O O N O r o LCJ r O O M � N N N V •- Q a$ O Q 4 N N O N o o O q o O O O N N Q N M O O O O NM C fr O O W O N N N I'll V c' N M kJ N V V d' C It co N N S`7 N m m q M M Q M O rn LO r u�) OO O o r r r r O r r O O O LL O W W K U p 7 of W z M m m m O !s W O O O z �,j co m W T Q 2 i7 ° z O b N LU 0. a Lw w M W N z z CA Y m U Z W a n. ¢ o a a tY V c m � El -U � W x co o n F7 ❑ a n O � u w a O IL-�, tr O x U w w U U U O U H O twit w ~ w r v) w > w W r U U>> U U > ¢ > tL W r w w a 10 c F > n n>> n W 0 -1-j z W z z M N U w � W?? a a sU O UZ7 0 0 L7 C7 O U 0 2 7 U Q r a wx ❑ o ¢ ¢ z K E z z a w d d ¢ F 7)❑ w w a¢¢ w 2i w a rn- w w a a Q a a U cn W m zz -moo j w W w 0 o U O d LL L:❑❑ L.0¢a 0 cn Cw7 LU ¢¢ 9) Cl) w w a tL 27� w w z J U U O ¢¢¢ at a, W z z= == z x 0 U U z z 0 0 OO w� w w z z z s a z x= Q ¢ ¢ a ❑ W U � U w w w `1 Z w F z O r 0 a aa: 0 U a O z O F 0 s 0 U Q¢¢¢ O z O 0 d, C� 0 U p z z o 0 F o 0 a s wD� 0 0 U U O o CL o � z J J O w z ¢ W w ¢ U z w 4 U 0 ¢¢¢to �1 Z 0 __= c� L1J CJ CJ z z w w 4 U U 0 0 cn co Z z 0 0 w w W w LI)¢¢ W ¢ Q Z Z ❑❑ O O U U cn 0 W W W W z z z Q co o 0 z z 0 o OO U U ¢¢ Cl) U) z z [r) UJ m m co (nU w w �; �: 0 0 O C) O o U `m E z o a co c co N Q m r v cn c c cp n v m n v co ti cp w c co rn v m o cy- 'r cn co w co N �n co m Q co U v ❑ O o O O Q O O o O O O o O O 'rn o o O O O o O 4 O 4 `m a L) a m rn 'm rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn m rn rn rn U # N Q O O O O �!] s{] Q o O O O O N Q N V V V V V V Q O 0 0 o rmi o 0 0 o a o 0 0 0 o 0 Q Q o O O 'O 0 w a � Y W2 Y LLJ QO U a_ co Lu Lu zU Q m 0 ❑ 0 z V)o a v w o ❑ U O (9 C9 o p m OErK z z U= Q p Tu Z (o O Z m [Y 'z O v > � 0 O w(n CLuw O O U ` j j3 w LLw LU F- � 7- Lif >- ¢ ft� w O O w z co vi Q U ❑ Z C Y K d. G m CC m z z -� 0 T T 0 T 0 V) 0 N N N N N N w V V V V V d' O O O O U r Q N N N .N N Y o a o 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N E �i w U 0 z a v Q m a n N co in z rp LO ci U U r- Z N U U U z �� N � m Z Z c7 tl z z z w z } u -- 0 Y O O O Y r" T 0 0© T O O O O Y- Q O T T O O T O U Lu r r rr r N z z z s rn a-� rn rn w rn a� rn rn m rn� rn rn N L) p z z z z z N Z z z a N 0 0 0 ¢17 z a LLJ O O Lu O O Ll� (P m O i O O Q O O Q w F w V U7 m J m J J Q E ch m O v N r N rn V' N CO o 00 I� r! b} m W 0 Y1 Q V U v a d w U Y_ F F- O O fY U Q � � CK � N z G4 � z U W z W W U3 ❑ U w w 2 Z Z Z L� W U U U U z m N ?: Y �R YU W U U O O 4 Q > 0 H 7) w LY_ [Y Q 4 cr C� n UJ z 0 0 0 co d a- 0 0 Q `w �z E n o C, oo co o r N m r J a w o n r ti C 10 z <p o N cD (p m rn V N [O O m N V' Q N N O N d O iil v w v to U1 w w m w 0 cr- L U 0� 0� C v Q 0 m # N Q O O O O �!] s{] Q o O O O O N Q N V V V V V V Q O 0 0 o rmi o 0 0 o a o 0 0 0 o 0 Q Q o O O 'O 0 w a � Y W2 Y LLJ QO U a_ co Lu Lu zU Q m 0 ❑ 0 z V)o a v w o ❑ U O (9 C9 o p m OErK z z U= Q p Tu Z (o O Z m [Y 'z O v > � 0 O w(n CLuw O O U ` j j3 w LLw LU F- � 7- Lif >- ¢ ft� w O O w z co vi Q U ❑ Z C Y K d. G m CC m z z -� v v v lz�- IzT- IT 0 T T 0 T 0 V) 0 N N N N N N w V V V V V d' O O O O U r Q N N N .N N N T T N ti O E �i w U 0 z a v Q m a n N co in z rp LO ci U U r- Z U U U z �� N � m Z Z c7 `o z z z w z } u -- 0 N a- Z J J J 0 0 0 w m u� u7 Z Z in v7 Lu r r rr r N z z z O F ¢ U ow_. (ten N r N L) p z z z z z N Z z z a N 0 0 0 ¢17 z a LLJ n4 Lu OF U w O 0 i J Uz Oz H r to O w F w U7 m J m J J Q J J Ll- C? FF- n n O z D O O z z Q p V U v a d w U Y_ F F- O O fY Q � CK ~ z Y Q z U W z W W U U ❑ w w 2 Z Z Z L� W U U U U z U N ?: Y �R YU W U U O O 4 Q > U 7) w LY_ [Y Q 4 cr C� n UJ z 0 0 0 w d a- a s d 0 Q `w �z E n o n oo co o r N m r J a w o n r ti ti z z co co v m v co c4 c� Q cfl v � v � v w v to U1 w w w w w cr- L U 0� 0� C v 0 m 0 o a o 0 0 N N N N N N rn rn rn rn rn rn � m rn � 'm rn rn `s rn w rn rn rn rn rn m v v v lz�- IzT- IT 0 T T 0 T 0 ED 0 0 N N N N N N V V V V V d' O O O O O r Q N N N .N N N T T N ti O �i 0 o a v Q op a n N co in � rp r ci o r- 0 N m _ c7 6i m u� u7 �n in v7 N r r r r N M r p 0 M N r N OZ N U) F (D N z LLJ Lu vi co w O 0 i r LI) r to � ❑_ U7 m J m J J L m71 J J Y D r ~O ? p V O v O v 0 LL LL K CK z z z z z z w w J w w W U U U U U U Li u U U U U U U cr C� w UJ w w w w F¢ -- J J J J J z z z z z za 0 0 0 0 0 0 W w w w w w cr- 0� 0� C v 0 0 o a o 0 0 N N N N N N rn rn rn rn rn rn 0 0 0 N N N T O o N a co ry b c V N F (M V) LLI U LO LL > N O oN O CC IL > y U z li O > a U z U Z ((B Z O LLJ r � r z a O Q U) z w 0 U w Y V] U < of or 0) m n � V, a r 0 0 0 pY a o N N N m `m rn N N ro d O Q rn m N w m ❑ N N O o � N N w U) � � w w - w w LL LL Z Z It It v It v It �T 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N m m a) rn rn rn rn rn rn rn rn rn ��r vv�r�r�_vvv�ry � 0 0 T 0 0 0 0 0 0 0 0 0 0 NN N N N N N N N N N N m m m m 67 67 6? 67 m m m 67 V m m 10 W N Q N Q V v N rn o in 0 ui m <r m N fo f0 (D CO (O [D cD [J �D cD <D CP N N N N N N N N N N N N N N N CV N N N N N N N N V V V V Q m rn m O o a o 0 0 o O 0o 2c2 rn m m O O O O O O O o r r � O O O O O Q O O J J J J J J J 0 0 0 K S 0 z z z z z z z 0 0 0 0 0 0 0 m m m Y LUL L� LUL [Li LL U - LL ( ) Lo V) Co Q' LL i= LL LL LL LL L. � 0 o a© a F7�7 U U U U U U U U U U U U U U U U U U U U U U U U WWWLJLULLJLLJWWWWW J W J W J W J W J w J w J W J W J W J w w W J W z Z Z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 0 w U) 0 U) 0 w UJ w ❑ ❑ W O ❑ ❑ ❑ ❑ W ❑ ❑ W W W W W W W W W W W W W Q Q 4 Q Q Q Q Q1� 79 Z Z Z Z Z z Z Z Z Z Z Z K ❑ LL' tC K W a= S S w 0 0 0 0 0 0 0 0 0 0 0 0 LL LL W LL LL LL LL LL LL. LL LL iL J Q J 4 J 0 J 0 J 0 J Q J Q J Q J Q J Q J Q - Q U U U U U U U U U U U U z z z z z z z z z z z z w w w w w w W W w W W w S S 2 Z T = S T 2 2 2 S F- F- F D D 0 0 0 0 0 0 0 0 0 0 0 0 U7 o to LO U5 U) 0 U) U1 w w a ry O 0 0 a o 0 o d o o a o 0 N N N N N N N N N N N N � rn rn � rn rn rn rn rn rn rn rn 000 N N N o)a7rn T T T v � � T T T O O C7 N N N CT) mm P m O m m O 61 O N rn m O O O N N N V V � 0 0 0 cn rn ca m �2 ug O O O O O O Z Y U LL U w Z } U Q w L? a Q� J LL =5 Q w Co F<- } w W Q W O � LLJ F- LUCo F LU w w J J J Y Y Y a 0 a 0 v O V, v 'd- 000 N N N m rn a� 0 0 0 0 N N N N Orn � 6J T f T T 0 0 0 O N N � N O N uJ l—1 ILo NI I( � K r ❑ U U U z W w > > O U U a >LLI U z Z Cr d CL 0 (1) U) w w U U Of 0� W W U) v) W W I" LL 2 0 U U W 2 U U z > > O z � V) 7F W w W O Of F F h N m ca oo co m m c`ro O Q O <r Q Q Q 0 0 0 0 N N N N rn rn rn rn 0 N CT) tet" �i S W J Q S m CO V) z D LL m O 0 N O T T T T 0 0 0 0 N N N N rn m m O O O O N N N N 6) m 47 m N_ ti O O N 4 0 O O O ri ori m m w r� ti ti o O O O O O O N c W N N iri uJ N m rn m m rn o c� ca o 0 0 4 O O O O O J J � Q U ❑ ❑ F > > Z z Q Q < U U U U Z Z Z z LL LL a LL 0 0 0 S C7 C7 {.7 U w w w w U V U U w w w w LC LL lL m c`ro O Q Q v v 0 0 0 0 N N N N rn rn rn m O Q 4 O O O O O N N N N N N N N W � 67 Q1 07 r 0 T 0 0 V 'T T 0 0 0 0 0 0 0 0 N N N N N N N N — T O O 0 0 Q O O O O O v O O O N N N N Cl N N N N N N N Eq W N N m yr m N rn m N N N N f• O � � r r O N N N N N N N N 0 0 0 0 O O O Q0 O} CY) 0) Q) 0 0 N N N N N N N O O c7 O M O C1 O o a a o 0 0 o a 0 0 0 0 0 0 0 0 N C NN N [tet N N U� O z w J Q a J ¢ W D IL co 0o co rn a r- Li Y F m ¢ Fa-- W m R w Y m w m V rn rn d 0 f0 Li w 10 O C7 = U D m 2 U U) cn u� 2 = S 2 2 2 2 T CL d Q d a. 4 d 63 c z z z z z z z z X m m m m o cn a 0 0 0 0 0 0 0 0 O N 4 O m O N U U U U U m ri U U U �n o z z z z z z z z 0 0 0 0 0 0 0 0 LO rn � N o W N n N v o E of w> LU w w�> w w m 0 W � v v v v c v Q o O O O O O O N N N N N N N N O� W Q] 01 2? 2� 2� O� Cl) Cl) m Cl) Cl) T 0 T 0 r 0 T 0 0 V 'T r r r T N N_ N_ N N — T O O 0 0 Q O O O O O O O O N N N N Cl N N N N N N N N W N N N N N N N N O O O r^ Q r O Q O 0 0 0 0 O O O Q0 O} CY) 0) Q) 0 0 N N N N N N N N N N Q3 N N CSV 4] 6) 67 07 6] 07 67 m 6) N N N C NN N [tet N N co 0o co rn a r- ci O m R rn N m V rn rn 41 N 0 f0 10 O m U) fPr 44 63 c u� o o a m o cn a �n r• N rn r� m �n O N 4 O m O N LL] Q c17 co co m ri rn m LO �n o [� V V o ti ui w o w 01 m o m LO rn � N o W N n N v o u�� W � cn o �n N o m rn o m o_ 0 0 0 0 0 0 0 0 N o O oO N o O O O Q O O O (y N lf3 � u'i In �ti li] �f1 LS1 (O (fl b M N N � N N O N O N O N O N O N O N O N O N IBJ h uJ N f7 v to �n O O 4 O O T O 0 o 0 0 O 0 4 0 o 0 O o c7 O m o m o m o 0 0 UU U r N N N N N (/� m m a. a a d a W CL 0. CJ D D Q Q R. m m EL d 0.. Z m a Uj p j D 7) O O Tch K Lo w m w LJ W W W w w w U I- f w W > LL LL LL LL LL, w w LL U w U) (D U) U) U) U) (1] w U V W z¢ Z C w ❑ z z z z z z a Z z C- w z F w K L J z LL rn ——— M t F- F a_ ¢ a Q¢ ¢ w � z� it m w x of w a O u) LL z z_ z_ z z n n cn p U) UJ UJ U) U) w ci o m h al m v) U) z O U O OcY D a w w w w w W W w LLIJ m m m m w. w < K UJ 0 co U U) UJ co U) U ¢ ¢ < ¢ a O O O zza aza z z z <Of z z z ? co co 5 c7 U p z Y Z CC H 0' F- I- H N F H O U O O w z U U U U a s F m J J J J J J J � z z p z O O O O � w w w w w LU z o N o m m m m rn m rn m a- d 10 cc w O Cl o O o o O O O o N N N N N O o O Le u 0 `u m o 0 d d o v v m K K N W W LL LL E2 I— Z Z z > cl� rr LL z zz z 0 0 r r CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: Treasurer's Statement — Novembe 2013 RECOMMENDATION: Approve the November 2013 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date: .5 Jan .21, 2014 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management 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: 6U1"iA_)L Dianna Honeywell, Finance Dir for Attachments: Treasurer's Statement, Investment Portfolio Report Dave Doyle, Assiitahl City Manager CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF November 30, 2013 BEGINNING CASH BALANCE $21,667,667.20 CASH RECEIVED Cash Receipts $1,462,693.26 Total Cash Received $1,462,693.26 $23,130,360.46 EXPENDITURES Checks Written ($1,430,005.08) Payroll Transfers (370,727.11) Wire Transfers (244,449.93) Returned Checks 0_Q0 Charge Card Fees & Other Adjustments (3,938.42) Total Expenditures ($2,049,120.54) CASH BALANCE AS OF: November 30, 2013 $21,081,239.92 TOTAL CASH BREAKDOWN Active Funds General Account ($714,325.73) Payroll Account $50,000.90 Change Fund $1,000.00 Petty Cash Account $500.00 Cash With Fiscal Agent $244,452.53 Unamortized Discount on Investments $4,065.76 Total Active Funds ($414,306.54) Investment Funds: Local Agency Investment Fund $3,551,412.92 Corporate Floating Rate Notes $749,601.91 Federal Agency Callable $10,051,772.54 Bank Negotiable CDs $6,446,559.79 Wells Fargo Advantage Money Market Fund $696,199.30 Total Investment Funds $21,495,546.46 CASH BALANCE AS OF: November 30, 2013 $21,081,239.92 Average Yield to Maturity 0.841% FY2013-14 Year -To -Date Interest Earnings $76,339.97 FY2013-14 Budgeted Annual Interest Earnings $180,950.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of November 30, 2013 PERCENT OF DAYS TO INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY YIELD TO MATURITY Local Agency Investment Fund $3,551,412.92 16.52% 1 1 0.244 Federal Agency issues - Callable $10,051,772.54 46.76% 1,566 546 0.895 Negotiable CD's - Banks $6,446,559.79 29.99% 1,433 963 1.215 Wells Fargo Sweep Account $696,199.30 3.24% 1 1 0.010 Corporate Floating Rate Notes $749,601.91 3.49% 931 696 0.501 Total Investments and Averages $21,495,546.46 100.00% 1169 569 0.841 TOTALS $21,495,546.46 100.00% NIA NIA NIA TOTAL INTEREST EARNED XDeStefano��e City Treasurer 1211712013 Date MONTH ENDING November 30, 2013 $14,986,60 FISCAL YEAR-TO-DATE 2013-14 $76,339.97 I certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Page 1 ea +� / TZ E o § o k .0 0 § o > o o U o a. z a. / � 2# \J E a N 2w & § i \ \ N 2w & \ \ � / \ (§ ®m G/-(7 § 7 > ? £ 2 \ \ 'tI � § m � e ) \ LU ua-9= / < \ / C.) \ \ � / \ (§ ®m G/-(7 § 7 > ? £ 2 e ) \ LU ua-9= / < \ / C.) N O m E � N O_ O E L O y E O 0 Cl W > ,2 O U a .6 Z ^O CL m aI ce i a t�C G d R h h vi M 0 f- h cO h m h O W m W (0 W W i- W m W m O O o 0 o O O a O o o O o 0 o p O 0 d N N N N N N N N N N N N N N N N N N N N r r r p O O NN r {11 a N N N N r r N m Lo Lo LO (� m Lo (o M `m a a o 0 0 0 o r o o a r o o 00 M O o o o O W O o 0 0 m o (() r O O't d 0 M 47 O m (p h p 0 0 V M o h W �f1 a u'S uJ Q1 co m ca rn m m (n h co O o w p o 00 q o o o o o o o o r r o r o r o o N r c Co r h ON. - o W (O N M m fD (O N h N o N r m (O m G N r d r r cc oc � oc h o ' s- N o7 co [O m� m m m� o W d ui 0 o g Q o o d 0 0 0 o Lo o 0 o 0 0 0 o N N -t a m u1 V O o O�T N o p o y) o u i o, W m m m m (n (q o d (o v co o ti w o 0 o O o O o O o 0 0 .-- r o r o r O o N r h m M o o W r 6 0 0 0 40 o Om O q h Q �D CO M d O r N a o 0 0 M p h (+) p d W O V] 00 co w O O W Lo p o 0 o m o N (`') O O M O N 00m m O O h m o o o o a a o h r h p o h M 0 C C 0 0]O Lc li7 q p oz p A m m o o mm o 0 o Om O T m o o o m m m o 0 m m a 0 Cl O m p m m o d 4] o eo v m V Ef} m It v (c) (I) o Lo v v v n Lo 4-1 Lo O 4 p p O 0 0 o O O O O O O o o p O d M o h 47 O O u7 O of O (n (n 4o i, ) O Q RC1 Lf] O O r Lq h 4> N 0 o W (O u-> h m w o 0 7 N LrW a) N Ifi ID O m m p m co m C) W m W W W O m O q (n d V 'V' Lo v 47 u) u7 m N7 i a O 0 0 o p a O O o 0 o Q o d 0 0 o a a o O O O O O q O O d O 0 O O O O O O Q o O O o O o o p O O O o o O O o O O p o O o o O O O d o o O O o O o 0 o O d OL O C CL O o O O O O o O p O C CL cL O 0 o Q o 0 0 0 o o 0 0 0 o p 0 0 0� o C o 0 O O o O q o Q O d O 0 0 0 O M O Z O LO L(1 l(] Lo LO 4] Lo «l Lo U1 Lo VT Lo t(J In In h N N N M M M M M M M co N M M N N M M M O o 0 0 o o o o q O a 0 a d d O O a O N N N� N` N� N� N ciF N C1F N N N N N CD N Cl N m D) h cD O] Cp (D m N N r o O d o = N r N N NQ N N O r N M m u� m `o m m w (o rn rn O o o o O O q p d o o r O O O 4 N a T 0 d 4 O O 00 00 v n 0 0 0 0 Y Y Y SL .Y Y Y Y Y Y Y U U U m m m m m m m m m m m a¢ a¢ a C C C C C G � m m 61 Ol 0l cr o o n i7 o m m m m m o g 0 0 0 0 C C C C C E E E E E QE, 'E o 0 0 0 o m m m m m (0 m m O O O O O O O f6 N 8 ip i6 y LL, LL LL LL LL LL LL 2 2 2 x 2 2 S Z Z Z Z Z ? m m ro ro id m m 2 m Q m w m m v m o m m o m m o m a v a -u a -o a a L m LL L m m m m m m o o m m L m m LL LL LL LL LL LL LL LL LL L� W.. LL LL LL LL LL LL LL W O N M V' m m o h W h Q) d V m N N m m v v v v �n (n (o v v cn u; v' m co m v (o (o (o a O O O O o o O O o d o O {b {9 U a V C �1 Q � q M� N}' 0 (dn d m m Lo h r- Z LL= >- v 0 h cao Z� a F 2 o W W W UUJ LLI W w m m m m 0 0 MU' 0 C7 0� C7 .0--c"co co7--M- M co M M m M M M n v <r v) (o x) (o (o LL m m m 0 m.�...roi m m v 0P �D b y W W f� SO 0 0 0 0 0 0 0 0 0 J h o O Q ri N N N N N N N N N d ti O_ 6 N r 1 O co O a. N m N 0 L-0 u EC P a 0� m Co r m r r N r Cl r r r ,- CL a O O Q Op 0 0 0 0 0 O O o 0 o O o o O o a C o O O O O O O O O O O 4 4 OL d W W o W m m 00 m m N N N N N N N N N M o In N N W V m V' (o c0 O o M f- h N h a m M o T n v o 0 I- Ll co ago rn m (n M N N o 00 (o to 0 'eY V LO LO v t 'r u7 0 N N N N N N N N N Q O o 0 o p O O p O O O O O O O O d 0 0 o d o 0 0 0 0 m m r N W Tl - W 'TO 6i N N N N N N N N r M r N N�2 �2 N N O d O o O O o O o N N N N N N N N N O O N Y N r O N O O O a O O O 4 O uN'i co N O m N N q 4 O o 0 o O O O 0 o O O O O o p O ca (} ry ar Lo co M r- -0 Z 7= m Q Z> 2 Cv 10 > LL > i' SC m ,f) d x LL x U d o N d l4 a r O O (p n n- V' LO M CD h W d C') W LO C� CA (C1 N h V' N r h O m W CD Q V Co M V (n W N m N d' C h h P O M w m o o m (n � N m m m m n m C'1 ( N N MN r tp r (D h o M m m r N * 10 W N N N N N N N N 11 N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 o 0 o a o 0 0 0 0 0 0 o P p p o Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o a P n 0 O O O O O O d o o O C 0 0 C C at o 0 0 0 0 C 0 0 0 0 N N N N N N N N N N N N N N N N M N N N N N M N 0 0 N M N N M N r 00 0 0 0 0 o O P 0 O O O O O 0 0 N N N N !-f Ng N N N N' NN N NN r O O O N N N m N O r P M O O M (L7 �1J M M �I1 m LC1 lf� (Q lf] 00 CD h � 0 0 o P o p 0 0 0 0 n 0 a o a 0 r m ro ri to t f ro y O co C (6 C m V6 Q N Q E u z L ro yI4 (d m Q y m y a Y V (i1 m l.� 2�` b 0 U ro m U M c R (n .2 y ro C 7 m m ro O y +% P a m ro Y c Co t= C_ j acro w 7po bro�� m w N C ro41 f13 v -O a W w o ro a m ca m mo 2 U) o ii C7 C7 C7 Y O cq n c4 n 0 � O a N N N o N (n N LD 0 40 0(o N r a o a p Q O O O O d O o o O O C1 U m h Lo m n Ci m d p n tD 1) w a o o o m m m m w 2 m (cD {Jy W in 'cY L�(J.._(NO. VN m oell_-dP---(D-(WG)- p-(QL)-- ._y..r., aDiDY oo v u) m m rn m m m a) o m Z M m M n i m d' V' V u- lf] (o n n -0 co (A N O Ln tf j r M N N del M M fMF r O of o Oi O c�0 n 0 O m M d O v N N M d N N O N O N O O O O d o o P a O O Y ro �.+ W i o Y m T o" C 7 N = O cz = '(n N N P P, M M uOo mQ O 0 0 d o a r Q C. r o U , O N G L) 0 o MCL o m o mmn a 0 aCcO o o Q v oc Pdd' riy 0 0' oi0(u u_ O N Q m 0 0 0 0 0 o r o 0 o d Yom+ .' LO O Q fo h WV CO M N r- LO CO(M W M r co O C) 0 ((] Cn dr O (D h M N 'D (O to } 3 N N N N m N h N m m m W N O M- (D W Ob r r r r r r r r mo WN W W W (D w AL1 m m ((J m 0 N n m N N m N N N (D M r r r Q W N O M N co cc o7 Rn m m W�- O CL o W a h m m M �y r r r r r d O O O O o w O O O O O On O a O (D N0 'R N « O 47 z O O LO LO N W'Q LQ u7 Q U O (i] O �f' n n CD W g n r V n n W d h h W ll7 r O h 10 q r r r p s- 0 r- 0 0 0 o r r o O r O P y Q1 p p p Q 0 0 0 O O d o 0 a o 0 0 o Ql O o r '3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P an h M M O] W R d P P O o 0 o 0 0 0 o 0 0 0 a a P 9 C. 0 0 0 0 0 0- a P 0 0 0 0 0 0 0 ¢i Ln Y 0 0 0 Q C C C CL d o C C 0 C 0" 0 (n Ln m ca O N ro� ro w w w 0 (n 0 m m m M moo r,: tn" co CD m m m N N N N N N N N N N N N N N N N N It rn m m v to n v h [a � r O O (p n n- V' LO M CD h W d C') W LO C� CA (C1 N h V' N r h O m W CD Q V Co M V (n W N m N d' C h h P O M w m o o m (n � N m m m m n m C'1 ( N N MN r tp r (D h o M m m r N * 10 W N N N N N N N N 11 N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 o 0 o a o 0 0 0 0 0 0 o P p p o Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o a P n 0 O O O O O O d o o O C 0 0 C C at o 0 0 0 0 C 0 0 0 0 N N N N N N N N N N N N N N N N M N N N N N M N 0 0 N M N N M N r 00 0 0 0 0 o O P 0 O O O O O 0 0 N N N N !-f Ng N N N N' NN N NN r O O O N N N m N O r P M O O M (L7 �1J M M �I1 m LC1 lf� (Q lf] 00 CD h � 0 0 o P o p 0 0 0 0 n 0 a o a 0 r m ro ri to t f ro y O co C (6 C m V6 Q N Q E u z L ro yI4 (d m Q y m y a Y V (i1 m l.� 2�` b 0 U ro m U M c R (n .2 y ro C 7 m m ro O y +% P a m ro Y c Co t= C_ j acro w 7po bro�� m w N C ro41 f13 v -O a W w o ro a m ca m mo 2 U) o ii C7 C7 C7 Y O cq n c4 n 0 � O a N N N o N (n N LD 0 40 0(o N r a o a p Q O O O O d O o o O O C1 U m h Lo m n Ci m d p n tD 1) w a o o o m m m m w 2 m (cD {Jy W in 'cY L�(J.._(NO. VN m oell_-dP---(D-(WG)- p-(QL)-- ._y..r., aDiDY oo v u) m m rn m m m a) o m Z M m M n i m d' V' V u- lf] (o n n -0 co (A N O Ln tf j r M N N del M M fMF r O of o Oi O c�0 n 0 O m M d O v N N M d Y ro �.+ W i O o Y m T o" C 7 N = O cz = o N N M Q O o 0 +W 0 , O N G L) 0 o MCL O Q � o a a a cm V c O N Q m r O O (p n n- V' LO M CD h W d C') W LO C� CA (C1 N h V' N r h O m W CD Q V Co M V (n W N m N d' C h h P O M w m o o m (n � N m m m m n m C'1 ( N N MN r tp r (D h o M m m r N * 10 W N N N N N N N N 11 N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 o 0 o a o 0 0 0 0 0 0 o P p p o Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o a P n 0 O O O O O O d o o O C 0 0 C C at o 0 0 0 0 C 0 0 0 0 N N N N N N N N N N N N N N N N M N N N N N M N 0 0 N M N N M N r 00 0 0 0 0 o O P 0 O O O O O 0 0 N N N N !-f Ng N N N N' NN N NN r O O O N N N m N O r P M O O M (L7 �1J M M �I1 m LC1 lf� (Q lf] 00 CD h � 0 0 o P o p 0 0 0 0 n 0 a o a 0 r m ro ri to t f ro y O co C (6 C m V6 Q N Q E u z L ro yI4 (d m Q y m y a Y V (i1 m l.� 2�` b 0 U ro m U M c R (n .2 y ro C 7 m m ro O y +% P a m ro Y c Co t= C_ j acro w 7po bro�� m w N C ro41 f13 v -O a W w o ro a m ca m mo 2 U) o ii C7 C7 C7 Y O cq n c4 n 0 � O a N N N o N (n N LD 0 40 0(o N r a o a p Q O O O O d O o o O O C1 U m h Lo m n Ci m d p n tD 1) w a o o o m m m m w 2 m (cD {Jy W in 'cY L�(J.._(NO. VN m oell_-dP---(D-(WG)- p-(QL)-- ._y..r., aDiDY oo v u) m m rn m m m a) o m Z M m M n i m d' V' V u- lf] (o n n -0 co (A N O Ln tf j r M N N del M M fMF r O of o Oi O c�0 n 0 O m M d O O O N N 0 0 O o Y m o" M CP m n U') a N N M O o N N O o O O m M toO s' o LL C " a 0 rL a irs CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # Meeting Date: January 21, 20.14 AGENDA REPORT FROM: James DeStefano, City Man 'g TITLE: Transmittal of Comprehensive Annual Financial Report for the year ended June 30, 2013 RECOMMENDATION.- Receive ECOMMENDATION: Receive and file FINANCIAL IMPACT: None BACKGROUND: The FY 2012-13 annual audit has been completed by the City's independent audit firm of Lance, Soll and Lunghard, LLP. Part of the audit contract includes the completion, with staffs assistance, of the Comprehensive Annual Financial Report. DISCUSSION: The City's Finance Department in concert with the City's independent audit firm of Lance, Sall and Lunghard, LLP has prepared the Fiscal Year 2012-2013 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 the Management Discussion and Analysis, Required Supplementary Information and the Government -wide Financial Statements which include the Statement of Net Position 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 (CaIPERS), the City provides post- retirement health care benefits to retirees through the CalPERS 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 City's OPEB obligation is derived from this benefit. The City engaged the services of the firm Demsey, Fillinger & Associates for an updated actuarial valuation of the City's retiree health insurance program as of July 1, 2011. This valuation is required not less frequently than once every three years. The City's net OPEB obligation at June 30, 2013 is $306,687. More information may be found in Note 10 of the CAFR. The 2012-13 CAFR includes the fund balance reserve reporting methodology set forth in GASB #54. The City Council approved a Fund Balance Policy on June 7, 2011 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 total General Fund fund balance as of June 30, 2013 is $17.5 million. The Finance Department has submitted the CAFR to the Government Finance Officers Association (GFOA) for review for the Certificate of Achievement for Excellence in Financial Reporting program. The City has been honored to receive this award for the past seventeen consecutive years. PREPARED BY: REVIEWED BY: 14vv Dianna Honeywell - Finance Dir for Dave Doyle - Assistant City Manager. Attachment: FY 2012-2013 Comprehensive Annual Financial Report CITY OF DIAMOND BAR, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2013 Prepared by: Finance Department Dianna Honeywell Director of Finance THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2013 TABLE OF CONTENTS Page(s) INTRODUCTORY SECTION Letterof Transmittal................................................................................................................................ i GFOA Certificate of Achievement for Excellence in Financial Reporting .............................................. vi OrganizationChart.. .................................................................................... ................ .................... vii List of Elected and Administrative Officials ........................ "' FINANCIAL SECTION Independent Auditors' Report.................................................................................................................1 Management's Discussion and Analysis (Required Supplementary Information)..................................5 BASIC FINANCIAL STATEMENTS Government -wide Financial Statements Statement of Net Position........................................................................................................17 Statementof Activities..............................................................................................................18 Fund Financial Statements Balance Sheet — Governmental Funds....................................................................................20 Reconciliation of the. Balance Sheet of Governmental Funds to the Statement of Net Position..............................................................................................21 Statement of Revenues, Expenditures, and Changes in Fund Balances................................22 Reconciliation of Statement of Revenues, Expenditures and Changes in Fund Balances of the Governmental Funds to the Statement of Activities .............................23 Budgetary Comparison Statement - General Fund .................. .24 Statement of Net Position -- Proprietary Funds.......................................................................25 Statement of Revenues, Expenses, and Changes in Fund Net Position — Proprietary Funds....................................................................................................26 Statement of Cash Flows -- Proprietary Funds........................................................................27 Notes to Basic Financial Statements....................:.....................................................................29 CITY OF DIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2013 TABLE OF CONTENTS Page(s) COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES Combining Balance Sheet - Nonmajor Governmental Funds.....................................................52 Combining Statement of Revenues, Expenditures, and Changes in Fund Balances - Nonmajor Governmental Funds.......................................................................58 Budgetary Comparison Schedules - Special Revenue Funds: StateGas Tax Fund.................................................................................................................63 PropositionA Transit Fund......................................................................................................64 PropositionC Transit Fund.....................................................................................................65 TransportationGrant Fund.......................................................................................................66 Integrated Waste Management Fund......................................................................................67 Traffic Improvement Fund................................................................:.......................................68 Air Quality Improvement Fund.................................................................................................69 Trails& Bikeways Fund............................................................................................................70 Park and Facility Development Fund.......................................................................................71 Community Development Block Grant (CDBG) Fund.............................................................72 Citizens Option for Public Safety (COPS) Fund......................................................................73 AssetSeizure Fund .... —...........................................................................................................74 California Law Enforcement Equipment Program (CLEEP) Fund...........................................75 Landscape Maintenance District Fund..... .......................... ..................................................... 76 MeasureR Local Return Fund.................................................................................................77 EECBGFund...........................................................................................................................78 Budgetary Comparison Schedule - Capital Projects Funds: Capital Improvement Fund........................................................................... Budgetary Comparison Schedule - Debt Service Funds: Public Financing Authority ................ --......................... ............. Combining Statement of Net Position — Internal Service Funds.... Combining Statement of Revenues, Expenses, and Changes in Fund Net Position — Internal Service Funds ................................... Combining Statement of Cash Flows — Internal Service Funds..... ................................... 82 ......................................83 CITY OF DIAMOND BAR COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2013 TABLE OF CONTENTS STATISTICAL SECTION Financial Trends: Page(s) Net Position by Component - Last Ten Fiscal Years..................................................................86 Changes in Net Position - Last Ten Fiscal Years........................................................................88 Fund Balances of Governmental Funds - Last Ten Fiscal Years...............................................91 Changes in Fund Balances of Governmental Funds - Last Ten Fiscal Years ............................92 Revenue Capacity: Assessed and Estimated Actual Value of Taxable Property - Last Ten Fiscal Years.................95 Direct and Overlapping Property Tax Rates - Last Ten Fiscal Years.........................................96 Top 10 Property Taxpayers - Current Fiscal Year and Ten Fiscal Years Ago ............................98 Secured Property Tax Levies and Collections — Last Ten Fiscal Years.....................................99 Debt Capacity: Ratios of Outstanding Debt by Type - Last Ten Fiscal Years ...................................................100 Directand Overlapping Debt..............:......................................................................................101 Computation of Legal Debt Margin - Last Ten Fiscal Years .....................................................102 Demographic and Economic Information: Demographic and Economic Statistics - Last Ten Calendar Years ..........................................103 Principal Employers - Current Fiscal Year and Nine Fiscal Years Ago....................................10A Operating Information: Full -Time Equivalent City Employees by Function - Last Ten Fiscal Years .............................105 Operating indicators by Function - Last Ten Fiscal Years. ....................... ..................... I ... 1.....106 Capital Asset Statistics by Function - Last Ten Fiscal Years....................................................107 THIS PAGE INTENTIONALLY LEFT BLANK Jack Tanaka Mayor Ron Everett Mayor Pro Tem Ling -Ling Chang Council Member Carol Herrera Council Member Steve Tye Council Member December 23, 2013 r rt 21810 Copley drive a, Diamond Bar, C4 91765-4178 (909) 839-7000 o Lax (909) 861-3117 www.DiamondBarCXgnv 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, 2013. 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 compilesufficient 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, 2013, 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 uncial statement presentation, The independent auditor concluded based upon the audit that there was a reasonable basis for rendering an unmodified opinion that the City's financial statements for the fiscal year ended lune 30, 2013, were fairly presented 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. PROFILE OF THE CITY OF DIAMOND BAR 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 56,400,. 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 community .center, an 18 -hale public golf course and 370 acres of undeveloped publicly owned open space. I 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 contracting for City Attorney services. 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 I 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 Fiscal year. 201213 has been the first year out of the last several years that has seen meaningful improvement in the national, state and local economies. Unemployment rates have begun to come down and consumer spending is once again on the rise. The housing market has also begun to improve. Homes are starting to gain back the value lost during the recession and property sales are pinking up. Fiscal year 2012/13 was a year of "status quo" for the City of Diamond Bar. It was a year of monitoring where revenues were headed, while bolding costs to prior year levels wherever possible. FY 2012113 was the first full year that the new City Hall/Library building was fully operational. Staff was able to analyze what the true costs of operating the new building would entail. Some adjustments were made but, overall, the anticipated costs- were within range of what was expected. The City's sales tax base saw the most significant growth seen in the last several years with an increase in revenue of 3.25% over last year. The City's interest in promoting economic development has become increasingly important. 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. City officials have been working diligently toward its economic development goal to diversify its sales tax base. The coming fiscal year promises to bring new, exciting and more diverse options for residents and businesses to "Shop Diamond liar". Home values also saw a significant rise during FY 2012113. The largest revenue source in the City, Property tax revenue, was up 4.0%. The City also saw a significant increase in home sales which is evidenced by an increase of 13.1% in Property Transfer Tax revenue. Another sign that the local economy is starting to recover is the increase in building permit activity, All categories of permits saw a healthy increase in revenue for an overall increase of 19.1% in building permit revenue. FY 2013114 will see a significant increase in this area due to the sale and development of the area commonly known as "Site D". The Walnut Valley Unified School District owned a piece of property at the south end of the City. The City of Diamond Bar was the owner of a small portion of that property. FY 2012113 saw the approval of land use to develop this area, now down as the "Willow Heights" project, to include 182 dwelling units and a 2.5 acre public park; This is the first large-scale housing project constructed in the City during the last several years. The City's firture 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, 2012, 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 beawarded 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 eighteen :consecutive years (fiscal years ended 1995 through 2012). 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. 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), public information, subsidized transit ticket sales, .grant administration, financial management, and administrative management. All of these activities are included in this report. Iv 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. them. The City's internal controls accomplish these objectives. ACKNOWLEDGEMENTS The preparation of this Comprehensive annual Financial Report was made possible by the dedicated service and excellence found within the City's Finance Department staff, and through the cooperation of the entire City staff. Each City staff member has my sincere appreciation for their cooperation and contributions in the preparation of this Report. I would like to thank Dianna Honeywell, Finance Director, for her prudent fiscal stewardship. In addition, I would also like to thank our independent auditor, Lance, Soll, and Lunghard, L.L.P., who provided 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. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Diamond Bar California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2012 *10r �AW- Executive Director/CEO Vi 0 ^r� � t w !`•rte 0 �y A r r L L 4 /w�ee th Y U W 1rw +Y� ++ G1 Q � W � C � r ton u 4T] Lh L5. CITY OF DIAMOND BAR ELECTED AND ADMINISTRATIVE OFFICIALS Mayor Mayor Pro Tern Councilmember Councilmember Councilmember City Manager Assistant City Manager City Clerk Director of: Community Services Community Development Finance Information Systems Public Works FISCAL YEAR 1293 viii Jack Tanaka Ron Everett Ling -Ling Chang Carol Herrera Steve Tye James DeStefano David Doyle Tommye Cribbins Bob Rose Greg Gubman Dianna Honeywell Ken Desforges David Liu • David E. Hare, CPA, CFP • Bryan S. Gruber, CPA LSL• Donald G. Slater, CPA • Deborah A. Harper, CPA Richard K. Kikuchi, CPA Gary A. Cates, CPA • Susan F. Matz, CPA • Michael D. Mangold, CPA CERTIFIED PUBLIeACCOUNTANTS ^Shelly K.Jackley,CPA •David S.Myers, CPA A Qivision of ISL, CPAs viLmure, peeler & boucher INDEPENDENT AUDITORS' REPORT To the Honorable Mayor and Members of the City Council City of Diamond Bar, California Report on Financial Statements 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, (the City) as of and for the year ended June 30, 2013, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility 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 from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions 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, 2013, and, the respective changes Lance, Sall & Lunghard, LLP 203 North Brea Boulevard Suite 203 Brea, CA 92821 TEL 714.672.0022 Fax 714.672.0331 www3slepas.com —�rarrgP-Dunt mEcutaliall e}r— ccniir.en FUSLIc ACCOUMM05 A ➢S�Pg;on cl L6L. CPA:1 vilrnure. pee4�s & bouChcr To the Honorable Mayor and Members of the City Council City of Diamond Bar, California in financial position and, where applicable, cash flows thereof and the respective budgetary comparison for the General Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis 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 inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not 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. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedules are fairly stated, in all material respects, in relation to .the basic financial statements as a whole. The introductory and statistical 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. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 15, 2013 on our consideration of the City'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 IPA on CLAiifFG'f7_?LMUC B.Cf411 uRmI5 A Oi.mfec� and L^.i� cnin viurure, P c� er & baucher To the Honorable Mayor and Members of the City Council City of Diamond Bar, California control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. A Brea, California November 15, 2013 THIS PAGE INTENTIONALLY LEFT BLANK 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, 2013. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Financial Highlights • The total revenues and other financing sources from all sources equaled $26,256,051. + The total cost of all City programs equaled $31,031,240. v The assets of the City of Diamond Bar exceeded its liabilities at the close of the fiscal year by $402,430,513 (net position). Of this amount, $18,508,423 represents unrestricted net position 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 $22,947,509, an increase of $1,224,118 (after a restatement of prior years in the amount of $44,442) in comparison with the prior year. Approximately $13.0 million of the $22.9 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 $13,010,385, or nearly 72% of the amount of general fund expenditures. The General Fund unrestricted balance of $13.0 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 govemment —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. A The statement of net position presents information on all of the City of Diamond Bar's assets, liabilities and deferred inflows/outflows of resources with the difference reported as net position. Over time, increases or decreases in net position 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 position changed during the most recent fiscal year. All changes in net position 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. Such information may be useful in assessing the near-term financing requirements necessary to finance City programs. 