HomeMy WebLinkAbout03/04/2014 Agenda - Regular MeetingCity of
Diamond
City Council Agenda
Tuesday, March 4, 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
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 4, 2014
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2014-13
Next Ordinance No. 05(2014)
6:30 P.M.
Mayor
Pastor Randy Lanthripe
Church in the Valley
Council Members Chang, Lyons,
Tanaka, Mayor Pro Tem Tye, Mayor
Herrera
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Outgoing Commissioners:
(a) Liana Pincher — Traffic and Transportation Commission.
(b) Peter Pirritano — Traffic and Transportation Commission
(c) Dave Roberto — Parks and Recreation Commission.
(d) Ash Dhingra — Planning Commission.
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
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.
March 4, 2014 PAGE 2
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — March 11, 2014 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive. (Cancelled).
5.2 Traffic and Transportation Commission Meeting — March 13, 2014 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — March 18, 2014 — 6:30 p.m., AQMDIGovernment
Center Auditorium, 21865 Copley Drive.
5.4 Grand Avenue Beautification Open House - March 19, 2014 — 6:30 p.m. --
8:00 p.m., Windmill Community Room, 21810 Copley Drive
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of February 18, 2014..
Recommended Action: Approve as submitted.
Requested by: City Clerk
6.2 Ratification of Check Register — Dated February 13, 2014 through
February 26, 2014 totaling $ 931,877.44.
Recommended Action: Ratify.
Requested by: Finance Department
6.3 Treasurer's Statement - Approval of the Treasurer's Statement for the
month of January, 2014.
Recommended Action: Approve.
Requested by: Finance Department
March 4, 2014
PAGE 3
6.4 Second Reading and Adopt Ordinance No. 04 (2014): Repealing and
Replacing Chapter 8.26 of the Diamond Bar Municipal Code
Prohibiting the Operation and Establishment of Medical Marijuana
Dispensaries.
Recommended Action: Adopt.
Requested by: City Manager
6.5 Acceptance of Work Performed by
Construction Corp. for Construction
Diamond Bar Center; Direct the City
Completion and Release the Retention
Recordation date.
Recommended Action: Accept.
Hoffman Management &
of Improvements to the
Clerk to File the Notice of
Thirty -Five Days after the
Requested by: Community Services Department
6.6 Approve Contract Amendment No. 1 to the Consulting Services
Agreement with Environmental Impact Sciences (EIS) to Increase the
Contract Amount by $7,000 for Additional Work to Prepare Response
to Comments to the Addendum to the Final Environmental Impact
Report for the Site D Specific Plan (AKA "Willow Heights") for a Not -
to -Exceed Total Cost of $30,210.
Recommended Action: Approve.
Requested by: Community Development Department
6.7 Relieve Low Bidder Oceanstate Development of its Bid; Award
Contract to Second Low Bidder Green Building Corporation for
Construction of the Grand View Trail & Grand View Trail Link in the
Amount of $559,583.25; Plus a Contingency of $55,958 (10%) for a.
Total Authorization of $615,541.25; and, Appropriate $300,000 in
Proposition "A" Safe Parks Act Grant Funds and $89,640 in Habitat
Conservation Grant Funds Awarded to the City Specifically for this
Project; and Appropriate $64,235 in Park Development Funds; Plus
Eliminate Appropriation of General Fund Reserves in the Amount of
$177,898.
Recommended Action: Relieve Low Bidder, Award; Appropriate; and
Eliminate.
Requested by: Community Services Department
7. PUBLIC HEARINGS: None.
March 4, 2014 PAGE 4
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 18, 2014
CALL TO ORDER: Mayor Carol Herrera called the Regular City Council
meeting to order at 6:31 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Ab Kastl, Pastor, Diamond Canyon Christian Church
gave the invocation.
ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro
Tem Tye, and Mayor Herrera.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose,
Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman,
Community Development Director; Ryan McLean, Assistant to the City Manager;
Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst;
Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager, and
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 MPT/Tye presented a Certificate of Recognition to Dr. Tony Torng and
President Jenny Zhang of the Diamond Bar Chinese-American
Association on their Annual Chinese Lunar Celebration "Year of the
Horse".
1.2 MlHerrera presented a City Tile to Lt. Mary Leef upon her retirement from
the Los Angeles County Sheriff's Department after 34 years of law
enforcement service.
BUSINESS OF THE MONTH:
1.3 ClLyons presented a City Tile to owner Dan Bejmuk for DREAMBOX
CREATIONS, 556 N. Diamond Bar Boulevard as Business of the Month
for February 2014. .
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Introduction of new City Employees: FD/Honeywell introduced Tricia
Negron, Accounting Technician; PIMIRoa introduced JR Ybarra, Media
Specialist; CDDIGubman introduced Josue Espino, Assistant Planner;
and, PWD/Liu introduced Rafael Lopez, Senior Street Maintenance
Worker.
FEBRUARY 18, 2014 PAGE 2 CITY COUNCIL
2.2 Grand Avenue Beautification Project Update.
CMIDeStefano reported that staff has been working on the project known
as the Grand Avenue Beautification project. The intersections on Grand
Avenue at Diamond Bar Boulevard and Longview Drive will utilize a
combination of Federal, State and local funds to improve the local right-of-
way. These two intersections were selected for this project because they
serve as primary gateways to the City.
The design process is currently underway to set a tone that will result in
new street furniture, new hardscape, a variety of street elements that will
lighten and brighten the areas as landmarks within the community and
gateways to other portions of the community. Part of the project is to
complete an overall palate for use throughout areas of the rest of the
community as intersection improvements are completed at Golden
Springs Drive and Grand Avenue as well as other areas.
Diamond Bar has received about $700,000 in Federal funds for this
project which have been augmented with about $300,000 local additional
funding sources for a total of about $1 million in resources which can only
be used on Grand Avenue in this particular area.
A community meeting is scheduled for Wednesday, March 19 in the
Windmill Room at City Hall beginning at 6:30 p.m. for businesses and
members of the public to view design concepts for future project approval,
design and construction which should take place 2014 into 2015. This
project headlines the upcoming March edition of the City's newsletter
which will provide residents with a sketch of the project, information about
the project and an invitation to the March 19 meeting.
3. PUBLIC COMMENTS:
Karen Eubanks and members of the Breakfast Lions Club invited City Council,
staff members and residents to attend their. Fundraisers on February 26 and
March 26 from 5:00 p.m. to closing at Bob's Big Boy. All proceeds will support
the Lions Club charities and other community organizations.
Pui-Ching Ho, Diamond Bar Acting Librarian, announced upcoming library events
including a special workshop on Saturday, February 22 at 2:00 p.m. for
individuals to learn to use the iPad more effectively. There is also a workshop to
learn more about the Affordable Care Act on Saturday, March 1 and 8; and, the
Dr. Seuss party and celebration of "Read Across America" for children ages 2-7
is on Monday, March 3 at 4:00 p.m.
Gloria Shepherd, Shift Manager, Bob's Big Boy, said the restaurant has been in
the area for 30 plus years. The business is well known to the community and
offers its facility to the Calvary Church, Lions Club, Kiwanis and Friends of the
FEBRUARY 18, 2014 PAGE 3 CITY COUNCIL
Library for meetings and fundraising events. Bob's Big Boy is seeking the
Council's help in becoming registered as a Historical Landmark. The
establishment has received great support from the community and has obtained
over 21,424 signatures from individuals requesting that the restaurant remain in
its current location; however, there are only two years left on a low lease rate and
the landlord wants to increase the rent or non -renew the lease.
M/Herrera stated for the record that she and the Council received an email from
Steve and Marie Delgadillo making the same request that the City assist in
obtaining a Historical Landmark designation for Bob's Big Boy in Diamond Bar.
She asked CMIDeStefano to speak on the possibility of staff reporting back to the
City Council on the feasibility of designating the site a historical landmark and
whether such a designation would assist the restaurant in continuing to do
business at that location.
4. RESPONSE TO PUBLIC COMMENTS:
CMIDeStefano stated that staff can pursue the matter at the behest of the City
Council. It seems to him that this is an issue between the lessee and landlord,
the operator of Bob's Big Boy and Lakeview Village Corporation which owns the
property and the building. The core issue appears to be that at the end of the
lease the landlord may choose to increase the rent which is a typical practice
throughout the City, particularly with those establishments that have enjoyed a
long-term favorable lease that is not necessarily as beneficial to the property
owner.
Declaring the property with a historical or landmark status designation is rather
tricky because there are generally specific circumstances, events or reasons why
the property should have some sort of specific status such as, the architect or
architectural design. This particular Bob's Big Boy is 153 in the company's
portfolio and is basically the same Bob's Big Boy that has existed in West Covina
and many other locations so that it is not necessarily an unusual architectural
configuration.
Often, there is an association with a particular and significant event. He said he
was unaware of any event of any particular significance that has occurred at this
particular site that would give it the type of status that properties and buildings
can achieve. Other times there is an association with a person of distinction who
lived on the property for a long period of time. As an example, there is a house
in Diamond Bar that was occupied by the Bartholomew family who were settlers
and sub -dividers of the community of Diamond Bar. The windmill in the
community has significance. There are other properties or sites that have great
significance and some are long gone. He is not personally aware of any of those
types of typical designations that come with the ability to designate a property as
historic or landmark. He is familiar with the California Register of Historical
Places and National Historic Register having worked on projects in the past and
FEBRUARY 18, 2014 PAGE 4 CITY COUNCIL
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can say with a great level of confidence that this property would not be a
candidate for either of those two registers absent any particular status. He can
look into it but advised the Council that it would be very difficult to achieve the
typical standards for such status. He reiterated that he believes this is an issue
between the property owner and the business operator. Even if the City Council
were to determine that the property had local landmark status and that it should
in some way be designated, it could preserve the site/architecture but it would
not preserve the lease which is a private party issue.
MPT/Tye said he would like staff to pursue the matter. One of the biggest
outcries he has heard during his two terms on the City Council was when the
Jolly Bagel went out of business. It happened very quickly and was brought to
the City's attention to late for action. He does not know that the City has a policy
for historic locations but it is right for the City of Diamond Bar and the residents to
support Bob's Big Boy by making the property owner aware that this is something
that is valued in Diamond Bar and should not be taken for granted.
All Council Members concurred.
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — February 25, 2014 - 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — February 27, 2014 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — March 4, 2014 — 6:30 p.m., SCAQMDIGovernment
Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR: C/Lyons moved, C/Chang 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 February 4,
2014 — As submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of November 21, 2013.
6.3 RATIFIED CHECK REGISTER - Dated January 29, 2014 through
February 12, 2014 totaling $1,377,308.73.
FEBRUARY 18, 2014 PAGE 5 CITY COUNCIL
6.4 LANDSCAPE DISTRICT NUMBERS 38, 39 AND 41:
a) APPROVED CONTRACT AMENDMENT WITH GFB-FRIEDRICH &
ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES
FOR LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38, 39
AND 41 FOR A PERIOD OF ONE (1) YEAR FOR A TOTAL
CONTRACT AMOUNT OF $12,965.
b) ADOPTED RESOLUTION NO. 2014-06: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FY 2014-15.
c) ADOPTED RESOLUTION NO. 2014-07: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY LANDSCAPING
ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT
THEREON FOR FY 2014-15.
d) ADOPTED RESOLUTION NO. 2014-08: ORDERING THE CITY
ENGINEER TO PREPARE AND FILE A REPORT RELATED TO
MAINTENANCE OF OPEN SPACE IN THE CITY LANDSCAPING
ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT
THEREON FOR FY 2014-15.
6.5 ADOPTED RESOLUTION NO. 2014-09: REQUESTING THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT THE
TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
(CONSTRUCTED AS PART OF THE IMPROVEMENTS FOR TRACT
53670) KNOWN AS MTD NO. 1815 IN THE CITY FOR FUTURE
OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT; AND,
AUTHORIZED THE TRANSFER AND CONVEYANCE THEREOF.
6.6 ADOPTED RESOLUTION NO. 2014-10: AUTHORIZING THE CITY
ENGINEER TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS FOR
PROJECTS UTILIZING FEDERAL OR STATE FUNDING THROUGH
CALTRANS LOCAL ASSISTANCE.
6.7 APPROVED CONTRACT AMENDMENT NO. 1 WITH THE TAIT GROUP
(TTG) IN THE AMOUNT OF $24,800 FOR PROFESSIONAL
CONSULT[NGIADVOCACY SERVICES RELATED TO THE STATE
ROUTE 57160 FREEWAY CONGESTION RELIEF STRATEGY AND
STATE/FEDERAL FREIGHT PLANS.
FEBRUARY 18, 2014 PAGE 6
CITY COUNCIL
6.8 APPROVED AMENDMENT NO. 2 TO THE CONTRACT WITH RKA
CONSULTING GROUP FOR FEDERAL FUNDING COMPLIANCE
SERVICES ($33,500); AND, PUBLIC WORK/ENGINEERING SERVICES
($60,450), FOR A TOTAL CONTACT AMENDMENT AMOUNT OF
$93,950.
7. PUBLIC HEARING:
7. (a) ADOPT URGENCY ORDINANCE NO. 03 (2014): EXTENDING
URGENCY ORDINANCE NO. 02 (2014): SUSPENDING CHAPTER 8.26
OF THE DIAMOND BAR MUNICIPAL CODE AND PROHIBITING THE
OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES.
ATCM/McLean presented staff's report stating that California law allows
for the growth and use of medical marijuana. Access is limited to qualified
patients with a valid doctor's recommendation and those defined as
"primary caregivers". This remains in direct conflict with Federal drug laws
which continue to criminalize the use, distribution and growth of marijuana.
Neither State nor Federal law authorizes the establishment of operations
of the retail medical marijuana dispensaries that have become prevalent
across the State. In response, many local agencies across the region
including unincorporated Los Angeles and Orange counties, have adopted
ordinances prohibiting dispensaries citing the adverse effects such as
increased criminal activity and other property concerns.
At its January 21 meeting, the City Council adopted an Interim Urgency
Ordinance No. 02 (2014) prohibiting the establishment or operation of
these retail medical marijuana dispensaries for a period of 45 days with
the understanding that a permanent prohibition of such facilities would be
forthcoming at a future meeting for consideration.
Item 7.1 (a) on tonight's agenda is an extension of the Urgency Ordinance
for an additional 10 months and 45 days. This proposed extension
provides staff with time to study and develop a permanent ordinance,
while ensuring that the temporary prohibition does not lapse before a
permanent ordinance is brought to the Council. Staff recommends that
the City Council adopt Item 7.1 (a), the Urgency Ordinance, as proposed.
M/Herrera opened the Public Hearing at 7:16 p.m.
With no one present who wished to speak on this matter, M/Herrera
closed the Public Hearing at 717 p.m.
FEBRUARY 18, 2014 PAGE 7 CITY COUNCIL
ClChang moved, ClTanaka seconded, to adopt Urgency Ordinance No.
03 (2014) extending Urgency Ordinance No. 02.(2014) Suspending
Chapter 8.26 of the Diamond Bar Municipal Code and prohibiting the
operation and establishment of medical marijuana dispensaries. 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
(b) FIRST READING OF ORDINANCE NO. 04 (2014): REPEALING
AND REPLACING CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL
CODE PROHIBITING THE OPERATION AND ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES.
CMIDeStefano explained that with the adoption of 7.1(a) the Council has
extended the temporary ordinance that prohibits the establishment of a
medical marijuana facility while a permanent ordinance is being created.
The permanent ordinance is presented tonight as Item 7.1(b). This public
hearing is requesting first reading of an ordinance of the City Council of
the City of Diamond Bar repealing and replacing Chapter 8.26 of the
Diamond Bar Municipal Code which would prohibit the operation and
establishment of medical marijuana dispensaries.
ATCM/McLean stated that 7.1 (b) is the permanent ordinance which would
prohibit medical marijuana dispensaries in Diamond Bar. It would be an
unpermitted land use in any zoning district in the City and would include
not only fixed locations such as a retail store, but any types of mobile
delivery services as well. In an effort to ensure that the City retain local
land use authority, protect public health and safety and avoid any conflict
with Federal law, staff recommends that the City Council approve Item 7.1
(b) for First Reading and schedule the Second Reading for March 4, 2014.
M/Herrera opened the Public Hearing at 7:19 p.m.
With no one present who wished to speak on this matter, MlHerrera
closed the Public Hearing at 7:20 p.m.
ClChang moved, C/Tanaka seconded, to Approve for First Reading by
Title Only and Waive Full Reading of Ordinance No. 04 (2014):
Repealing and Replacing Chapter 8.26 of the Diamond Bar Municipal
Code prohibiting the Operation And Establishment of Medical Marijuana
Dispensaries, and schedule Second Reading for March 4, 2014. Motion
carried by the following Roll Call vote:
FEBRUARY 18, 2014 PAGE 8 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 (a) ADOPT RESOLUTION NO. 2014-11: AMENDING THE FY 2013-14
MUNICIPAL BUDGET.