2 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 position may serve over time as a useful indicator of the City's financial position. The City of Diamond Bar's assets exceeded liabilities by $402,430,513 at the close of 2013. (see Table 1) By far the largest portion of the City's net position (94 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. 7 Table 1 CITY OF DIAMOND BAR'S Statement of Net Position Current and other assets Capital assets Total Assets Long-term debt outstanding Other Liabilities Total Liabilities Net position: Net investment in capital assets Restricted Unrestricted Total Net Position Governmental Activities 2013 2012 $28,419,412 $28,061,069 389,876,038 394,374,163 418,295,450 422,435,232 12, 301,447 12, 000, 543 3,563,490 4,574,143 15, 864, 937 16, 574,686 378,511,311 382,660,310 5,410,779 4,911,745 18, 508,423 18,288,491_ $402,430,513 $405,860,546 The City's net position decreased by $3,430,033, which includes a restatement of net position in the amount of $1,345,156. This decrease is primarily due to higher depreciation expense which reduces net position At the end of fiscal year 2013 the City reports an increase of $219,932 in the unrestricted net position 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 $18,508,423 in Unrestricted Net Position. Table 2 City of Diamond Bar's Changes in Net Position 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 Motorvehicle in lieu Use of money & property Other Loss on Disposal of Capital Asset 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 position Net position - beginning Restatement of Net Position Net position - ending Revenues 2013 2012 $6,153,683 $6,055,535 4,024,537 4,992,856 690,732 1,242,636 4,080,273 3,951,722 782,952 692,162 3,546,239 3,397,259 1,465,666 1,415,924 333,250 202,951 4,659,994 4,646,985 6,307 145,408 533,475 46,342 (21,057) - 26,256,051 26,789,780 6,942,983 6,384,072 5,831,227 6,104,982 10,197,098 11,248,137 1,980,646 2,126, 906 5,591,917 5,559,427 487,369 848,976 31,031,240 32,272,500 (4,775,189) (5,482,720) 405,860,546 410,783,597 1,345,156 559, 669 $402,430,513 $405,860,546 In the Statement of Activities, the City's total revenues were $26.3 million, while the total cost of all programs and services was $31.0 million. Revenues this fiscal year were 2.0% lower than those of the prior 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: As expected, Property Tax revenues were up from FY11-12. This was due to the housing market continuing to improve which afforded greater inflation/Proposition 13 based adjustments. Housing sales also continued to increase which allowed the County to increase overall assessed valuations by 2.24% during 2012 and they are anticipated to increase 4.23% during 2013. • Transient Occupancy Taxes grew by 13.1% in FY 12113 as the local economy stabilized and business and vacation travel continued to increase. Sales tax revenues were up about 4.4% due to continued improvement in the local economy. • Investment Income decreased by 20.0%, excluding the fair market value adjustment of $116,309, due to significantly lower investment yields available in the bond market. With the Federal Reserve's stimulus plan in place for all of FY 2012113, it was increasingly difficult to find yields over 1.0% on 5 year bands and the Local Agency Investment Fund (LAIF) rate was at record lows, near 0.25%, much of the year. By the end of FY 12113 the City's overall investment yield decreased from 0.82% in FY 2011112 to 0.74% in FY 2012/13. Expenses Once again this year, the City has continued to be very diligent in controlling growth in expenditures. This year expenditures for the City totaled $31.0 million which is approximately $1.2 million, or 3.8% lower than the previous fiscal year. This decrease was due in part to one time expenditures reflected as follows: • There was an increase in General Government expenditures of approximately 8.8% this year. This was due primarily to an increase in capital outlay projects that were not capitalized but rather expensed. • There was a decrease in Public Safety expenditures of approximately 4.4% this year. This was due to the fact that the Community Relations Officer position was vacant for the entire FY 2012113 due to the retirement of the officer. The position has been filled for FY 2013/14. • The Streets and Highways category was lower this year by a little over $1.0 million. This is due to a decrease in the number of Capital Improvement projects completed during the fiscal year. • Community Development expenditures were lower in 2012/13 by $146,000. The decrease reflects staff vacancies that occurred during the year. • Due to record low interest rates in 2011, the City refinanced the variable rate debt into a fixed rate on December 1, 2011. During FY 2010/11 there was increased interest expense on the long term debt coupled with one time bond issuance costs. This year's interest and fiscal charges are lower due to the absence of one-time costs that were recorded last year. m 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, unassigned fund balance may serve as a useful measure of a City's net resources available for spending at the end of the fiscal year. At June 30, 2013, the City of Diamond Bar's governmental funds reported combined ending fund balances of $22,947,509, an increase of $1,224,118 in comparison with the prior year. Approximately 56.7% of this amount ($13,006,919) constitutes unassigned fund balance, which is available for spending at the government's discretion. The remainder of the fund balance is either nonspendable, restricted or assigned to indicate that it is 1) not in spendable form ($27,081), 2) restricted for particular purposes ($5,410,779) or 3) assigned for particular purposes ($4,502,730). The general fund is the chief operating fund of the City. At the end of the current fiscal year, the unassigned fund balance of the general fund was $13,010,385, while the total fund balance was $17,536,716. 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 72.0% of total general fund expenditures, while total fund balance represents 97.0% 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 increased $347,960 (net of a $44,442 prior period adjustment). Factors contributing to the change in General Fund balance reserves are as follows: • General Fund revenues were up significantly ($902,000) from FY11112. The largest increase was in the Taxes category, primarily due to an increase in property tax, sales tax and franchise tax revenues. Permit revenue was also up due to increased volume in building activity. • The use of money and property category indicates negative General Fund revenue. This is due to the fact that governments are required by the Governmental Accounting Standards Board (GASB) to mark their investments held in their portfolios up or down to the current 11 market value at June 30th each fiscal year. As previously stated, interest rates and market values were down during the year; therefore, the City had to offset the actual interest revenue earned by the unrealized loss in the portfolio. It is the City's policy to hold all investments until maturity or sell them only when it can realize a gain. Due to the City's practice, it is highly unlikely that these losses would ever be realized. • For the past few years the City has been struggling with three landscape and lighting assessment districts which continue to see rising utility and maintenance costs. 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. • Costs were lower this year in the General Fund as compared to last year due primarily to the fact that last year's numbers included one- time use of General Fund Reserves for the completion of the new City Hall building. FY 2012113 expenditures are more typical of an average year for the City. • 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 fund balance of $2,730 as opposed to a negative of $332,407 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 3.5% to reflect the improvement in the local economy and an increase in tax revenues due to the uptick in the housing market. The actual revenue came in lower than anticipated by $504,021. The General Fund. Taxes category includes property tax, sales tax, franchise tax and property transfer tax. These revenues came in $355,170 more than anticipated. The variance between the amount budgeted and the amount received is due to growth in all components of this category. 12 There is a large variance in the Intergovernmental category due to the anticipated reimbursement from the County of Los Angeles, for expenditures related to the construction of the Library that was carried over from the prior year and not realized during the year. Originally, it was characterized in the budget as revenue when it really should have been characterized as a receivable on the Balance Sheet. The corresponding expenditures were also re -categorized. Additionally, the City did not sell any Proposition A revenue and convert it to General Fund revenue. These two items account for the $1.6 million that was originally anticipated in the General Fund. General Fund appropriations were increased during the year by $2,054,472 or 10.1% from the original budget to the amended budget. The final expenditures actually came in $2,322,725 less than the amended budget due to the previously mentioned reclassification of expenditures carried over for the building improvements made to the Library. Additional explanations for the difference between budget and actual expenditures include salary savings from staff vacancies, 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, 2013 amounts to $389,876,038 (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. Table 3 City of Diamond Bar Capital Assets (net of depreciation) Land Right of Way Buildings and Improvements Furniture and Fixtures Vehicles & Equipment Infrastructure Construction in Progress 2013 2012 $6,587,349 $6,587,349 265,614,104 265,614,104 24,719,493 24,763,259 960,421 1,229,664 829,352 1,152,575 90,757,435 93,693,637 407,884 1,333,575 $389,876,038 $394,374,163 The City's capital assets decreased in value $4,498,125 during FY12113. This decrease was due primarily to depreciation expense. 13 Construction in progress at the end of the year included four projects in various stages of design or construction. The four projects equaling $407,884 include median projects, drainage and erosion control projects, and a curb ramp installation 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 $12,301,447. Of this amount $306,687 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: Variable Rate Lease Revenue Bonds (backed by the Public Financing Authority) $ 11,135,000 Unamortized Bond Premium 229,727 CJIPA General Liability Deposit 88,598 Compensated Absences 541,435 Net OPEB Obligation 306,687 $ 12,301,447 See footnote 6 for additional information on the City's long-term liabilities as of June 30, 2013. 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 2013/2014 budget is a fiscally conservative budget. As the economy continues to improve, anticipated revenues in the General Fund reflect moderate yet realistic growth. The ongoing operations budget has been maintained at the status quo as much as possible. 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. 14 The City has made a conscientious decision to use some general fund balance reserves for economic development purposes. As a result, the FY 13114 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_ 15 THIS PAGE INTENTIONALLY LEFT BLANK MR CITY OF DIAMOND BAR STATEMENT OF NET POSITION JUNE 30, 2013 Assets: Cash and investments Receivables: Accounts Notes and loans Accrued interest Prepaid costs Due from other governments Restricted assets: Cash with fiscal agent Due from employees Capital assets not being depreciated Capital assets, net of depreciation Total Assets Liabilities: Accounts payable Accrued liabilities Accrued interest Unearned revenue Deposits payable Due to other governments Retentions Payable Noncurrent liabilities: Due within one year Due in more than one year Total Liabilities Net Position: Net investment in capital assets Restricted for: Community development projects Public safety Public works Capital projects Debt service Unrestricted Total Net Position �"��--'eeNo�es-f+a FfnanaTateme�n s — 17 Governmental Activities $ 26,051,238 513,489 349,509 34,363 28,454 1,425,056 15,003 2,300 272,609,337 117,266,701 418,295,450 1,705,332 321,895 38,746 58,958 1,087,758 349,509 1,292 757,288 11,544,159 15,864,937 378, 511, 311 1,084,434 196,503 3,964,252 165,587 3 18, 508,423 $ 402,430,513 CITY OF DIAMOND BAR STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2013 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 Primary Government Net(Expenses) $ 6,942,983 Revenue and $ - Changes in Net Program Revenues Position Operating Capital - (4,496,420) Charges for Contributions Contributions Governmental Expenses Services and Grants and Grants Activities $ 6,942,983 $ 160,379 $ - $ - $ (6,782,604) 5,831,227 1,167,012 167,795 - (4,496,420) 1,980,646 532,742 324,639 - (1,123,265) 5,591,917 1,689,497 170,189 233,692 (3,498,539) 10,197,098 2,604,053 3,361,914 457,040 (3,774,091) 487.369 - - - (487,36 $31,031,240 $6,153,683 $ 4,024,537 $ 690,732 (20,162,288) General Revenues: Taxes: Property taxes, levied for general purpose Transient occupancy taxes Sales taxes Franchise taxes Other taxes Motor vehicle in lieu - unrestricted Use of money and property Other Loss on disposal of capital asset Total General Revenues Change in Net Position Net Position at Beginning of Year Restatement of Net Position Net Position at End of Year See Notes to Financial Statements 18 4,080,273 782,952 3,546,239 1,465, 666 333,250 4,659,994 6,307 533,475 (21,057) 15,387,099 (4,775,189) 405,860,546 1,345,156 $ 402,430,513 GOVERNMENTAL FUNDS IM_M01A:7s303WONIMP 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. CAPITAL PROJECT FUND The Capital Improvement Fund has been classified as a major fund and is used to account for receipts and expenditures of money for construction of various projects. 19 CITY OF DIAMOND BAR BALANCE SHEET - 750 27,081 - - 1,084,434 GOVERNMENTALFUNDS _ - 196,503 196,503 - JUNE 30, 2013 3,964,252 - - 165,587 165,587 - 3 Capital - 2,730 - 2,730 4,500,000 Projects 4,500,000 13,010,385 - (3,466) 13,006,919 Funds 2,730 5,408,063 22,947,509 Capital Other Total Improvement Governmental Governmental General Fund Funds Funds Assets: Pooled cash and investments $18,929,086 $ - $ 5,527,221 $ 24,456,307 Receivables: Accounts 376,693 - 121,166 497,859 Dotes and loans - - 349,509 349,509 Accrued interest 34,363 - - 34,363 Prepaid costs 26,331 - 750 27,08.1 Due from other governments 1,007,329 70,314 347,413 1,425,056 Due from other funds 95,411 - - 95,411 Due from employees 2,300 - - 2,300 Restricted assets: Cash and investments with fiscal agents 15,000 - 3 15,003 Total Assets $ 20,486,513 $ 70,314 $ 6,346,062 $ 26,902,889 Liabilities, Deferred Inflows of Resources, and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenues Deposits payable Due to other governments Due to other funds Retentions payable Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted for: Community development projects Public safety Highways and streets Capital Projects Debt service Assigned to: Capital Projects Emergency contingencies Unassigned Total Fund Balances Total Liabilities, Deferred Inflows of Resources, and Fund Balances $ 1,194,121 $ 42,978 305,158 - 1,087,758 - 14,063 - 1,292 2,587,037 58,333 362,760 9,251 362,760 9,251 $ 431,447 16,737 58,958 349,509 81,348 937,999 $ 1,668,546 321,895 58,958 1,087,758 349,509 95,411 1,292 3,583,369 - 372,011 372,011 26,331 - 750 27,081 - - 1,084,434 1,084,434 _ - 196,503 196,503 - - 3,964,252 3,964,252 - - 165,587 165,587 - 3 3 - 2,730 - 2,730 4,500,000 - - 4,500,000 13,010,385 - (3,466) 13,006,919 17,536,716 2,730 5,408,063 22,947,509 $ 20,486,513 $ 70,314 $ 6,346,062 $ 26,902,889 See Notes to Financial Statements 20 CITY OF DIAMOND BAR RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION JUNE 30, 2013 Fund balances of governmental funds $ 22,947,509 Amounts reported for governmental activities in the statement of net position are different because: Capital assets net of depreciation have not been included as financial resources in governmental fund activity. 389,525,896 Long-term debt and compensated absences that have not been included in the governmental fund activity: Bonds payable $ (11,135,000) Unamortized bond premiums/discounts (229,727) Compensated Absences (541,435) Other post employment benefit obligation (306,687) (12,212,849) Accrued interest payable for the current portion of interest due on Bonds has not been reported in the governmental funds. (38,746) Revenues reported as unavailable revenue in the governmental funds and recognized in the statement of activities. These are included in the intergovernmental revenues in the governmental fund activity. 372,011 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 assets and liabilities of the internal service funds must be added to the statement of net position. 1,836,692 Net Position of governmental activities $ 402,430,513 See [dotes to Financial Statements 21 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTALFUNDS YEAR ENDED JUNE 30, 2013 Capital Projects Funds Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use of money and property Fines and forfeitures Miscellaneous Total Revenues Expenditures: Current: General government Public safety Community development Parks and recreation Public works 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, as previously reported Restatements Fund Balances, Beginning of Year, as restated Fund Balances, End of Year (409,084) 2,590,735 2,675,960 (494,309) 347,960 335,137 496,579 1,179,676 17,144,314 (332,407) 4,911,484 21,723,391 44,442 - - 44,442 17,188,756 (332,407) 4,911,484 21,767,833 $ 17,536,716 $ 2,730 $ 5,408,063 $ 22,947,509 See Notes to Financial Statements 22 Capital Other Total Improvement Governmental Governmental General Fund Funds Funds $ 10,200,419 $ - $ 550,609 $ 10,751,028 1,212,488 - 26,138 1,238,626 4,659,994 408,481 5,358,877 10,427,352 1,689,497 - 1,548,668 3,238,165 (6,087) - 36,203 30,116 522,142 - - 522,142 551,710 - - 551,710 18,830,163 408,481 7,520,495 26,759,139 4,214,834 - - 4,214,834 5,667,176 - 11,438 5,678,614 1,469,061 - 540,979 2,010,040 3,984,553 - 65,608 4,050,161 2,372,321 - 2,890,725 5,263,046 365,174 2,664,079 1,915 3,031,168 - - 335,000 335,000 - - 502,291 502,291 18,073,119 2,664,079 4,347,956 25,085,154 757,044 (2,255,598) 3,172,539 1,673,985 1,611,614 2,590,735 993,543 5,195,892 (2,020,698) - (3,669,503) 5,690201) (409,084) 2,590,735 2,675,960 (494,309) 347,960 335,137 496,579 1,179,676 17,144,314 (332,407) 4,911,484 21,723,391 44,442 - - 44,442 17,188,756 (332,407) 4,911,484 21,767,833 $ 17,536,716 $ 2,730 $ 5,408,063 $ 22,947,509 See Notes to Financial Statements 22 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, 2013 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 $ 1,099,358 Depreciation Expense (7,054,522) Loss on disposal of capital assets 21,057) Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net position. Principal repayments 335,000 Amortization of bond premium 14,126 CJPIA General Liability Cumulative Deposit 235,647 Other post employment benefit obligation (64,454) Compensated Absences 9,663 Accrued interest for long-term liabilities. This is the net change in accrued interest for the current period. Revenues reported as unavailable 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 position of governmental activities See Notes to Financial Statements 23 $ 1,179,676 (5,976,221) 529,982 796 (489,985) (19,437) $ (4,775,189) CITY OF DIAMOND BAR BUDGETARY COMPARISON STATEMENT GENERALFUND YEAR ENDED JUNE 30, 2013 See Notes to Financial Statements 24 Variance with Final Budget Budget Amounts Actual Positive Original _ Final Amounts (Negative) Budgetary Fund Balance, July 1, as restated $17,188,756 $ 17,188,756 $17,188,756 $ - Resources (Inflows): Taxes 9,751,904 9,845,249 10,200,419 355,170 Licenses and permits 1,033,217 1,133,217 1,212,488 79,271 Intergovernmental 4,826,700 6,268,514 4,659,994 (1,608,520) Charges for services 1,804,787 1,767,884 1,689,497 (78,387) Use of money and property 182,000 167,000 (6,087) (173,087) Fines and forfeitures 486,000 504,000 522,142 18,142 Miscellaneous 13,000 70,300 551,710 481,410 Transfers in 1,567,659 1,189,634 1,611,614 421,980 Amounts Available for Appropriation 36,854,023 38,134,554 37,630,533 (504,021) Charges to Appropriation (Outflow): General government City Council 177,630 177,630 156,874 20,756 City Attorney 285,000 285,000 243,296 41,704 City Manager/Clerk 1,018,554 917,476 897,885 19,591 Finance 432,183 439,683 415,452 24,231 Human resources .258,248 281,913 226,252 55,661 Information systems 746,259 1,175,259 1,064,687 110,572 General government 466,640 416,165 340,171 75,994 Public information 555,565 555,565 523,995 31,570 Civic Center 450,315 487,250 346,222 141,028 Subtotal general government 4,390,394 4,735,941 4,214,834 521,107 Public safety Law Enforcement 5,801,683 5,869,983 5,482,924 387,059 Fire Protection 7,500 7,500 - 7,500 Animal Control 143,141 143,141 128,587 14,554 Emergency preparedness 59,640 59,640 55,665 3,975 Subtotal public safety . 6,011,964 6,080,264 5,667,176 413,088 Community development 1,643,562 1,735,331 1,469,061 266,270 Parks, recreation, and culture 3,988,153 4,060,651 3,984,553 76,098 Highways and streets 2,484,803 2,656,360 2,372,321 284,039 Capital outlay 140,500 915,256 365,174 550,082 Transfers out 1,702,694 2,232,739 2,020,698 212,041 Total Charges to Appropriations 20,362,070 22,416,542 20;093,817 2,322,725 Budgetary Fund Balance, June 30 $16,491,953 $ 15,718;012 $17,536,716 $ 1,818,704 See Notes to Financial Statements 24 CITY OF DIAMOND BAR STATEMENT OF NET POSITION PROPRIETARY FUNDS JUNE 30, 2013 Governmental Activities - Internal Assets: Current: Cash and investments Receivables: Accounts Prepaid costs Total Current Assets Noncurrent: Capital assets - net of accumulated depreciation Total Noncurrent Assets Total Assets Liabilities and Net Position: Liabilities: Current: Accounts payable Total Current Liabilities Noncurrent: CJPIA Retrospective Deposit Payable Total Noncurrent Liabilities Total Liabilities Net Position: Net investment in capital assets Unrestricted Total Net Position Total Liabilities and Net Position See Notes to Financial Statements 25 $ 1,594,931 15,630 1,373 1,611,934 350,'142 350,142 $ 1,962,076 $ 36,786 36,786 88,598 88,598 125,384 350,142 1,486,550 1,836,692 $ 1,962,076 CITY OF DIAMOND BAR STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2013 Operating Revenues: Sales and service charges Miscellaneous Total Operating Revenues Operating Expenses: Source of supply Pumping Depreciation expense Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses). Interest revenue Total Nonoperating Revenues(Expenses) Income (Loss) Before Transfers Transfers in Changes in Net Position Net Position: Beginning of Year, as previously reported Restatements Beginning of Fiscal Year, as restated End of Fiscal Year See Notes to Financial Statements 26 Governmental Activities - Internal $ 8,985 8,983 498,857 5,374 26,454 530,685 (521,700) 7,954 7,954 (513,746) 494,309 (19,437) 1,940,016 (83,887) 1,856,129 $ 1,836,692 CITY OF DIAMOND BAR STATEMENT OF CASE{ FLOWS PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2013 Cash Flows from Operating Activities: Insurance Premiums (paid)Irefund received Payments to suppliers Interfund allocation received 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 accounts receivable (Increase) decrease in prepaid expense Increase (decrease) in accounts payable Increase (decrease) in retrospective deposit payable Total Adjustments Net Cash Provided (Used) by Operating Activities See Notes to Financial Statements 27 Governmental Activities - Internal Service Funds $ 93,092 (578,350) 6,838 (478,420) 494,309 494,309 (64,063) (64,063 7,954 7,954 (40,220) 1,635,151 $ 1,594,931 $ (529 ,700) 26,454 2,347 (1,373) (72,746) 88,598 43,280 $ (478,420) THIS PAGE INTENTIONALLY LEFT BLANK 28 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2013 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 when the component unit provides services almost entirely to the City. Blended Component Units 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 position and the statement of changes in net position) 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. The statement of activities demonstrates the degree to which the direct expenses of a 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 to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general 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. t'Z* CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1: Reporting Entity and Significant Accounting Policies (Continued) c. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The basic financial statements of the City are composed of the following: • Government -wide financial statements • Fund financial statements • Notes to basic financial statements The government -wide financial statements and proprietary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Under the economic resources measurement focus, all assets and liabilities (current and long-term) are reported. Under the accrual basis of accounting, revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the fiscal year, which the taxes are levied. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all the eligibility requirements imposed by the 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 in connection with a proprietary fund's principal .ongoing 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 expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under the current financial resources measurement focus, generally only current assets and liabilities are reported in the governmental funds. Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) 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 purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, except for principal and interest on long-term liabilities, claims and judgments, and compensated absences which are recognized as expenditures only when payment is due. Property taxes, taxpayer -assessed taxes, such as sales 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 assessments 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 are considered to be measurable and available only when cash is received by the City. 30 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL. STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1., Reporting Entity and Significant Accounting Policies (Continued) 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 in accordance with special regulations, restrictions or limitations. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. d. Fund Classifications The City reports the following major governmental funds The General Fund is the primary operating fund of the City and is used to account for all revenues and expenditures of the City not legally restricted as to use. A broad range of Municipal activities are provided through this fund including City Manager, City Attorney, Finance, City Clerk, Public Works, Building and Safety, and Parks and Recreation. The Capital Improvement „Fund has been classified as a major fund and is used to account for receipts and expenditures of money for construction of various projects. The City's fund structure also includes the following fund types 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. e. Investments For financial reporting purposes, investments are stated at fair value. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds, except for assets held by fiscal agents. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated 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 investments that are both readily convertible to known amounts of cash or so near their maturity (an original maturity date of three months or less from the date of purchase) that they present insignificant risk of changes in value because of changes in interest rates. Cash and cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City. All cash and investments of the proprietary (internal service) funds are pooled with the City's pooled cash and investments and are therefore considered cash equivalents for purposes of the statement of cash flows. 31 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1: Reporting Entity and Significant Accounting Policies (Continued) g. Capital Assets Capital assets (including infrastructure) are recorded at cost where historical records are available and at an estimated original cost where no historical records exist. Contributed capital assets are valued at their estimated fair market value at the date of contribution. Capital asset purchases (other than infrastructure) in excess of $5,000 are capitalized if they have an expected useful life of three years or more. Capital assets include additions to public domain (infrastructure), certain improvements including roads, streets, sidewalks, medians and storm drains within the City. In the fiscal year ended June 30, 2013, the City, with the assistance of an outside consultant, 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 30, 2013. Capital assets used in operations are depreciated over their estimated useful lives using the straight-line method in the Government -wide and Proprietary Fund Financial Statements. Depreciation is charged as an expense against operations and accumulated depreciation is reported on the respective balance sheet. The lives used for depreciation purposes of each capital asset class are: Buildings and improvements 10 - 20 years Furniture and fixtures 3 - 5 years Vehicles and equipment 5 years Infrastructure 10 - 50 years h. Deferred outflows/inflows of resources In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/ expenditure) until then. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies. to a future period(s) and thus will not be recognized as an inflow of resources (revenue) until that time. The government has only one type of item, which arises only under a modified accrual basis of accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues from two sources: taxes and grant revenues. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. i. Net position flow assumption Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate 32 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL. STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1: Reporting Entity and Significant Accounting Policies (Continued) the amounts to report as restricted — net position and unrestricted — net position in the government -wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the government's policy to consider restricted — net position to have been depleted before unrestricted — net position is applied. Fund balance flow assumptions Sometimes the government will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the government's policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. k. Compensated Absences Vacation and sick leave time begin to accumulate as of the first day of employment to a maximum of 360 hours and 280 hours, respectively. Employees who accumulate sick leave in excess of 200 hours are paid for the excess annually at one half the employees current wage rate. A liability is recorded for unused vacation and similar compensatory leave balances since the employees' entitlement to these balances are attributable to services already rendered and it is probable that virtually all of these balances will be liquidated by either paid time off or payments upon termination or retirement. A liability is recorded for unused sick leave balances only to the extent that it's probable that the unused balances will result in termination payments. This is estimated by including in the liability the unused balances of employees currently entitled to receive termination payments, 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 an employee retires, resigns, or terminates in good standing with a minimum of five years of service, the employee is entitled to receive 100% of unused sick leave at one half the employees current wage rate. Property Taxes Under California law, property taxes are assessed and collected by the counties up to 1% 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 year end. 33 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1: Reporting Entity and Significant Accounting Policies (Continued) i---2 taxes are assessed and collected each fiscal year according to the following property tax calendar: Lien date Levy date Due dates Collection dates Delinquent dates m. Use of Estimates January 1 July 1 November 1 - 1 st installment February 1 - 2nd installment December 10 -1st installment April 10 - 2nd installment December 11 -1 st installment April 11 - 2nd installment The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. n. Fund Equity In the fund financial statements, government funds report the following fund balance classification: • 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 intact. • Restricted include amounts that are constrained on the use of resources by either (a) external creditors, grantors, contributors, or laws of regulations of other governments or (b) by law through constitutional provisions or enabling legislation. • Committed include amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest authority, City Council. The formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution. • Assigned include amounts that are constrained by the government's intent to be used for specific purposes, but are neither restricted nor committed. The Director of Finance is authorized to assign amounts to a specific purpose, which was established by the governing body in resolution. • Unassigned include the residual amounts that have not been restricted, 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 34 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 1: Reporting Entity and Significant Accounting Policies (Continued) expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available and committed, assigned, then unassigned amounts are considered to have been spent when an expenditure is incurred for purposes for which amounts in any of those unrestricted fund balance classifications can be used. The Entity implemented GASB Statement 65, Items Previously Reported as Assets and Liabilities. GASB 65, among other things, amends prior guidance with respect to the treatment of debt issuance costs. Debt issuance costs should be recognized in the period incurred rather than reported on the statement of net position as deferred charges and recognized systematically over the life of the debt. The accounting changes of this statement should be applied retroactively and therefore the Entity has reported a restatement of beginning net position for any unamortized debt issuance costs (deferred charges) previously reported on the statement of net position to conform. 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 by City Council. Prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Expenditures may not legally exceed appropriations at the department level. Justice Assistance Grant Fund is not presented in the budgetary comparison schedule. Budget Basis of Accounting Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). b. At June 30, 2013, the following funds had deficit fund balances: Other Governmental Funds: Landscape Maintenance District Fund $ 2,716 Note 3: Cash and Investments Cash and Investments Cash and investments at .lune 30, 2013, consisted of the following: Statement of Net Position: Cash and investments $ 26,051,238 Cash and investments with fiscal agents 15,003 $ 26,066,241 35 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 3:__ Cash and Investments (Continued) Cash and investments Hold by the City at June 30, 2013, consisted of the following: Imprest cash on hand $ 1,500 Demand deposits 985,923 Escrow deposits 15,000 Investments: United States Government Sponsored Enterprise Securities 15,571,064 Local Agency Investment Fund 9,492,751 Held by Bond Trustee: Money Market Mutual Funds 3 $ 26,066,241 Investments Authorized by the California Government Code and the City's Investment Poli The table below identifies the investment types that are authorized for the City by the California Government Code (or the City's investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City's investment policy, where more restrictive) that address' interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City's investment policy. The City Treasurer may waive the collateral requirement for deposits that are fully insured up to $250,000 by the FDIC. Maximum Maximum Percentage of Authorized Investment Type Maturity Portfolio United States Treasury Obligations 5 years None United States Government Sponsored Enterprise Securities 5 years 40% Banker's Acceptance Time Certificates of Deposits Commercial Paper Negotiable Certificates of Deposit Money Market Mutual Funds Repurchase Agreements Medium -Term Corporate Notes (1) Local Agency Investment Fund (LAIF) (1) Notes must be rated "A" or better NIA - Not Applicable 36 180 days 5 years 270 days 5 years 5 years 1 year 5 year NIA 40% None 25% 30% 15% None 30% None Maximum Investment in (inn Iceiier None None 30% None 10% None None None None $ 40,000,000 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 3: Cash and Investments (Continued) 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 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. 