CMIDeStefano stated that included within the staff report is a request to
amend the existing Resolution that allows for various classifications of
positions within the City's organization including the re-establishment of
the position of Deputy City Manager, associated salary grade and fringe
benefits in order to assist him in reorganizing the City Manager's
Department, primarily as a result of the departure of Mr. Doyle to serve as
city manager in the City of Aliso Viejo.
FD/Honeywell stated that the purpose of the report is to update the City
Council on the City's financial condition at the mid -point of the 2013-14
Fiscal Year and to make appropriate adjustments to the budget. The City
has continued to see moderate increases in revenue sources, which is a
positive indicator of an improving local economy. There has been a
steady increase in sales tax revenue and the housing market continues to
recover. Property and sales tax revenue represents about 45 percent of
the General Fund revenue so meaningful increases as seen in these
categories are important financial indicators for the City. Another notable
increase in General Fund revenue can be found in the building fee
category. Building fees and engineering fees have increased significantly
due to increased permit volume and the large-scale housing project known
as the Willow Heights housing development. Overall, there is an increase
to the General Fund revenue in the amount of $954,000 of which
$329,000 is use of General Fund balance reserves. The City has
continued to control expenditures in order to best meet the needs of the
organization and its residents. When the Assistant City Manager position
was recently vacated, the opportunity arose to re-evaluate the current
organizational structure and how best to meet the needs of both internal
and external customers. As a result of that reflection and analysis, it is
being proposed that a Deputy City Manager position be re-established
within the classification and salary plan to meet the current and upcoming
needs of the organization while holding the Assistant City Manager
position "vacant". This reorganization results in a savings of $64,300 for
the remainder of this fiscal year.
Staff is recommending an increase of the General Fund expenditures at
mid -year of about $708,000 over the current adopted budget. This
increases a variety of things ranging from supplies and banners for the
FEBRUARY 18, 2014 PAGE 9
CITY COUNCIL
25th Anniversary Celebration to increased utility cost estimates, the details
of which can be found in Exhibit A of staff's report. $329,000 of the
$708,000 is use of General Fund Balance Reserves for such items as PC
replacement at City Hall and Diamond Bar Center which have been
deferred for the past couple of years and for a variety of slurry seal
projects in the park parking lots throughout the City.
As in prior years, the General Fund continues to subsidize the three
Lighting and Landscape Assessment Districts with an additional $81,000
in General Fund reserves requested for utility costs due to lack of rain for
a General Fund subsidy of about $201,000. The adjustments at mid -year
will bring projected General Fund Balance Reserves as of June 30, 2014
to $15.2 million which is about 66.2 percent of the General Fund
Appropriations.
Also included in the mid -year report are a variety of adjustments to the
Special Revenue Funds and Internal Service Funds, the most notable of
which include a decrease in the Gas Tax Revenue of about $56,000 due
to revisions of estimates made by the State, increase in appropriations
made by the State, increase in appropriations by Proposition C Fund in
the amount of $55,000 for increased usage of the Dial -A -Cab Program,
and the $81,000 increase in the Lighting and Landscape Assessment
Districts.
ClLyons said she was concerned when she learned that the budget for the
Civic Center had increased by more than $53,000 for electricity in one
year.
FD/Honeywell explained that last year was the first full year at the new
City Hall so refinements are being made accordingly.
CM/DeStefano stated that there is one electricity bill for the City and for
the County. Diamond Bar owns the entire building and the City pays all of
the utilities. The utilities are not split between the City and County. Part of
the reason for the increase in utility costs is that the area is experiencing a
warmer than normal fall season. The City is looking at ways to reduce its
utility use through the air conditioning system, the primary source of the
increase. Staff is also looking at ways to tweak the system through the
Community Services Department which operates facilities and manages
the properties for the City.
ClLyons asked if the City has given thought to using solar energy.
CMIDeStefano responded that there is solar on the roof that has reduced
the electricity cost by about 10 percent. There are no other solar
opportunities for the City at this time since the building is not LEAD
Certified Silver but was designed and built to that standard in many areas
FEBRUARY 18, 2014 PAGE 10 CITY COUNCIL
of the building. Staff is looking at the potential for a different type of shade
system on the building windows and other tools and techniques to reduce
energy consumption.
M/Herrera opened the discussion for public comments. There were none
offered.
C/Lyons moved, MPT/Tye seconded,
Amending the FY 2013-14 Municipal
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
to Adopt Resolution No. 2014-11:
Budget. Motion carried by the
Chang, Lyons, Tanaka, MPT/Tye,
MlHerrera
None
None
(b) ADOPT RESOLUTION NO. 2014-12: AMENDING RESOLUTION
NO. 2013-10 RE-ESTABLISHING THE DEPUTY CITY MANAGER JOB
CLASSIFICATION, SALARY GRADE AND FRINGE BENEFITS
EFFECTIVE FEBRUARY 18, 2014.,
M/Herrera asked for public comments on item (b). There were none
offered.
C/Chang moved, MPT/Tye seconded, to Adopt Resolution No. 2014-12:
Amending Resolution No. 2013-10 Re-establishing the Deputy City
Manager job classification, salary grade and fringe benefits effective
February 18, 2014. 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
8.2 CITY COUNCIL APPOINTMENTS TO PARKS AND RECREATION
COMMISSION, PLANNING COMMISSION AND TRAFFIC AND
TRANSPORTATION COMMISSION.
C/Tanaka reappointed Ted Owens to the Parks and Recreation
Commission; Kenneth Mak to the Traffic and Transportation Commission;
and Frank Farago to the Planning Commission.
C/Lyons reappointed Dave Grundy to the Parks and Recreation
Commission; Marnisha Sulakhe to the Traffic and Transportation
Commission; and Ruth Low to the Planning Commission.
FEBRUARY 18, 2014 PAGE 11 CITY COUNCIL
ClChang appointed Peter Pirritano to the Planning Commission; Ted
Carrera to the Traffic and Transportation Commission; and Kim Hsieh to
the Parks and Recreation Commission.
MPTITye reappointed Lew Herndon to the Parks and Recreation
Commission; Jennifer Mahlke to the Traffic and Transportation
Commission; and Jimmy Lin to the Planning Commission.
MlHerrera reappointed Benny Liang to the Parks and Recreation
Commission; Edward Pechy to the Traffic and Transportation
Commission; and Jack Shah to the Planning Commission.
MPT/Tye moved, C/Tanaka seconded, to confirm Commission appointees
as represented above. 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
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
ClChang reminded everyone they could follow her on Facebook and Twitter. On
February 6 she attended the Diamond Bar Evergreen Senior's Lunar New Year
event; February 7 she attended the Diamond Bar Woman's Club Roaring
Twenties Casino Night; and, on February 8 along with MPT/Tye and C/Tanaka
attended the Chino Hills Community Center's Grand Opening. She congratulated
and welcomed the new Commission appointees.
C/Tanaka welcomed the new staff members. He attended the Diamond Bar
Evergreen Senior's quarterly Birthday and New Year's celebration as they
welcomed the "Year of the Horse" and the Diamond Bar Woman's Club Casino
Night Fundraiser. On Saturday he attended the Chino Hills Ribbon Cutting and
Grand Opening for the Community Center. Monday, February 10 C/Tanaka
attended a Neighborhood Watch group meeting on Deerfoot. On Thursday he
attended the Diamond Bar Seniors Valentine's Day Dinner Dance.
C/Tanaka announced that this Sunday, February 23 the Miss Diamond Bar
Pageant will host a fashion show at the Diamond Bar Golf Course.
C/Lyons welcomed new City staff members and newly appointed and re-
appointed Commissioners.
FEBRUARY 18, 2014 PAGE 12 CITY COUNCIL
ClLyons expressed her appreciation to staff for how quickly they analyzed the
Evergreen School traffic problem and offering both a temporary and permanent
resolution. The situation has greatly improved and the parents, teachers and
principal are very appreciative of staff's intervention. She also stated that she
appreciates the research that was done on the possible establishment of a City
Aquatics program. She asked if staff could provide the Council with information
about gross versus net cost of the facilities in La Mirada and Santa Fe Springs
and, if staff believes it is a viable option what would the actual net costs be. She
asked if staff looked at the facility in Glendora, which would be similar to
Diamond Bar's situation with a school district pool that is being used by the city.
She thought it was amazing that the research revealed that the City of Walnut
was paying only $31 per hour to use the pool at Walnut High School.
ClLyons also took part in the "Wine Walk" at Glendora Village which was an
event that showcased retail and commercial businesses. She found it very
interesting and possibly an event that Diamond Bar might consider.
She said she was beginning to hear a lot of buzz about the 25th birthday and that
she was looking forward to this special event.
MPT/Tye welcomed the new City staff members. Diamond Bar runs a lean and
mean contract city and it is very encouraging to him that the City had so many
applicants for those four positions. Congratulations to staff for all that they do.
MPT/Tye reported that he had participated in the Lunar New Year celebration
with the International Chinese Transportation Professionals Association which
the LA Division chose Diamond Bar to host the celebration.
As President of Contract Cities he had the opportunity to represent the
organization and Diamond Bar at the Association of California Cities Orange
County Division. There is a lot of opportunity for synergy between the two
groups to make sure that Sacramento pays attention to the Cities.
He too, enjoyed participating in the Chino Hills Community Center Open House
celebration and acknowledged the funds that furnished the center were provided
through fundraising efforts by the Chino Hills Community Foundation.
M/Herrera said that most of the City Council Members attended the meetings her
colleagues spoke about. On January 20 she and ClLyons attended the League
of Cities Mayors and Council Members Workshop. Council Members are
required to complete Assembly 1234 Ethics Training every two years and it is
always a good reminder for Council Members to listen to Brown Act regulations
and other issues that concern council members in the conduct of their council
meetings as well as, their behavior in their positions as Council Members. She
offered to share the workshop materials with her colleagues who wished to brush
up on their training.
FEBRUARY 18, 2014 PAGE 13 CITY COUNCIL
She congratulated and welcomed all of the City's new employees and stated that
she is very impressed by all of the people who want to work for the City of
Diamond Bar. She congratulated all of the newly appointed and re -appointed
Commissioners and said she believed all would be very conscientious about
doing their jobs. The City and the City Council thanks everyone for their time and
service.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 7:47 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this
CAROL HERRERA, MAYOR
day of
2014.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda 4 _&
Meeting Date: March 4, 2014
AGENDA REPORT
FROM: James DeStefano, City Ma a
TITLE: Ratification of Check Register dat d February 13, 2014 through February
26, 2014 totaling $ 931,877.44
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 931,877.44 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 February 13, 2014 through
February 26, 2014 for $ 931,877.44 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 — 02/13/14 through 02126114.
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 February 13, 2014 through February 26, 2014 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
_ Description
General Fund
Com Org Support Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Integrated Waste Mgt Fund
Com Dev Block Grant Fund
COPS Fund (Public Safety)
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Signed:
Dianna Honeywell
Finance Director
Amount
$803,926.65
$2,000.00
$25,069.14
$49,965.70
$20,349.72
$1,291.39
$4,900.00
$8,308.82
$4,352.99
$2,548.28
$9,164.75
$931,877.44
SUNGARD PENTAMATION
INC
PAGE NUMBER: 1
DATE:
02/26/2014
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
11:30:22
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION CRITERIA:
transact.ck date between 120140213 00:00:00.000'
and '20140226 00:00:00.000'
ACCOUNTING PERIOD:
8/14
FUN➢ - 001 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT
VENDOR NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
106863
02/13/14
AARP AARP
0015350
AARP MATURE DRIVING
0.00
105.00
10100
106864
02/13/14
ABLEAIRC ABLE AIR CONDITIONING
001
REFUND -PLUMBING
0.00
482.60
10100
106865
02/13/14
AFFORDAB AFFORDABLE GENERATOR SER
0015333
EQ -DBC
0.00
660.00
10100
106866
02/13/14
ALLCITYM ALL CITY MANAGEMENT SERV
0014411
CROSSING GUARD -JAN 14
0.00
6,446.40
10100
106867
02/13/14
AMERICOM AMERICOMP GROUP
0014070
PRINTER TONERS
0.00
976.57
10100
106868
02/13/7.4
AMERITEC AMERITECH BUSINESS SYSTE
0014090
COPIER MAINT-SAN/FEB
0.00
1,045.78
10100
106869
02/13/14
PATTONCA AND I OFFICIALS
0015350
OFFICIATED SVCS -FEB
0.00
546.00
10100
106870
02/13/14
ANTONIEW XIOMARA ANTONIEWICZ
001
RECREATION REFUND
0.00
77.00
10100
106871
02/13/14
CENTERIC ARTESIA ICE SKATING TRAI
0015350
CONTRACT CLASS -WINTER
0.00
268.00
10100
106872
02/13/14
EVERGREE ROBYN A BECKWITH
0014093
PLANT MAINT-C/HALL
0.00
270,00
10100
106872
02/13/14
EVERGREE ROBYN A BECKWITH
0014093
PLANT MAINT-LIBRARY
0.00
107.00
TOTAL
CHECK
0.00
377.00
10100
206873
02/13/14
BENESYST BENESYST
001
2/14/14-P/R DEDUCTION
0.00
1,178.77
10100
106874
02/13/14
BSNSPORT BSN SPORTS CORP
0015350
EQ --RECREATION
0.00
1,159.31
10100
106875
02/13/14
CAFENSTU CAFE N STUFF CATERING
0015350
SR DANCE -ABC
0.00
2,834.28
10100
106876
02/13/14
CARDINAS HOLLY CARDINAS
001
FACILITY REFUND-SYC
0.00
50.00
10100
106877
02/13/14
CENTRALP CENTRAL POWDER COATING
0014090
SUPPLIES -CITY HALL
0.00
216.00
10100
106878
02/13/14
CHENPOHU PO HUNG CHEN
001
REFUND -FPL 2012-1109
0.00
2,190.56
10100
106879
02/13/14
CHRISTIN CHRISTIAN LIFE CENTER
0015350
REIMS-WNTER S/FEST
0.00
150.00
10100
106880
02/13/14
CHUNGGRA GRACE CHUNG
001
FACILITY RFND-HERITAG
0.00
200.00
10100
106881
02/13/14
CITYOFWA CITY OF WALNUT
1264411
CONSULTANT SVCS-R/YTH
0.00
4,900.00
10100
106882
02/13/14
CRITTEND CRITTENDEN RESEARCH
0014030
PUBLICATIONS--C/CLERK
0.00
499.00
10100
106883
02/13/14
DAYLITEM DAY LITF MAINTENANCE CO
0014093
MAINT-CITY HALL
0.00
96.00
10100
106884
02/13/14
DENNISCA CAROL A DENNIS
0015210
PROF.SVCS-PLNG COMM
0.00
75.00
10100
106864
02/13/14
DENNISCA CAROL A DENNIS
0014030
PROF.SVCS-CNCL MTG
0.00
75.00
TOTAL
CHECK
0.00
150.00
10100
106885
02/13/14
DEPTOFCO DEPARTMENT OF CONSERVATI
001
SMIP FEE-JUL-SEPT 11
0.00
930.64
10100
106885
02/13/14
DEPTOFCO DEPARTMENT OF CONSERVATI
001
SMIP FEE -APR -JUN 11
0.00
961.16
TOTAL
CHECK
0.00
1,891.80
SUNGARD PENTAMATION INC
DATE: 02/26/2014 CITY OF DIAMOND BAR
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 -
GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
--------DESCRIPTION-W----
SALES TAX
10100
106886
02/13/14
DEPTOFJU
DEPARTMENT OF JUSTICE
0014060
FINGERPRINT SVCS-H/R
0.00
10100
106887
02/13/14
DEVIMAYA
MAYA DEVI
0015350
CONTRACT CLASS -WINTER
0.00
10100
106888
02/13/14
DFSFLOOR
DFS FLOORING CORP
0014093
MAINT-LIBRARY
0.00
10100
106869
02/13/14
DHINGRAA
ASHOK K DHINGRA
0015510
PLNG COMM -SAN 14
0.00
10100
106890
02/13/14
DBMOBTL
DIAMOND BAR MOBIL
0014090
VEH MAINT-COMM SVCS
0.00
10100
106890
02/13/14
DBMOBIL
DIAMOND BAR MOBIL
0015310
VEH MAINT-COMM SVCS
0.00
TOTAL
CHECK
0.00
10100
106891
02/13/14
DOSTEP14A
STEPHANIE DO
001
RECREATION REFUND
0.00
10100
106892
02/13/14
ENVIRIMP
ENVIRONMENTAL IMPACT SCI