37 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 3: Cash and Investments (Continued) 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: Remaining Maturity in Months 12 Months or Investment Type less 1 - 3 years 3 - 5 years. Total US Government Sponsored Securities Certificate of Deposits Local Agency Investment Fund (LAIF) Held by Bond Trustees: Money Market Mutual Funds Disclosures Relating to Credit Risk - $ 498,565 $ 7,855,639 $ 8,354,204 992,844 2,986,801 3,237,215 7,216,860 9,492,751 - - 9,492,751 3 - - $ 10,485,598 $ 3,485,366 $ 11,092,854 $ 25,063,818 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 Moody's, as of year-end for each investment type: Total as of Investment Type June 30,2013 Aaa Unrated US Government Sponsored Securities Certificate of Deposits Local Agency Investment Fund (LAIF) Held by Bond Trustees: Money Market Mutual Funds Total $ 8,354,204 $ 8,354,204 $ - 7,216,860 7,216,860 - 9,492,751 - 9,492,751 3 3 - $ 25,063,818 $ 15,571,067 $ 9,492,751 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 (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, W NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 3: Cash and Investments (Continued) 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 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 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, 2013, 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 Transfers and Due To]From Other Funds Transfers In Transfer Out Amount General Fund Other Governmental Funds $ 1,611,614 Capital Improvement Fund General Fund 158,115 Other Governmental Funds 2,432,620 Other Governmental Funds General Fund 993,543 Internal Service Funds General Fund 494,309 $ 5,690,201 Transfers to the General Fund from the Other Governmental Funds were made to reimburse the General Fund for various capital projects and administrative expenditures. 051 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 4: Interfund Transfers and Due To/From Other Funds (Continued) Transfers from the General Fund to the Other Governmental were made to provide for debt service payments and the transfer to the Internal Service funds was made to provide for the annual contribution of the Liability Program of the fiscal year 2012-13. The transfer from the General Fund to the Public Financing Authority Fund was made to fund the principal and interest payments for the bond issued under the Public Financing Authority. Due from other funds Due to other funds General Fund Other Governmental Funds General Fund Capital Improvement Fund Amount $ . 81,348 14,063 $ 95,411 Short-term borrowings were made from the General Fund to the Capital Improvement Fund and Other Governmental Funds due to negative cash. This is expected to be repaid in the immediate future with reimbursements. Note 5: Capital Assets A summary of changes in the Governmental Activities capital assets at June 30, 2013, is as follows: Capital assets not being depreciated: Land Right of way Construction in progress Total Capital Assets Not being Depreciated Capital assets being depreciated: Buildings and improvements Furniture and fixtures Vehicles and equipment Infrastructure Total Capital Assets being Depreciated Less accumulated depreciation for: Buildings and improvements Furniture and fixtures Vehicles and equipment Infrastructure Total Accumulated Depreciation Total Capital Assets Being Depreciated, Net Governmental Activities Capital Assets, Net Balance at Adjusted Balance Balance at July 1, 2012 Adjustments July 1, 2012 Transfers Additions Deletions June 30, 2013 $ 6,587,349 $ - $ 6,587,349 $ $ - $ - $ 6,587,349 265,614,104 - 265,614,104 - 265,614,104 1,333,575 - 1,333,575 1,707,715 782,024 - 407,884 273,535,028 - 273,535,028 (1,747,715) 782,024 272,609,337 40,115,261 (33D,728) 39,784,533 674,662 180,03() 40,639,225 1,428,111 1,428,111 - - - 1,426,111 2,801,935 (354,984) 2,446,951 - 201,367 404,183 2,244,135 188,391,084 672,079 189,063,163 1,033,053 - - 190,096,216 232,736,391 (13,633) 232,722,758 1,707,715 381,397 404,183 234,407,687 15,352,002 (1,458,223) 13,893,779 - 2,025,953 - 15,919,732 198,447 (2,312) 196,135 - 271,555 - 467,690 1,649,364 4,593 1,653,953 - 143,557 383,127 1,414,783 94,697,447 1,822 94,699,269 - 4,639,512 - 99,338,781 911,897,256{1,454,120) 110,443,136 - 7,080,977 383,127 117,140,986 120,839,135 1,440,487 122,279,622 1,707,715 6,699,580 21,056 417,266,701 $ 394,374,163 $ 1,440,487 $ 395,814,650 $ $ (5,917,556) $ 21,056 $ 389,676,038 Depreciation expense was charged to functions in the Statement of Activities as follows: General government $ 709,510 Public safety 11,754 Highways and streets 4,750,508 Community development 1,582,750 Internal Service Funds depreciation charges to program 26,455 $ 7,080,977 M CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 6: Long -Terra Liabilities Long-term liability activity for the year ended June 30, 2013, was as follows: Bonds payable Revenue Bonds CJPIA General Liability Cumulative Deposit Payable Compensated absences Net OPEB obligation (Note 10) Total Net unamortized bond premium Net Long -Term Debt Bonds Payable Balance Balance at June Due Within July 1, 2012 Additions Deletions 30, 2013 One Year $ 11,470,000 $ - $ 335,000 $ 11,135,000 $ 350,000 235,647 - 147,049 88,598 - 551,098 457,074 466,737 541,435 407,288 242,233 72,644 8,190 306,687 - $ 12,498,978 $ 529,718 $ 956,976 12,071,720 $ 757,288 229,727 $ 12,301,447 In December 2002, the Diamond Bar Public Financing Authority issued $13,755,000 of 2002 Series A Variable Rate Lease Revenue Bonds to finance the construction of a community/senior center project and other public improvements within the City. The bonds are special limited obligations of the Authority payable solely from revenues, consisting primarily of base rental payments paid by the City. The variable interest rate on the bonds are reset on a bi-weekly basis. In conjunction with the Bonds, the Authority executed a rate cap agreement on December 2, 2002, (the Agreement) with JPMorgan Chase (Counterparty) to minimize debt service cost on the 2002 Lease Revenue Bonds (the Bonds) by setting a cap on the interest rate on the Bonds. Under the Agreement, the Counterparty will pay the Authority an amount equal to the product of: (i) the amount by which the floating rate exceeds 4.5%, (ii) the national principal amount and (iii) the actual number of days in the calculation period divided by 365 days. The Agreement ls.for a notional amount equal to the outstanding principal amount of the Bonds and will decline as the principal amount declines. The Agreement terminated on January 1, 2013. Credit Risk The Counterparty, JPMorgan Chase, has the following credit ratings of: (I) Standard & Poor's, AA- and (ii) Moody's, Aa2. Refinancing of the 2002 Series A Lease Revenue Bonds (Community/Senior Center Project) The 2002 Series A Lease Revenue Bonds were originally issued on December 19, 2002 in the aggregate principal amount of $13,755,000. Since the date of their initial issuance, the Bonds have borne interest at a Weekly 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 of California, N.A. On December 1, 2011, these Bonds were refinanced and $12,190,000 was defeased. Subsequently, $11,790,000 in Bonds were issued with the interest rate converted from a Weekly Rate to a Fixed Rate. The fixed rates range from 3.00% to 5.00% throughout the life of the bond. 41 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 6: Long -Term Liabilities (Continued) Payments and Associated Debt As of June 30, 2013, debt service requirements of the Bonds and the Counterparty's payments, assuming current interest rates remain the same for remainder of the term of the Agreement, are as follows. Compensated Absences The City's policies relating to compensated absences are described in Note 1. This liability, amounting to $541,435 at June 30, 2013, is expected to be paid in future years from future resources, typically liquidated from the General Fund. Note 7: CJPIA Retrospective Deposit Liability Retrospective deposits and refunds are cost allocation adjustments to prior coverage periods. Some claims take many years to resolve and over time their estimated value changes. The retrospective adjustments are calculated annually and take into consideration all the changes in claim values that occurred during the most recent year. The formula is designed to adequately cover the cost of claims brought against members and to ensure the overall financial strength and security of the Authority. The formula was developed to be as equitable as possible by taking into consideration both risk exposure and claims experience of individual members. CJPIA has temporarily deferred the payment on retrospective deposits owed to the Authority by members. The payment deferral period extends until July 1, 2013, for the Liability program and July 1, 2015 for the Workers' Compensation program. Retrospective deposit payments are scheduled to resume on these dates. The October 2011 annual retrospective adjustment is included in these balances. The City at June 30, 2013, had a retrospective deposit due of $88,598. Optional Payment Plans When retrospective deposit payments resume as indicated above, members will have the opportunity to select from a variety of optional payment plans. Discounts under the incentive plan are available to members choosing to voluntarily accelerate payment during the deferral period. Subsequent to the year end, the City voluntarily chose to accelerate payment and paid it off in July, 2013. 42 Fixed Rate Debt Year Ending June 30 Principal Interest Total 2014 $ 350,000 $ 488,906 $ 838,906 2015 365,000 478,406 843,406 2016 385,000 467,456 852,456 2017 400,000 455,906 855,906 2018 420,000 435,906 855,906 2019-2023 2,420,000 1,875,181 4,295,181 2024-2028 3,050,000 1,280,006 4,330,006 2029-2033 3,745,000 536,100 4,281,100 Totals $ 11,135,000 $ 6,017,867 $ 17,152,867 Compensated Absences The City's policies relating to compensated absences are described in Note 1. This liability, amounting to $541,435 at June 30, 2013, is expected to be paid in future years from future resources, typically liquidated from the General Fund. Note 7: CJPIA Retrospective Deposit Liability Retrospective deposits and refunds are cost allocation adjustments to prior coverage periods. Some claims take many years to resolve and over time their estimated value changes. The retrospective adjustments are calculated annually and take into consideration all the changes in claim values that occurred during the most recent year. The formula is designed to adequately cover the cost of claims brought against members and to ensure the overall financial strength and security of the Authority. The formula was developed to be as equitable as possible by taking into consideration both risk exposure and claims experience of individual members. CJPIA has temporarily deferred the payment on retrospective deposits owed to the Authority by members. The payment deferral period extends until July 1, 2013, for the Liability program and July 1, 2015 for the Workers' Compensation program. Retrospective deposit payments are scheduled to resume on these dates. The October 2011 annual retrospective adjustment is included in these balances. The City at June 30, 2013, had a retrospective deposit due of $88,598. Optional Payment Plans When retrospective deposit payments resume as indicated above, members will have the opportunity to select from a variety of optional payment plans. Discounts under the incentive plan are available to members choosing to voluntarily accelerate payment during the deferral period. Subsequent to the year end, the City voluntarily chose to accelerate payment and paid it off in July, 2013. 42 ;��'(61' 1G1iTi1*1U111 ff-T, "It NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 7: CJPIA Retrospective Deposit Liability (Continued) After the deferral period, members choosing from among the optional payment plans will be subject to a moderate annual fee. The fee is intended to provide a means for the Authority to recover otherwise foregone investment earnings and to serve as a minor disincentive for the selection of longer financing terms. Retrospective Balances will Change Annually. Retrospective balances will change with each annual computation during the payment deferral period. Member balances may increase or decrease as a result of the most recent year's claim development. Accordingly, some members who chose to pay off their balance in full may be required to pay additional retrospective deposits in the future based on the outcome of actual claim development reflected in subsequent retrospective deposit computations. Conversely, if claim development is favorable then subsequent retrospective adjustments could potentially result in refunds to the member, More information on the CJPIA retrospective balances can be found on the CJPIA website at CJPIA.org. Note 8: Liability, Property and Workers' Compensation Protection The City of Diamond Bar is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of over 120 California public entities and is organized under a joint powers agreement pursuant to California Government Code §6500 et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self-insured losses, to purchase excess insurance or reinsurance, and to arrange for group purchased insurance for property and other lines of coverage. The California JPIA began covering claims of its members in 1978. Each member government has an elected official as its representative on the Board of Directors. The Board operates through a nine -member Executive Committee. a. Self -Insurance Programs of the Authority Each member pays an annual contribution (formerly called the primary deposit) to cover estimated losses for the coverage period. This initial funding is paid at the beginning of the coverage period. After the close of the coverage period, outstanding claims are valued. A retrospective deposit computation is then conducted annually thereafter until all claims incurred during the coverage period are closed on a pool -wide basis. This subsequent cost re -allocation among members based on actual claim development can result in adjustments of either refunds or additional deposits required. The total funding requirement for self-insurance programs is estimated using actuarial models and pre -funded through the annual contribution. Costs are allocated to individual agencies based on exposure (payroll) and experience (claims) relative to other members of the risk -sharing pool. Additional information regarding the cost allocation methodology is provided below. Liability With respect to the liability program, claims are pooled separately between police .and non -police exposures. (1) The payroll of each member is evaluated relative to the payroll of other members. A variable credibility factor is determined for each member, which establishes the weight applied to payroll and the weight applied to losses within the 43 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 8: Liability, Property and Workers' Compensation Protection (Continued) formula. (2) The first layer of losses includes incurred costs up to $30,000 for each occurrence and is evaluated as a percentage of the pool's total incurred costs within the first layer. (3) The second layer 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 loss layers. (5) Costs of covered claims 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 to a combined $3 million annual aggregate deductible. On a cumulative basis for all 2012-13 reinsurance contracts the annual aggregate deductible is $3 million. (6) 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 of coverage is $50 million per occurrence. Costs of covered claims for subsidence losses are paid by reinsurance and excess insurance with a pooled sub -limit of $25 million per occurrence. This $25 million subsidence sub -limit is composed of (a) $5 million retained within the pool's SIR, (b) $10 million in reinsurance and (c) $10 million in excess insurance. The excess insurance layer has a $10 million annual aggregate. Workers' Compensation In the workers' compensation program claims are pooled separately between public safety (police and fire) and non-public safety exposures. (1) The payroll of each member is evaluated relative to the payroll of other members. A variable credibility factor is determined for each member, which establishes the weight applied to payroll and lhp. weight applied to losses within the formula. (2) The first layer of losses 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 of losses 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 in excess of $100,000 up to the reinsurance attachment point of $2 million are distributed based on the outcome of cost allocation within the first and second loss layers. (5) 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 to $2 million. Coverage from $2 million to $5 million is purchased as part of a reinsurance policy, and Employer's Liability losses from $5 million to $10 million are pooled among members. b. Purchased Insurance Pollution Leaal Liabilitv Insurance The City of Diamond Bar participates in the pollution legal liability insurance program (formerly called environmental insurance) which is available through the Authority. The policy covers sudden and gradual pollution of scheduled property, streets, and storm drains owned by the City of Diamond Bar. Coverage is on a claims -made basis. There is 44 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 8: Liability, Property and Workers' Compensation Protection (Continued) a $50,000 deductible. The Authority has a limit of $50 million for the 3 -year period from July 1, 2011 through July 1, 2014. Each member of the Authority has a $10 million sub -limit during the 3 -year term of the policy. Property Insurance The City of Diamond Bar participates in the all-risk property protection program of the Authority. This insurance protection is underwritten by several insurance companies. City of Diamond Bar property is currently insured according to a schedule of covered property 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 $31,631,644. There is a $5,000 deductible per occurrence except for non -emergency vehicle insurance which has a $1,000 deductible. Premiums 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 $1,000,000 with a $2,500 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 of the above programs of protection experienced settlements or judgments that exceeded pooled or insured coverage. There were also no significant reductions in pooled or insured liability coverage in 2012-13. 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, La Palma, California 90623. Note 9; Pension Plan Plan Description The City of Diamond Bar participates in the Miscellaneous 2% at 55 Risk Pool of the California Public Employee's Retirement System (PERS), a cost-sharing, multiple -employer defined benefit pension plan administered by PERS. PERS provides retirement and disability benefits, annual cost -of -living adjustments, 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 Street, Sacramento, California 95814. 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 45 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 9: Pension Plan (Continued) 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 11.46% of covered payroll. The City's contributions to CalPERS for the years ending June 30, 2013, 2012 and 2011, were $318,334, $309,329 and $410,342 respectively and were equal to the required contribution for each year. Plan Description [n connection with the retirement benefits for employees described in Note 10, 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 65must 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 10: Postemployment Benefits Other than Pensions Annual OPEB Cost and Net OPEB Obligation The City's annual OPEB 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. Fundinq Polic 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 ($1121month for calendar 2012 and $115/month for calendar 2013, increased in all future years according to the rate of medical inflation). The City pays a 0.36% of premium administrative charge on behalf of all retirees. The City is currently funding this OPEB obligation on a pay-as-you-go basis usually using available resources in the general fund. For the year ended June 30, 2013, the City paid $8,190 in health care costs for its retirees and their covered dependents. 48 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 10: Postemployment Benefits Other than Pensions (Continued) The following table shows the components of the 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 $ 79,497 Interest on net OPEB obligation 4,845 Adjustment to annual required contribution (11,698 Annual OPEB cost (expense) 72,644 Contributions made 8,190 Increase in net OPEB obligation 64,454 Net OPEB obligation - beginning of year 242,233 Net OPEB obligation - end of year $ 306,687 Three -Year Trend Information For fiscal year 2013, the City's annual OPEB cost (expense) $7.2,644 was equal to the ARC. Information on the annual OPEB costs, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation is only available for two fiscal years, as presented below: 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 status 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 of funding progress below presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the Percentage of Actuarial Actuarial Actuarial Fiscal Year Annual OPEB Actual Annual OPEB Costs Net OPEB Ended Costs Contributions Contributed Obligation 6130!11 7 59,033 $ 5,772 9.78% $ 174,971 6130/12 74,774 7,512 10.05% 242,233 6/30113 72,644 8,190 11.27% 306,687 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 status 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 of funding progress below presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The information is as of the latest actuarial valuation. Actuarial Actuarial Actuarial Percent of Type of Valuation Value of Accrued Funded Covered Covered Interest Valuation Date Assets Liability Ratio Payroll Payroll Rate Actual 7/1/2008 $ - $ 402,007 0.0% $ 3,936,516 10.99% 5.00% Actual 711/2011 - 502,013 0.0% 3,959,573 12.68% 5.00% M CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 10: 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, 2011, actuarial valuation, the projected unit credit method was used. The actuarial assumptions included a discount rate of 5.0% per annum, inflation rate of 3.0%, 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 11: 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 12: Construction Commitments The following material construction commitments existed at June 30, 2013: Project Name Park Improvements Street Improvements Transportation Infrastructure Traffic Control Improvements M isc. Improvements 48 Expenditures as of Remaining June 30, 2013 Commitments $ 27,750 $ 27,750 31,453 1,470, 637 219,810 900,190 15,015 424,985 8,953 940,268 $ 302,981 $ 3,763,830 CITY OF DIAMOND BAR NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2013 Note 13: Operating Leases The City leases building and office facilities under non -cancelable operating leases. In January 2012, the City relocated to its new City Hall. However, the City will continue to lease meeting room space for the City Council to conduct its meetings. The total costs for such leases were $24,300 for the year ended June 30, 2013. The future minimum lease payments for the lease of building and office facilities are as follows: Year E=nding June 30, 2014 $ 24,725 2015 25,219 2016 25,724 2017 12,989 Total $ 88,657 Note 14: Fund Balance/Net Position Restatements Major governmental funds: General Fund To reverse reimbursement from the County library for various construction costs which were booked into revenue. Internal Service Funds To record prior period restatements/adjustments for various capital assets. To record prior period restatements/adjustments for accumulated depreciation Government Wide To write off cost of issuance in the current year due to GASB 65 To record prior period restatements/adjustments for various capital assets. To record prior period restate mentsladjustments for accumulated depreciation Total Net Position Restatements 49 $ 44,442 (83,163) (724) (139,773) 69,530 1,454, 844 $ 1,345,156 THIS PAGE INTENTIONALLY LEFT BLANK 50 THIS PAGE INTENTIONALLY LEFT BLANK 51 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2013 Special Revenue Funds Liabilities and Fund Balances: Liabilities: Accounts payable $ - $ 214,040 $ 93,795 $ - Accrued liabilities - 3,854 4,529 - Unearned revenues - - - Due to other governments Due to other funds - - Total Liabilities - 217,894 98,324 - Restricted for: Community development projects - - - - Public safety - - - - Public works 669,250 664,414 1,306,026 363 Capital Projects - - - - Debt service - - - - Unassigned - - - Total Fund Balances 669,250 664,414 1,306,026 363 Total Liabilities and f=und Balances $ 669,250 $ 882,308 $ 1,404,350 $ 363 +'3► State Gas Tax Proposition A Proposition C Transportation Fund Transit Fund Transit Fund Grant Fund Assets: Pooled cash and investments $ 549,708 $ 882,308 $ 1,404,350 $ 363 Receivables: Accounts - - - - Notes and loans Prepaid costs - _ - - Due from other governments 119,542 - - - Restricted assets: Cash and investments with fiscal agents - - - - Total Assets $ 669;250 $ 882,308 $ 1,404,350 $ 363 Liabilities and Fund Balances: Liabilities: Accounts payable $ - $ 214,040 $ 93,795 $ - Accrued liabilities - 3,854 4,529 - Unearned revenues - - - Due to other governments Due to other funds - - Total Liabilities - 217,894 98,324 - Restricted for: Community development projects - - - - Public safety - - - - Public works 669,250 664,414 1,306,026 363 Capital Projects - - - - Debt service - - - - Unassigned - - - Total Fund Balances 669,250 664,414 1,306,026 363 Total Liabilities and f=und Balances $ 669,250 $ 882,308 $ 1,404,350 $ 363 +'3► CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2013 (CONTINUED) Liabilities and Fund Balances: Special Revenue Funds Integrated Waste Traffic Air Quality Justice 15,000 $ - Management Improvement Improvement Assistance - - Fund Fund Fund Grant Assets: Due to other governments - - Pooled cash and investments $ 910,644 $ 475,331 $ 162,956 $ - Receivables: Total Liabilities 32,918 8,417 Accounts 121,166 - - - Notes and loans - - - - Prepaid costs 750 - - - Due from other governments 15,206 - 17,631 - Restricted assets: Capital Projects - - Cash and investments with fiscal agents - - - - Total Assets $ 1,047,766 $ 475,331 $ 180,587 $ - Liabilities and Fund Balances: Liabilities: Accounts payable $ 9,737 $ - $ 15,000 $ - Accrued liabilities 7,975 - - - Unearned revenues 15,206 8,417 - - Due to other governments - - - - Due to other funds - - - - Total Liabilities 32,918 8,417 15,000 - Restricted for Community development projects 1,014,848 - - - Public safety - - - Public works - 466,914 - - Capital Projects - - 165,587 - Debt service - - - - Unassigned - - - - Total Fund Balances 1,014,848 466,914 165,587 - Total Liabilities and Fund Balances $ 1,047,766 $ 475,331 $ 180,587 $ - 53 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2013 Assets: Pooled cash and investments Receivables: Accounts Notes and loans Prepaid costs Due from other governments Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenues Due to other governments Due to other funds Total Liabilities Restricted for: Community development projects Public safety Public works Capital Projects Debt service Unassigned Total Fund Balances Total Liabilities and Fund Balances Special Revenue Funds Park and Facility Trails & Development Bikeways Fund Fund CDBG Fund COPS Fund $ - $ - $ - $ 94,133 349,509 - 69,082 97,915 20,453 - $ 69,082 $ 97,915 $ 369,962 $ 94,133 802 $ - 379 - 35,335 - - - 349,509 - 62,078 19,270 - 97,413 369,960 - 69,082 502 2 - - - - 94,133 69,082 502 2 94,133 $. 69,082 $ 97,915 $ 369,962 $ 94,133 54 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2013 (CONTINUED) Assets: Pooled cash and investments Receivables: Accounts Notes and loans Prepaid costs Due from other governments Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenues Due to other governments Due to other funds Total Liabilities Restricted for: Community development projects Public safety Public works Capital Projects Debt service Unassigned Total Fund Balances Total Liabilities and Fund Balances Special Revenue Funds Landscape Measure R Asset Seizure Maintenance Local Return Fund CLEEP Fund District Fund Fund $ 66,254 $ 36,116 $ 87,773 $ 857,285 - 7,584 - $ 66,254 $ 36,116 $ 95,357 $ 857,285 98,073 $ - - 98,073 - 66,254 36,116 - - - - - 857,285 - - (2,716) - 66,254 36,116 (2,716) 857,285 $ 66,254 $ 36,116 $ 95,357. $ 857,285 55 CITY OF DIAMOND BAR COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2013 Assets: Pooled cash and investments Receivables: Accounts Notes and loans Prepaid costs Due from other governments Restricted assets: Cash and investments with fiscal agents Total Assets Liabilities and Fund Balances: Liabilities: Accounts payable Accrued liabilities Unearned revenues Due to other governments Due to other funds Total Liabilities Restricted for: Community development projects Public safety Public works Capital Projects Debt service Unassigned Total Fund Balances Total Liabilities and Fund Balances 56 Special Revenue Debt Service Funds Funds Public Total EECBG Grant Financing Governmental Fund Authority Funds $ - $ - $ 5,527,221 - 121,166 - 349,509 - 750 - 347,413 - 3 3 $ - $ 3 $ 6,346,062 $ 431,447 - 16,737 58,958 - - 349,509 81,348 937,999 - - 1,084,434 - 196,503 - 3,964,252 - - 165,587 3 3 - - (2,716) 3 5,408,063 $ - $ 3 $ 6,346,062 THIS PAGE INTENTIONALLY LEFT BLANK 57 CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2013 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks and recreation Public works 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 Fund Balances, End of Year Special Revenue Funds State Gas Tax Proposition A Proposition C Transportation Fund Transit Fund Transit Fund Grant Fund 1,371,632 942,893 782,901 712,436 - 1,039,633 - - 2,583 3,953 11,297 363 1,374,215 1,986,479 794,198 712,799 - 65,608 - - - 1,487,488 678,454 - - - 1,915 - - 680,369 1,553,096 - 1,374,215 433,383 113,829 712,799 (1,428,869) - (463,294) (712,436) (1,428,869) - (463,294) (712,436) . (54,654) 433,383 (349,465) 363 723,904 231,031 1,655,491 - $ 669,250 $ 664,414 $ 1,306,026 $ 363 58 CITY OF DIAMOND BAR COMBINING STATEMENT -OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2013 (CONTINUED) Special Revenue Funds Integrated Waste Traffic Air Quality Justice Management Improvement Improvement Assistance Fund Fund Fund Grant Revenues: Taxes $ - $ - $ - $ - Licenses and permits - - - - Intergovernmental 17,546 92,550 67,336 1,264 Charges for services 509,035 - - - Use of money and property 6,240 3,407 1,123 - Total Revenues 532,821 95,957 68,459 1,264 Expenditures: Current: Public safety - - - - Community development 353,509 - 67,739 - Parks and recreation - - - - Public works - Capital outlay - - - - Debt service: Principal retirement - - - - Interest and fiscal charges - - - - Total Expenditures 353,509 - 67,739 - Excess (Deficiency) of Revenues Over (Under) Expenditures 179,312 95,957 720 1,264 Other Financing Sources (Uses): Transfers in - - - - Transfers out (62,001) (92,550) - - Total Other Financing Sources (Uses) (62,001) (92,550) - - Net Change in Fund Balances 117,311 3,407 720 1,264 Fund Balances, Beginning of Year 897,537 463,507 164,867 (1,264) Fund Balances, End of Year $ 1,014,848 $ 466,914 $ 165,587 $ - I CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2013 Expenditures: Current: Public safety - - 6,295 Community development - - 119,731 - Parks and recreation - - - - Public works - - Capital outlay - - - Debt service: Principal retirement - - - - Interest and fiscal charges - - - Total Expenditures - - 119,731 6,295 Excess (Deficiency) of Revenues Over (Under) Expenditures 64,432 346,327 181,122 94,422 Other Financing Sources (Uses): Transfers in - - Transfers out (45,380) (356,551) (181,120) (82,463) Total Other Financing Sources (Uses) (45,380) (356,551) (181,120) (82,463) Net Change in Fund Balances 19,052 Special Revenue Funds 2 11,959 Fund Balances, Beginning of Year 50,030 Park and - 82,174 Fund Balances, End of Year $ 69,082 $ Facility 2 $ 94,133 Trails & Development Bikeways Fund Fund CDBG Fund COPS Fund Revenues: Taxes $ - $ - $ $ - Licenses and permits - 26,138 - - Intergovernmental 64,462 319,128 300,853 100,000 Charges for services - - - - Use of money and property (30) 1,061 - 717 Total Revenues 64,432 346,327 300,853 100,717 Expenditures: Current: Public safety - - 6,295 Community development - - 119,731 - Parks and recreation - - - - Public works - - Capital outlay - - - Debt service: Principal retirement - - - - Interest and fiscal charges - - - Total Expenditures - - 119,731 6,295 Excess (Deficiency) of Revenues Over (Under) Expenditures 64,432 346,327 181,122 94,422 Other Financing Sources (Uses): Transfers in - - Transfers out (45,380) (356,551) (181,120) (82,463) Total Other Financing Sources (Uses) (45,380) (356,551) (181,120) (82,463) Net Change in Fund Balances 19,052 (10,224) 2 11,959 Fund Balances, Beginning of Year 50,030 10,726 - 82,174 Fund Balances, End of Year $ 69,082 $ 502 $ 2 $ 94,133 CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL_ FUNDS YEAR ENDED JUNE 30, 2013 (CONTINUED) Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks and recreation Public works 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 Fund Balances, End of Year Special Revenue Funds Landscape Measure R Asset Seizure Maintenance Local Return Fund CLEEP Fund District Fund Fund $ - $ - $ 550,609 $ - 585,876 1,063 289 30 4,010 1,063 289 550,639 589,886 5,143 - - - 724,783 - 5,143 724,783 - 1,063 (4,854) (174,144) 589,886 - - 156,087 - (97,173) - - (147,666) (97,173) 156,087 (147,666) (96,110) (4,854) (18,057) 442,220 162,364 40,970 15,341 415,065 $ 66,254 $ 36,116 $ (2,716) $ 857,285 61 CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2013 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use of money and property Total Revenues Expenditures: Current: Public safety Community development Parks and recreation Public works 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 Fund Balances, End of Year 62 Special Revenue Funds Debt Service Funds Public Total EECBG Grant Financing Governmental Fund Authority Funds $ - $ - $ 550,609 - 26,138 - 5,358,877 - - 1,548,668 93 4 36,203 93 4 7,520,495 - 11,438 - - 540,979 - - 65,608 - - 2,890,725 - - 1,915 - 335,000 335,000 - 502,291 502,291 837,291 4,347,956 93 (837,287) 3,172,539 168 837,288 993,543 - - (3,669,503) 168 837,288 (2,675,960) 261 1 496,579 _(261) 2 4,911,484 $ - $ 3 $ 5,408,063 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE STATE GAS TAX FUND YEAR ENDED .LUNE 30, 2013 63 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 723,904 $ 723,904 $ 723,904 $ - Resources (Inflows): Intergovernmental 1,590,105 1,371,632 1,371,632 - Use of money and property 1,800 1,800 2,583 783 Amounts Available for Appropriation 2,315,809 2,097,336 2,098,119 783 Charges to Appropriation (Outflow); Transfers out 2,205,282 2,200,966 1,428,869 772,097 Total Charges to Appropriations 2,205,282 2,200,966 1,428,869 772,097 Budgetary Fund Balance, June 30 $ 110,527 $ (103,630) $ 669,250 $ 772,880 63 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PROPOSITION A TRANSIT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Charges for services Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): General government Parks, recreation and culture Highways and Streets Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with 64 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative)__ $ 231,031 $ 231,031 $ 231,031 $ - 845,398 845,398 942,893 97,495 1,200,000 1,200,000 1,039,633 (160,367) 1,000 1,000 3,953 2,953 2,277,429 2,277,429 2,217,510 (59,919) 200,000 200,000 - 200,000 74,100 74,100 65,608 8,492 1,678,983 1,678,983 1,487,488 191,495 30,000 - - - 1,983,083 1,953,083 1,553,096 399,987 $ 294,346 $ 324,346 $ 664,414 $ 340,068 64 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PROPOSITION C TRANSIT FUND YEAR ENDED JUNE 30, 2013 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 1,655,491 $ 1,655,491 $ 1,655,491 $ - Resources (Inflows): Intergovernmental 701,235 701,235 782,901 81,666 Use of money and property 8,000 8,000 11,297 3,297 Amounts Available for Appropriation 2,364,726 2,364,726 2,449,689 84,963 Charges to Appropriation (Outflow): Highways and Streets 703,609 743,384 678,454 64,930 Capital outlay - 2,362 1,915 447 Transfers out 1,039,000 1,330,498 463,294 867,204 Total Charges to Appropriations 1,742,609 2,076,244 1,143,663 932,581 Budgetary Fund Balance, June 30 $ 622,117 $ 2.88,482 $ 1,306,026 $ 1,017,544 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE TRANSPORTATION GRANT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, June 30 $ - $ - $ 363 $ 363 See Notes to Financial Statements 66 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1, as restated $ - $ - $ - $ - Resources (Inflows): Intergovernmental 2,242,000 2,242,000 712,436 (1,529,564) Use of money and property - - 363 363 Amounts Available for Appropriation 2,242,000 2,242,000 712,799 (1,529,201) Charges to Appropriation (Outflow): Transfers out 2,242,000 2,242,000 712,436 1,529,564 Total Charges to Appropriations 2,242,000 2,242,000 712,436 1,529,564 Budgetary Fund Balance, June 30 $ - $ - $ 363 $ 363 See Notes to Financial Statements 66 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE INTEGRATED WASTE MANAGEMENT FUND YEAR ENDED .TUNE 30, 2013 67 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 897,537 $ 897,537 $ 897,537 $ - Resources (Inflows): Intergovernmental 20,000 20,000 17,546 (2,454) Charges for services 500,000 500,000 509,035 9,035 Use of money and property 3,000 3,000 6,240 3,240 Amounts Available for Appropriation 1,420,537 1,420,537 1,430,358 9,821 Charges to Appropriation (Outflow): Community development 436,310 470,300 353,509 116,791 Transfers out 62,001 62,001 62,001 - Total Charges to Appropriations 498,311 532,301 415,510 116,791 Budgetary Fund Balance, June 30 $ 922,226 $ 888,236 $ 1,014,848 $ 126,612 67 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE TRAFFIC IMPROVEMENT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 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 Budget Amounts Original Final $ 463,507 $ 463,507 Variance with Final Budget Actual Positive Amounts (Negative) $ 463,507 $ - 92,550 92,550 - - 3,407 3,407 463,507 463,507 559,464 95,957 107,150 112,148 - 112,148 425,544 391,299 92,550 298,749 532,694 503,447 92,550 410,897 Budgetary Fund Balance, June 30 $ (69,187) $ {39,940) $ 466,914 $ 506,854 68 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE AIR QUALITY IMPROVEMENT FUND YEAR ENDED JUNE 30, 2013 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts ___-(Negative) Budgetary Fund Balance, July 1 $ 164,867 $ 164,867 $ 164,867 $ 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 71,400 71,400 67,336 (4,064) 600 600 1,123 523 236,867 236,867 233,326 (3,541) 