001
ADMIN FEES -FPL 13-261
0.00
10100
1068.92
02/13/14
ENVIRIMP
ENVIRONMENTAL IMPACT SCI
001
ADMIN FEES -FPL 13-261
0.00
10100
106892
02/13/14
ENVIRIMP
ENVIRONMENTAL IMPACT SCI
001
PROF.SVCS-FPI, 13-261
0.00
TOTAL
CHECK
0.00
10100
106893
02/13/14
FRFANMYL
MYLE ERFAN
001
REFUND-PANTERA
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
-PEST CONTROL-PANTERA
0.00
10100
106894
02/13/14
EXTERMTN
EXTERMINETICS OF SO CAI,
0015333
RODENT SVCS -DSC
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
RODENT SVCS -HERITAGE
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
PEST CONTROL -PETERSON
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
PEST CONTROL-C/HALL
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
RODENT SVCS-C/HALL
0.00
10100
106894
02/13/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
RODENT SVCS -DBC
0.00
TOTAL
CHECK
0.00
10100
106895
02/13/14
FARAGOFR
FRANK A FARAGO
0015210
PLNG COMM -PIAN 14
0.00
10100
106896
02/13/14
FEDERALS
FEDERAL SAFETY COMPLTANC
0014060
OSHA COMPLIANCE KIT
0.00
10100
106897
02/13/14
FEDEX
FEDEX
0014090
EXPRESS MAIL -GENERAL
0.00
10100
106897
02/13/14
FEDEX
FEDEX
001
E/MAIL-FPL 2013-261
0.00
TOTAL
CHECK
0.00
10100
106898
02/13/14
FRANCHIS
FRANCHISE TAX BOARD
001
W/GRNSHMNT-WK 2/14/14
0.00
10100
106899
02/13/14
GOLIVETE
GO LIVE TECHNOLOGY INC
0014070
CONSULTANT-C/VIEW
0.00
10100
106900
02/13/14
HEINZELC
CHRISTINA HEINZEL
001
FACILITY REFUND -DSC
0.00
10100
106901
02/13/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015340
SUPPLIES -PARKS
0.00
10100
106901
02/13/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015333
SUPPLIES -DBC
0.00
10100
106901
02/13/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015350
SUPPLIES-REC
0.00
TOTAL
CHECK
0.00
10100
106902
02/13/14
TNLANDEM
INLAND EMPIRE STAGES
0015350
EXCURSIONS -SR
0.00
10100
106902
02/13/14
INLANDEM
INLAND EMPIRE STAGES
1125350
TRANS -SR EXCURSIONS
0.00
10100
106902
02/13/14
INLANDEM
INLAND EMPIRE STAGES
1125350
TRANS -SR EXCURSIONS
0.00
PAGE NUMBER: 2
ACCTFA21
AMOUNT
288.00
360.00
1,860.00
65.00
41.42
263.70
305.12
79.00
-533.37
533.37
2,963.14
2,963.14
50.00
30.00
40.00
40.00
50.00
50.00
65.00
75.00
350.00
65.00
289.50
250.34
96.66
347.00
104.04
4,125.00
400.00
251.55
841.26
187.62
1,280.43
2,695.00
727.50
1,012.50
SUNGARD PENTAMATION INC PAGE NUMBER
DATE: 02/26/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 -
GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION-------
SALES TAX
AMOUNT
TOTAL
CHECK
0.00
4,435.00
10100
106903
02/13/14
CONEXUS
J H DOUGLAS & ASSOCIATES
0015210
CONSULTANT-H/ELMNT
0.00
20,186.50
10100
106.904
02/13/14
JJKELLER
J J KELLER AND ASSOCIATE
0014060
PUBLICATIONS-H/R
0.00
144.21
10100
106905
02/13/14
KCJRACIN
KCJ RACING
1.155515
SPNSRSHP-USED OIL
0.00
2,000.00
30100
106906
02/13/14
KENSHARD
KENS HARDWARE
0015310
MEMO CREDIT --COMM SVCS
0.00
-111.25
10100
106906
02/13/14
KENSHARD
KENS HARDWARE
0015350
SUPPLIES -RECREATION
0.00
4.89
10100
106906
02/13/14
KENS14ARD
KENS HARDWARE
0015333
SUPPLIES -DBC
0.00
146.32
10100
106906
02/13/14
KENSHARD
KENS HARDWARE
0015340
SUPPLIES -PARKS
0.00
303.31
TOTAL
CHECK
0.00
343.27
10100
106907
02/13/14
KEPLERSH
SHEILA KEPLER
001
RECREATION REFUND
0.00
77.00
10100
106900
02/13/14
LEAGUE
LEAUGE OF CALIFORNIA CIT
0014010
MTG-COUNCIL
0.00
35.00
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC_
0014090
BADGES/CITY TILES
0.00
39.79
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC.
0014090
BADGES-C/HALL
0.00
34.44
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC_
0014090
BADGES-H/R
0.00
14.27
10100
106909
02/13/14
LEWTSENG
LEWIS ENGRAVING INC_
0014090
BADGES-H/R
0.00
14.27
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC.
0014090
BADGES-H/R
0.00
14.27
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC.
0014090
BADGES-H/R
0.00
14.76
10100
106909
02/13/14
LEWISENG
LEWIS ENGRAVING INC.
0014090
BUS CARDS/TILES
0.00
191.79
TOTAL
CHECK
0.00
323.59
10100
106910
02/13/14
LIEBESHE
SHERI LIEBE
0015350
CONTRACT CLASS -WINTER
0.00
534.00
10100
106911
02/13/14
LILLEYPL
LILLEY PLANNING GROUP IN
0015210
CONSULTANT -JAN 14
0.00
6,700.00
10100
106912
02/13/14
LINJIMMY
JIMMY LIN
0015210
PLNG COMM --JAN 14
0.00
65.00
10100
106913
02/13/14
LOOMIS
LOOMIS
0014090
COURIER SVCS -JAN 2014
0.00
834.88
10100
106914
02/13/14
LABJ
LOS ANGELES BUSINESS JOLT
0014090
PUBLICATIONS-CMGR
0.00
199.95
10100
106915
02/13/14
LACMTA
LOS ANGELES COUNTY MTA
1125553
MTA PASSES -FEB 2014
0.00
2,308.55
10100
106915
02/13/14
LACMTA
LOS ANGELES COUNTY MTA
1125553
CITY SUBSIDY -FEB 14
0.00
634.95
TOTAL
CHECK
0.00
2,943.50
10100
106916
02/13/14
MAGICCAR
MAGIC CARPET
0014093
INTERIOR SHADES-C/HLL
0.00
3,160.00
10100
106917
02/13/14
MISSDIAM
MISS DIAMOND BAR PAGEANT
0114010
COMM ORG SUPPORT FUND
0.00
1,500.00
10100
106918
02/13/14
MOBILEIN
MOBILE INDUSTRIAL SUPPLY
0015350
HELIUM -COMM SVCS
0.00
24.00
10100
106918
02/13/14
MOBILEIN
MOBILE INDUSTRIAL SUPPLY
0015340
CYLINDER ARGON
0.00
8.00
TOTAL
CHECK
0.00
32.00
10100
106919
02/13/14
MORALSSY
SYLVIA MORALS
001
REFUND -DBC
0.09
400.00
10100
106920
02/13/14
NESTLEPU
NESTLE PURE LIFE DIRECT
0015333
EQ RENTAL -DSC
0.00
11.98
3
SUNGARD PENTAMATION INC
DATE: 02/26/2014 CITY OF DIAMOND BAR
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck date between 120140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND
- 001 -
GENERAL FUND
WATER SUPPLIES -DBC
0,00
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
10100
106920
02/13/14
NESTLEPU
NESTLE PURE LIFE DIRECT
0015333
TOTAL
CHECK
0.00
13,518.11
COMM ORG SUPPORT FUND
10100
106921
02/13/14
PERSRETI
PERS RETIREMENT FUND
001
10100
106921
02/13/14
PERSRETI
PERS RETIREMENT FUND
001
10100
106921
02/13/14
PERSRETI
PERS RETIREMENT FUND
001
TOTAL
CHECK
SOUND SYS -CONCERTS
0.00
725.00
REFUND -DBC
10100
106922
02/13/14
QUESTLIT
QUEST LITERACY CONSORTIU
0114010
10100
106923
02/13/14
QUINNREN
QUINN RENTAL SERVICES
1385538
10100
106924
02/13/14
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
106.924
02/13/14
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
106924
02/13/14
RTSC
REGIONAL TAP SERVICE CEN
1125553
TOTAL
CHECK
DESIGN SVCS -GRAND TR
0.00
-1,370.00
10100
106925
02/13/14
ROGERSSE
ROGERS SERVICE COMPANY
0015350
10100
106926
02/13/14
ROSSCREA
ROSS CREATIONS
0015350
10100
106927
02/13/14
SCHUEMAN
CHRISTOPHER SCHUEMAH
001
10100
106928
02/13/14
SHAHJACK
JAGDISH SHAH
0015210
10100
106929
02/13/14
SCE
SOUTHERN CALIFORNIA EDIS
0015510
10100
106929
02/13/14
SCE
SOUTHERN CALIFORNIA EDIS
13B553B
10100
106929
02/13/14
SCE
SOUTHERN CALIFORNIA EDIS
0015510
TOTAL
CHECK
10100
106930
02/13/14
SPARKLET
SPARKLETTS
0015340
10100
106931
02/13/14
SUPERCOS
SUPERCO SPECIALTY PRODUC
0015333
10100
106932
02/13/14
THECOMDY
THE COMDYN GROUP INC
0414070
10100
106933
02/13/14
THESAUCE
THE SAUCE CREATIVE SERVI
0015350
10100
106934
02/13/14
TKEENGIN
TKE ENGINEERING & PLANNI
2505310
10100
106934
V 02/13/14
TKEENGIN
TKE ENGINEERING & PLANNI
2505310
TOTAL
CHECK
10100
106935
02/13/14
TNTPRINT
TNT PRINTING
0015350
10100
106936
02/13/14
TRICITIE
TRI-CTTIES POOL SERVICE
0015333
10100
106936
02/13/14
TRICITIE
TRS -CITIES POOL SERVICE
0015333
TOTAL
CHECK
10100
106937
02/13/14
USHEALTH
US HEALTHWORKS MEDICAL G
0014060
10100
106937
02/13/14
USHEALTH
US HEALTHWORKS MEDICAL G
0014060
TOTAL
CHECK
PAGE NUMBER: 4
ACCTPA21
-----DESCRIPTION------
SALES TAX
AMOUNT
WATER SUPPLIES -DBC
0,00
41.52
0.00
53.50
RETIRE CONTRIB-EE
0.00
12,916.28
SURVIVOR BENEFIT
0.00
47.43
RETIRE CONTRIB-PEPRA
0.00
554,40
0.00
13,518.11
COMM ORG SUPPORT FUND
0.00
500.00
EQ RENTAL -DIST 38
4.00
217.16
CITY SUBSIDY -DEC 2413
0.00
3,022.20
TAP PASSES --DEC 2013
0.00
11,758.80
COMMISSION -DEC 13
0.00
-443.43
0.00
14,337.57
PA SYSTEM-C/BIRTHDAY
0.00
436.00
SOUND SYS -CONCERTS
0.00
725.00
REFUND -DBC
0.00
100.00
PLNG COMM -SAN 14
0.00
65,00
ELECT SVCS-T/CONTROL
0.00
112.41
ELECT SVCS-T/CONTROL
0.00
26.62
ELECT SVCS-T/CONTROL
0.00
160.94
0.00
299.97
EQ RENTAL-SYC CYN
0.00
12.00
SUPPLIES -DSC
0.00
367.58
CNSLTNT SVCS -WK 2/7
0.00
3,402.09
PRINT SVCS -COMM SVCS
0.00
458.75
DESIGN SVCS -GRAND TR
0.00
1,370.00
DESIGN SVCS -GRAND TR
0.00
-1,370.00
0.40
0.00
PRINT SVCS-REC
0.00
306.08
MAINT-DBC DEC
0.00
160.00
MAINT-DBC JAN
0.00
160.00
0.00
320.00
PRE-EMPLOYMENT PHYSCL
0.00
277.00
PRE-EMPLOYMENT PHYSCL
0.00
381.00
0.00
658.00
SUNGARD PENTAMATION INC PAGE NUMBER: 5
DATE: 02/26/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: trensact.ck date between 120140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION
10100 106938 02/13/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001
10100 106938 02/13/14 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001
TOTAL CHECK
10100
106939
02/13/14 VERIZONC
VERIZON CALIFORNIA
10100
0014090
10100
106939
02/13/14 VERIZONC
VERIZON CALIFORNIA
10100
0014090
10100
106939
02/13/14 VERTZONC
VERIZON CALIFORNIA
PH.SVCS-HERITAGE FX
0014093
10100
106939
02/13/14 VERIZONC
VERIZON CALIFORNIA
SUPPLIES -DBC
0014030
10100
106939
02/13/14 VERIZONC
VERIZON CALIFORNIA
LEGAL SVCS -COMM DEV
0015340
10100
106939
02/13/14 VERIZONC
VERIZON CALIFORNIA
LEGAL SVCS -COUNCIL,
0015340
TOTAL
CHECK
LEGAL SVCS-H/R
0.00
0.00
10100
106940
02/13/14 GRAINGER
W.W. GRAINGER INC_
0015333
10100
106940
02/13/14 GRATNGER
W.W. GRAINGER INC.
0015333
10100
106940
02/13/14 GRAINGER
W.W. GRAINGER INC.
0014093
TOTAI,
CHECK
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
1385538
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
0015340
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
0015333
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
1385538
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
0014093
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
1415541
10100
106941
02/13/14 WVWATER
WALNUT VALLEY WATER
DIST
1395539
TOTAL
CHECK
10100 106942
10100 106943
10100
106944
10100
106945
10100
106.946
10100
106.947
10100
106947
10100
106947
10100
106947
10100
106947
10100
106947
10100
106947
TOTAL
CHECK
10100 106948
10100
106949
10100
106950
10100
106.951
02/13/14 WANGYIPI YI PING WANG 0015350
02/13/14 WAUSAUTI WAUSAU TILE INC 0015333
02/13/14 WAXIESAN WAXIE SANITARY SUPPLY 0015333
02/13/14 WESTMICH MICHELLE WEST 001
02/13/14 WINECKIT THERESA. WINECKI 0015350
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
02/13/14 WOODRUFF WOODRUFF SPRADLING & SMA 0014020
---DESCRIPTION------ SALES TAX
2/14/14-P/R DEDUCTN
0.00
2/14/14 -LOAN DEDUCTN
0.00
WATER SVCS -DBC
0.00
PH.SVCS-GENERAL
0.00
PH.SVCS-SRST CH1
0.00
PH.SVCS-C/HALL ELEVTR
0.00
PH.SVCS-CMGR FAX
0.00
PH_SVCS-HERITAGE ALRM
0.00
PH.SVCS-HERITAGE FX
0.00
EQ -DBC
0.00
SUPPLIES -DBC
0.00
SUPPLIES -DBC
0.00
SUPPLIES -CITY HALL
0.00
LEGAL SVCS-P/WORKS
0.00
WATER SVCS -DIST 38
0.00
WATER SVCS -PARKS
0.00
WATER SVCS -DBC
0.00
WATER SVCS -DIST 38
0.00
WATER SVCS -CITY HALL
0.00
WATER SVCS -DIST 41
0.00
WATER SVCS -DIST 39
0.00
001
o.00
CONTRACT CLASS -WINTER
0.00
EQ -DBC
0.00
SUPPLIES -DBC
0.00
RECREATION REFUND
.0.00
CONTRACT CLASS -WINTER
0.00
LEGAL SVCS-P/WORKS
0.00
LEGAL SVCS -COMM DEV
0.00
LEGAL SVCS-CMGR
0.00
LEGAL SVCS -COMM SVCS
0.00
LEGAL SVCS -COUNCIL,
0.00
LEGAL SVCS -GENERAL
0.00
LEGAL SVCS-H/R
0.00
0.00
.AMOUNT
28,066.60
2,135.63
31,002.23
770.24
149.80
153.70
87.90
56.45
6.34
1,224.43
111.18
63.18
1,621.76
1,796.12
7,127.96
16,222.10
325.31
811.97
606,88
2,523.34
4,352.99
31,970.55
140.40
10,790.28
1,133.65
129.00
360.00
1,306.50
1,365.00
1,014.00
702.00
838.50
234.00
58.50
5,518.50
02/20/14
ACCESSCO ACCESS CONTROL SECURITY
0015333
SECURITY SVCS -DSC
0.00
1,200.45
02/20/14
PATTONCA AND 1 OFFICIALS
0015350
OFFICATED GAMES -FEB
0.00
546.00
02/20/14
AZCUENAG DENISE AZCUENAGA
001
RECREATION REFUND
0.00
86.00
02/20/14
CBSOUTDO CBS OUTDOOR
1155515
USED OIL FROG AD
0.00
5,800.00
SUNGARD PENTAMATION INC PAGE NUMBER: 6
DATE: 02/26/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between 120140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------- SALES TAX
AMOUNT
10100
106952
02/20/14
DASC DIAMOND AGE SENIOR CLUB
1255215
REIMB-LIABILITY INS
0.00
1,291.39
10100
106953
02/20/14
DBHANDCA DIAMOND BAR HAND CAR WAS
0015554
CAR WASH-P/WORKS
0.00
93.37
10100
106953
02/20/14
DBHANDCA DIAMOND BAR HAND CAR WAS
0015333
CAR WASH -DBC
0.00
51.96
10100
106953
02/20/14
DBHANDCA DIAMOND BAR HAND CAR WAS
0014090
CAR WASH -POOL VEH
0.00
213.83
10100
106953
02/20/14
DBHANDCA DIAMOND BAR HAND CAR WAS
0015310
CAR WASH -COMM SVCS
0.00
13.99
10100
106953
02/20/14
DBHANDCA DIAMOND BAR HAND CAR WAS
0015230
CAR WASH-NGHBRHD IMP
0.00
25.98
TOTAL
CHECK
0.00
399.13
10100
106954
02/20/14
DIVERSIF DIVERSIFIED TRANSPORTATI
1135553
HOLIDAY RIDE -JAN 14
0.00
81.00
10100
106955
02/20/14
EDD EMPLOYMENT DEVELOPMENT D
0014060
UNEMPLOYMNT INS CHRG
0.00
571.00
10100
106956
02/20/14
HURFLOOR HUR FLOORING CO
0015333
FLOORING -DBC
0.00
2,380.00
10100
106957
02/20/14
JENCOPRO JENCO PRODUCTIONS INC
0014095
BUS LIST & POSTAGE
0.00
535.00
10100
106958
02/20/14
GARCIAJO JORGE GARCIA
0015554
REIMS -SUPPLIES
0.00
744.33
10100
106959
02/20/14
LEWISENG LEWIS ENGRAVING INC_
0014090
CITY TILES -BUS OF MTH
0.00
39.24
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
STAR DEPUTY -JAN 14
0.00
8,481.57
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
CONTRACT SVCS -DEC 13
0.00
416,858.59
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
HELICOPTER SVCS-NOV
0.00
230.59
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
HELICOPTER SVCS -DEC
0.00
409.93
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
ST SWEEPER -DEC 13
0.00
769.43
10100
106960
02/20/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
CALVARY CHAPEL -DEC 13
0.00
8,580.45
TOTAL
CHECK
0.00
435,330.56
10100
106961
02/20/14
MAGICCAR MAGIC CARPET
0014093
SHADES-C/HALL
0.00
37.00
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015210
SUPPLIES-PLNG