69,350 87,203 67,739 19,464 69,350 87,203 67,739 19,464 $ 167,517 $ 149,664 $ 165,587 $ 15,923 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE TRAILS & BIKEWAYS FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 50,030 $ 50,030 $ 50,030 $ - 50,000 50,000 64,462 14,462 - - (30) (30) 100,030 100,030 114,462 14,432 50,000 50,000 45,380 4,62_0_ 50,000 50,000 45,380 4,620 Budgetary Fund Balance, June 30 $ 50,030 $ 50,030 $ 69,082 $ 19,052 70 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PARK AND FACILITY DEVELOPMENT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Licenses and permits Intergovernmental Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Transfers out Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with 71 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 10,726 $ 10,726 $ 10,726 $ - - - 26,138 26,138 207,465 207,465 319,128 111,663 - - 1,061 1,061 218,191 218,191 357,053 138,862 319,046 383,837 356,551 27,286 319,046 383,837 356,551 27,286 $ (100,855) $ (165,646) $ 502 $ 166,148 71 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG FUND) YEAR ENDED JUNE 30, 2013 72 Variance with Final Budget Budget Amounts Actual Positive OriginaE Final Amounts (Negative) Budgetary Fund Balance, July 1 $ - $ - $ - $ Resources (Inflows): Intergovernmental 539,966 539,966 300,853 (239,113) Amounts Available for Appropriation 539,966 539,966 300,853 239,113) Charges to Appropriation (Outflow): Community development 227,291 227,291 119,731 107,560 Transfers out 178,505 165,965 181,120 (15,155) Total Charges to Appropriations 405,796 393,256 300,851 92,405 Budgetary Fund Balance, June 30 $ 134,170 $ 146,710 $ 2 $ (146,708) 72 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUND YEAR ENDED JUNE 30, 2013 73 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 82,174 $ 82,174 $ 82,174 $ - Resources (Inflows): Intergovernmental 100,000 100,000 100,000 - Use of money and property 500 500 717 217 Amounts Available for Appropriation 182,674 182,674 182,891 217 Charges to Appropriation (Outflow): Public safety 5,000 10,000 6,295 3,705 Transfers out 110,164 110,164 82,463 27,701 Total Charges to Appropriations 115,164 120,164 88,758 31,406 Budgetary Fund Balance, June 30 $ 67,510 $ 62,510 $ 94,133 $ 31,623 73 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE ASSET SEIZURE FUND YEAR ENDED JUNE 30, 2013 Variance with 74 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 162,364 $ 162,364 $ 162,364 $ - Resources (Inflows): Use of money and property 500 500 1,063 563 Amounts Available for Appropriation 162,864 162,864 163,427 563 Charges to Appropriation (Outflow): Transfers out 119,418 119,418 97,173 22,245 Total Charges to Appropriations 119,418 119,418 97,173 22,245 Budgetary Fund Balance, June 30 $ 43,446 $ 43,446 $ 66,254 $ 22,808 74 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Use of money and property Amounts Available for Appropriation Charges to Appropriation (Outflow): Public safety Total Charges to Appropriations Budgetary f=und Balance, June 30 Variance with 75 Final Budget Budget Amounts_ Actual Positive Original Final Amounts (Negative) $ 40,970 $ 40,970 $ 40,970 $ _- 200 200 289 89 41,170 41,170 41,259 89 10,000 10,000 5,143 4,857 10,000 10,000 5,143 4,857 $ 31,170 $ 31,170 $ 36,116 $ 4,946 75 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE LANDSCAPE MAINTENANCE DISTRICT FUND YEARS -ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Taxes Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Highways and Streets Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with $ 15,341 $ (9,417) $ 2,716 $ 6,701 76 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ 15,341 $ 15,341 $ 15,341 $ - 552,492 552,492 550,609 (1,883) - - 30 30 132,287 153,373 156,087 2,714 700,120 721,206 722,067 861 684,779 730,623 724,783 5,840 684,779 730,623 724,783 5,840 $ 15,341 $ (9,417) $ 2,716 $ 6,701 76 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE MEASURE R LOCAL RETURN FUND YEAR ENDED JUNE 30, 2013 77 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 415,065 $ 415,065 $ 415,065 $ - Resources (Inflows): Intergovernmental 525,941 525,941 585,876 59,935 Use of money and property 1,500 1,500 4,010 2,510 Amounts Available for Appropriation 942,506 942,506 1,004,951 62,445 Charges to Appropriation (Outflow): Transfers out 877,665 849,092 147,666 701,426 Total Charges to Appropriations 877,665 849,092 147,666 701,426 Budgetary Fund Balance, June 30 $ 64,841 $ 93,414 $ 857,285 $ 763,871 77 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE EECBG GRANT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (inflows): Intergovernmental Use of money and property Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Capital outlay Total Charges to Appropriations Budgetary Fund Balance, June 30 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (261) $ (261) $ (261) $ - 260,979 260,979 - (260,979) - - 93 93 - - 168 168 260,718 260,718 - (260,71 260,979 260,979 - 260,979 260,979 260,979 - 260,979 $ (261) $ (261) $ - $ 261 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE CAPITAL IMPROVEMENT FUND YEAR ENDED JUNE 30, 2013 Budgetary Fund Balance, July 1 Resources (Inflows): Intergovernmental Transfers in Amounts Available for Appropriation Charges to Appropriation (Outflow): Capital outlay Total Charges to Appropriations Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) $ (332,407) $ (332,407) $ (332,407) $ 25,000 27,750 408,481 380,731 6,366,473 6,645,127 2,590,735 (4,054,392) 6,059,066 6,340,470 2,666,809 (3,673,661) 6,391,473 6,700,599 2,664,079 4,036,520 6,391,473 6,700,599 2,664,079 4,036,520 Budgetary Fund Balance, June 30 $ (332,407) $ (360,129) $ 2,730 $ 362,859 79 CITY OF DIAMOND BAR BUDGETARY COMPARISON SCHEDULE PUBLIC FINANCING AUTHORITY YEAR ENDED JUNE 30, 2013 Variance with 0 Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 $ 2 $ 2 $ 2 $ - Resources (inflows): Use of money and property - - 4 4 Transfers in 833,981 837,316 837,288 Amounts Available for Appropriation 833,983 837,318 837,294 (24) Charges to Appropriation (Outflow): Debt service: Principal retirement 335,000 335,000 335,000 - interest and fiscal charges 498,981 502,316 502,291 25 Total Charges to Appropriations . 833,981 837,316 837,291 25 Budgetary Fund Balance, June 30 $ 2 $ 2 $ 3 $ 1 0 CITY OF DIAMOND BAR COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS JUNE 30, 2013 Governmental Activities - Internal Service Funds Self Equipment Computer Building Insurance Replacement Equipment Facility & Fund Fund Replacemen Maintenance Totals Assets: Current: Cash and investments $ 1,238,71.8 $ 218,416 $ 130,948 $ 6,849 $ 1,594,931 Receivables: Accounts 13,483 - - 2,147 15,630 Prepaid costs 1,373 - - - 1,373 Total Current Assets 1,253,574 218,416 130,948 8,996 1,611,934 Noncurrent: Capital assets - net of accumulated depreciation - 27,816 322,326 - 350,142 Total Noncurrent Assets - 27,816 322,326 - 350,142 Total Assets y $ 1,253,574 $ 246,232 $ 453,274 $ 8,996 $ 1,962,076 Liabilities and Net Position: Liabilities: Current: Accounts payable $ - $ - $ 36,786 $ - $ 36,786 Total Current Liabilities _ - 36,786 - 36,786 Noncurrent: CJPIA Retrospective Deposit Payable 88,598 - - - 88,598 Total Noncurrent Liabilities 88,598 - - - 88,598 Total Liabilities 88,598 - 36,786 - 125,384 Net Position: Net investment in capital assets - 27,816 322,326 - 350,142 Unrestricted 1,164,976 218,416 94,162 8,996 1,486,550 Total Net Position i 1,164,976 246,232 416,488 8,996 1,836,692 Total Liabilities and Net Position I $ 1,253,574 $ 246,232 $ 453,274 $ 8,996 $ 1,962,076 81 CITY OF DIAMOND BAR COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION INTERNAL SERVICE FUNDS JUNE 30, 2013 Governmental Activities - Internal Service Funds Self Equipment Computer Building Insurance Replacement Equipment Facility & Fund Fund Replacemen Maintenance Totals Operating Revenues: Sales and service charges $ - $ - $ - $ 8,985 $ 8=985 Total Operating Revenues - - - 8,985 8,985 Operating Expenses: Insurance Premiums 498,857 - - - 498,857 Pumping - - 5,374 - 5,374 Depreciation expense - 6,153 20,301 - 26,454 Total Operating Expenses 498,857 6,153 25,675 - 530,685 Operating Income (Loss) (498,8Wj (6,153) (25,675) 8,985 (521,700) Nonoperating Revenues (Expenses): Interest revenue 5,950 1,576 417 11 7,954 Total Nonoperating Revenues (Expenses) 5,950 1,576 417 11 7,954 Income (Loss) Before Transfers (492,907) (4,577) (25,258) 8,996 (513,746) Transfers in 404,309 - 90,000 - 494,309 Changes in Net Position (88,598) (4,577) 64,742 8,996 (19,437) Net Position: Beginning of Year, as originally reported 1,253,574 237,862 448,580 - 1,940,016 Restatements - 12,947 (96,834) - (83,887) Beginning of Fiscal Year, as restated 1,253,574 250,809 351,746 - 1,856,129 End of Fiscal Year $ 1,164,976 $ 246,232 $ 416,488. $ 8,996 $ 1,836,692 82 CITY OF DIAMOND BAR COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS YEAR ENDED JUNE 30, 2013 Governmental Activities - Internal Service Funds Computer Building Self Equipment Equipment Facility & Insurance Replacement Replacement Maintenance Fund Fund Fund Fund Totals Cash Flows from Operating Activities: Insurance Premiums (paid)/refund received $ 93,092 $ - $ - $ - $ 93,092 Payments to suppliers (500,230) - (78,120) - (578,350) Interfund allocation received - - - 6,838 6,838 Net Cash Provided (Used) by Operating Activities (407,138) - (78,120) 6,838 (478,420) Cash Flows from Non -Capital Financing Activities: Cash transfers in 404,309 - 90,000 - 494,309 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 accounts receivable (Increase) decrease in prepaid expense Increase (decrease) in accounts payable Increase (decrease) in retrospective deposit payable Total Adjustments Net Cash Provided (Used) by Operating Activities Increase in Fair Value of Investments Gain/(Loss) on Investments 404,309 - 90,000 - (64,063) 494,309 (64, 063) (64,063) - (64,063) 5,950 1,576 417 11 7,954 5,950 1,576 417 11 7,954 3,121 1,576 (51,766) 6,849 (40,220) 1,235,597 216,840 182,714 - 1,635,151 88,598 - - - 88,598 $ 1,238,718 $ 218,416 $ 130,948 $ 6,849 $ 1,594,931 $ (498,857) $ (6,153) $ (25,675) $ 8,985 $ (521,700) - 6,153 20,301 - 26,454 4,494 - - (2,147) 2,347 (1,373) - - - (1,373) - - (72,746) - (72,746) 88,598 - - - 88,598 91,719 6,153 (52,445) (2,147) 43,280 $ (407,138) $ - $ (78,120) $ 6,838 $ (478,420) 83 THIS PAGE INTENTIONALLY LEFT BLANK 84 DESCRIPTION OF STATISTICAL SECTION CONTENTS June 30, 2013 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 seddles 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 - g 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. 12-13 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. 14-16 85 City of Diamond Bar Net Position by Component Last Ten Fiscal Years (accrual basis of accounting) Total governmental activities net position $ 42,318,401 $ 45,887,235 $ 48,919,090 $ 414,071,398 $ 411,296,785 Source: City Finance Department Fiscal Year Ended June 30, 2004 2005 2006 2007 2008 Governmental activities: Net investment in capital assets $ 10,844,807 $10,692,694 $14,593,935 $ 375,216,400 $ 370,949,296 Restricted for: Capital projects 241,767 3,775,552 3,323,474 3,446,872 2,912,276 Community development 1,398,057 1,296,806 1,013,495 889,176 Public safety Public works Debt service 245,763 243,697 321,747 309,533 Unrestricted 31,231,827 29,775,169 29,461,178 34,072,884 36,236,504 Total governmental activities net position $ 42,318,401 $ 45,887,235 $ 48,919,090 $ 414,071,398 $ 411,296,785 Source: City Finance Department Schedule 1 2009 2010 2011 2012 2013 $ 367,529,907 $ 377,940,738 $ 381,985,940 $ 382,660,310 $ 378,511,311 3,526,991 2,260,872 146,567 163,603 165,587 568,280 725,667 1,644,861 958,293 1,084,434 541,482 559,920 453,730 285,508 196,503 3,636,487 3,504,339 3,964,252 305,915 319,815 333,694 2 3 34,554,084 34,215,610 22,582,318 18,288,491 18,508,423 $ 407,026,659 $ 416,022,622 $ 410,783,597 $ 405,860,546 $ 402,430,513 87 City of Diamond Bar Changes in Net Position Last Ten Fiscal Years (accrual basis of accounting) General revenues: Fiscal Year Ended .lune 30, 2004 2005 2006 2007 2008 Expenses: Property taxes 2,717,949 3,191,006 3,555,244 Governmental activities: 3,927,073 Transient occupancy taxes 628,564 717,879. 718,889 General government $ 3,713,530 $ 3,997,319 $ 4,203,123 $ 4,784,31.4 $ 4,473,666 Public safety 4,875,823 4,969,183 5,418,005 4,876,435 4,944,729 Highways and streets 1,365,737 4,622,014 5,240,568 14,019,550 12,034,669 Community development 5,724,606 1,050,025 2,759,718 2,292,757 2,251,196 Parks, recreation and culture 2,580,454 3,814,887 3,737,071 4,779,588 5,188,977 Interest on long-term debt 171,223 270,735 423,320 498,042 392,548 Total general revenues 18,431,373 18,724,163 21,781,805 31,250,686 29,285,785 Program revenues: Total general revenues 10,942,862 14,366,975 14,713,077 Governmental activities: 16,126,286 Change in net position (124,426) 3,813,399 3,031,855 Charges for services (2,774,613) Net position at beginning of year 40,431,580 42,318,401 45,887,235 General Government 225,656 486,925 707,272 262,541 225,553 Public safety 733,902 1,159,264 1,277,170 1,512,195 1,176, 931 Highways and streets 529,330 1,328,637 1,555,993 3,493,798 2,851,187 Community development 933,985 7,888 16,841 21,297 23,351 Parks, recreation and culture 610,772 1,147,088 1,260,849 1,385,788 1,581,597 Operating grants and contributions 4,068,446 4,040,785 5,281,308 6,968,824 4,307,074 Capital grants and contributions 261,994 1,150 1,254,314 219,193 Total governmental activities program revenues 7,364,085 8,170,587 10,100,583 14,898,757 10,384,886 General revenues: Taxes Property taxes 2,717,949 3,191,006 3,555,244 3,754,955 3,927,073 Transient occupancy taxes 628,564 717,879. 718,889 774,757 800,390 Sales taxes 3,167,901 3,508,341 3,949,349 3,943,345 4,102,177 Franchise taxes 912,531 941,319 996,567 1,064,621 1,024,710 Othertaxes 367,464 413,247 416,423 331,096 283,433 Unrestricted Motor vehicle in lieu 2,716,134 . 4,386,800 3,663,061 4,356,641 4,563,127 Use of money and property 182,069 532,091 1,051,922 1,476,010 1,420,988 Other revenues 250,250 676,292 361,622 41,362 4,388 Loss on disposal of capital asset Total general revenues 10,942,862 14,366,975 14,713,077 15,742,787 16,126,286 Change in net position (124,426) 3,813,399 3,031,855 (609,142) (2,774,613) Net position at beginning of year 40,431,580 42,318,401 45,887,235 414,680,540 414,071,398 Restatement of net position Net position at end of year $ 40,307,154 $46,131,800 $48,919,090 $ 414,071,398 $ 411,296,785 Source: City Finance Department I.E. Schedule 2 2009 2010 2011 2012 2013 $ 5,159,300 $ 4,973,685 $ 6,370,986 $ 6,384,072 $ 6,942,983 5,396,083 5,526,099 5,591,049 6,104,982 5,831,227 13, 931, 211 12, 287, 325 10, 619, 860 11,248,137 10,197,098 1,959,303 1,624,547 1,969,540 2,126,906 1,980,646 4,950,687 5,091,215 5,153,264 5,559,427 5,591,917 177,633 57,948 72,592 848,976 487,369 31,574,217 29,560,819 29,777,291 32,272,500 31,031,240 132,262 131,633 118,016 247,248 160,379 1,017,336 1,014,237 996,409 1,050,851 1,167,012 1,732,985 2,070,167 2,400,272 2,555,900 2,604,053 17,602 21,106 517,515 447,951 532,742 1,705,282 1,754,789 1,829, 409 1,753, 585 1,689,497 5,588,818 4,358,895 3,685,378 4,992,856 4,024,537 2,272,580 15,960,279 40,779 1,242,636 690,732 12,466,865 25,311,106 9,587,778 12,291,027 10,868,952 4,001,276 3,837,288 4,187,896 3,951,722 4,080,273 633,075 569,916 642,509 692,162 782,952 3,085,223 3,122,229 3,355,127 3,397,259 3,546,239 1,093, 039 1,115, 980 1,259, 471 1,415, 924 1,465,666 199,365 259,384 172,687 202,951 333,250 4,687,515 4,599,922 4,766,225 4,646,985 4,659,994 833,270 618,963 474,598 .145,408 6,307 304,463 7,090 91,975 46,342 533,475 (21,057) 14, 837,226 14,130,772 14, 950,488 14,498, 753 15,387, 099 (4,270,126) 9,881,059 (5,239,025) (5,482,720) (4,775,189) 411,296,785 407,026,659 416,022,622 410,783,597 405,860,546 (885, 096) 559,669 1,345,156 $ 407,026,659 $ 416,022,622 $ 410,783,597 $ 405,860,546 $ 402,430,513 :• THIS PAGE INTENTIONALLY LEFT BLANK .8 General fund: Reserved Unreserved Total general fund All other governmental funds: Reserved Unreserved, reported in: Special revenue funds Debt Service Fund Capital projects funds Schedule 3 City of Diamond Bar Fund Balances of Governmental Funds Last Ten Fiscal Years (modified accrual basis of accounting) Fiscal Year Ended June 30 2004 2005 2006 2007 2008 2009 2010 $ 866,843 $ 1,125,918 $ 1,310,172 $ 1,893,287 $ 1,864,387 $ 1,612,181 $ 1,955,477 21,796,659 24,809,721 25,103,444 28,568,263 31,065,127 34,1741,357 28,841,621 16,726,964 12,616,200 13,010,385 Total general fund 22,663,502 25,935,639 26,413,616 30,461,550 32,929,514 31,653,538 30,797,098 105,861 5,555,988 2,274,829 3,311,451 5,810,250 2,754,526 1,735,077 6,043,352 6,111,202 5,485,933 5,736,366 4,955,552 5,423,979 5,218,642 505,915 274,426 241,767 (5,443,309) (2,612,373) (4,681,728) (5,703,854) (2,701,642) (2,020,782) Total all other governmental funds 6,896,895 6,498,307 5,148,389 4,366,089 5,061,948 5,476,863 4,932,937 Total fund balances $ 29,560,397 $ 32,433,946 $ 31,562,005 $ 34,827,639 $ 37,991,462 $ 37,130,401 $ 35,730,035 2011 2012 2013 General fund: lvonspendable: Prepaid costs $ 41,451 $ 28,114 $ 26,331 Committed to: Emergency contingencies 4,500,000 4,500,000 4,500,000 Unassigned 16,726,964 12,616,200 13,010,385 Total general fund 21,268,415 17,144,314 17,536,716 All other governmental funds: Nonspendable: Prepaid costs 750 Restricted for: Comm development projects 1,644,861 958,293 1,084,434 Public safety 453,730 285,508 196,503 Highways and streets 3,271,595 3,170,407 3,964,252 Cap'stal Projects 146,567 164,867 165,587 Debt service 333,694 2 3 Assigned to: Capital Projects 2,730 Unassigned (3,466) Total all other governmental funds 5,850,447 4,579,077 5,410,793 Total fund balances $ 27,118,862 $ 21,723,391 $ 22,947,509 [vote: The City implemented GASB 54, titled "Fund Balance Reporting and Governmental Fund Type Definitions" as of the fiscal year ended June 30, 2011. Source: City Finance Department 91 City of Statistical Changes in Fund Balances, Governmental Funds Last Ten Fiscal Years (modified accrual basis of accounting) Expenditures: Fiscal Year Ended ,lune 30, 2004 2005 2006 2007 2008 Revenues: General government 3,663,055 3,787,005 3,551,659 Taxes $ 7,759,331 $ 8,632,837 $ 9,508,757 $ 9,876,760 $ 10,165,881 Special assessments 555,232 593,778 504,908 541,382 543,561 Intergovernmental 6,353,152 8,306,557 8,821,141 11,169,052 9,896,948 Charges for services 709,011 761,040 870,314 1,002,210 1,111,655 Fines and forfeitures 733,903 713,201 589,922 546,902 637,484 Licenses and permits 1,457,345 1,732,555 2,389,149 4,247,626 3,121,476 Investment income 395,929 654,066 1,250,570 1,716,194 1,629,257 Other 234,951 480,740 792,216 767,457 826,177 Total revenues 18,198,854 21,874,774 24,726,977 29,867,583 27,932,439 Expenditures: Current: General government 3,663,055 3,787,005 3,551,659 4,402,235 3,987,656 Public safety 4,857,179 4,954,630 5,404,259 4,880,290 4,933,958 Highway and streets 1,365,737 4,301,146 4,769,497 5,114,274 4,926,418 Parks, recreation and culture 2,114,090 2,750,815 2,613,834 3,475,549 3,714,762 Community development 3,419,856 1,050,025 2,748,539 2,292,757 2,246,496 Capital outlay 9,261,289 1,682,830 5,320,597 5,344,935 4,271,890 Debt service: Principal retirement (183,753) (237,287) 235,000 240,000 255,000 Interest and fiscal charges 145,580 237,487 404,075 493,840 411,583 Total expenditures 24,826,786 18,763,938 25,047,460 26,243,880 24,747,763 Excess (deficiency) of revenues over (under) expenditures (6,627,932) 3,110,836 (320,483) 3,623,703 3,184,676 Other financing sources (uses): Bond issued or refinancing Bonds discount or premium Transfers in 9,906,970 2,363,367 6,469,523 6,030,764 7,266,149 Transfers out (10,090,723) (2,600,654) (6,733,961) (6,354,106) (7,608,749 Total other financing sources (uses) (183,753) (237,287) (264,438) (323,342) (342,600 Net changes in fund balances (6,811,685) 2,873,549 (584,921) 3,300,361 2,842,076 Debt service as a percentage of noncapital expenditures 0.82% 1.38% 3.18% 2.91% 2.89% Source: City Finance Department WE Schedule 4 2009 2010 2011 2012 2013 $ 9,119,375 $ 8,591,893 $ 9,646,883 $ 9,664,801 $ 10,200,419 550,822 556,989 556,562 547,209 550,609 12,081,466 11,478,456 9,441,959 11,053,326 10,427,352 1,460,828 3,191,416 3,390,367 3,190,675 3,238,165 601,533 607,936 567,575 509,166 522,142 1,445,324 640,287 818,913 1,127,569 1,238,626 938,053 648,503 499,377 183,507 30,116 1,018,956 30,766 113,578 54,634 551,710 27,216,357 25,746,246 25,035,214 26,330,887 26,759,139 5,071,860 4,435,858 4,977,021 5,485,001 4,214,834 5,407,476 5,524,279 5,580,507 5,731,595 5,678,614 5,607,870 5,183,964 5,002,456 6,609,087 5,263,046 3,673,282 3,655,029 3,712,194 4,090,551 4,050,161 1,945,951 1,604,220 1,960,125 2,114,433 2,010,040 5,508,167 5,161,924 11,480,595 6,702,615 3,031,168 265,000 280,000 290,000 12,510,000 335,000 187,212 33,904 37,461 406,626 502,291 27,666,818 25,879,178 33,040,359 43,649,908 25,085,154 (450,461) (132,932) (8,005,145) (17,319,021) 1,673,985 11,790,000 - 252,381 - 6,629,225 4,379,718 2,929,528 6,085,337 5,195,892 (7,039,825) (4,795,374) (3,535,556) (6,494,449) (5,690,201) 410,600) (415,656) (606,028) 11,633,269 (494,309) (861,061) (548,588) (8,611,173) (5,685,752) 1,179,676 1.77% 1.35% 1.45% 35.00% 3.49% 93 THIS PAGE INTENTIONALLY LEFT BLANK 94 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 2003104 - 2012113 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 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% 2011-12 7,347,032,537 7.7,283,606 0 74,296,191 7,350,019,952 0.05268 2.17% 2012-13 7,471,528,800 76,724,231 0 78,856,697 7,469,396,334 0.05267 1.62% 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 Agency Basic Levy` County Detention Facilities 1987 Debt LA County Flood Control Metropolitan Water District Mt. San Antonio College Pomona Unified School Dist Rowland Heights Unified Walnut Valley Unified School Dist Total Direct & Overlapping Tax Rates City's Share of 1% Levy Per Prop 13* General Obligation Debt Rate Redevelopment Elate* Total Direct Rate* City of Diamond Bar Direct and Overlapping Property Tax Rates (Rate per $100 of Assessed Value) 2003104 2004105 2005106 2006107 2007108 1.00000 1.00000 1.00000 1.00000 1.00000 0.00099 0.00092 0.00080 0.00066 0.00000 0.00046. 0.00026 0.00005 0.00005 0.00000 0.00610 0.00580 0.00520 0.00470 0.00450 0.01525 0.01473 0.02122 0.02530 0.01750 0.12633 0.12910 0.12488 0.12401 0.11379 0.03780 0.03885 0.03633 0.07429 0.06944 0.09660 0.09515 0.09140 0.08749 0.08462 1.2835 1.2848 1.2799 1.3165 1.2899 0.05192 0.05192 0.05192 0.05192 0.05192 0.05134 0.05313 0.05288 0.05280 0.05485 * 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 incremental property values. Total Direct Rate is the weighted average of all individual direct rates applied by the government preparing the statistical section information. Source: Hdl Coren & Cone Schedule 6 2008109 2009/10 2010111 2011112 2012113 1.00000 1.00000 1.00000 1.00000 1.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00430 0.00430 0.00370 0.00370 0.00350 0.02333 0.02571 0.02636 0.02642 0.02896 0.11577 0.14546 0.17721 0.17364 0.18488 0.07029 0.06769 0.07538 0.09195 0.10053 0.11297 0.11674 0.11839 0.11735 0.12554 1.3267 1.3599 1.4010 1.4131 1.4434 0.05192 0.05192 0.05192 0.05192 0.05192 0.05270 0.05274 0.05270 0.05268 0.05267 Current Taxpayers Diamond Bar Gateway Corp Inc VIF II Hampton at Diamond Bar LLC Roic California LLC Target Corporation Pacifica Trenton Holdings -2 LLC Muller Rock 2 Gateway Hua Qing Enterprice LLC Margaret M. Tam Trust ETAL Emerald Pointe Apartments LLC Roic DBTC LLC Top Ten Total City Total Taxpayers Nine Years Ago Opus Rea[ Estate California IV LP Gem Gateway Limited 1022 South Grand Avenue Apartments Country Hills DB LLC Bridge Gate Partners LP IRP Muller Associates LLC Danari Diamond Bar LLC ETAL Margaret M. Tam Trust Emerald Pointe Apartments LLC Shea Properties LLC Top Ten Total City Total Source: Hdl Coren & Cone, City of Diamond Bar Top 10 Property Taxpayers Current Year and Nine Years Ago 2012-13 Assessed Valuation $ 40,000,000 38, 877, 824 30,937,432 26,794,346 25,800,000 25,623,828 22,022,250 17,668,775 17,164, 322 16,724,989 $ 261,613,766 $ 7,469,396,334 2003-04 Assessed Valuation $ 28,335,498 24,977,750 22,628,277 21,118,272 18,465,893 17,102, 423 15,913,505 15,325,465 14,894,980 14,735,174 Schedule 7 Percentage of Total Net Assessed Valuation 0.54% 0.52% 0.41 % 0.36% 0.35% 0.34% 0.29% 0.24% 0,23% 0.22% 3.50% Percentage of Total Net Assessed Valuation 0.56% 0.49% 0.45% 0.42% 0.36% 0,34% 0.31% 0.30% 0.29% 0.29% $ 193,497,237 3.81% $ 5,080,985,735 W Schedule 8 Source: Los Angeles County Auditor/Controller. City Finance Department 0 City of Diamond 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 Year Amount % to Levy Years % to Levy 2004 $ 2,653,970 $ 2,538,085 95.63% $ 115,884 4.37% 2005 2,844,211 2,713,312 95.40% 130,899 4.60% 2006 3,068,292 2,761,804 90.01% 306,489 9.99% 2007 3,351,647 3,090,289 92.20% 261,359 7.80% 2008 3,598,889 3,276,908 91.05% 321,981 8.95% 2009 3,760,371 3,436,585 91.39% 323,786 8.61% 2010 3,704,133 3,412,996 92.14% 291,137 7.86% 2011 3,750,806 3,505,792 93.47% 245,015 6.53% 2012 3,844,101 3,506,696 91.22% 337,405 8.78% 2013 3,908,533 3,778,461 96.67% 130,072 3.33% Source: Los Angeles County Auditor/Controller. City Finance Department 0 Schedule 9 City of Diamond 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 statements. (b) Details regarding the City's population and personal income can be found in the Demographic and Economic Statistics Table. Source: City Finance Department 100 Governmental Activities Fiscal Year Lease Other Total Total % of Debt Ended Revenue Bond & Governmental Primary Personal Per June 30 Bonds (a) Loans Activities Government Income (b) Capita (b) 2004 $ 13,755,000 0 $ 13,755,000 $ 13,755,000 0.84% 232 2005 13,655,000 0 13,655,000 13,655,000 0.79% 229 2006 13,520,000 0 13,520,000 13,520,000 0.74% 227 2007 13,280,000 0 13,280,000 13,280,000 0.70% 223 2008 13,025,000 0 13,025,000 13,025,000 0.68% 217 2009 12,760,000 0 12,760,000 12,760,000 0.68% 212 2010 12,480,000 0 12,480,000 12,480,000 0.64% 225 2011 12,190,000 0 12,190,000 12,190,000 0.66% 218 2012 11,713,853 0 11,713,853 11,713,853 0.63% 210 2013 11,364,727 0 11,364,727 11,364,727 0.57% 203 Note: (a) Details regarding the City's outstanding lease revenue bonds can be found in the notes to the financial statements. (b) Details regarding the City's population and personal income can be found in the Demographic and Economic Statistics Table. Source: City Finance Department 100 City of Diamond Bar Direct and Overlapping Debt June 30, 2013 (unaudited) Gross Bonded Debt Balance Direct Debt as of June 30, 2013 Diamond Bar Lease Revenue Bond $ 11,364,727 Overlapping Debts as of June 30, 2013 (2) 674,409 330.10 Metropolitan Water District 79,696,126 809.51 Mt San Antomio CCD 2001 Series 2004B 4,225,000 809.52 Mt San Antomio CCD 2005 & 2012 Refunding Bond 41,010,843 809.53 Mt San Antomio CCD 2001 Series C 2006 78,755,000 809.54 Mt San CD DS 2001, 2008 Series D 23,086,083 915.62 Pomona Unified School District 2000 Ser A 16,030,000 915.64 Pomona Unified SD Refunding 2001 Ser A 16,095,000 915.68 Pomona Unified School District 2002 Ser D 12,135,000 915.69 Pomona Unified School District 2002 Ser E 11,530,000 915.70 Pomona Unified School DS 2007 & 2012 Ref Bds 8,246,872 915.71 Pomona Unified School District 2008 Series A 33,055,000 915.72 Pomona USD DS 2008 Series B 3,890,000 915.73 Pomona USD 2008 Series C 57,400,000 915.74 Pomona USD DS 2012 Refunding Bond Series A 24,655,000 915.75 Pomona USD DS 2012 Refunding Bond Series B 29,595,000 915.76 Pomona USD DS 2008 Series D QSCBS 20,970,000 980.55 Walnut Valley Unified SD Refund Series 1997 A 10,330,000 980.59 Walnut Valley Unified SD 2000 Series D 12,570,543 980.60 Walnut Valley Unified USD DS 2000 Series E 6,001,837 980.61 Walnut Valley Unified SD 2005 Ref Bond 12,925,000 980.62 Walnut Valley Unified SD 2007 Series A (Measure S) 27,735,000 980.63 Walnut Valley Unified SD 2007 Series A (Measure Y) 6,575,887 980.64 Walnut Valley Unified SD 2011 Refunding 20,720,000 980.65 Walnut Valley USD 2007 Series B (Measure S) 19,996,838 980.66 Walnut Valley USD 2007 Series B (Measure Y) 7,990,547 Total Overlapping Debts: 585,220,576 Grand Total Direct and Overlapping Debt: $ 596,585,303 Debt to Assessed Valuation Ratios as of June 30, 2013: 2012113 Net Assessed Valuation: $ 7,469,396,334 Direct Debt 2012 Total City Population: 56,099 Overlapping Debt Total Debt % Applicable To City (1) Schedule 10 Net Bonded Debt 100.000 $ 11,364,727 0.846 674,409 10.894 460,292 10.857 4,452,522 10.894 8,579,961 10.894 2,515,113 20.295 3,253,260 20.295 3,266,451 20.295 2,462,776 20.295 2,339,993 20.295 1,673,688 20.295 6,708,453 20.295 789,469 20.295 11,649,227 20.295 5,003,688 20.295 6,006,252 20.295 4,255,824 59.310 6,126,711 59.310 7,455,574 59.310 3,559,682 59.310 7,665,802 59.310 16,449,595 59.310 3,900,151 59.310 12,289,007 59.310 11,860,100 59.310 4,739,184 138,137,184 $ 149,501,911 0.15% $203 1.85% $2,462 2.00% $2,665 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: Hdl Coren & Cone U.S. Census Bureau City Finance Department 101 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 Schedule 11 City of Diamond liar Computation of Legal Debt Margin Last Ten Fiscal Years (unaudited) 2004 2005 2046 2007 2008 $ 5,080,985,735 $ 5,446,817,363 $ 5,874,950,276 $ 6,421,927,342 $ 6,894,023,460 47,621,182 39,831,091 51,408,286 28,682,577 39,859,238 5,128,606,917 5,486,648,454 5,926,358,562 6,450,609,919 6,933,882,698 25% 25% 25% 25% 25% 1,282,151,729 1,371,662,114 1,481, 589, 641 1,612,652,480 1,733,470,675 15% 15% 15% 15% 15% 192,322,759 205,749,317 222,238,446 241,897,872 260,020,601 13,755,000 13,755,000 13, 520, 000 13,280, 000 13,025, 000 $ 178,567,759 $ 191,994,317 $ 208,718,446 $ 228,617,872 $ 246,995,601 2009 2010 2011 2012 2013 $ 7,201,620,222 $ 7,095,299,195 $ 7,193,712,566 $ 7,350,019,952 $ 7,469,396,334 48,909,164 66,422,679 70,706,628 74,296,191 78,856,697 7,250,529,386 7,161,721,874 7,264,419,194 7,424,316,143 7,548,253,031 25% 25% 25% 25% 25% 1,812,632,347 1,790,430,469 1,816,104,799 1,856, 079,036 1,887, 063,258 15% 15% 15% 15% 15% 271,894,852 268,564,570 272,415,720 278,411,855 283,059,489 12,760,000 12,480,000 12,190,000 11,470,000 11,135,000 $ 259,134,852 $ 256,084,570 $ 260,225,720 $ 266,941,855 $ 271,924,489 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 govern- ment located within the state. Source: Section 43605 of the California Government Code Hdl Caren & Cone City Finance Department 102 City of Diamond Bar Demographic and Economic Statistics General Information Date of Incorporation April 18, 1989 Form of Government Council -Manager Area 14.76 Square Miles Miles of Streets 128 Public Safety Full Value Sales Police Protection Los Angeles County Sheriff Department Fire Protection Los Angeles County Fire Department Water Services Income Service Provider Walnut Valley Water District Education Population School District Pomona Unified School District Schools 1 High School, 1 Middle School, & 4 Elementary Schools School District Walnut Valley Unified School District Schools 1 High School, 2 Middle Schools, & 4 Elementary Schools Demowaphic and Statistical Information (Last Ton Calendar Years Sinale Familv Residential Full Value Sales (0110112011-0713112013 Year Full Value Sales Personal Per Capita 581 Calendar 2012 Income Personal Unemployment Year Population (In Thousands) Income Rate 2003 58,843 1,555,942 26,442 4.90% 2004 59,304 1,642,869 27,702 4.60% 2005 59,528 1,721,421 28,918 3.80% 2006 59,497 1,827,966 30,724 3.40% 2007 59,629 1,903,585 31,924 3.60% 2008 59,920 1,929,498 32,201 5.30% 2009 60,184 1,885,698 31,332 8.30%a 2010 55,766 1,960,418 35,154 9.10% 2011 55,819 1,846,158 33,074 8.80% 2012 56,099 1,991,290 35,496 6.60% Sinale Familv Residential Full Value Sales (0110112011-0713112013 Year Full Value Sales Average Price 2011 581 $ 488,082 2012 771 $ 488,479 2013 494 $ 571,660 Sources: ` U.S. Census Bureau HdL Cornen & Cone City Finance Department 103 Schedule 12 Pop 25+ Pop 25+ Median High School Bachelor Age Degree Degree 39.2 93.1% 46.7% 39.8 92.0% 47.6% 40.5 92.5% 47.8% 40.6 92.6% 48.8% Median Price $ 410,000 $ 420,000 $ 482,500 Median % Change 2.44% 14.88% Schedule 13 City of Diamond Bar Principal Employers (unaudited) Current Fiscal Year and Nine Fiscal Years Ago 104 2013 Number of Percent of Company Name Employees Rank Employment South Coast Air Quality Management 786 1 2,66% Walnut Valley Unified School District 520 2 1.76% Video Transcription Services 500 3 1.69% Travelers 401 4 1.35% Magan Medical Inc 300 5 1.01% Pomona Unified School District 210 6 0.71% Carrescia James -First Team Sns 200 7 0.68% Diamond Bar High School 200 8 0.68% Rapid Rack Industries Inc 151 9 0.51% First Team Real Estate 150 10 0.51% Total 3,418 11.17% 2004 Number of % of City Company Name Employees Rank Employment South Coast Air Quality Management 725 1 nla Avnet 600 2 nla Acosta Sales & Marketing Group 450 3 nla Allstate Insurance Co 200 4 nla Diamond Bar High School 200 5 nla Century 21 Diamond Realty 150 6 nla Starside Security & Investigation 120 7 nla Southwest Patrol 120 8 nla Biosense Webster Inc 100 9 nla First Mortgage Corp 100 10 nla Total 2,765 nla Note: Total city employment 30,600 in 2013, provided by California Labor Market. Data Source: Info USA HdL, 104 Function General government Community development Community services Public works Total Function Schedule 14 City of Diamond Bar Pull -time and Part-time City Government Employees by FunctioniProgram Fiscal Year Ended June 30, 2009 2010 2011 2012 2013 25 21 24 23 24 7 8 8 8 8 71 75 75 75 87 10 9 9 9 8 113 113 116 115 127 Fiscal Year Ended June 30. General government 25 Community development 5 Community services 45 Public works 6 Total 81 25 22 21 24 7 8 8 6 74 77 74 69 7 7 8 10 113 114 111 109 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. A full-time employee is scheduled to work 2,080 hours per year (including vacation and sick leave). Source: City Finance Department 105 Schedule 15 (a) Unavailable Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Dept 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. 106 City of Diamond Bar Operating Indicators by Function Last Ten Fiscal Years Fiscal Year Ended June 30, Function 2009 2010 2011 2012 2013 Police:(in fiscal year) (1) Physical arrests 591 700 647 737 630 Street Sweeping Parking Citation 5,103 5,110 4,137 3,766 3,776 Fire: (in fiscal year) (2) Number of emergency calls 2,561 2,654 2,594 2,516 2,604 Inspections 1,100 979 1,202 1,287 1,477 Public works: (in fiscal year) (3) Street resurfacing (miles) 13.8 23.3 12.0 9.2 8.3 Parks and recreation:(in fiscal year)(4) Number of recreation classes(5) 1,315 2,456 2,115 2,096 2,082 Number of facility rentals 4,299 4,111 4,147 4,270 4,332 Fiscal Year Ended June 30, Function 2004 2005 2006 2007 2008 Police: (1) Physical arrests 481 520 558 582 543 Street Sweeping Parking Citation 6,710 6,250 5,790 5,684 5,200 Fire: (2) Number of emergency calls 2,755 2,615 2,592 2,612 2,595 Inspections 1,206 1,159 837 1,114 1,085 Public works: (3) Street resurfacing (miles) 5.0 18.6 16.8 19.6 18.5 Parks and recreation:(4) , Number of recreation classes 1,022 1,102 1,376 1,558 1,569 Number of facility rentals 1,736 4,123 4,305 4,555 4,103 (a) Unavailable Sources: (1) Police Walnut/Diamond Bar Station (2) LA County Fire Dept 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. 106 (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/Ciamond Bar Station (2) LA County Fire Department, Division Vill 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. 07 Schedule 16 City of Diamond Bar Capital Asset Statistics by Function Last Ten Fiscal Years Fiscal Year Ended June 30, Function 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Public safety (1) Police: Station 1 1 1 1 1 1 1 1 1 1 Patrol units (all shifts combined) 20 20 19 19 18 18 16 18 18 18 Fire stations (2) 3 3 3 3 3 3 3 3 3 3 Highways and streets (3) Streets (miles) 128 128 128 128 128 128 129.4 129.4 129.4 129.4 Streetlights (a) (a) (a) 233 233 233 294 294 294 294 Traffic signals (a) (a) (a) 74 74 74 76 76 76 76 Culture and recreatlon:(4) Parks acreage (developed) 62,7 62.7 62.7 62.7 62.7 62.7 62.7 63.6 67.9 67.9 Parks acreage (undeveloped) 439.0 439.0 439,0 439.0 439.0 439.4 439.4 440.3 440.3 440.3 Parks 11 11 11 11 11 12 12 13 14 14 Public Tennis courts 8 8 8 8 8 8 8 8 B 8 Community centers 3 3 3 3 3 3 3 3 3 3 Golf Ccurse:(5) County golf courses 1 1 1 1 1 1 1 1 1 1 Sewer (3) Sanitary sewers (miles) (a) (a) (a) 157 157 157 158.4 158.4 158.4 161.21 (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/Ciamond Bar Station (2) LA County Fire Department, Division Vill 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. 07 THIS PAGE INTENTIONALLY LEFT BLANK 108 CITY COUNCIL 6.7 Meeting Date: January 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maa r TITLE: AWARD OF A CONTRACT TOT IOMAS G. MATLOCK & ASSOCIATES TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR A GENERATOR ENCLOSURE STRUCTURE AT CITY HALL IN THE AMOUNT OF $24,800 PLUS A CONTINGENCY OF $2,480 FOR A TOTAL CONTRACT AMOUNT OF $27,280 RECOMMENDATION: Award contract. FISCAL IMPACT: This item is included in the Fiscal Year 2013-14 adopted budget and requires no additional appropriation. BACKGROUND 1 DISCUSSION: Upon constructing the City Hall/Library facility, the City purchased a portable generator to fully power the facility and ensure continuity of government service in the event of an emergency or power outage. Current process requires the generator to be towed and manually connected to the building prior to starting contingency power. In an effort to eliminate this power gap and create a seamless transition to generator power when Edison service is unavailable, staff is proposing to construct a secure shelter on the periphery of the parking lot area that provides for a semi-permanent automated connection between the building and generator while also retaining portability options. The first step in this process is to develop a design that is functional and fits the aesthetics of the City Hall and Library. Staff sought bids from three qualified architectural services firms, with the following results: ICG - $20,320 Thomas G. Matlock & Associates (Matlock) - $24,800 David Volz Design - $27,975 Following a detailed review of the submittals, Community Services staff found Matlock's understanding of the proposed project, history of performance and in-house electrical engineering expertise to separate its proposal from the others. Therefore, it is recommended that the City Council award the contract to Thomas G. Matlock & Associates (Matlock). Prepared by: �,k Ryan M 0 an, Assistant to the City Manager _Attachments:Thomas G. Matlock & Associates Bid-_Pr-opos-al------------------------------------------------------------------------------------------------------------------------------ Professional Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of January 21, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Thomas G. Matlock Associates, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated December 10, 2013. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect January 21, 2014, and shall continue until a notice of completion is filed unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twenty-seven thousand two hundred eighty dollars ($27,280.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 ,Copley Drive Diamond Bar, CA 91765-4178 Consultant: Thomas G Matlock Thomas G. Matlock Associates, Inc. 1614 E. Holt Blvd., Suite 106 Ontario, CA 19761 909-983-7777 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit. or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. J-2 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Consultant shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. J-3 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City, and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. J-4 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. J-5 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours-, or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to -time, designate in writing pursuant to the provisions of this section. J-6 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. IfCity" ATTEST: CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk Carol Herrera, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its - J -7 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Exhibit A -- Scope of Work (Contractor's Proposal) J-8 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Exhibit B --- Level of Services/Time of Performance Contractor shall provide all design -related work within 45 days, or March 6, 2014. Design -related work shall include, but is not limited to: • Studies of site options • Client meetings • Electrical and structural engineering • Final construction documents for bidding 2. Field administration during construction shall occur once a contractor is selected and remain in place until the project's notice of completion is filed by the City. J-9 ADDITIONAL ENSURED ENDORSEMENT EXCESS LIABILITY CITY COUNCIL Agenda # Meeting Date: January 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members f t e City Council VIA: James DeStefano, City Mana e ; TITLE: ADOPTION OF RESOLUTION NO.'2014-XXOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2013-14 TO REPROGRAM FUNDS TO THE HOME IMPROVEMENT PROGRAM, ADA SIDEWALK IMPROVEMENTS FY 2013-2014 PROJECT, AND ADA IMPROVEMENTS FOR STAR DUST AND LONGVIEW SOUTH MINI -PARKS RECOMMENDATION: Adopt. FINANCIAL IMPACT: The FY 2013-2104 CDBG Program Budget includes a $150,000 allocation to the City's Home Improvement Program (HIP) and a $60,396 allocation to the ADA Sidewalk Improvements FY 2013-2014 Project. The City has $40,000 of unallocated CDBG funds available to be reprogrammed to the City's HIP for a total HIP allocation of $190,000. The appropriation of $40,000 to HIP will provide an additional $32,000 in construction funds and an additional $8,000 for HIP program administration costs (HIP Administration is another item on tonight's agenda). Also, the City has $56,000 of unallocated CDBG funds available to be reprogrammed to the ADA Sidewalk Improvements FY 2013-2014 Project. The appropriation of $56,000 to ADA Sidewalk Improvements will provide an additional $50,000 in construction funds and $6,000 for CDBG project administration and contract compliance costs. In addition, the ADA Improvements for Star Dust and Longview South Mini -Parks require funding to complete final design and plan check. The appropriation of $11,000 to ADA Improvements -Star Dust and Longview South Mini -Parks will provide $10,000 to complete the design of ADA improvements and $1,000 for CDBG project administration costs. The CDBG Program does not impact the City's General Fund budget. BACKGROUND/DISCUSSION: On December 4, 2012, the City Council approved Fiscal Year (FY) 2013-14 Community Development Block Grant (CDBG) program funding. The FY 2013-2014 CDBG allocations include funding for the Home Improvement Program and for the construction of ADA accessible sidewalks and ADA curb ramp installations in the target area bounded by Diamond Bar Blvd., to the south, Grand Avenue to the east, Pathfinder Road/SR57 to the west, and the Gateway Corporate Center to the north. Home Improvement Program (HIP) The City's Home Improvement Program provides no interest loans of up to $10,000 and $5,000 grants to qualified homeowners to fund home improvements. The primary purpose of the program is to provide funding to correct health and safety code violations, provide disability access and accommodations, and for necessary residential improvements. The City continues to have a number of residents interested in participating in the Home Improvement Program and there is currently a waiting list of funding applications. If approved by the City Council, the $32,000 will be used to fund additional residential improvement projects as well as provide additional funds for additional program administration ($8,000). The total HIP budget will be increased from $150,000 to $190,000. ADA Sidewalk Improvements FY 2013-2014 Project The ADA Sidewalk Improvements Project provides funds for the replacement of existing uplifted sidewalks and for the installation of curb ramps in residential neighborhoods to accommodate for the mobility of disabled or elderly residents. The original allocation of $60,396, which was the funding amount available at that time, is not sufficient to repair all the sidewalks identified for replacement in the target area. If approved by the City Council, the $56,000 will be used to fund construction costs as well as provide additional funds for additional project administration and contract compliance costs. The total ADA Sidewalk Improvements budget will be increased to $116,396. Additional funding was approved by the City Council on December 17, 2013 for FY 2014-2015 CDBG Funds to complete the entire sidewalk replacement inventory for the project area. ADA Improvements -Star Dust and Longview South Mini -Parks An allocation of $11,000 will be used to complete the design and plan check required for the ADA Improvements -Star Dust and Longview South Mini -Parks Project. This will be funded as a new project for FY 2013-2014. The unallocated CDBG funds to be used for the reprogramming of CDBG funds to HIP, ADA Sidewalk Improvements, and ADA Improvements for Star Dust and Longview South Mini - Parks are from deferred loan repayments and prior year's project savings. PREPARED BY: r David Doyle Assistant City Manager Attachments: Resolution 2014 -XX Public Notice RESOLUTION 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND.BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2013-14 TO REPROGRAM FUNDS TO THE HOME IMPROVEMENT PROGRAM, ADA SIDEWALK IMPROVEMENTS FY 2013-2014 PROJECT, AND ADA IMPROVEMENTS FOR STAR DUST AND LONGVIEW SOUTH MINI - PARKS WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, the City Council passed, approved and adopted Resolution 2012-51 on December 4, 2012 approving the CDBG funding allocation for the 2013-14 Program Year; and WHEREAS, the Home Improvement Program (HIP) was approved for funding in the amount of $150,000 and the ADA Sidewalk Improvements FY 2013-2014 Project was approved for funding in the amount of $60,396 based on the final CDBG allocation provided by the Los Angeles County Community Development Commission (LACDC) on June 6, 2013; and WHEREAS, the CDBG Unallocated Balance has $107,000 from deferred loan repayments and prior year's project savings available for reprogramming; and WHEREAS, the CDBG Program requires that allocated funds be used in an expeditious manner in order to meet the annual CDBG draw down goals; and WHEREAS, the Home Improvement Program has a waiting list of residents interested in participating in HIP and will use additional funds for the residential improvement projects; and WHEREAS, the ADA Sidewalk Improvements FY 2013-2014 Project requires additional funding to construct the identified sidewalk replacements and curb ramp installations for the project area; and WHEREAS, the ADA Improvements for Star Dust and Longview South Mini - Parks require funding to complete final design and plan check. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the CDBG Program shall be amended to reprogram and appropriate $40,000 to the Home Improvement Program for an increased budget totaling $190,000; to reprogram and appropriate $56,000 to the ADA Sidewalk Improvements FY 2013-2014 Project for an increased budget totaling $116,396; and to reprogram and appropriate $11,000 to the ADA Improvements -Star Dust and Longview South Mini -Parks Project for new funding. Section 2. That the City Manager or his designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the reprogramming of the CDBG funds for the Home Improvement Program, the ADA Sidewalk Improvements FY 2013-2014 Project, and the ADA Improvements -Star Dust and Longview South Mini - Parks Project. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 21st day of January, 2014. Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2014- was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of December, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California 2 I n NDBAR CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 (909) 839-7030 PUBLIC NOTICE AMENDMENT TO THE FISCAL YEAR 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar is amending the federal Community Development Block Grant (CDBG) Program for Fiscal Year 2013-2014. In accordance with the U. S. Department of Housing and Urban Development (HUD) regulations, public notices are required if there is a proposed new project, substantial change, or project cancellation. The change to the FY 2013-2014 CDBG Program is as follows: City of Diamond Bar Home Improvement Program — Project Number 600503-13 Current Funding Allocation: $150,000.00 Revised Funding Allocation: $190,000.00 This is a continuing program that provides grants or deferred loans to eligible low- and moderate -income homeowners for necessary home improvements and to mitigate building and safety code deficiencies and violations. An additional $40,000.00 in funding for this project will be re -allocated from the CDBG Unallocated Balance. City of Diamond Bar ADA Sidewalk Improvements — Project Number 601544-13 Current Funding Allocation: $ 60,396.00 Revised Funding Allocation: $116,396.00 The project provides funding for the repair of existing uplifted sidewalks and for the installation of curb ramps in residential neighborhoods to accommodate for the mobility of disabled or elderly residents. An additional $56,000 in funding for this project will be re -allocated from the CDBG Unallocated Balance. City of Diamond Bar ADA Improvements — Star Dust Mini -Park and Longview South Mini -Park Project Number TBA Current Funding Allocation: $ -0- New Funding Allocation: $11,000.00 This new project will provide for the finals design and plans required for the ADA improvements at Star Dust and Longview Park South Mini -Parks. Written comments regarding the amendment may be submitted to the Diamond Bar City Hall at 21810 Copley Drive, Diamond Bar, California, 91765 by January 21, 2014. For further details, contact David Doyle, Assistant City Manager, at (909) 839-7010. Agenda # M. ' Meeting Date: January 21, 2014 CITY COUNCIL\ AGENDA REPORT CIN�fgiPOR��� + TO: Honorable Mayor and Member" e City Council VIA: James DeStefano, Cit Man e`�,,., TITLE: APPROVAL OF THE 2014 LOS AN , ELES COUNTY MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) FOR A FIVE YEAR TERM BEGINNING JULY 1, 2014 RECOMMENDATION: Approve FISCAL IMPACT: There is no specific fiscal impact related to the approval of this agreement. Financial implications related to the City's Sheriff's Department contract will be applicable as the County updates contract rates and the City chooses deployment levels each July 1, with decisions made by the City Council upon adoption of the annual budget. BACKGROUND 1 DISCUSSION: Every five years, Los Angeles County cities with interest in contracting with the Sheriff's Department must enter into the MLESA, which establishes the terms and conditions for the provision of municipal law enforcement services. These include basic scope of services, administration and deployment of Sheriff's Department personnel, performance requirements, and overall contract administration standards. The development of the 2014 MLESA was the result of several months of negotiations led by the City Manager and the California Contract Cities Association. This process has resulted in an improved agreement that addresses issues that have arisen in some stations in the County during the last MLESA term. Specifically, the agreement creates significant new language (Section 3.0) strengthening the right of the contracting city to collaborate with station leadership on deployment of personnel to prevent practices that diminish service levels (elimination of overtime, "carping", "car busting", etc.). With the exception of this language and clarifications of the employment relationship of City and County employees (Sections 2.6 and 2.7), the 2014 MLESA contains no other substantive changes. It should also be noted that signatories to the MLESA retain the right to reexamine or modify services provided by the Sheriff's Department throughout the term, Given the City's and Sheriff's Department's continued success in maintaining low overall crime rates in Diamond Bar, staff recommends that the City Council approve the MLESA through 2019. Prepared by: Ry"cLean, sistant to the City Manager Attachments: 2014-2019 MLESA By & Between the Sheriff's Dept. and City of Diamond Bar MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF TABLE OF CONTENTS SECTION TITLE RECITALS............................................................................................................. 1.0 SCOPE OF SERVICES........................................................................ 2.0 ADMINISTRATION OF PERSONNEL ................................................. 3.0 DEPLOYMENT OF PERSONNEL......................................................... 4.0 PERFORMANCE OF AGREEMENT .................................................... 5.0 INDEMNIFICATION............................................................................... 6.0 TERM OF AGREEMENT........................................................................ 7.0 RIGHT OF TERMINATION................................................................... 8.0 BILLING RATES..................................................................................... 9.0 PAYMENT PROCEDURES.................................................................... 10.0 NOTICES........................................................................................... 11.0 AMENDMENTS................................................................................... 12.0 AUTHORIZATION WARRANTY......................................................... 13.0 ENTIRE AGREEMENT.......................................................................... SIGNATURES....................................................................................................... ATTACHMENT A: Los Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel Form PAGE 1 1 2 3 5 5 6 6 7 7 8 9 9 9 10 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF This Municipal Law Enforcement Services Agreement (hereinafter referred to as "Agreement") is made and entered into this day of , 2014 by and between the County of Los Angeles (hereinafter referred to as "County") and the City of (hereinafter referred to as "City") RECTTALS A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriffs Department (hereinafter referred to as "Sheriffs Department"); and B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, such municipal law enforcement services agreements are authorized and provided for by the provisions of Section 56'/2 and 56% of the County Charter and California Government Code Section 51301. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows: 1.0 SCOPE OF SERVICES 1.1 The County, by and through the Sheriffs Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement. 1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, 2 State of California statutes, and the City municipal codes.. 1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff. 2.0 ADMINISTRATION OF PERSONNEL 2.1 During the term of this Agreement, the Sheriff or his designee shall serve as Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City. 2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. 2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City. 2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriffs Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto. 2.5 All City employees who work in conjunction with the Sheriff's Department pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. 2.6 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, and not to establish an agency relationship, every County employee engaged in performing any such service and function shall be deemed to be an officer of said 3 City while performing service for said City, which service is within the scope of this Agreement and is a municipal function. 2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriffs Department salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her performance under this agreement. 2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non -merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation. 3.0 DEPLOYMENT OF PERSONNEL 3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriffs Department and indicated on a Los Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel Form, attached hereto as Attachment A and incorporated herein by this reference. 3.2 City, or its designated City representative, shall meet with its respective Sheriffs Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriffs Department Station Captain regarding the method of deployment for such services. The Sheriffs Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City. 3.3 The Sheriffs Department shall make every attempt to avoid deployment deficiencies (i.e., "busting" of cars) which may cause impairments in the consistent delivery of services. Should the Sheriffs Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriffs Department shall promptly notify City of this change in advance. In the event that prior notice is not possible, City shall be notified of the change within two City business days. if monthly service a1 compliance falls below ninety-eight percent (98%), then the Sheriffs Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%), then the respective Sheriffs Department Division Chief shall meet with the Sheriffs Department Station Captain and City to discuss compliance and identify a plan for resolution. if City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriffs Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime and/or staffing adjustments at no additional cost to the City, and/or City -initiated service suspensions. If the City determines it is unnecessary, City may waive either dispute resolution process discussed above. 3.4 A new Attachment A, Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee each July 1, and attached hereto. 3.5 Should the City request a change in level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto. 3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this Agreement shall be the staffing level in effect between the County and the City. 3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriffs Department SH -AD 575 Deployment of Personnel Form, of this Agreement. The City may also request any other service in the field of public safety, law, or related fields within the legal power of the Sheriff to provide. Such other services shall be reflected in a revised Attachment A, Los Angeles County Sheriff's Department SHAD 575 Deployment of Personnel Form, under the E procedures set forth in Paragraphs 3.4 and 3.5 above. 4.0 PERFORMANCE OF AGREEMENT 4.1 For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder. 4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services. 4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff's Department substation within the City which would not normally be provided by the Sheriffs Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities. 4.4 It is expressly further understood that in the event a local office or building is maintained in said City, such local office or building may be used by the Sheriff s Department in connection with the performance of his duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied by the City at its own cost and expense. 5.0 INDEMNIFICATION 5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October S, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full 0 herein. 5.2 The parties hereto have also executed a County -City Special Indemnity Agreement approved by the Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein. 5.3 In the event the Board of Supervisors later approves a revised Assumption of Liability Agreement and/or Joint Indemnity Agreement, and the City executes the revised agreement; the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 6.0 TERM OF AGREEMENT 6.1 The term of this Agreement shall be from July 1, 2014 through June 30, 2019, unless sooner terminated or extended as provided for herein. 6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each. 6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then - existing term. 7.0 RIGHT OF TERMINATION 7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) calendar days prior thereto. 7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City's notice to the 7 County. 7.3 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination. 7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination. 8.0 BILLING RATES 8.1 The City shall pay the County for the services provided under the terms of this Agreement at the rates set forth on Attachment A, Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel Forth, of this Agreement, as established by the County Auditor -Controller. 8.2 The rates set forth on Attachment A, Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel Form, of this Agreement shall be readjusted by the County Auditor -Controller annually effective July 1 of each year, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors. 8.3 The City shall be billed based on the service level provided within the parameters of Attachment A, Los Angeles County Sheriff's Department SH -AD 575 Deployment of Personnel Form, of this Agreement. 8.4 The cost of other services requested pursuant to Paragraph 3.7 of this Agreement and not set forth in Attachment A, Los Angeles County Sheriffs Department SH- AD 575 Deployment of Personnel Form, of this Agreement shall be determined by the Auditor -Controller in accordance with the policies and procedures established by the County Board of Supervisors. 9.0 PAYMENT PROCEDURES 9.1. The County, through the Sheriffs Department, shall render to said City within ten (10) calendar days after the close of each calendar month a summarized invoice which covers all services performed during said month, and said City shall pay 8 County for all undisputed amounts within sixty (60) calendar days after date of said invoice. 9.2 If such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized. 9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution is memorialized. 9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's intention to do so. 10.0 NOTICES 10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party. 9 10.2 Notices to County of Los Angeles shall be addressed as follows: Los Angeles County Sheriffs Department Contract Law Enforcement Bureau Attn: Unit Commander 4700 Ramona Boulevard Monterey Park, California 91754 Phone #: 10.3 Notices to City of shall be addressed as follows: City of Attn: Address: Phone #: 11.0 AMENDMENTS All changes, modifications, or amendments to this Agreement must be in the farm of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City. Notwithstanding, the Sheriff or his designee is hereby authorized to execute on behalf of the County any Amendments and/or supplemental agreements referenced in Sections 1.3, 3.0, 4.3, 8.2, and 9.2 of this Agreement. 12.0 AUTHORIZATION WARRANTY 12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority. 12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority. 13.0 ENTIRE AGREEMENT This Agreement, Attachment A, and any executed Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section I 1 A, Amendments, of this Agreement. 10 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Chairman of said Board and attested by the Executive Officer -Clerk of the Board of Supervisors thereof, and the City has caused this Agreement to be executed on its behalf by its duly authorized representative. COUNTY OF LOS ANGELES DON KNABE Chairman, Board of Supervisors ATTEST: SACHI HAMAI Executive Officer -Clerk Board of Supervisors RE Deputy CITY OF In ATTEST: City Clerk APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By Senior Deputy County Counsel 11 Mayor APPROVED AS TO FORM: CITY ATTORNEY CITY COUNCIL Agenda # 6 ,10 Meeting Date: 1/21/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mafia r TITLE: APPROVAL OF AMENDMENT #2 O CONTRACT WITH ARCHITERRA DESIGN GROUP FOR THE DESIGN OF CONSTRUCTION DOCUMENTS FOR THE ADA RETRO -FIT OF THREE (3) MINI -PARKS IN LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT (LLAD) #39 FOR ADDITIONAL SERVICES IN THE DESIGN OF LONGVIEW SOUTH AND STAR DUST PARK IN THE AMOUNT OF $10,000, FOR A TOTAL AUTHORIZATION OF $87,300, AND TO APPROPRIATE $10,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (C.D.B.G.) IN FISCAL YEAR 2013114 TO THE PROJECT'S BUDGET, RECOMMENDATION: Approve. FINANCIAL IMPACT: This contract amendment requires the appropriation of $10,000 in C.D.B.G. funds for this project. Approval of the amendment will increase the total contract amount to $87,300 BACKGROUND: The City Council awarded a contract to Architerra Design Group in the amount of $63,300 on September 15, 2009 to design the ADA retro -fit of three (3) mini -parks in LLAD #39. The three parks included in this contract are Silver Tip, Star Dust and Longview South. The construction of improvements at Silver Tip Park has been completed. The construction documents for Longview South and Star Dust Park require revisions that involve work not included in the scope of services with Architerra. The tasks that will be added to Architerra Design Group's scope of services with this amendment are: 1. Obtain Structural Calculations and shop drawings for both parks. 2. Review and show all CAL Green requirements on plans for both parks. 3. Review and note that Storm Water Pollution Prevention Plan requirements for both parks are to be submitted by the contractor. 4. Prepare and modify plans to be in compliance with Diamond Bar Water Conservation Landscaping Ordinance. Includes MAWA and EAWU calculations for both parks. 973733.1 5. Review and indicate Construction Waste Reduction requirements for both parks. 6. Revise plans to provide a separate water meter and service line to the drinking fountain of both parks. 7. Prepare and submit plans of both parks for review and approval by Walnut Valley Water District. 8. Calculate and indicate on grading plans for both parks the Cut and Fill earthwork quantities. 9. Calculate and indicate the quantity of water that will be discharged to the street through pipes for both parks. DISCUSSION; Approval of Amendment #2 will result in the completion of the construction documents for Longview South and Star Dust Park. The construction of improvements at these two parks will not start until funding becomes available. It is expected that staff will request Architerra Design Group to provide bidding and construction observation services for these two park projects, but the cost of those services will not come before the City Council for consideration until the Council awards the construction contract for each park project. The total authorization that staff is seeking from the City Council, including the original contract amount for $63,300, Amendment #1 for $14,000, and Amendment #2 for $10,000 is $87,300. PREPARED AND REVIEWED BY: oo se Director of Community Services Attachments: Amendment #2 dated January 21, 2014 Proposal from Architerra Design Group dated December 12, 2013 Amendment #1 dated August 7, 2012 Contract with Architerra Design Group dated September 15, 2009 973733.1 AMENDMENT #2 TO AGREEMENT THIS AMENDMENT #2 TO AGREEMENT is made this 21st day of January 2014, by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY") and ARCHITERRA DESIGN GROUP, INC. ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on September 15, 2009 (the "AGREEMENT") in the amount not to exceed $63,300 for design services for the ADA Retro -Fit of Three (3) Mini -Parks in Lighting and Landscape Assessment District (LLAD) #39. b. Amendment #1 was approved by the City Council on August 7, 2012 increasing the contract amount to $77,300 and extending the contract to .tune 30, 2016. C. Parties desire to amend the AGREEMENT, as amended by Amendment #1, to add the additional tasks set forth below to the Scope of Services for Longview South and Star Dust Park for an amount not to exceed $10,000: Now, therefore, the Parties agree to amend the AGREEMENT, as amended by Amendment #1, as follows: Section 1 — Section 1.A. of the AGREEMENT, as amended by Amendment #1, is amended by adding the following tasks to the Scope of Services for Longview South and Star Dust Park: 1. Obtain Structural Calculations and shop drawings for both parks. 2. Review and show all CAL Green requirements on plans for both parks. 3. Review and note that Storm Water Pollution Prevention Plan requirements for both parks are to be submitted by the contractor. 4. Prepare and modify plans to be in compliance with Diamond Bar Water Conservation Landscaping Ordinance. Includes MAWA and EAWU calculations for both parks. 5. Review and indicate Construction Waste Reduction requirements for both parks. 6. Revise plans to provide a separate water meter and service line to the drinking fountain of both parks. 7. Prepare and submit plans of both parks for review and approval by Walnut Valley Water District. 8. Calculate and indicate on grading plans for both parks the Cut and Fill earthwork quantities. 9. Calculate and indicate the quantity of water that will be discharged to the street through pipes for both parks. Section 2 -- Section 3 of the AGREEMENT, as amended by Amendment #1, is amended to add compensation in the amount of $10,000 for a total authorization not to exceed $87,300. 33.1 Except as provided above, the AGREEMENT, as amended by Amendment #1, is in all other respects in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation of the State of California Signed Carol Herrera Mayor APPROVED TO FORM David DeBerry City Attorney 973733.1 ARCHITERRA DESIGN GROUP, INC. Consultant Signed Title Tommye Cribbins City Clerk Bob Rose Community Services Director City of Diamond Bar 21810 Copley Drive. Diamond Bar, CA, 91765 RE. LANDSCAPE ARCHITECTURAL SERVICES, Extra Services at Stardust and Longview South Parks Dear Mr. Rose, We are proceeding with the corrections to the Construction Document packages for the Stardust and Longview South Park Improvements based on the Plan Review Comments from the Building & Safety and Engineering Departments. In processing this work, we have found that some of the requested items are beyond the original Scope of Services and Fee for this portion of the work. While providing general plan check corrections was included in the scope of services, some of the corrections requested require additional services. The additional scope of work items are described in more detail below. 1. Obtain Structural Calculations and shop drawings for both parks. 2. Review and show all CAL Green requirements on plans for both parks. 3. Review and note that Storm Water Pollution Prevention Plan requirements for both parks are to be submitted by the contractor. 4. Prepare and modify plans to be in compliance with Diamond Bar Water Conservation Landscaping Ordinance. Includes MAWA and EAWU calculations for both parks. 5. Review and indicate Construction Waste Reduction requirements for both parks. 6. Revise plans to provide a separate water meter and service line to the drinking fountain at both parks. 7. Prepare and submit plans of both parks for review and approval by Walnut Valley Water District. 8. Calculate and indicate on grading plans for both parks the Cut and Fill earthwork quantities. 9. Calculate and indicate the quantity of water that will be discharged to the street through pipes for both parks. arci'sterrodesigngrou�.corn C A 9 1' ;ri The total additional fee requested for the above extra services is $4,275.00. We have every effort to minimize these additional costs. If you would like, we would be happy to discuss this extra service request with, you in more detail at your convenience. We are looking forward to completing the construction documents for this park, getting it approved and ready to bid. Sincerely, Approved: City of Diamond Bar B -:, y. Title. Date: OAZZIT3�i-19 Appended to and part of original Agreement for Professional Services between Architerra Design Group (ADG), and the City of Diamond Bar dated September 9, 2009. Fees for Professional Services Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in the Agreement For Professional Services. Reimbursable Expenses The following costs shall be reimbursed at cost plus 15% and are not included in the Fee for Professional Services: A. Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, Xerox copying, photo reproductions. B. All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. C. Cost of postage and shipping expenses other than first class mail. D. Photographic services, film and processing. E. Cost of models, special rendered exhibits,promotional photography, special process d printing, special equipment, special prinkreports or publications maps and documents approved in advance by Client. F. Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project (Plan check fees, variance applications; etc.). Fees for additional special consultants retained with the approval of Client. Additional Services The Consultant may incur expenses and costs, which are not included in the Basic Fee for Service. If authorized by the client through written job change order confirmation, the Consultant will perform said Additional Services on a time and material basis, according to the following schedule: Principal $150.00/Hour Director of Design $125.00/Hour Project Manager $ 95.00/Hour Landscape Designer $ 75.00/Hour Clerical $ 45.00/Hour AMENDMENT #1 TO AGREEMENT THIS AMENDMENT #1 TO AGREEMENT is made this 7th day of August 2012, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and ARCHITERRA DESIGN GROUP, INC. ("CONSULTANT'). Recitals: a. CONSULTANT entered into an agreement with CITY on September 15, 2009 (the "AGREEMENT") in the amount not to exceed $63,300 for design services for the ADA Retro -Fit of Three (3) Mini -Parks in Lighting and Landscape Assessment District (LLAD) #39. b. Parties desire to amend the AGREEMENT to add a hydrology study, drainage plan and construction observation services to their Scope of Services for an amount not to exceed $14,000 and to extend the Tern of Agreement to June 30, 2010, Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 -- Section 1.A. of the AGREEMENT is amended by adding a hydrology study, drainage plan and construction observation services for Silver Tip Park to the Scope of Services. Section 2 —Section 2 of the AGREEMENT is amended by extending the Term of Agreement to June 30, 2016. Section 3 -- Section 3 of the AGREEMENT is amended to add compensation in the amount of $14,000 for a total authorization not to exceed $77,300. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. CITY OF DIAMOND BAR ARCHITER DESIGN GROUP, INC A Municipal Corporation Consulta of the State of California r _ Signed'Signed UUP"—- 9 9 Mayor Title APPR EQ �O FN RM f City Attorney `' City derk- CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of September 15 2009 by and between the City of Diamond Bar, a municipal corporation ("City") and Architerra Design Group ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in the City's Request for Proposals. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated July 31, 2009 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect September 15, 2009 and shall continue until June 30, 2014 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty -Nine Thousand Three Hundred dollars ($_59,300) plus _$4,000 for reimbursables for a total authorization _of_$63,300. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. v. Addresses. City: Consultant: City Manager Richard Krumwiede City of Diamond Bar Architerra Design Group 21825 Copley Drive 10221 Trademark Street Diamond Bar, CA 91765-4178 Rancho Cucamonga, CA 91730 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. B. Indemnification. Consultant shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY (meaning that Consultant shall indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY which may have contributed to the claims, damages, costs or liability). Should CITY in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in California and approved by the City (1) a policy or policies of broad - form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per claim; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be canceled, (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof, except 10 days for non-payment of premium. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage as to the minimum coverage's specified above. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VI1. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. Additional Insured Endorsements shall be executed in a manner acceptable to both parties. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City: Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law, All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. The City acknowledges such documents are instruments of Consultant's professional services. The City agrees to indemnify, defend and hold Consultant harmless from and against any claims, costs, losses and damages as a result of the City's misuse or reuse of such drawings, specifications whether in print or in electronic form. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13, Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. D. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause. E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. r 16. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. 17. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. 18. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1576, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 19. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 20. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. if any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action.or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 24. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following, deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 25. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 26. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 27. County Lobbying Certification. The Consultant certifies that: (1) It is understood that each personlentitylfirm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; (2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; (3) That any personlentitylfirm who seeks a contract with Community Development Commission shall be disqualified there from and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code, 28. Federal Lobbying Certification. The Consultant certifies that: (`l)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to' influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant,, loan.br cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any. person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form - LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The Consultant shall require that the language of this certification be included in all subcontracts and that all subconsultants shall certify and disclose accordingly. 29. Records and Audits. The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after the expiration of this Agreement unless permission to destroy them is granted by the City. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Cleric. 31, Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 'City" ATTEST: By: Tomm e Cribbins 'City C.1erk Approved as ro form: CITY OF DIAMOND BAR By: Ce C Ron Everett, Mayor "CONSULTANT" QL Arc terra est n urou Nam of Company B By: y: City Attorney F,epre entative Its: sfIi Title Agenda # 5.11 Meeting Date: January_ 21, 2013 CITY COUNCIL = AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M 4n --p TITLE: Authorize the City Manager toa prove an increase of $8,000 (Amendment No. 3) to the Professional Services Agreement with SJC 3 Consultants for an amount not -to -exceed $38,000 to administer the City's Home Improvement Program (HIP) for FY 2013-14. RECOMMENDATION: Approve BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. In addition, emergency grants of up to $2,000 are available on an as needed basis. DISCUSSION The original FY 2013-14 CDBG Program Budget included a $150,000 allocation to the City's Home Improvement Program (HIP). Per Community Development Block Grants (CDBG) guidelines, the maximum amount available for administrative costs is 20% of the HIP program budget ($30,000). In July 2013 the City Council authorized Amendment No. 2 to the contract with SJC3 Consultants to provide administration of the City's Home Improvement Program in the amount of $30,000. With surplus CDBG funds available, another item on tonight's agenda recommends $40,000 of surplus funds be allocated to the City's HIP. The additional appropriation will increase the FY 2013-14 allocation to $190,000. With increased funding for construction projects, there will be a commensurate increase in administration costs. Therefore, it is recommended that the Council authorize an increase of $8,000 to the SJC3 Contract to fund these additional costs. The City has a three-year agreement with SJC3 Consultants to administer the Home Improvement Program. Last year, Council authorized $30,000 for this work. In the current year the Council will have authorized $38,000 for this work with approval of Amendment 3, Therefore Council will authorize a total contract cost of $68,000 to this vendor over a two-year period. PREPARED BY: David Doy e, As anager Attachment AMENDMENT NO. 3 TO THE FY 2013-14 CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING FOR MANAGEMENT ANDADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 21st day of January 2014, , between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 17, 2012, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT".) (ii) The AGREEMENT specifies that it is for services with a cost not -to -exceed $20,000 for FY 2012-13 (iii) In April 2013 Amendment No. 1 was approved increasing the contract to $30,000 for FY 2012-13. (iv) In July 2013 Amendment No. 2 was approved increasing the total contract to 60,000 and extending the term to June 30, 2014 (v) It is in the City's best interest to amend the AGREEMENT to increase the not -to - exceed amount for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT and to allow the expenditure of additional HIP funds to needy community members throughout FY 2013-14. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $ 38,000 in Community Development Block Grant (CDBG) funds for the services performed for FY 2013-14 and a total contract authorization over the two year period from July 2012 to June 2014 of $68,000. Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: City of Diamond Bar M. James DeStefano, City Manager ATTEST Tommye Cribbins, City Clerk 2 SJC 3 Consulting Regina Collins, Principal COUNCIL. Agenda # 6.12 Meeting Date: 1/21/2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma er TITLE: ADOPT RESOLUTION NO. 14-X OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR THE PANTERA PARK TRAIL ACCESS DEVELOPMENT FOR $181,579. RECOMMENDATION: Adopt. FINANCIAL IMPACT: Development of the Pantera Park Trail is estimated to cost $363,158. The Land and Water Conservation Fund grant requires a dollar to dollar match from the City. Staff is requesting $181,579 from the Land and Water Conservation Fund. The remaining amount is $181,579. Approximately $25,000 will be used to pay the California Conservation Corp to forge the trail. This amount will be reimbursed through the Prop A Youth at Risk funds. The remaining $156,579 will be listed as committed from City of Diamond Bar General Fund to complete the match. Staff applied for the Habitat Conservation Fund in October, 2013 that if awarded could become this match. BACKGROUND: The Pantera Park Trail begins adjacent to. the Dog Park and travels up a very steep hill. Staff has hiked the area to determine the best way to make this access more accessible to a more diverse group of hikers. Currently the hill is so steep a chain has been placed at one point of the trail for the hiker to use to pull up to a less steep area. The California Conservation Corp (CCC) has added some natural steps in another area. Using the CCC for this project can help make the grant more competitive. This grant application will address the steep grades and provide an alternative route. If the grant is awarded the trail access would be developed using switch backs and steps where necessary. DISCUSSION: The application for this grant is due February 3, 2014 and is being prepared by Community Services staff. The project will develop approximately 2,500 feet along the Pantera Park Trail access by altering the location to follow the contours of the land and mitigate the 25%+ grade going directly up the hill of the current hard pan path. Where following the contour of the land is not feasible landscape tie steps with hand rails may be installed. Cobblestone swales will be installed for drainage if necessary. The project will include developing a trail path, lodge pole fencing where needed, bench rest stops, trash receptacles, minor foliage restoration, rules and directional signage. This Resolution is a required element of the grant application. This is one of many applications that staff has submitted to obtain funds to construct trails and trail amenities identified in the Trails Master Plan. Grants that have recently been awarded include two from the Land and Water Conservation Fund and one from the Habitat Conservation Fund. These three grants were used to fund the Grand View Trail and Trail Link, which is now out to bid for construction. PR AIRED BY: (Z& '- 2 ' Alison Mevers C.S. Coordinator Director of Community Services RESOLUTION NO. 2014 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR THE PANTERA PARK TRAIL ACCESS DEVELOPMENT WHEREAS, Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing APPLICATIONS by local agencies under the program; and WHEREAS, the City Council of the City of Diamond Bar certifies by resolution the approval of the APPLICATION and the availability of eligible MATCHING funds prior to submission of the APPLICATION to the State. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Approves the filing of an APPLICATION for Land and Water Conservation Fund assistance for the proposed Pantera Park Trail Access Development. 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88-578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has MATCHING funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and 4. Appoints the City Manager of the City of Diamond Bar as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limited to, APPLICATIONS, CONTRACTS, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned PROJECT. Approved and Adopted on the 21 st day of January_, 2014. Carol Herrera Mayor Attest: Tommye Cribbins, City Clerk 977711.1 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21St day of January, 2014 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Tommye Cribbins, City Clerk City of Diamond Bar al►rs"Ej CITY COUNCIL Agenda # .Meeting Date: 6.13 .1/21/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City a TITLE: APPROVAL OF ASSIGNMEN OF GRAND VIEW TRAIL AND GRAND VIEW TRAIL LINK DESIGN CONTRACT FROM TKE ENGINEERING TO ICG, INC. RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no cost impact to the City of Diamond Bar for the assignment of this contract. BACKGROUND: The City Council awarded a $52,400 contract to TKE Engineering to complete the design of the Grand View Trail and Trail Link project on November 6, 2012, TKE Engineering substantially completed the design and the project is now out to bid. The remaining tasks under this contract that need to be completed include assistance during the bidding process and construction administration. The remaining work represents about 29% of the original $52,400 contract amount. The three individuals who performed the majority of the work on the design of the Grand View Trail and Trail Link project for TKE Engineering have formed their own firm, ICG, Inc. Since these individuals have formed their own firm, TKE Engineering is willing to assign the contract to TKE, Inc. DISCUSSION: Section 16 of the original agreement between TKE Engineering and the City of Diamond Bar states that the contract cannot be assigned by the consultant to another firm without the approval of the City. Therefore, City Council approval is required to assign this contract to ICG, Inc. PRE R AND REVIEWED BY: Director of Community Services Attachments: Assignment Request from TKE Engineering dated 12/18/13 Consulting Services Agreement between City of Diamond Bar and TKE Engineering dated 11/6/2012 T PI December 18, 2013 City of Diamond Bar Attn: Mr. Bob Rose K E I 1} C. TKE Planning Inc., has changed i name and is currently its the process of transitioning open contracts to the new firm name of ICG, Inc. The current day to day operators and majority owners of TKE Planning, Jeffrey Scott; Monika Robinsbn and Matt Evans are the same individuals whish have established ICG. Jeff and Monilia performed the interview process with the City, won the project in the initial selection procegs, and would still be maintaining the same project team, including sub consultants. Please accept this letter as a formal request to change the current firm name from TKE Platining,=Inc. to ICG, Inc. I have enclosed ICG, Itic.'s W-9 form fo `your'referetice Pending your approval we can have e'w insurance certifications issued at;a moment's notice. If you have any"', questions regardinj this notification, please feel free to contact out office at (909) 203-7995 or jscott&icg-inc.org. Sincerely, Jeffrey Scott, ASLA President/CEO of TKE Planning Encl. W W W T K E E N G I N E E R I N G. C O M 3 0 5 (,' h i c: a o o : z Y e rt u, e c' r .5 ti t` a 1 i f o r E3 i 'a 9 2- 5 0 7 P h, 95 � 6Z� ') 4i „140 1 'x i, 0 i 0. 0 4 t) 0 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 6, 2012 by and between the City of Diamond Bar, a municipal corporation ("City") and TKE Planning, Inc. ("Consultant"). RECITALS. A, City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: t. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's. Response, dated September 20} 2012 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit 13." 2. Term of Agreement. This Contract shall take effect _November 6, 2012, and shall continue until June 30, 2015 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Forty-Elght Thousand Four Hundred dollars ($48,400) plus_$4 000 for reimbursables for a total authorization of $52,400. - 4. General Terms and Conditions. in the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses City: City Manager Consultant: Jeff Scott, Principal City of Diamond Bar TKE Planning, Inc. 21810 Copley Drive 2305 Chicago Avenue Diamond Bar, CA 91765-4177 Riverside, CA 92507 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, Including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant 'further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. S. Indemnification. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT'S negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sale active negligence or willful misconduct of the CITY (meaning that CONSULTANT shall indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY which may have contributed to the claims, damages, costs or liability). Should CITY in its sole discretion find CONSULTANT'S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY`(and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT'S negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,00D.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater, City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A_ All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Bests rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept, 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or .employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the, foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Matedals. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. f=urthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective data of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state- either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer arty interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be vold and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. {Von -Waiver of 'terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By, Tom ye C:ribbins jng- ng Chang City Clerk Mayor Approved as to for "CONSULTANT" By:` TKE glannin_c,,_I Zi� A orney Name of ompany By: Its: [--;, Title CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g Agenda 4 6.14 Meeting Date: January 21, 2014 AGENDA REPORT TITLE: APPROVAL OF RESOLUTION 2 14 -XX ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO 05(2006). RECOMMENDATION; Approve. FINANCIAL IMPACT: None BACKGROUND: The City's Purchasing Ordinance No. 05(2006) includes a provision for the establishment of an Approved Vendor's List every January. This list will be comprised of vendors who have consistently provided excellent service to the City, have traditionally been the lowest bidder, can deliver goods or services on time, or consistently meet or exceed product/service specifications. City staff has performed an annual review and update of the vendor list and is requesting approval at this time. Vendors on this list have historically met City standards for quality and price of services. If at any time a vendor falls below the expectations established in the Ordinance, the vendor may be removed from the list by City staff. Upon approval, this list will be valid from February 1, 2014 through January 31, 2015. Attachment: 1. Vendors List Revisions, 2. Resolution 2014 -XX. 3. Exhibit A — Approved Vendor List Effective February 1, 2014 through January 31, 2015. Attachment 1 City of Diamond Bar 2414 Vendor List Changes Additions Vendor Product Explanation Rental Equipment (tables, A-1 Rentals chairs, canopies) for special Lowest prices and excellent service events Bricks 4 Kidz Contract Class Instructor - Lego ** See Contract Class Instructor Explanation Movie Making Central Powder Coating Powder Coating Quick service and quality work Major car/truck repairs for fleet Chino Hills Ford Closest to Diamond Bar; good service vehicles Construction Equipment 4 Less Grinders and vacuums Competitive prices; Offers on-site training Daniel Weston Contract Class Instructor - Youth ** See Contract Class Instructor Explanation Martial Arts (Kajukenbo) Dianne Martinez Contract Class Instructor - ** See Contract Class Instructor Explanation Youth/Adult Sewinq Emergency/Maintenance Vendor able to provide good maintenance Discount Rooter plumbing services for City Hall/Library service and low price Contract Class Instructor -Adult Eliana Drew ** See Contract Class Instructor Explanation Dance (Ballroom & Salsa) Gail Materials Provider of decomposed granite for parks, trails & facilities Sole source provider for decomposed granite (proprietary product) Go Live Technology Cityview System Vendor Sole Source Support - Cityview System GovIS, LLC Transit System Vendor Sole Source Vendor - TPS/CMS Systems Heather Smith Contract Class Instructor - Smart ** See Contract Class Instructor Explanation Phones Mobile Industrial Helium, gases, material and services for welders Competitive prices, quality service Preferred Ceiling, Inc. Acoustical tile/Ceiling Tile Name Change from Hammond Construction Rigel Products & Services Gas powered jack hammers Only vendor that provides parts in So. Calif. Schorr Metals Supplier of raw metal material Routinely lowest bidder for product Statewide Traffic Safety & Signs Traffic Signs & Equipment Responsive supplier for road striper Tyner Paving Company Asphalt & Concrete Repairs On-call contractor; reasonably priced Vulcan Material Companv AC hot mix material Local vendor Deletions Vendor Product Alicia Speare Contract Class Instructor - Sign No longer available April Lani Contract Class Instructor - Voice No longer teaching Attachment 1 Deletions (Con't) Vendor Product Arrowwoods Interior wood DBC Found alternative vendor with better service and product Audio Visual Innovations A/V System service No longer needed Balloons by Alice Bday & July 4th Balloons City purchased helium tanks Bashful Butler Catering Caterer No longer used by the City Contract Class Instructor - Charles Morales No longer teaching Guitar Cheryl Skidmore Contract Class Instructor - Classes not offered Horsemanship Craig Davis Contract Class Instructor - Piano No longer available Contract Class Instructor - Baby Danielle Baccaro No longer teaching Ballet Darla Tighe Contract Class Instructor -Voice No longer teaching Contract Class Instructor - Adult David Fernandez No longer teaching Dance Diversified Paratransit Shuttle Service No longer in business Contract Class Instructor - Make- Dora Lonyai Up/Sian Care Classes not offered D.Y. Performance Fitness Contract Class Instructor - Classes not offered Speed & Agility Empire Pipe Cleaning & Equipment Sewer & Storm Drain Cleaning No longer used by the City Traffic Paint & Thermoplastic Ennis -Flint Na longer used by the City Markings Esperanza Flores Dance Contract Class No longer teaching Event Booking and Services City Birthday Party carnival rides Issues with rides and services Food From the Heart Caterer No longer used by the City Frank Stein Novelty Co. Specialty Supplies No longer used by the City Glass Eye Productions Video Productions No longer needed Hammond Construction Acoustical tile/Ceiling Tile Name changed to Preferred Ceiling, Inc - See additions IMS Refrigeration Ice Machine repairs found alternative vendor with better service Jacqueline Ng Contract Class Instructor - Yoga No longer teaching James Events Bday rides No longer used by the City Jeanie Khoury Contract Class Instructor - Adult No longer teaching Crafts Jerry Short Contract Class Instructor - Classes not offered Karate Jessica Braun Contract Class Instructor -Adult No longer teaching Crafts Kathy Salata Contract Class Instructor - Public No longer teaching Speaking Attachment 1 Deletions (Con't) Vendor Product Keep America Beautiful Inc Recycling Promotional Items No longer used by the City Kiddie Techie Contract Class Instructor - Youth Computer No longer used by the City Liberty World Class Flags Park Flags No longer used by the City Live Sound Concepts Concert/July 4th - Audio Equipment Found alternative vendor with better quality equipment Magic and Variety July 4th - Entertainment No longer needed Minutman Press (R & D Blueprint) Copying/Printing No longer used by the City NET Easter Eggs Easter Eggs Found alternative vendor with lower prices Proforma Unisource Promotional Materials for City Proqrams & Events No longer used by the City Rae Duncan Contract Class Instructor - Adult Classes not offered Crafts Recy-cal Recycling containers for schools No longer used by the City Related Visual, Inc. Audio/Visual No longer used by the City Rishi Kumar Contract Class Instructor - Classes not offered Growing Your Own Food Rad Ertel Contract Class Instructor - Intro Classes not offered to Excel Royal Roofing Inspection & Repair of DBC Roof Non-responsive Shannon Griffiths Contract Class Instructor - Belly Classes not offered Dance Sign Contractor, Inc. Armed Forces Banners Found alternative vendor with better service and product Southern California Boiler Boiler Maintenance Found alternative vendor with better service Steven Yuan Contract Class Instructor - No longer teaching Skateboarding Tina Chang Contract Class Instructor - No longer teaching Dance & Martial Arts Traffic Control Service Traffic Signs & Poles No longer in business Traffic Operations Inc Street Striping No longer in business Yosemite Water Water Supplies & Equipment Responsive supplier for low quantity orders Rental Contract Class Instructor - Youth Young S. Kim Classes not offered Taekwondo Attachment 2 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED BY ORDINANCE NO. 05(2006) TO BE IN EFFECT FROM FEBRUARY 1, 2014 UNTIL JANUARY 31, 2015 WHEREAS, the City Council has adopted Ordinance No. 05(2006) which became effective August 31, 2006; and WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; and WHEREAS, staff prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar Hereby Resolvesthat the vendors eligible for Vendor List Procurement as defined by Ordinance No. 05(2006) are contained in the attached Exhibit A —Approved Vendor List and will be in effect from February 1, 2014 until January 31, 2015. PASSED, ADOPTED, AND APPROVED this 21st day of January, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2014 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 21st day of January, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk Exhibit A City of Diamond Bar Approved Vendor List Effective February 1, 2014 through January 31, 2015 Vendor Product Explanation 4imprint Recycling Promotional Items Ability to provide a wide variety of promotional BC Continental Caterer items made from recycled materials Bear State Air Conditioning Rental Equipment (tables, Low bidder for service contract. Quality work, A-1 Rentals chairs, canopies) for special Lowest prices and excellent service events Quick service, quality work and consistent low AAA Flag and Banner DBC Logo Flags Local vendor with DB Logo supplies Access Security Controls, Inc. Lighting Supplies Sole Source Vendor - this vendor required by (ASCI) Sielox Support manufacturer. Adapt Consulting Recycling Promotional Items Ability to provide promotional items made from recycled materials Advance Tutoring Contract Class Instructor - ** See Contract Class Instructor Explanation Math Classes Affordable Generator Service Generator Maintenance Provides quality and timely service to emergency generator at DBC AGI Academy Contract Class Instructor - ** See Contract Class Instructor Explanation Computer Classes Contract Class Instructor - Alberto Yap ** See Contract Class Instructor Explanation Dance Crew Albertson's Misc. Supplies Local vendor for program supplies Printer Supplies & Consistently bid below the competition and Americomp provide superior quality for printer Maintenance maintenance & toner supplies city wide Ameritech Copier Supplies & Maint Lowest bidder and provides timely quality service Anaheim Glass Glass Repairs Consistent low bidders, quick response and high quality work Originally selected through and RFP process And One Officials Sport Official Svcs and provide quality service for a fair price Annette Drumonde Contract Class Instructor - Tot ** See Contract Class Instructor Explanation Enrichment B & T Cattle Brush Removal by Goats Consistent low bidder, provides quality and timely service BC Continental Caterer Consistently provide the least expensive food Bear State Air Conditioning HVAC Svc. DBC Low bidder for service contract. Quality work, fast response Removal of bee hives from Quick service, quality work and consistent low Bee Removers public property bid Best Lighting Lighting Supplies Familiar with City equipment, fast emergency response Bill Giebe Contract Class Instructor - ** See Contract Class Instructor Explanation o ga Bricks 4 Kidz Contract Class Instructor - ** See Contract Class Instructor Explanation Lego Movie Making BSN - dba Sport Supply Group Sporting Goods Lowest price from bids and meets all requirements California Fire Security Fire and Security Alarms Original installer of Fire/intrusion alarms systems City Hall and Library Calsense Landscape controls Proprietary equip Local company that has continued to provide Carolwood Productions Video Productions quality, cost effective services. Carrot Top Industries Park Flags Lowest price from bids and meets all requirements Contract Class Instructor -Ice Center Ice Arena ** See Contract Class Instructor Explanation Skatine Central Powder Coating Powder Coating Quick service and quality work CDW Government, Inc. (CDW-G) Electronic Components and Meets product requirements, provides low Equipment prices and fast delivery r"nntrart C lace Inctri irtnr - Charter Oak Gymnastics mnastics ** See Contract Class Instructor Explanation Major car/truck repairs for Chino Hills Ford Closest to Diamond Bar; good service fleet vehicles Contract Class Instructor Christine Angeli Adult Crafts ** See Contract Class Instructor Explanation Contract Class Instructor - Claire Liang ** See Contract Class Instructor Explanation Imagination Through Art Climatec HVAC Services Original provider of AC equipment in Server Room (City Hall) CM School Supply Tiny Tots & Day Camp Local vendor with specialty supplies needed for Supplies programs Comlock Keys/Lock supplies Proprietary lock system for the DBC Vendor able to provide specialized lighting Commercial Lighting Lighting Supplies supplies at good prices and in a timely manner Contract Class Instructor - Connie Lillie ** lazzercise See Contract Class Instructor Explanation Construction Equipment 4 Less Grinders and vacuums Competitive prices; Offers on-site training Construction Hardware Company Parks Maintenance Supplies Availability of commercial hardware products, locks, door frames and door closers Provides consistent, quality services at a reasonable cost. (Pending Name change of Cornerstone Records Management Offsite Data Storage Svcs L.A. Data Security) Manufacturer & vendor with specialty repair Crafico Inc Asphalt Materials materials for pavement asphalt. Contract Class Instructor - Creator's Touch Youth Art Classes ** See Contract Class Instructor Explanation Da Hula Studio Contract Class Instructor - ** See Contract Class Instructor Explanation Dance Daniel Weston Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Martial Arts (Kajukenbo) Day Lite Mainteneace Co. Maintenace Services Responsive service and competitive prices Day & Nite Copy Center, Inc. Copying/Printing Able to provide same day service at low cost. Often as low bidder. DB International Deli Meeting Supplies Meets requirement and provides good service including delivery Rental Facility -Contract Deane Homes Swim Club Facility Use Agreement signed yearly. Classes DFS Flooring Proprietary Method Carpet Local vendor that uses manufacturer's process cleaning for DBC Carpet to clean Dupont carpets at DBC Diamond Bar Hand Car Wash City Fleet Car Wash Local vendor with quality service Diamond Bar Mobil Vehicle maint Low bids, quality work, quick response Dianne Martinez Contract Class Instructor - ** See Contract Class Instructor Explanation Youth/Adult Sewina Emergency/Maintenance Vendor able to provide good maintenance Discount Rooter plumbing services for City service and low price Hall/Library Diversified Printers Print Svcs - Newsletter/Rec Secured through a RFP process and found to Guide be the lowest bidder. Diversified Window Coverings Maint of Mechanical Shades Sole Source Vendor - this vendor required by @ DBC manufacturer. Dog Dealers, Inc. Contract Class Instructor - Dog ** See Contract Class Instructor Explanation Obedience Doggie Walk Bags Dog Bags for Park Dispensers Responsive vendor for product to fill dispensers in parks Dolphin Rents Bday Equipment Lowest price for B -day party, & snowfest. Emergency main line repair Doty Bros. under asphalt Low bidder for quality work and fast response Dunn's Fence Co. Temporary and Permanent Lowest bidding prices Fence Supplier Eaton Corporation Computer UPS Sole Source Vendor Education To Go Contract Class Instructor - On- ** See Contract Class Instructor Explanation Line Classes Contract Class Instructor - Eliana Drew Adult Dance (Ballroom & ** See Contract Class Instructor Explanation Salsa) Emerald Landscape Maintenance Provides Landscape Responsive service and competitive prices Maintenance at City Hall Erika Vieyra Contract Class Instructor - ** See Contract Class Instructor Explanation Online Driver's Ed Interior Plant Maint-City Hall Evergreen Interiors Lowest Bid &Meets Requirements & Library Often a low bidder providing quality, timely Executive Promotional Products Promo Items merchandise. Has artwork on file for a variety of items. Lowest bidder at time banners were purchased - Exterior Products City's Event Banners - now stores, cleans, up -dates and posts banners as directed Exterminetics of So. Cal Rodent/Insect Control at DBC Low bidder for service contract. Quality work, fast response E -Z Automation Systems Sliding Doors City Hall 1st Original installer of doors floor/Library Firestone Tire Co. Vehicle maint Low bids, quality work, quick response Foothill Building Materials Sand &Sandbags Only local vendor able to deliver sandbags and sand to fire stations. Frantone Meals for special events Quality food with great presentation Contract Class Instructor - Gabriela Klein ** See Contract Class Instructor Explanation Adult Fitness Provider of decomposed Gail Materials granite for parks, trails & Sole source provider for decomposed granite (proprietary product) facilities Gasser/Olds Company Bronze plaques/signs Provides consistent, quality services at a reasonable cost. Sliding Doors City Hall 2nd Gil Door floor Original installer of doors Glenn's Refrigeration Refrigeration/Freezer Repair Quality, responsive repair service Go Live Technology Cityview System Vendor Sole Source Support - Cityview System Electronic Components and Meets product requirements, provides low GovConnection, Inc. Equipment prices and fast delivery GovIS, LLC Transit System Vendor Sole Source Vendor - TPS/CMS Systems Grand Mobil Vehicle maint Low bidder, quality work, quick response Graybar Electrical Supplies Local vendor with specialty repair materials H2O Pressure Washing Pressure washing Lowest bidder, quick response for small }obs Heather Smith Contract Class Instructor - Smart Phones ** See Contract Class Instructor Explanation Traffic Control Devices -Sales Hi -Way Safety Competitive prices and quick response & Rentals Hirsch Pipe and Supply Plumbing supplies Local vendor with specialty repair materials Home Depot Misc. Supplies Local vendor for repair materials and program supplies Hot Shots Youth Uniforms Traditionally lowest Price from bids. Hydro -Connections Irrigation Supplies Local vendor with specialty repair materials Impact Signs Informational Signs Create and Install informational signs in a timely and professional manner Interact Event Production Provides unique equipment and services for teen activities Jeffrey Hirose Contract Class Instructor - Golf ** See Contract Class Instructor Explanation Jimmye Lou Thies Contract Class Instructor - Dance ** See Contract Class Instructor Explanation Contract Class Instructor - John Bishop Martial Arts Classes ** See Contract Class Instructor Explanation Kathy Breaux Contract Class Instructor - ** See Contract Class Instructor Explanation Merchants Building Maint. Youth Art Classes Consistently low bids Keith Johnson Entertainment D.J. Services Price is equal to others, service is superior to Mity-Lite Furniture Light Weight and Durable others. Ken's Ace Hardware Misc. Supplies Local vendor for repair materials and program supplies Ki Chairs Chairs for DBC/Parks Quality chairs, good service and low prices Kidz Love Soccer Contract Class Instructor- ** See Contract Class Instructor Explanation Moonlight Printers Soccer Provides timely service. Kirlc Steinke Electric Electrician Consistent low bidder and excellent work Coaches shirts - Adult B -ball Kustom Imprints Shirts Traditionally lowest Price from bids. L.A. Data Security Offsite Data Storage Svcs Provides consistent, quality services at areasonable Muzak/Mood Media Audio/Visual Services cost. Land's End Staff shirts, apparel Variety of quality products -- vendor has city Network Partners VOIP Support artwork Letter Perfect Signs Park Signs Provides consistent, quality services at a reasonable cost. Lewis Engraving Engraving Svcs - Name Consistently provides good service in a timely Badges, Tiles & Plaques manner. Lighting Resources, LLC Waste Recycling Vendor Only local vendor that doesn't have a pick up Lowe's Home Imprvmt Center Misc. Supplies Local vendor for repair materials and program supplies Contract Class Instructor - Mad Science ** See Contract Class Instructor Explanation Youth Science Marlene Ramirez -Mooney Contract Class Instructor - ** See Contract Class Instructor Explanation Maya Devi Contract Class Instructor - ** See Contract Class Instructor Explanation Restorative Yoga MCO -The Microfilm Co Specialized Microfiche Maint Provides timely specialized service. MDS Battery & Light Bulb Recycling Lowest collection prices. Merchants Building Maint. Window washers Consistently low bids Low bidder for tables and chairs at DBC, Mity-Lite Furniture Light Weight and Durable Pantera and Heritage; excellent service and Tables/Chairs warranty program; products match existing inventory Mobile Industrial Helium, gases, material and Competitive prices, quality service services for welders Moonlight Printers Printing Svcs Provides timely service. Mt. Calvary Lutheran Church Rental Facility -Contract Facility Use Agreement signed annually. Classes & Sports Music N Smart Contract Class Instructor - ** See Contract Class Instructor Explanation Piano & Violin Muzak/Mood Media Audio/Visual Services Original provider of AV equipment in Willow Room (City Hall) Network Partners VOIP Support Proprietary vendor Newhall Ice Snow for Winter Snow Fest Only vendor that responds to bids, that can Presidlo Network Infrastructure provide requirements NexuslS Security Camera Support Proprietary vendor Oak Tree Lanes Contract Class Instructor -* See Contract Class Instructor Explanation Protection One Bowling Company took over monitoring of alarm Olympic Staffing Temporary Clerical Staffing on Excellent and reliable service at a fair price PYRO Spectaculars an as -needed basis Only vendor to respond for the last five years Once Upon A Time Creations Caterer Provides specialty menu items at competitive Reinberger Printwerks, Inc. Letterhead, Stationery, prices Oriental Trading Co. Specialty Supplies for Responsive vendor with specialty supplies Rigel Products & Services recreation programs & events needed for programs Orkin Pest Control, Inc. Gopher/ground squirrel eradication - Parks & LLA Responsive vendor far on-going rodent control Districts service Partition Specialties PSI Wall Partitions DBC Original Installers familiar with proprietary systems PCI Road Striping On call contractor for large quantities Electronic Components and Meets product requirements, provides low PC Mall Gov, Inc. Equipment prices and fast delivery Vendor continues to provide high quality photos Peter Rogers Photography Photography Services at reasonable cost. Originally selected through RFP process Playwell Teknologies Contract Class Instructor - Youth Enrichment ** See Contract Class Instructor Explanation Pomona Unified School Distr. Rental f=acility - Contract Facility Use Agreement signed August 1997 Classes & Sports Preferred Ceiling, Inc. Acoustical tile/Ceiling Tile Original Installer- specialized Ceiling tiles Presidlo Network Infrastructure Constatnly Low Bidder PROforma/Element 7 Recycling Promotional Items Ability to provide promotional items made Youth Math from recycled materials. Protection One Fire & Burglary alarm Company took over monitoring of alarm Red Dragon Karate service/maint. systems @ DBC and Heritage Park PYRO Spectaculars July 4th - Fireworks Only vendor to respond for the last five years Pyro-Comm Systems Fire alarm service/maint. Proprietary fire systems for DBC and Heritage Reinberger Printwerks, Inc. Letterhead, Stationery, Park Quinn Rental Services Equipment Rental Quality equipment, great service, competitive prices Raquel