0.00
79.63
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015333
SUPPLIES -DBC
0.00
64.99
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014095
SUPPLIES-P/INFO
0.00
44.15
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014060
SUPPLIES-H/R
0.00
45.78
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014090
SUPPLIES -GENERAL
0.00
46.30
10100
106962
02/20/14
OFFICEMA OFFICFMAX INC
0015350
SUPPLIES -COMM SVCS
0,00
99.94
10100
106962
02/20/14
OFFICEMA OFFICFMAX INC
0015350
SUPPLIES -COMM SVCS
0.00
123.53
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014095
SUPPLIES-P/INFO
0.00
91.30
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015333
SUPPLIES -DBC
0.00
400.62
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014090
SUPPLIES -GENERAL
0.00
230.54
10100
106962
02/20/14
OFFICEMA OFFTCEMAX INC
0014090
SUPPLIES -GENERAL
0.00
275.62
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015310
SUPPLIES -COMM SVCS
0.00
27.86
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015350
SUPPLIES -COMM SVCS
0.00
32.14
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014090
SUPPLIES -GENERAL
0.00
32.69
10100
7.06962
02/20/14
OFFICEMA OFFICEMAX INC
0014090
SUPPLIES -GENERAL
0,00
34.44
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0015310
SUPPLIES -COMM SVCS
0.00
16.36
10100
106.962
02/20/14
OFFICEMA OFFICEMAX INC
0014050
SUPPLIES -FINANCE
0.00
19.62
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014090
SUPPLIES -GENERAL
0.00
0.20
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014030
SUPPLIES-CMGR
0.00
8.14
10100
106962
02/20/14
OFFICEMA OFFICEMAX INC
0014030
SUPPLIES -CMG?
0.00
9.36
SUNGARD PENTAMATION INC - PAGE NUMBER: 7
DATE: 02/26/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck date between 120140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO
10100 106962
TOTAL CHECK
10100 106963
10100 106964
10100
106965
10100
106965
10100
106965
10100
106965
TOTAL
CHECK
10100
106966
10100
106966
10100
106966
10100
106966
10100
106966
10100
106966
10100
106966
10100
106966
TOTAL
CHECK
10100
106967
10100
106967
TOTAL
CHECK
ISSUE DT
VENDOR
NAME
EDIS
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
02/20/14
OFFICEMA
OFFICRMAX INC
EDIS
0014090
SUPPLIES -GENERAL
0.00
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
0015510
ELECT
0.00
02/20/14
SGVCG
SAN GABRIEL VALLEY COUNC
0015551
TAC MTG-LIU/YOUNG
0.00
02/20/14
SHARPSEA
SHARP SEATING
SOUTHERN CALIFORNIA
0015350
EXCURSION -ROSE PARADE
0.00
02/20/14
SIMPSONA
SIMPSON ADVERTISING
INC
0014095
BRIDAL SHOW PSTCRDS
0.00
02/20/14
SIMPSONA
SIMPSON ADVERTISING
INC
0014095
BADGE REELS-P/INFO
0.00
02/20/14
SIMPSONA
SIMPSON ADVERTISING
INC
0014095
AD -BRIDAL SHOW
0.00
02/20/14
SIMPSONA
SIMPSON ADVERTISING
INC
0014095
BANNERS -BRIDAL SHOW
0.00
SUPPLIES-C/HALL
02/20/14
SPARKLET
SPARKLFTTS
10100
0014090
0.00
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
0015510
ELECT
SVCS-T/CONTROL
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
0015510
ELECT
SVCS-T/CONTROL
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
0015510
ELECT
SVCS-T/CONTROL
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT
SVCS -DIST 38
02/20/14
SCE
SOUTHERN CALIFORNIA
FDIS
1415541
ELECT
SVCS -DIST 41
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT
SVCS -DIST 38
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT
SVCS -DIST 38
02/20/14
SCE
SOUTHERN CALIFORNIA
EDIS
0015340
ELECT
SVCS-T/CONTROL
02/20/14
SPARKLET
SPARKLETTS
0014095
0014090
WATER
SUPPLIES-C/HALL
02/20/14
SPARKLET
SPARKLFTTS
10100
0014090
EQ RENTAL-C/HALL
10100
106968
02/20/14
STITCHES
STITCHES UNIFORMS & EMBR
0015350
10100
106969
02/20/14
SUSTASNA
SUSTAINABLE ENVIRONMENTA
1155515
10100
106969
02/20/14
SUSTAINA
SUSTAINABLE ENVIRONMENTA
1155515
TOTAL
CHECK
10100
106970
02/20/14
SCGAS
THE GAS COMPANY
0014093
10100
106971
02/20/14
THESAUCE
THE SAUCE CREATIVE SERVI
0014095
10100
106972
02/20/14
WCMEDIA
WEST COAST MEDIA
0014095
10100
106972
02/20/14
WCMEDIA
WEST COAST MEDIA
0014095
TOTAL
CHECK
10100
106973
02/20/14
WIRZANDC
WIRZ AND CO PRINTING INC
0014095
10100
106974
02/20/14
WRIGHTP
PAUL WRIGHT
0014090
10100
106975
02/20/14
YITENG
TENG YI
001
10100
106976
02/20/14
DIVERSIF
DIVERSIFIED TRANSPORTATI
1135553
10100
106977
02/20/14
ONWARDEN
ONWARD ENGINEERING
2505510
10100
106977
02/20/14
ONWARDEN
ONWARD ENGINEERING
2505510
TOTAL
CHECK
SUPPLIES -RECREATION
CONSULTANT SVCS -TAN
CONSULTANT SVCS -SAN
GAS SVCS -CITY HALL
BANNERS-P/INFO
AD -BRIDAL SHOW
AD -VENUE GUIDE
POSTCARDS-P/INFO
A/V SVCS-CNCL MTG
RECREATION REFUND
DIAMOND RIDE -SAN 14
RD MAINT-ZONE 1
RD MAINT-RES AREA 2
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
AMOUNT
12.17
1,695.40
50.00
674.00
1,567.32
621.30
195.00
738.35
3,121.97
266.68
566.68
188.06
74.82
24.94
25.07
25.22
29.60
1,203.07
360.25
10.75
371.00
491.66
357.50
165.00
522.50
1,466.17
1,308.00
700.00
500.00
1,200.00
347.54
475.00
74.00
43,064.62
2,749.42
6,415.33
9,164.75
SUNGARD PENTAMATION INC PAGE NUMBER: 8
DATE: 02/26/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 11:30:22 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20140213 00:00:00.000' and '20140226 00:00:00.000'
ACCOUNTING PERIOD: 8/14
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION-------DESCRIPTION------ SALES TAX
10100
106978
02/20/14
RFDICKSO
R F DICKSON COMPANY INC
0015554
10100
106.979
G2/20/14
SCE
SOUTHERN CALIFORNIA FDIS
0014093
10100
106980
02/20/14
TAITDAVT
DAVID TAIT
0015551
10100
I06980
02/20/14
TAITDAVI
DAVID TAIT
0015551
10100
106980
02/20/14
TAITDAVI
DAVID TAIT
0015551
10100
106980
02/20/14
TAITDAVI
DAVID TAIT
0015551
TOTAL
CHECK
174,302.30
0.00
931,877.44
10100
106981
02/20/14
SCGAS
THE GAS COMPANY
0015340
10100
14 -PP 04
02/13/14
PAYROLL
PAYROLL TRANSFER
001
10100
14 -PP 04
02/13/14
PAYROLL
PAYROLL TRANSFER
112
10100
14 -PP 04
02/13/14
PAYROLL
PAYROLL TRANSFER
113
30100
14 -PP .04
02/13/14
PAYROLL
PAYROLL TRANSFER
115
TOTAL
CHECK
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
AMOUNT
ST SWEEPING SVCS --JAN
0.00
21,188.20
ELECT SVCS -CI'T'Y HALL
0.00
9,288.14
CONSULTING SVCS-NOV
0.00
102.93
CONSULTING SVCS-NOV
0.00
3,011.72
CONSULTING SVCS -JAN
0.00
3,100.00
CONSULTING SVCS --DEC
0.00
3,114,07
0.00
9,328.72
GAS SVCS -HERITAGE
0.00
292.11
P/R TRANSFER-14/PP 04
0.00
149,406.93
P/R TRANSFER-14/PP 04
0.00
6,048.07
P/R TRANSFER-14/PP 04
0.00
6,820.08
P/R TRANSFER--14/PP 04
0.00
12,027.22
0.00
174,302.30
0.00
931,877.44
0.00
931,877.44
0.00
931,877.44
CITY COUNCIL =
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma 4a
TITLE: Treasurer's Statement — January 2014
RECOMMENDATION:
Approve the January 2014 Treasurer's Statement,
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda #
Meeting Date:
6.3
Mar 4, 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 investments. All investments
have been made in accordance with the City's Investment Policy.