Hernandez Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Math Contract Class Instructor - Red Dragon Karate ** See Contract Class Instructor Explanation Martial Arts Printing - Envelopes, Consistently provides good service in a timely Reinberger Printwerks, Inc. Letterhead, Stationery, manner. Vendor has many templates already Certificate Covers etc on file Rigel Products & Services Gas powered jack hammers Only vendor that provides parts in So. Calif. Roto Rooter Emergency Plumbing Responsive to emergencies, competitive prices Manufacturer of City street name signs, agility Safeway Signs Co. Traffic Signs to provide matching signs Sole manufacturer which meets all equipment SASE Company Inc Sidewalk Grinders &Parts requirements Traditionally been low bidder and ability to SC Signs Traffic Signs &Poles provide supplies in a timely manner School Specialty, Inc. Tiny Tots & Day Camp Responsive vendor with specialty supplies Supplies needed for programs Schorr Metals Supplier of raw metal material Routinely lowest bidder for product Sheri Liebe Contract Gass Instructor - ** See Contract Class Instructor Explanation Youth Dance Silverado Stages Shuttles For Special Events Provides competitive prices and ADA accessible shuttles Simpson Advertising, Inc. Graphic Design Continues to provide graphic design support. Selected through RFP process Skyhawks Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Basketball Smart &Final Food, Rest. Supp. Good prices, specialized products for City events So Cal Sanitation Special Event - Restrooms & Vendor has provided great customer service for Sinks the past 4 years Southwest Sales T -Shirt Printing Consistent low bidder, provides quality and timely service and is a Diamond liar Vendor 5parldetts Water Water Supplies & Equipment Consistently provides good service Rental Sport Pins International, Inc. Pins Consistently low bidder Stanley Louis Co. Boiler Repair Responsive service and competitive prices Star Auto Service Vehicle Maintenance Provides quality and timely service at competitiv( Statewide Traffic Safety & Signs Traffic Signs & Equipment Responsive supplier for road striper Stitches Uniforms Staff Uniforms Lowest price for Birthday shirts 3 years in a row Often a low bidder providing quality, timely Stubbies Promotions Promo Items merchandise. Has artwork on file for a variety of items Subway Meeting Supplies Consistently provides good service in a timely manner Contract Class Instructor - Surendra Mehta ** See Contract Class Instructor Explanation Yoga/Wellness Contract Class Instructor - Tennis Anyone ** See Contract Class Instructor Explanation Tennis The Whole Enchilada Meeting Supplies Consistently provides good service in a timely manner including delivery Tim Smith Contract Class Instructor - ** See Contract Class Instructor Explanation Guitar Event banners, flyers, apparel Consistent low bidder, provides quality and The Sauce Creative Services timely service and has artwork on file for a & promotional items variety of items Contract Class Instructor - Theresa Winecki Adult Fitness (Bootcamp, ** See Contract Class Instructor Explanation Zumba Tony Wang Contract Class Instructor - ** See Contract Class Instructor Explanation Adult Computer Traffic Control Service Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner Traffic Operations Inc Street Striping Most responsive supplier for low quantity orders Trane HVAC Controls Proprietary controls at the DSC and Heritage Community centers Trench Plate Rental Co Steel Plates & K -Rails Rental Responds to after hours emergency services Tri -City Pools DBC Fountain service Lowest bidder, familiar with City equipment TriFytt Sports Youth Sports Contract Class ** See Contract Class Instructor Explanation Tyner Paving Company Asphalt & Concrete Repairs On-call contractor; reasonably priced United Pumping Services Inc Hazardous Waste Removal Only local vendor for hazardous waste clean Valley Trophy Youth Trophies Traditionally lowest Price from bids Vidiflow Audio/Visual Original Installers familiar with proprietary systems VIS Backflow testing Quality service and competitive prices Vulcan Material Company AC hot mix material Local vendor W.W. Grainger, Inc. Specialty Supplies Local vendor with specialty repair materials Walnut Hills Fire Protection Fire extinguisher repair Familiar with City equipment, great service Walnut Vly Unified Schl Distr. Rental Facility - Contract Classes & Sports Facility Use Agreement signed September 1992 Waxie Sanitary Supply Janitorial supplies Competitive pricing, offers periodic training WellDune Rx Sharps recycling svcs. Vendor works with Waste Management Weisenbach Recycled Products Recycling Promotional Items Ability to provide a wide variety of promotional items made from recycled materials White Cap Road Maint Materials & Only local vendor specialized in street Equipment construction materials World Wide Bingo Bingo supplier Lowest price in 3 years of bidding and great service Young Rembrandts Contract Class Instructor - ** See Contract Class Instructor Explanation Youth Art Classes Zumar Traffic Signs Great prices on large quantity orders "Instructor meets the requirements of the contract class program: successful completion of instructor application, CITY COUNCIL Agenda # 615 -Revised Meeting Date: Janua21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mantofl$l TITLE: appropriate 156,613 from Fund Reserves and Authorize Hardy Harper, Inc. in the amount 2,376.00; and, Authorize a 10% Contingency ($14,237.60) to remove parkway garbs throughout the City. RECOMMENDATION: Appropriate and Authorize. FINANCIAL IMPACT: There are sufficient General Fund Reserves for this one time expenditure. BACKGROUND: Prior to City incorporation in 1989, various housing tracts were developed and constructed throughout the City under the authority of Los Angeles County. In many areas of the City the topography is such that residential developers had to address surface storm runoff. It appears that one solution was to install raised concrete curbs in the parkway (typically between the street and the sidewalk) perpendicular to the street. In theory, rain water would traverse these areas, hit the curb and be diverted into the curb and gutter of the adjacent street. Since these curbs were originally installed, some homeowners have made improvements to the parkway area. Many of these improvements appear to have been constructed prior to incorporation and possibly without proper permits or other documentation. These improvements include replacing landscaping with concrete or brick or other hard pavement surfaces. In these instances, the improved parkway abuts the sidewalk making it difficult to discern where the sidewalk starts and stops compared to the adjacent improved parkway. CITY COUNCIL Agenda # 6 .15 Meeting Date: January 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mar TITLE: Appropriate $156,613 from Gener I Fund Reserves; Award of Contract to Hardy & Harper, Inc. in the amount of $142,376.00 and Authorize a 10% Contingency ($14,237.00) for removal of parkway curbs throughout the City. RECOMMENDATION: Appropriate Funds and Approve Contract FINANCIAL IMPACT: There are sufficient General Fund Reserves for this one time expenditure. BACKGROUND: Prior to City incorporation in 1989, various housing tracts were developed and constructed throughout the City under the authority of Los Angeles County. In many areas of the City the topography is such that residential developers had to address surface storm runoff. It appears that one solution was to install raised concrete curbs in the parkway (typically between the street and the sidewalk) perpendicular to the street. In theory, rain water would traverse these areas, hit the curb and be diverted into the curb and gutter of the adjacent street. Since these curbs were originally installed, some homeowners have made improvements to the parkway area. Many of these improvements appear to have been constructed prior to incorporation and possibly without proper permits or other documentation. These improvements include replacing landscaping with concrete or brick or other hard pavement surfaces. In these instances, the improved parkway abuts the sidewalk making it difficult to discern where the sidewalk starts and stops compared to the adjacent improve parkway. DISCUSSION: City staff has conducted an extensive inventory of the curbs, documented all the location of all the curbs throughout the City and overlaid these exact locations on the City's GIS map (see attached). This extensive inventory was completed over a few months utilizing part time City employees. The information collected was provided to the City's on call maintenance contractor, Hardy & Harper. Based on the information provided, Hardy & Harper provided the attached proposal to remove the curbs for $142,376. Since these curbs are located throughout the City and there are a variety of materials in the parkways, City staff recommends a contingency authorization of 10% (14,237.00) to address unexpected conditions in the field. If approved by Council, the contractor will remove the raised curbs throughout the City and replace it with a flat concrete strip. Once work commences, it is anticipated that the removal of all curbs can be completed within 45-60 calendar days. Removal of the curbs will make use of the sidewalks safer for pedestrians. PREPARED BY: DavO Doyle, Asst, City Manager Attachments 3 1a12 E. WARNER AV E. SANTA ANA, CALIFORNIA 92705 (714f 344-1651 Fax [714j 444.2$0'1 STATE LIG. NO. 215582 ATTN: JORGE GARCIA CITY OF DIAMOND BAR 21825 E. COPLEY DR. DIAMOND BAR CA 91765 Proposal #: 54488 Page 1 of 2 MEMBER OF: Associated General Contractors of America Tustin Chamber of Commerce Better Business Bureau Date: 11-14-21313 Job Name 1 Location: VARIOUS LOCATIONS -DIAMOND BAR We propose to furnish required labor, material and equipment to perform the folloW4ng described work in a good and workman -like manner. REVISED 11114113 1. REMOVE EXIST. RAISED CURB WITH PAD & POUR NEW 4" THICK FCC PAD APPROX. (500) LOCATIONS APPROX. 7,696 SF @ $18.50 PER SF ... ....... $142,376.00 EXCLUSIONS: ASPHALT SLOTS NOTES: 1, BID BASED ON (1) MOVE -IN. INCLUSIONS: 1. LABOR, EQUIPMENT & MATERIAL 2. $## FOR EACH ADDITIONAL PAVING MOVEISHIFT 3. PRICE GOOD THROUGH 3130/2014. EXCLUSIONS: 1. QCQA, ARHM, TESTING, REPORTS, ENGINEERING, PERMITS, BONDS, FEES, INSPECTION FEES, SWPPP, LAYOUT, SURVEY, SWEEPER 2. TEMP AC, SLOT PATCH, MEDIAN PAVING, SAWCUTTING, CRACKFILL, PAVEMENT FABRIC, REDWOOD HEADER, SPEED BUMPS 3. TRAFFIC CONTROL, TRAFFIC CONTROL PLANS, SIGNS & CMS BOARD, STRIPING AND SIGNAGE, PCG BACKFILL, LEVEL COURSE 4. IMPORT & EXPORT, SUBGRADE REMOVAL & COMPACTION, SUBGRADE PREP, GRADING, FINE GRADING, DEWATERING 5. PROTECTION OF EXST, UTILITIES, UTILITY ADJUSTMENTS, SEAL COAT, SLURRY, PRIME COAT, WEEDKILL, IRRIGATION REPAIR 6. DRAINAGE REQUIREMENTS WITH LESS THAN .75% FALL, PROFILIOGRAPH, MUST GRINDS, COLDMILL, HAZARDOUS WASTE TOTAL PROPOSAL AMOUNT-, $ 942,376.00 This proposal is a two page agreement and Is subject to all Terms and Conditions on Page 2, HARDY & HARPER INC. Owner or Contractor (Title) By: 8" X.J. Name of Lender Steve Kirschner Estimator (NAME) (TITLE) Ic - M- 7F TlTmrx�m ATTN JORGE GARCIA CITY OF DIAMOND BAR 21825 E. COPLEY DR. DIAMOND BAR CA 91765 TERMS AND CONDITIONS OF CONTRACT: Proposal 54488 r^ MEMBER OF: Associated General Contractors of America Tustin Chamber of Commerce Better Business Bureau Date: 11-14-2013 Job Name I Location: VARIOUS LOCATIONS -DIAMOND BAR In this agreement Contractor means Hardy & Harper, Inc. and owner means owner and/or any general contractor andlor agent or owner. This is a proposal per owners request, not a complete property evaluation. 1, Standard Exclusions: Engineering, Soils Test, Permits, Compaction Test and/or Inspection Fees unless noted. 2. Prices are firm for thirty(30) days from the date of the proposal unless otherwise stated, 3. Dwner agrees to indemnify contractor from any claim or suit for bodily injury or property damage arEsing from the design construction or installation of speed bumps or wheel stops, 4, Any changes required by owner shall be authorized in writing and paid by owner at contractor's prevailing rates unless quoted and agreed upon in writing, 5, Owner agrees to furnish to jobsite necessary and adequate water supply at owners expense, 6, Contractor assumes no liability for damage to underground pipes, septic tanks, cesspools or other underground structures; and any extra expense caused by the contractor by the existance or location thereof shall be charged to buyer. 7, Owner agrees to pay attorney's and court costs in event suit is instituted to collect amounts due contractor, 8, 9 work is performed according to owner's specificatlons of labor and materials, contractor does not assume responsibility for the defects. 9. If work is to be performed by contractor to provide labor and material in a workmanlike manner to accomplish the owner's purposes, contractor agrees to repair or replace any defects of which owner gives notice to contractor within 5 days after completion of work. 10. Delays or damage caused by building trades other than contractor not employed by contractor, shall be owners responsibility. 11. Contractor shall be responsible for clean-up and removal of contractors work and materials only. 12. If asphalt compaction tests are required by customer or agency, these must be performed while asphalt is being laid. Tests performed at a later date are not an acceptable method, and we assume no responsibility for those results, 13. Contractor is not responsible for proper drainage if grade is less than 1 %. 14. Grades are to be furnished plus and minus one tenth (.10) of a foot with dirt to balance. 15. Jobsite must be acessable to heavy equipment. NOTICE [S HEREBY GIVEN THAT WORK AND MATERIAL FURNISHED BY CONTRACTOR MAY SUBJECT THE PROPERTY ON WHICH SAID WORK IS PERFORMED TO THE LIEN LAWS OF THE STATE OF CALIFORNIA PURSUANT TO SECTION 1193 OF THE CODE OF CMI. PROCEDURE OF SAID STATE. CUSTOMER ACKNOWLEDGES THAT HE HAS RECEIVED A LEGIBLE COPY OF THIS TWO PAGE PROPOSAL. Payment in full upon completion or it is agreed that 1 % per month will be charged when account becomes overdue, CITY COUNCIL Agenda # 6 . 16 a Meeting Date: Janual y 21, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE NOTICE OF C MPLETION FOR MODIFICATION PROJECT AT GRAND AVENUE AND DRIVE RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. BACKGROUNDIDISCUSSION: THE MEDIAN SUMMITRIDGE The City Council awarded a construction contract to L.M.T Enterprises DBA Tyner Paving Company on September 17, 2013 in an amount of $28,581.20 with a contingency amount of $7,000.00 for a total authorization amount of $35,581.20. The City authorized the Notice to Proceed for the construction on November 4, 2013. L.M.T Enterprises DBA Tyner Paving Company has completed all work required in accordance with the plans and specifications approved by the City. The modification realigned the eastbound median nose to improve the line of sight for eastbound vehicles making left turns from Grand Avenue onto Summitridge Drive. The final construction cost of the project is $24,875.68 is $10,705.52 under budget. No contract change orders were issued for this project. PREPARED BY: Christian Malpica, Associate Engineer REVIEWAB- David G. Liu, Director of Public Works Attachments: Notice of Completion Date Prepared: January 15, 2014 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21814 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTEN'T'ION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address ofthe owner is 21$10 Copley Drive Diamond Bar CA 91765 4. The nature ofthe interest or estate of the owner is; "In fee" • {If other than fee, strike "In fee" and insert, forexarnple, "purchaser under contract ofpun:hase," or "Iessee") 5. The full names and frill addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common art: NAMES .ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 2, 2013. The work done was: The Grand AvenuelSummitridge Drive Raised Median Modification Project allowed for realignment of the median nose to improve the line of sight for vehicles making left turns from Grand Avenue into Summitrid e Drive. 7. The name of the contractor, if any, for such work ofimprovement was L,M.T Enterprises DBA Tyner,Paving Company_ Se temher 17 2013 (If no contractor for work of improvement as a whole, insert "none") (Date of Contract) $. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Grand Avenue and Summitrid e Drive, 9. The street address of said property is "none" Dated: Verification for Individual Owner (Ifnastrcaaddre,shasbeenofficiaflyassigned,insert"Donei CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ("resident of', "Manager of," "A partner of `owner of," cto.) notice of completion; I have read said notice of completion and know the contests thereof, the same is true ofmy own knowledge. I declare under penalty of perjury that the foregoing is true and correct Executed on 20 -at... Diamond Bar California. (Date ofsignature) (City where signed) (Personal signatuw of the individual who is swearing that the contents of the notice of rotnpletion are true) DO NOT RECORD Agency.; 9 6.16 b Meeting Date: January 21, 2014 CITY COUNCIL AGENDA REPORT �9Sg TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M IOMPLETION TITLE: APPROVE NOTICE OF MODIFICATION PROJECT AT DIAMOND SILVER HAWK DRIVE RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. BACKGROUNDIDISCUSSION: FOR THE MEDIAN BAR BOULEVARD AND The City Council awarded a construction contract to L.M.T Enterprises DBA Tyner Paving Company on September 17, 2013 in an amount of $35,659.55 with a contingency amount of $6,000.00 for a total authorization amount of $41,659.55. The City authorized the Notice to Proceed for the construction on November 4, 2013. L.M.T Enterprises DBA Tyner Paving Company has completed all work required in accordance with the plans and specifications approved by the City. The median modification realigned the northbound median nose to improve the line of sight for northbound vehicles making left turns from Diamond Bar Boulevard onto Silver Hawk Drive. The final construction cost of the project is $33,574.16 is $8,085.39 under budget. No contract change orders were issued for this project. PREPARED BY: Christian Malpica, Associate Engineer REVIEWED David G. , irector of Public Works Attachments: Notice of Completion Date Prepared: January 15, 2014 RECORDING REQUESTED BY .AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DLkMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be, filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full natne of the owner is City of Diamond Bar 3. The full address of the owner is _ _ .. 21810 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; " (If other than fee, strike "hr fee" and insert, for example, `purchaser undercontract of purchase," or "Iessee � 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES .ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 3, 2013. The work done was: The Diamond Bar Boulevard/Silver Hawk Drive Raised Median Modification Pro"ect allowed for realignment of the median nose to improve the line of sight for vehicles making left turns from Diamond Bar Boulevard into Silver Hawk Drive. T The name of the contractor, if any, for such work of improvement was L.M.T Enterprises DBA Tyner Paving Company September 17 2013 (tf no contractor for work of improvement as a whole, insert "none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Diamond Bar Boulevard and Silver Hawk Drive. 9. The street address of said property is Dated: Verification for Individual Owner (if no street address has been officially assigned, insert "none') CITY OF DIAMOND BAR Signature of owner or corporate officer of ownernamed in paragraph 2 or bis agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ('resident of', "Manager of," "A partner of," "Ovmer of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 , at Diamond Bar California. (Rate of sigtature} (City where signed) (Personal signature of the individuai who is swearing thatthe contents of the notice of completion are true) DO NOT RECORD CITY COUNCIL RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE 2013-2021HOUSING ELEMENT UPDATE (GENERAL PLAN AMENDMENT NO. PL2013-550). A.RECITALS 1.On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2.State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elementsof theirGeneral Plansfor the 2013-2021planning period. 3.On November 7, 2013 a public workshop washeld to review issues to be addressed inthe Housing Element updateand provide an opportunity for interested members of the community to express concerns and offer recommendations. 4.On November 26,2013the Planning Commission held duly noticed public hearingto review the 2013-2021Housing Element update, and at the conclusion of that public hearing adopted a resolution recommending its adoption by the City Council. 5.As required by state law, the Draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review,and in its letter ofJanuary 14, 2014,HCD determined that the Draft Housing Element addresses the statutory requirements and will comply with state housing law when adopted. 6.The 2013-2021 Housing Element update is exemptfrom the requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Draft 2013-2021 Housing Element does not propose any new policies or programs that would change any land use or development. It can therefore be seen with certainty that there is no possibility that its adoption would have a significant effect on the environment. City Council Resolution No. 2014-XX 1 7.On January21, 2014, the City Council conducted a duly noticed public hearing to consider General Plan Amendment No. PL2013-550. 8.The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 9.Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley TribuneandInland Valley Daily Bulletinnewspapers on January 10, 2014, in aone-eighth page legal advertisement. Also, three other public places were posted. 10.All legal prerequisites to the adoption of this resolution have occurred. B.RESOLUTION NOW, THEREFORE, it is hereby 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. 2.The City Council finds and determines that General Plan Amendment No.PL2013-550 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. 3.The City Council, after due consideration of public testimony, staff analysis and the Council’s deliberations,has determined that General Plan Amendment No. PL2013-550for the 2013-2021Housing Element, attached hereto as Exhibit "A" and incorporated by reference into this Resolution, satisfies all of the requirements of state lawand is hereby adopted. The City Clerk shall: (a)Certify as to the adoption of this Resolution; and (b)Distribute copies of the 2013-2021Housing Element of the General Plan of the City of Diamond Bar as set forth in Section 65357 of the California Government Code. City Council Resolution No. 2014-XX 2 st PASSED, APPROVED AND ADOPTEDTHIS21DAY OF JANUARY2014, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: _____________________________ Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of st the City of Diamond Bar, at a regular meeting of the City Council held on the 21day of January2014, by the following vote: AYES:Council Member: NOES:Council Member: ABSTAIN:Council Member: ABSENT:Council Member: ATTEST: _____________________________________ Tommye Cribbins, City Clerk City of Diamond Bar Exhibit A:2013-2021 Housing Element City Council Resolution No. 2014-XX 3 ORDINANCE NO. 01(2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE “C-3-PD/HOTEL” OVERLAY ZONING DISTRICT AND AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE ZONING DESIGNATION FROM “C-3” TO “C-3-PD/ HOTEL OVERLAY” ON THOSE PARCELS IN THE CITY OF DIAMOND BAR BOUNDED BY GRAND AVENUE, OLD BREA CANYON ROAD AND CALIFORNIA STATE ROUTE 57/60 (APNs 8719-020-001, 8719-020-006 AND 8719-020-007). A.RECITALS The intent of the C-3-PD/Hotel OverlayZoning District(“Overlay”) is to promote and facilitate the orderly redevelopment of a prominent, freeway offramp- adjacent site, formerly occupied by an automobile dealership, in a manner consistent with the City Council’s adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states, “(i)dentify specific development opportunities and develop Specific Plans to revitalize the Kmart and Honda property areas in a way that provides the greatest net benefit to the community.” Because of the commercial development opportunities afforded to the Overlay as a result of its accessibility to the highest traffic volumes in the City, and in furtherance of the Council’s Goals and Objectives, careful land use planning is critically important to help ensure that those opportunities are attained and maximized. The CityCouncil of the City of Diamond Bar findsthat, based on the criteria set forth in the City Council’s Goals and Objectives, the highest and best use for the Overlay is a hotel. As such, any land use plan formulated for the Overlay shall include a hotel as the primary use. The product type, size and configuration of the hotel shall be determined through careful market analysisand the developer's proposal. Secondary uses will be considered by the City for approval if such uses supporthotel operations, or for which themarket analysis demonstrates that such secondary uses are necessary to make the costs of constructing and operating a hotel financially feasible. The establishment of the Overlay is exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQAGuidelines Sections15061(b)(3),in that the Overlay does not expand the range of uses already identified as permitted or conditionally permitted in the underlying C-3 zone. -1- B.ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1.Pursuant to Municipal Code Chapter 22.14, the C-3-PD/HotelOverlay Zoning District is hereby created. 2.The Official Zoning Map is hereby amended to change thezoning designation of the parcels described in the title of this Ordinance and depicted in the attached Exhibit A-2, to C-3-PD/Hotel,as shown inthe attached Exhibit A-1. 3.A new Section 22.14.040 shall be added to the Municipal Code governing the use and development of land within the Overlay as set forth in the attached Exhibit B. 4.Table 2-1 in the Municipal Code shall be revised to add the C-3-PD/Hotel to the Overlay Districts, as follows: Overlay Districts PDPlanned DevelopmentAll C-3-PD/Hotel (2)Hotel OverlayGeneral Commercial Notes: (2) See Section 22.14.040 and Chapter 22.32 5.If anysection, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of Diamond Barhereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. 6.TheCity Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. -2- PASSED, APPROVED AND ADOPTED THIS ____DAY OF ___________2014, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: ___________________________________ Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinancewas duly introduced at a regular meeting of the City Council of the City of Diamond Bar heldon the ____day of __________, 2014and was finally passed at a regular meeting of the City Council held on the ____day of ________, 2014, by the following vote: AYES:Council Members: NOES:Council Members: ABSENT:Council Members: ABSTAIN:Council Members: ATTEST:APPROVED AS TO FORM: _______________________________________________________ Tommye CribbinsDavid A. DeBerry City ClerkCity Attorney -3- EXHIBIT “A-1” -4- EXHIBIT “A-2” Parcels Comprising the Zoning District C-3-PD/Hotel Overlay (Assessor’s Parcel Nos. 8719-020-001, 06 & 07) -5- EXHIBIT B Sec.22.14.040. Adopted PD Overlay Districts (a) C-3-PD Hotel Overlay. (1)Purpose.The intent of the C-3-PD/Hotel Overlay (“Overlay”) is to promote and facilitate the orderly redevelopment of a prominent, freeway offramp-adjacent site, formerly occupied by an automobile dealership, in a manner consistent with the City Council’s adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states, “(i)dentify specific development opportunities and develop Specific Plans to revitalize the K-Mart and Honda property areas in a way that provides the greatest net benefit to the community.” Because of the commercial development opportunities afforded to the Overlay as a result of its accessibility to the highest traffic volumes in the City, and in furtherance of the Council’s Goals and Objectives, careful land use planning is critically important to help ensure that those opportunities are attained and maximized. The City Council foundthat the highest and best use for the Overlay is a hotel. As such, any land use plan formulated for the Overlay shall include a hotel as the primary use. The product type, size and configuration of the hotel shall be determined through careful market analysis. Secondary uses will be considered by the City for approval only if such uses support hotel operations, or for which themarket analysis can demonstrate that such secondary uses are necessary to makethe costs of constructing and operating a hotel financially feasible. (2)Existing buildings. a.“Existing buildings” are defined as those buildings lawfully existing within the C-3- PD/Hotel Overlay on theeffective date of this section. Existing buildings may be occupied by uses permitted or conditionally permitted in the C-3 district, unless such a use is expressly prohibited by this ordinance. b.The interiors of existing buildings may be retrofitted or renovated to accommodate such uses; however, no existing building may be enlarged, and no new buildings shall be established, except as set forth below. c.Exteriorcolors of existing buildings may be modified, subject to City approval, and exterior signs may be modified or replaced in accordance with Chapter 22.36 (Sign Standards). No other exterior structural or architectural modification to existing buildings shall be permitted, unless expressly authorized pursuant to an approved master development plan as set forth below. -6- (3)New development. a.A master plan for development shall be submitted to the City for review and approval prior to the issuance of grading or building permits for any construction resulting in additional floor area, and/or new floor area to replace buildings intended for demolition. The master plan shall include text, diagrams and any other exhibits as needed to fully define the scope of the plan. b.Amarket study prepared by a qualified economic analyst shall be utilized in the formulation of the master plan. The market study shall be utilized to assist in assessing the feasibility of the master plan. Factors to be evaluated in the market study shall include, but not be limited to: (i)Market scenarios for properties surrounding the Overlay. (ii)Evaluation of site capacity in order to estimate the physical limitations of the Overlay. (iii)Vehicle capacity of roads which will access the Overlay, including planned freeway and other relevant roadway expansions. (iv)Financial analysis incorporating estimates of the development costs and projected revenues in order to assess developer returns (e.g., residual land value, internal rate of return, and return on total cost). (v)Highest and best use strategies capable of yielding the highest net benefit to the community consistent with financial feasibility and reasonable economic return. c.As provided under Chapter 22.14, the proposed master plan may include modifications to the development standards applicable to the underlying C-3 district. d.As specified in Chapter 22.14, the master plan proposal shall be submitted to the City as a Conditional Use Permit in accordance with procedures set forth in Chapter 22.48. Alternatively, the master plan may be submitted as a Specific Plan in accordance with the procedures set forth in Chapter 22.60. e.As a condition of master plan approval, building permits for the hotel shall be secured and construction of the hotel shall commence prior to the establishment of any approved non-hotel uses. Alternatively, the property owner(s) and City may enter into a development agreement pursuant to Development Code Chapter 22.62 which prescribes the terms under which occupancy of non-hotel uses may occur prior to commencement of hotel construction. The meaning of the term “commencement of construction” shall be precisely defined in the development agreement. (b)Non-codified overlays. Overlay districts not listed in this chapter which are identified on the official zoning map are incorporated herein by reference. -7- SCHEME B 7.37 AC SCHEME A 4.09 AC 57,500 10.0 57,000 9.9 56,500 9.8 4/1/2010 4/1/2000 9.8 million 56,000 9.7 56,287 55,500 9.6 4/1/2010 55,544 4/1/2000 55,000 9.5 9.5 million Diamond Bar 54,500 9.4 Los Angeles County 54,000 9.3 37.3 38 36.8 36.6 36 5 mile 34 10 mile 32.3 15 mile 32 LA County 30 28 2000 2010 2012 2017 Year 100% 80% 80% 60% 50% 60% 42% 40% 17% 20% 0% 7% 1% -20% -10% -18% -22% -24% -40% -29% 5 Mile 10 Mile 15 Mile LA County 34,000 10.0 9.1K 8.8K 8.3K 9.0 33,000 8.0 Employment Rate, % 32,000 7.0 Labor Force, Employment 5.3K 6.0 31,000 4.9K 4.8K 4.6K 5.0 4.0K 3.8K 3.8K 3.6K 30,000 3.4K 4.0 3.0 29,000 2.0 28,000 1.0 27,000 0.0 Labor Force EmploymentUnemployment Rate 5,000,000 14 12.6 12.3 11.6 12 10.9 4,800,000 Unemployment Rate (%) 10 Labor Force, Employment 4,600,000 7.5 8 7.0 6.8 6.5 4,400,000 5.7 5.4 5.4 5.1 6 4.8 4,200,000 4 4,000,000 2 3,800,000 0 Labor Force Employment Unemployment Rate $45 25% Average Annual Asking Rent (NNN $38.62 $37.68 $40 20.2% 19.5% 19.4% 18.9% $34.51 $34.55 20% $35 $32.12 17.2% $31.82 $31.10 $29.01 Vacancy Rate $30 13.5% 15% $PSF) $25 11.2% 11.0% $20 10% $15 $10 5% $5 $0 0% 2006 4Q 2007 4Q 2008 4Q 2009 4Q 2010 4Q 2011 4Q 2012 4Q 2013 QTD LA County Asking Rent LA County Vacancy Rate 18.9 20.0 18.2 Deliveries Average Delivered SF 17.0 14.7 Millions of Square Feet 13.913.9 13.9 15.0 11.0 9.9 9.4 10.0 5.3 4.7 4.4 4.3 5.0 3.7 3.5 3.5 3.4 2.8 2.5 2.4 2.3 2.1 1.8 1.5 1.5 1.5 1.1 1.1 1.1 0.8 0.8 0.0 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 20002001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 $40 $35.80 $33.43 Average Annual Rent ($PSF) $32.57 $31.48 $35 $27.61 $27.38 $27.23 $26.13 $30 $25 $20 $15 $10 $5 $0 2006 4Q 2007 4Q 2008 4Q 2009 4Q 2010 4Q 2011 4Q 2012 4Q 2013 QTD Class A Class B Class C 600,000 10.9% 11.6%11.6% 11.5% 11.9%11.2% 476,225 500,000 10% 400,000 6.8% 401,748 5.4% Absorption and Deliveries (SF) 300,000 5% 292,318 278,642 200,000 Vacancy Rate (%) 121,692 106,969 192,472 92,214 100,000 140,000 135,652 118,104 12,996 47,750 0 0% 2006 2007 2008 2009 2010 2011 2012 2013 QTD (100,000) (73,227) (77,050) (200,000) -5% (300,000) (400,000) (360,947) (500,000) -10% Net Absorption (SF) Deliveries (SF) Vacancy (%) $35 $32.83 14% Average Annual Asking Rent (NNN $PSF) $30.41 12.0% $28.14 $30 12% $27.63 $25.60 $24.97 $23.66 $23.07 $25 10% 11.2% Vacancy Rate 10.5% 10.3% 10.3% $20 8% 7.5% $15 6% 6.5% 5.9% $10 4% $5 2% $0 0% 2006 4Q 2007 4Q 2008 4Q 2009 4Q 2010 4Q2011 4Q 2012 4Q 2013 QTD Average Asking Rent (NNN $PSF) Vacancy Rate 200,000 12% 11.2% 12.0% 10.5% 10.3% 10.3% 150,000 9% 7.5% 5.9% 6.5% 138,449 Absorption and Deliveries (SF) 100,000 6% 112,448 Vacancy Rate (%) 38,498 50,000 3% 33,977 36,666 2,923 26,315 4 0 0 0 0 0 0 0% 2006 4Q 2007 4Q 2008 4Q 2009 4Q 2010 4Q 2011 4Q 2012 4Q 2013 QTD (18,344) (20,248) (50,000) -3% (100,000) -6% (94,952) (150,000) -9% Net Absorption (SF) RBA DeliveredDeliveries (SF) Vacancy (%) Distance Rack Rate: Rack Rate: from Site Monday Friday (May Visitor Meeting 6 (miles) Rooms (May 2013) 2013) Orientation Space (SF) 1.0 Ayres Suites Diamond Bar 101 $ 129 $ 129 Business 1,130 1.5 Best Western Diamond Bar 97 $ 86 $ 88 Business 1,568 15.0 Doubletree Claremont 190 $ 149 $ 169 VFR 12,000 1.0 Holiday Inn Diamond Bar 176 $ 103 $ 110 VFR 5,800 Kellogg West Conference 4.0 Center & Hotel 85 $ 109 $ 84 Business/VFR 12,800 6.0 Park Inn Covina 258 $ 88 $ 97 Leisure 9,000 Pacific Palms Conference 7.5 Resort 300 $ 169 $ 169 Business 45,000 3.5 Quality Inn and Suites Walnut 92 $ 95 $ 99 Leisure 966 3.0 Shilo Inn Hilltop 129 $ 81 $ 81 Leisure 8,000 Sheraton Fairplex Hotel and 7.0 Conference Center 244 $ 139 $ 169 Business 91,000 Distance from Service Type/ Pool/ Site (miles) Hotel Class Level Ownership Spa Fitness Ayres Suites Diamond Bar 1.0 Upper Midscale Limited Chain - Local Y Y Best Western Diamond Bar 1.5 Midscale Full Chain - National Y Y Doubletree Claremont 15.0 Upscale Full Chain - National Y Y Holiday Inn Diamond Bar 1.0 Upper Midscale Full Chain - National Y Y Kellogg West Conference University, non- Center & Hotel 4.0 Economy Full profit Y Y Park Inn Covina 6.0 Upper Midscale Full d.n.a. Y Y Pacific Palms Conference Resort 7.5 Upscale Full d.n.a. Y Y Quality Inn and Suites Walnut 3.5 Midscale Limited Chain - National Y Y Shilo Inn Hilltop 3.0 Upper Midscale Full Chain Y Y Sheraton Fairplex Hotel and Conference Center 7.0 Upper Upscale Full Chain - National Y Y City Location Description AECOM Stadium Scenario: Site Plan (1 diagram) and Massing Studies (4 diagrams) November 2013 Highest and Best Use Analysis 53 MINUTES OF THE CITY OF DIAMOND BAR SPECIALMEETING OF THE PLANNING COMMISSION DECEMBER 19, 2013 CALL TO ORDER: Vice Chairman Frank Faragocalled the special meeting to order at 7:00p.m. in the City Hall Windmill Room,21810Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Dhingraled the Pledge of Allegiance. 1.ROLL CALL: Present:CommissionersAshok Dhingra, Jack Shah,and ViceChairman Frank Farago Absent:Commissioner Jimmy Lin was excused. Also present:Greg Gubman, Community Development Director; Dave DeBerry,City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2.MATTERS FROMTHE AUDIENCE/PUBLIC COMMENTS: None 3.APPROVAL OF AGENDA: As presented 4.CONSENT CALENDAR: 4.1Minutes of the November 26, 2013 Regular Meeting. C/Dhingra moved, C/Shahseconded, to approve the November 12, 2013, regular meeting minutes as presented.Motion carried by the following Roll Call vote: AYES:COMMISSIONERS:Dhingra,Shah, VC/Farago NOES:COMMISSIONERS:None ABSENT:COMMISSIONERS:Lin 5.OLD BUSINESS: None 6.NEW BUSINESS: None 7.CONTINUED PUBLIC HEARING(S): 7.1Conditional Use Permit No. PL2013-380 –Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.58 the applicant, James Hahn, Diamond Bar CrossFit, requested approval of a Conditional Use Permit for a 3,000 square-foot fitness studio in a 36,454 square foot shopping center. The __________________________________________________________________________________ DECEMBER 19, 2013PAGE 2SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ subject property is zoned Regional Commercial (C-3) with a consistent underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS:303 S. Diamond Bar Boulevard, Unit M Diamond Bar, CA 91765 PROPERTY OWNER:Phoenix Gluck LP 210 Santa Monica Boulevard Santa Monica, CA 90401 APPLICANT:James Hahn 303 S. Diamond Bar Boulevard, Unit M Diamond Bar, CA 91765 AP/Tobon presented staff’s report and recommended Planning Commission approval of Conditional Use Permit No. PL2013-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. CDD/Gubman stated that the owners of the Kmart portion of this site contacted him to express concerns about available parking for the Kmart Center. Looking at the aerials it appears that when one is on the site that Kmart and the inline building where CrossFit and other tenants are located are part of a single shopping center. Thesite is actually comprised of two parcels. The aerial photo shows how the parking lot is not heavilyburdened with vehicles. VC/Farago opened the public hearing. James Hahn, ownerofDiamond Bar CrossFit, thanked AP/Tobon for working with himandhis partner to determine how best to operate in a legal and lawful fashion. As soon as they were notified that they were operating outside of the legal bounds they immediately commenced to rectify and comply with the mandates of the City. With respect toKmart’s concern about the impact to the parking on their side of the parcel, he stated with certainty having worked with each member individually, that none have ever or will ever park on the Kmart side unless they are in need of Kmart goods and services. C/Dhingra asked if the owners accept the conditions of approval including the condition to remove the existing banner and replaceit with a permanent sign by January 17, 2014,and Mr. Hahn responded affirmatively. VC/Farago closed the public hearing. __________________________________________________________________________________ DECEMBER 19, 2013PAGE 3SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ C/Shah asked if the parking requirement identified by staff (total 36,454) is for the yellow highlighted area and AP/Tobon responded affirmatively stating that all of the parking for the center is calculated together except for Diamond Bar Crossfit which is separated out. C/Shahmoved, C/Dhingra seconded, to approve Conditional Use Permit No. PL2013-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motioncarried by the following Roll Call vote: AYES:COMMISSIONERS:Dhingra, Shah, VC/Farago NOES:COMMISSIONERS:None ABSENT:COMMISSIONERS:Lin 7.2Tentative Tract Map No. 72351 and Development Review No.PL2013-282 – Applicant Preston Chan, CGM Development, Inc., requested approval of a Development Review to modify the exterior façade and add a 799 square foot lobby area to an existing 25,864 square foot office building on a 1.40 gross acre lot. A Tentative Tract Map was also requested to convert the existing building into office condominiums and subdivide air space for 19 units. The property is zoned Office Professional (OP) with an underlying General Plan land use designation of Commercial Office. PROJECT ADDRESS:660 N. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER:Peichin Lee DB Office Investment, LLC 17528 E. Rowland Street City of Industry, CA 91748 APPLICANT:Preston Chan CGM Development, Inc. 17528 E. Rowland Street City of Industry, CA 91748 SP/Lee presented staff’s report and recommended that the Planning Commission adopt the resolution approving Development Review No.PL2013-282 based on the findings of Diamond Bar Municipal Code Section22.48 and subject to conditions. Staff also recommended adoption of the resolution recommending approval of TentativeTract Map No.72351 to the City Council, based on the findings of Diamond Bar Municipal Code __________________________________________________________________________________ DECEMBER 19, 2013PAGE 4SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ Section22.20.080, subject to the conditions of approval as listed within the draft resolution. C/Shah asked if staff required a traffic analysis report and where it got the trip generation information. AP/Lee responded that the applicant’s traffic engineer prepared a response stating that the medical office uses would generate less than 200 trips which falls under the threshold that would trigger a traffic analysis report. C/Shah asked if the new elevator would accommodate a gurney. AP/Lee said she is not aware of those details; however, the applicant has concurrently submitted for building plan check and the plans were reviewed by Building and SafetyDepartment. C/Dhingra asked for confirmation of the parking area requirements based on square footage of the building. CDD/Gubman responded that the square footage should be 26,663. However, the parking calculations are based on the subtotal square footages and associated parking ratios. Although there is a typographical error in the total square footage all other calculations and measurements are correct. C/Dhingra thanked staff for the clarification. VC/Farago opened the public hearing. With no one present who wished to speak on this item, VC/Farago closed the public hearing. C/Dhingramoved, C/Shah seconded, toadopt the resolution approving Development Review No.PL2013-282 based on the findings of Diamond Bar Municipal Code Section22.48 and subject to conditions. C/Dhingra moved, C/Shah seconded to recommend adoption of the resolution recommending approval of Tentative Tract Map No.72351 to the City Council, based on the findings of Diamond Bar Municipal Code Section22.20.080, subject to the conditions of approval as listed within the draft resolution. Motion carried by the following Roll Call vote: AYES:COMMISSIONERS:Dhingra, Shah, VC/Farago NOES:COMMISSIONERS:None ABSENT:COMMISSIONERS:Lin 7.3Zone ChangeNo. PL2013-603 –Under the authority of Diamond Bar Municipal Code Chapter 22.14, the City proposes to establish an overlay zoning district, hereafter titled the “C-3-PD/Hotel Overlay” (“Overlay”) to promote and facilitate the orderly redevelopment of a prominent freeway off-ramp adjacent site formerly occupied by an automobile dealership in a manner consistent with the __________________________________________________________________________________ DECEMBER 19, 2013PAGE 5SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ City Council’s adopted Goals and Objectives, most notably the Fiscal Responsibility/Economic Development goal which states: “Identify and implement development opportunities for the former Honda property that will result in the greatest net benefit to the community.” If the proposed zone change is adopted, any land use plan formulated within the Overlay shall include a hotel as the primary use. Secondary uses shall be limited to those already permitted or conditionally permitted in the underlying C- 3 district, except for uses expressly prohibited in the Overlay, existing buildings within the Overlay may be occupied by uses permitted or conditionally permitted in the C-3 district, except for such uses that are expressly prohibited in the Overlay, without a hotel as the primary use provided that no existing building is enlarged and no new buildings are established. PROJECT ADDRESS:Northwest Corner ofthe SR60/ Grand AvenueInterchange LEAD AGENCY/City of Diamond Bar PROJECT APPLICANT:Community Development Department 21810 Copley Drive Diamond Bar, CA 91765 CDD/Gubman stated that the subject property is the old Honda site. Prior to its closure in mid-2008 this was the site of a very successful Honda Dealership, andaBurger King restaurant that closed last year. The Honda Dealership was, by far, the City’s highest tax revenue generator and it closed because corporate compelled the dealer to modernize and enlarge its facility which resulted in a move to a new location outside of the City resulting in the vacation of the Diamond Bar site. Since that time, the City has been very concerned about that fate of the property and has pursued economic development opportunities that are uniquely suited and afforded to the site such as freeway visibility and adjacency to the SR57/60 freeway convergence that supports over 300,000 vehicles per day,as well as, its proximity to the off ramps at Grand Avenue. Since the dealership closed, there has been no viable tenant to reoccupy the site. For a short time, CarMax was interested in a smaller satellite concept that fell by the wayside. Since that time, there has been no viable proposal for the site. The City received inquiries about establishing uses that were not in the City’s best interest. In light of the fate of the surrounding areas located in the City of Industry (concurrent mutually exclusively entitlements for an NFL Stadium as well as, a 594 acre business park) Diamond Bar wanted to ensure that it protected one of its very limited contributors to the commercial inventory. As a result, in 2011 the City placed a moratorium on the property to allow the study of opportunities for the site and to hopefully work collaboratively with the __________________________________________________________________________________ DECEMBER 19, 2013PAGE 6SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ property owners in seeking the highest and best use potential which is challenging and complicated to an extent by the uncertainty about what will happen on the adjacent City of Industry site. Staff anticipates that in February/March 2014 there will be a final decision about the possibility of an NFL Stadium being built and if the stadium does not go forward, Majestic Realty has indicated that they will proceed with the alternative Industry Business Center (IBC). Due to the vulnerability of this uniquely situatedsite, the City Council set forth an economic development goal of identifying specific development opportunities and Specific Plans to revitalize the Kmart andHonda sites to provide the greatest net benefit to and best interests of, the community. In order to accomplish this goal, the City contracted with economic development consultant AECOM, a major firm with an international reputation, to prepare a municipal highest and best use analysis for the property to determine what would benefit the community’s best interest and be mindful that whatever occurs on this site would need to result in a positive residual land value offering for a developer’s consideration. The revenue-generating opportunities for the City would include retail uses which would include a vast array of revenue generating businesses and hotel uses that would provide revenue to the City via Transit Occupancy Tax. The consultant was also asked tolook into the feasibility of office development based on the theory that office uses generate rent which may help a developer subsidize other uses on the site that may have higher capital development costs. In light of the various uses that may occur on the surrounding site, the study looked at three base scenarios: 1)Status quo (nothing occurs on the adjacent sitefor the foreseeable future; 2)development of the IBC project and, 3)development of the NFL Stadium. The consultants looked at the physical capacity of the site, the surrounding market to identify demand potentials and performed site capacity modeling to determine what the intensities, square footages, etc. the site could support. The tests and forecasted economic conditions revealed that retail was not a very strong option for the site because the inventory and capacity of existing retail properties would not attract additional retail to the site. Under status quo conditions, the Gateway Corporate Center generates a great deal of business travel which would support a 190 room hotel and under the best economic conditions an additional 125 rooms would be supported. If the IBC project becomes a reality,up to 405 additional rooms would be supported because of the additional corporate headquarters and business activity resulting from the uses. Under the stadium scenario, hotel demand would increase but it would be lower than the IBC development because the stadium would have less office development as part of its overall use plan and attendance. Therefore, from the City’s revenue perspective, the IBC development would be most beneficial. However, if the stadium is built there is a settlement agreement with the City of Industry that __________________________________________________________________________________ DECEMBER 19, 2013PAGE 7SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ would provide a number of economic benefits to the City such as a $20 million lump sum and an ongoing revenue stream of $750,000 to well in excess of $1 million based on the number of stadium events. The conclusionof the analysis is that the highest revenue generating potential for the site would be through Transit Occupancy Tax. Also provided in the “highest and best use” analysis is an overall evaluation of the net benefits (direct and indirect revenue and benefits) to the community under the different scenarios.Based on the conclusions, staff has developedthe recommended ordinance which is an exhibit to the resolution that establishes a freeway Overlay on the Honda property. The requirements of the freeway Overlay are that the existing buildings onsite are subject to the existing C-3 zoning standards so that they may be occupied with uses that are permitted in the C-3 zone. However, no new buildings or expansions to the existing buildings would be permitted unless a redevelopment plan for the site is crafted and adopted that would establish a hotel as a component of the development. There are provisions that would allow other uses to be phased in prior to the hotel but the hotel would have to be under construction before any of the supporting uses could be occupied. Another interesting finding of the “Highest and Best Use Analysis” revealed that an office would not add to the viability of the site and would actually be a drain on the site because the construction costs and parking requirements for office development would run up the costs and the prevailing rents in the immediate area would not be high enough to make office space a viable use. As a result, staff believes a hotel only with supporting commercial such as restaurants and possibly a gas station would be the most desirable land use plan for a developer and accordingly, staff has crafted the standards to more tightly direct development to evolve in the City’s best interest. The findings of this report are compelling enough that the City, hopefully in partnership with the property owners, will market the site to hotel developers. Staff will use the ICSC Conference in Las Vegas in 2014 and other ICSC events as well as other marketing venuesand resources in an effort to attract hotel development on the site. The City is concerned about its current inventory of commercial land and wants to lock down the options to protect the site from being developed with uses that may not produce the desired results articulated in the City Council’s adopted Goals and Objectives. Staff recommends that the Planning Commission adopt a resolution recommending that the City Council change the zoning of the Honda site to C-3-PD/Hotel Overlay to be the governing zoning regulations for the Honda property. VC/Farago opened the public hearing. __________________________________________________________________________________ DECEMBER 19, 2013PAGE 8SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ Alex Tau(aka Alex Sukamtoh), 23603 Palomino Drive, asked what kind of hotel would provide 190 rooms. If the City of Industry builds the IBC,there will be more empty buildings. He wanted to know the current occupancy rate and room rate of the current hotels in Diamond Bar and asked why the City was in a hurry to make this decision before finding out if the stadium would be built. He felt the site would be a good location for a hospital. Jim Tsai, 550 Great Bend, said he agreed with Mr. Tau that the City maywant to delay this decision because of the Caltrans project to consider eminent domain to realign or split the SR57/60 freeway merging and dedicated on and off ramps at Grand Avenue if the stadium is built. VC/Farago closed the public hearing. C/Shah said he heard on the radio that there would not be a decision about the downtown LA stadium until August 2014. C/Shah asked if AECOM researched otherpossibleusesfor the site. CDD/Gubman stated that in the AECOM study, the hotel analysis begins on Page 27. Table 19 through Table 22 shows a comprehensive inventory of the supply of room nights, occupancy rates, average daily rates and inventory of different hotel products with distances and classifications. The conclusion drawn from that analysis was that the room demands, based on the existing supply and different scenarios given a range of economic conditions in the future, the hotel demand was derived. The City did not look at or consider a hospital use and CDD/Gubman suggested that the Lanterman facility is more likely to be a superior hospital site to the Honda site,which is not physically situated to accommodate intensive hospital uses. With respect to the fate of the stadium, staff understands that Majestic Realty has building permits in hand to build the stadium. The NFL manages to keep everyone in suspense but Majestic needs to know by this winter what the NFL wants to do and if the NFL cannot decide, then Majestic needs to move forward with other plans. This matter has been pending since 2008. With respect to why this matter is being rushed without waiting to see what the outcome is, the City’s posture is “why put it off any longer.” The City has very compelling information that a hotel product is the highest and best use. The type of hotel will have to be vetted through a more refined analysis. There might be two hotel products that could be placed on this site. It will depend on the operator, their tolerance for risk and other considerations and factors that such companies would need to take into account. The bottom line is that whatever scenario plays out the City has the data to support the hotel as the “highest and best use” and in order to further the Council’s Goals and Objectives and the investment the City put into funding __________________________________________________________________________________ DECEMBER 19, 2013PAGE 9SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ this study, staff is ready to move forward to establish the zoning overlay and commence to aggressively market the site. C/Shah felt the current hotel occupancy rate was low. He felt there was no compelling reason to decide on a use at this time butthere is a compelling reason to further investigate any other uses that might be beneficial to the City. C/Dhingra commented that staff’s presentation and analysis was very well done. The basis for this proposal, as stated by CDD/Gubman, is that there is very little commercial land available within the boundaries of Diamond Bar and this proposal is an effort to protect the City’s assets and make the best use of them. If, by changing the use to an “Overlay” zone gives the City better opportunities for marketing, he feels it is the right avenue. Secondly, he believes the direction from the City Council with respect to the Goals and Objectives is to look at the net benefit of this proposal to the community which is outlined in the study commissioned by the City. Tables within a study are snapshot of conditions. As economic conditions change, so too will the tables change and no one has a crystal ball when it comes to predicting the future. The study looked at existing hotels within the City as well as hotels in cities adjacent to Diamond Bar and the homework has been done. Diamond Bar cannot afford to wait for Caltrans or City of Los Angelesto determine what they are going to do. If rezoning this property gives Diamond Bar the flexibility to market the property better it should be done now. With respect to other uses, whoever wants to develop this property will do a thorough financial and viability analysis based on the market conditions existing at that time. The City is not in the business of doingthat –the City is only interested in making it to a point that the land can be developed to the best net benefit of the City. If someone were to analyze the situation and determine another “best” use that entity can always apply for a zone change at that time. But at this time the City needs to act now to protect its assets and meet its goals and objectives in such a way as to protect the best possible net benefit to the City. VC/Farago asked if there was a planned freeway expansion that a prospective developer would be able to take under consideration when proposing a development. CDD/Gubman responded affirmatively and said he regretted not having included the latest freeway interchange improvement plans which would have answered those questions and proceeded to explain how the expansion would work using the aerial. The first phase is the construction of an onramp onto the SR60 westbound which will slice into the southern edge(a sliver of about .7 acres along the southern end) of the Honda property and take away the current freeway sign. It will require the driveway access to Burger King to be closed off and the driveway from Grand Avenue will remain in place. Phase I is funded and construction documents are nearly ready to move forward in __________________________________________________________________________________ DECEMBER 19, 2013PAGE 10SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ about 14 months. The next phase of the project will be a new Grand Avenue off ramp which will cut into the golf course. Thereis a plan to reconfigure the tee boxes for the golf course. No holes will be lost. There will also be a sliver that will come off of the edge of the golf course to improve the onramp with two right turns into the freeway instead of the one right turn that is creating a bottleneck. The loop rampand slip rampwillbe shifted up and Old Brea Canyon Road will align with the rampto improve capacity. These plans are firm and it is a matter of time and funding for completion and we know what will happen to the Honda property as a result of those pending improvements. VC/Farago asked about future plans for separation of the SR57/60. CDD/Gubman responded that this project is termed the “Big Fix” and there are some pieces of the Big Fix that are occurring upstream and downstream. Shortly before or after this piece happens,the Lemon Avenue interchange will be completely reworked. The current on and off ramps on Golden Springs will be taken out and new on and off ramps at Lemon Avenue will go in. The real challenge for which there is no design is to physically separate the 57 and 60 freeways. There is a conceptual plan to accomplish that in the Sunset Crossing area that would involve a flyover near the park and ride on the easterly side of Diamond Bar Boulevard but that is where things begin to get vague. C/Shahsuggested that staff revise the report to include the freeway interchange improvements and analysis of other alternative uses even though it may not be to the benefit of the City. He does not believe there is a compelling reason to decide here and now and believes this matter should be deferred to a future meeting. C/Dhingra moved, VC/Farago seconded, to recommend that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. PL2013-603. Motion carried by the following Roll Call vote: AYES:COMMISSIONERS:Dhingra, VC/Farago NOES:COMMISSIONERS:None ABSTAIN:COMMISSIONERS:Shah ABSENT:COMMISSIONERS:Lin 8.PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Dhingra wished everyone a Joyous Holiday Season and a very Happy New Year. VC/Farago wished the audience, staff and his colleagues a Merry Christmas and Happy New Year. __________________________________________________________________________________ DECEMBER 19, 2013PAGE 11SPECIAL MEETING PLANNING COMMISSION __________________________________________________________________________________ 9.STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1Public Hearing dates for future projects. CDD/Gubman stated that the Commission’s scheduled meeting on December24 is canceled due to City closure and the next regular Planning Commission meeting will take place on Tuesday, January 14, 2014. Two items are set for the agenda: 1)the Kaiser expansion in Gateway Corporate Center and 2)an addition to a single family residence on Gerndal Street. In addition, the Commission will make its presentation of a plaque to Tony Torng for his service on the Commission. Unfortunately, due to a prior commitment, CDD/Gubman said he would not be able to attend that meeting and SP/Lee will staff the meeting in his stead. CDD/Gubman wished everyone Happy Holidays, Merry Christmas, and a Happy New Year on behalf of the entire City staff. 11.SCHEDULE OF FUTURE EVENTS: As listed in tonight’s agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Faragoadjourned the regular meeting at 8:25p.m. The foregoing minutes are hereby approved this 14thday of January, 2014. Attest: Respectfully Submitted, _________________________________ Greg Gubman Community Development Director Frank Farago, ViceChairman ATTACHMENT 5 PLANNING COMMISSION RESOLUTION NO. 2013-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE PLANNING APPLICATION NO. PL2013-603 TO ESTABLISH THE C-3- PD/HOTEL OVERLAY ZONING DISTRICT AND APPROVE THE REZONING FROM “C-3”TO “C-3-PD/ HOTEL OVERLAY”ONTHOSE PARCELS IN THE CITY OF DIAMOND BAR BOUNDED BY GRAND AVENUE, OLD BREA CANYON ROAD AND CALIFORNIA STATE ROUTE 57/60 (APNs 8719-020-001, 8719-020-006 AND 8719-020-007). A.RECITALS 1.The City of Diamond Bar (“City”) has initiated an application for Zone Change No.PL2013-603(“Application”) for those parcels described in the title of this Resolution and located in the City (“Subject Property”). 2.On December 9, 2013, notification of the public hearing for this Application was published in the San Gabriel Valley Tribuneand the Inland Valley Daily Bulletinnewspapers,public hearing notices were mailed to owners of real property within a 1,000-foot radius of the Subject Property boundaries, the Subject Property was posted with a display board providing due notice of the public hearing, and public hearing notices were posted at the City’s designated community posting sites. 3.OnDecember 19, 2013, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application.All persons wishing to testify at the public hearing in connection with the Application were heard, the Application was studied, and the Planning Commission closed the public hearing. B.RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1.All of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2.Changing the zoning designation of the Subject Property from C-3 to C-3- PD/Hotel Overlay is consistent with the General Plan, and, further, implements the economic development goals and objectives of the Diamond Bar City Counciland constitutes the highest and best use for the Subject Property. 3.The proposed establishment of the C-3-PD/Hotel Overlay zoning district on the Subject Property is exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections15061(b)(3) in that the proposed zone change does not expand the range of uses already identified as permitted or conditionally permitted in the underlying C-3 zone. 4.Based on the findings and conclusions set forth above, thePlanning Commission hereby recommends that theCity Council approve Zone Change No. PL2013-603 by adopting the ordinance attached hereto as Exhibit 1 and incorporated herein by reference. The Planning Commission shall: (a)Certify to the adoption of this Resolution; and (b)Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 19TH OF DECEMBER 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ___________________________________ Frank Farago, Vice Chairman I,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 special meeting of the Planning Commission held on the 19thday of December 2013, by the following vote: AYES: Commissioners:Dhingra, VC/Farago NOES:Commissioners:None ABSENT:Commissioners:Lin ABSTAIN:Commissioners:Shah ATTEST: ____________________________________ Greg Gubman, Secretary 2 N:\\CCSTAFF\\H5. ONDA REZONE ATTACHMENT DOCX Agenda # 8.1 Meeting Date: January 21, 2014 CITY COUNCIL AGENDA REPORT r9Sg TO: Honorable Mayor and Member e City Council VIA: James DeStefano, City Manag TITLE: ADOPTION OF URGENCY ORDIN CE 2014 -XX PROHIBITING THE OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES. RECOMMENDATION: Adopt. FISCAL IMPACT: None. BACKGROUND 1 DISCUSSION: In 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("Act"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law. Subsequently, SB 420 was enacted by the state legislature to clarify the scope of the Act and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the Act. Under the Act the state has declared that the use of medical marijuana is no longer a criminal act under state law, provided several conditions are met. Users must obtain a doctor's "recommendation" (a straightforward doctor's prescription remains illegal under federal law), and the growth and sale of medical marijuana is limited to "Primary Caregivers" and "Qualified Patients" with only "Qualified Patients" eligible to use it. Despite these permissive provisions, the Act does not authorize the type of retail medical marijuana dispensaries that have been operating throughout the state, which may sell to customers with or without a doctor's recommendation and/or are operated by individuals who are not among those that the Act permits to cultivate and sell marijuana. Further complicating matters, the manufacture, distribution, or possession of marijuana remains a criminal offense under federal law. The conflict between state and federal law has led many Southern California cities to place restrictions on medical marijuana dispensaries. Cities such as Whittier, San Dimas, Downey, Norwalk, Buena Park, Fullerton, Garden Grove, Huntington Beach, Mission Viejo, Placentia, Santa Ana, Orange, Tustin, and all unincorporated areas of Orange and Los Angeles Counties have implemented measures that prohibit dispensaries as a permitted land use or placed a moratorium on the establishment of such a use. Diamond Bar's zoning code currently permits one medical marijuana dispensary within the City. With the closure of a previously permitted dispensary, there are no similar operations in the City legally open to the public. However, as an increasing number of neighboring cities pursue restrictions on dispensaries, there is an increased likelihood of dispensary operators seeking to locate in Diamond Bar. To better manage the ongoing conflict between state and federal law and to provide greater local control over land use, staff recommends the City Council adopt the attached interim urgency ordinance. The proposed urgency ordinance would prohibit the establishment and/or operation of what essentially are retail medical marijuana dispensaries for a period of 45 days (may be extended for an additional 10 months and 15 days after a noticed public hearing held prior to the expiration of this ordinance) and ultimately provide the City time to adopt an ordinance permanently prohibiting medical marijuana dispensaries as a permitted use under the City's zoning code. The City Attorney has drafted and approved the proposed ordinance. Prepared by: Ryan Lean, Assistant to the City Manager Attachments: Urgency Ordinance 2014 -XX ORDINANCE NO. 2014 -XX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE AND PROHIBITING THE OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES. WHEREAS, California Government Code section 65858(a) authorizes the City Council to adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the City Council, planning commission or planning department is studying to protect the public health, safety and welfare; and WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("Act"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law; and WHEREAS, in January 2004, SB 420 was enacted by the state legislature to clarify the scope of the Act and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the Act; and WHEREAS, in 2008, the California Attorney General published guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use which, among other things, suggested standards for the lawful operation of medical marijuana cooperatives and collectives; and WHEREAS, neither the Act, nor subsequent legislative or Attorney General Guidelines, permit medical marijuana dispensaries to operate in the retail establishment manner customarily seen in California cities; and WHEREAS, notwithstanding California's efforts to decriminalize the provision of marijuana for specified medicinal purposes, the Federal Controlled Substances Act classifies marijuana as a Schedule I narcotic and Congress has concluded that marijuana does not have any acceptable medical uses and under federal law the manufacture, distribution, or possession of marijuana is a criminal offense (21 United States Code sections 812, 841 and 844); and WHEREAS, in the United States Supreme Court decision of Gonzales v. Raich, 125 S. Ct. 2195, the Court held that there is no medical necessity exception under federal law to the prohibition against the manufacture, distribution and possession of marijuana and that notwithstanding the fact that it does not violate California law in some instances to manufacture, distribute and possess marijuana for specified medicinal purposes, it still violates federal law and federal law prevails over state law in the regulation of Schedule I narcotics; and WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness Center (2013) 56 Cal.4th 729, the California Supreme Court held that State law did not preempt a city's land use regulatory authority and in particular, the authority to prohibit marijuana dispensaries; and WHEREAS, a conflict exists between California law, which provides that the manufacture, distribution and possession of marijuana under certain circumstances for medicinal purposes does not violate state law, and federal law, which prohibits the manufacture, distribution and possession of marijuana under any circumstances; and WHEREAS, in 2006 the City adopted Ordinance 4-06, adding Chapter 8.26 which regulated the operation and number of marijuana dispensaries that could be located within the City; and WHEREAS, in Pack v. City of Long Beach (2011) 199 Cal. App. 4t" 1070, which has been granted Supreme Court review, a California appellate court held that to the extent that city regulations provide for the issuance of any permit for marijuana dispensaries they are preempted by federal law; and WHEREAS, cities that have medical marijuana dispensaries have witnessed a number of significant adverse secondary effects from their operation as chronicled in detail by a report prepared by the California Police Chiefs Association, dated April 22, 2009: In these reports increases in crime, such as burglary, drug dealing, armed robbery, and murder, connected to marijuana dispensaries occurred as well as quality of life impacts such as adverse traffic and noise; and WHEREAS, based on this experience it dispensaries could have similar negative effects residents and businesses in the City; and reasonable to conclude if permitted marijuana on the public health, safety and welfare to the WHEREAS, the City Council determines, by a four-fifths vote, that this urgency ordinance is a matter of City-wide importance and necessary for the immediate preservation and protection of the public health, safety or welfare of the community. NOW THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION I.- For : For the period of this Ordinance, or any extension thereof, a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located within an otherwise permitted use, and neither the City Council nor City Staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a medical marijuana dispensary. SECTION II: For purposes of this Ordinance the following definitions shall apply: "Medical marijuana dispensary" means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana to or for more than three persons or to or for any person who is not a qualified patient or primary caregiver. "Qualified patient" is a person who is entitled to the protections of the California Health and Safety Code section 11362.5, inclusive of a person with an identification card as that termed is defined in California Health and Safety Code section 11362.7. "Primary caregiver" is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7. SECTION III: Public Nuisance—Any violation of this Ordinance shall constitute a public nuisance and may be abated in accordance with Section 1.04.010(e) of the Diamond Bar Municipal Code. SECTION IV: Penalty—Any person who violates this Ordinance shall be guilty of a misdemeanor and be punished as provided for in Section 1.04.010(a) of the Diamond Bar Municipal Code. SECTION V: Based on the facts recited above, the City Council finds that the operation and/or establishment of medical marijuana dispensaries under current zoning laws are a threat to the public health, safety and welfare. This Ordinance is introduced, passed and adopted at one meeting and shall become effective immediately in accordance with Section 65858 of the California Government Code. It shall remain effective for 45 days from the date of adoption, unless otherwise extended pursuant to Section 65858. SECTION VI: The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that under the City's current municipal code only one medical marijuana dispensary is permitted and there are not medical marijuana dispensaries currently open in the City. SECTION VII: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION Vlll: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this Ordinance is passed and adopted, in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. ADOPTED this day of , 2014. Carol Herrera, Mayor ATTEST: APPROVED AS TO FORM: Tommye Cribbins, City Clerk David DeBerry, City Attorney I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the _ day of , 2014, and was duly passed and adopted the same day, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye Cribbins, City Clerk CSP r9Sa TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK DATE: I V 1 PHONE: ` 9 AGENDA#!SUBJECT: I 1 � rrui .* 1 expect to address the Council on the subject agendalsubject -item- l� a e t e Council Minutes reflect my name and address as written above. JI 1 ign This document is a public record subject to disclosure under the Pubo Re's'Act. CiT !yg` VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: DATE: � 41-4 1 PHONE: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. C� i Signatu This document is a public record subject to disclosure under the Public Records Act.