PREPARED BY:
Susan Full, Senior Accountant
REVIEWED BY-
Dianna Honeywell, Finance Dir ctor
Attachments:
Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF JANUARY 31, 2014
BEGINNING CASH BALANCE $22,211,970.85
CASH RECEIVED
Cash Receipts $4,656,042.43
Total Cash Received
$4,656,042.43
$26,868,013.28
EXPENDITURES
Checks Written
($1,977,868,69)
Payroll Transfers
(557,133.60)
Wire Transfers
0.00
Returned Checks
(5,563.32)
Charge Card Fees & Other Adjustments
(9,575.61
Total Expenditures
_ ($2,550,141.22)
CASH BALANCE AS OF: January 31, 2014
$24,317,872,06
TOTAL CASH BREAKDOWN
Active Funds
General Account
($886,811.59)
Payroll Account
$50,000.90
Change Fund
$1,000.00
Petty Cash Account
$500.00
Cash With Fiscal Agent
$0.91
Unamortized Discount on Investments
$3,485.31
Total Active Funds
($831,824.47)
Investment Funds:
Local Agency Investment Fund
$7,353,900.56
Corporate Floating Rate Notes
$0.00
Federal Agency Callable
$10,551,929.65
Bank Negotiable CDs
$5,950,585.04
Wells Fargo Advantage Money Market Fund
$1,293,281.28
Total Investment Funds
$25,149,696.53
CASH BALANCE AS OF; January 31, 2014 $24,317,872.06
Average Yield to Maturity 0.769%
FY2013-14 Year -To -Date Interest Earnings $109,182.95
FY2013-14 Budgeted Annual Interest Earnings $180,950.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of January 31, 2014
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
DAYS TO
TERM MATURITY YIELD TO MATURITY
Local Agency Investment Fund
$7,353,900.56
29.24%
1 1 0.264
Federal Agency Issues - Callable
$10,551,929.65
41.96%
1,564 625 0.941
Negotiable CD's - Banks
$5,950,585.04
23.66%
1,491 1,031 1.254
Wells Fargo Sweep Account
$1,293,281.28
5.14%
1 1 0.010
Corporate Floating Rate Notes
$0.00
0.00%
0 0 0.000
Total Investments and Averages
$25,149,696.53
100.00%
1133
597
0.769
TOTALS
$25,149,696.53
100.00%
NIA
NIA
NIA
MONTH ENDING FISCAL YEAR-TO-DATE
January 31, 2014 2013-14
TOTAL INTEREST EARNED $17,703.17 $109,182.95
I certify that this report accurately reflects all City pooled investments
James DeSte ano and is in conformity with the investment policy of the City of Diamond Bar
City Treasurer 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.
1125/2014
Date
Page 1
City of Diamond Bar
Portfolio Management
Portfolio Summary
January 31, 2014
Investments
Par
Value
Market
Value
Book
Value
% of
Portfolio
Local Agency Investment Funds
7,353,900.56
7,356,015.69
7,353,900.56
29.24
Federal Agency Callable
10,555,000.00
10,486,735.27
10,551,929.65
41.96
Negotiable CD
5,951,000.00
5,968,720.80
5,950,585.04
23.66
Wells Fargo Sweep Account
1,293,281.28
1,293,281.28
1,293,281.28
5.14
25,153,181.84
25,104,753.04
25,149,696.53
100.00%
Investments
Total Earnings January 31 Month Ending
Current Year 17,703.17
Average Daily Balance 23,142,449.20
Effective Rate of Return 0.90%
Dianna Honeywell, Finance Director
Reporting period 0110112014-0113112014
Ruri Data: 0211 812014 -16:41
Fiscal Year To Date
109,182.95
23,127,184.56
0.80%
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Portfolio POOL
AP
PM (PRF—PMI) 7.3.0
Report Ver. 7.3.3b
Days to
YTMIC
Term
Maturity
1
1
0.264
1,564
625
0.941
1,491
1,031
1.254
1
1
0.010
1,010
507
0.769
Portfolio POOL
AP
PM (PRF—PMI) 7.3.0
Report Ver. 7.3.3b
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
January 31, 2014
Page 1
Average Purchase Stated Days to YTMIC Maturity
CUSIP investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date
Local Agency Investment Funds
LAIF 10028 Local Agency Investment Fund 7,353,900.56 7,356,015.69 7,353,900.56 0.264 1 1 0.264
Federal Agency Callable
3133EA5V6
10041
3133EC7A6
10043
3133EC7134
10044
3133ECJL9
10049
3133 ECMZ4
10051
3133ECNYO
10056
3133ECP40
10060
313382HDB
10047
313382F65
10048
313382Y98
10057
3133834Y4
10059
313CAOLA6
10071
3134G3S50
10040
3134G47G7
10064
31341336A3
10065
3134134SQ2
10070
3135GONFG
10031
3036GO4MO
10042
3136GITNG
10068
3136G1 UW7
10069
Negotiable CD
02005QVNO
02587DMV7
0674OKFH5
05573JVR2
05568PV95
17284CKN3
20451PBV7
2546705F5
Run Date: 02!1812014 - 16:41
Subtotal and Average 5,707,615.82
Federal Farm Credit Bank
Federal Farm Credit Bank
Federal Farm Credit Bank
Federal Farm Credit Bank
Federal Fara Credit Bank
Federal Farm Credit Bank
Federal Farm Credit Bank
Federal Home Loan Sank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Bank
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
Federal Home Loan Mtg Corp
Federal National Mtg Assn
Federal National Mtg Assn
Federal National Mtg Assn
Federal National Mtg Assn
Subtotal and Average 9,858,344.52
7,353,900.56
7,356,015.69 7,353,900.56 1 1 0.264
10/26/2012
500,000.00
498,768.50
499,829.10
0.620
1,459
996
0.633 10/2412016
12/1212012
1,000,000.00
986,971.00
999,227.22
0.820
1,826
1,410
0.840 12/1212017
12/13/2012
5C0,000.00
493,765.00
499,806.67
0.840
1,826
1,411
0.850 12/13/2017
04/02/2013
500,000.00
498,820.00
500,000.00
0.600
1,263
958
0.600 0911612016
05/01/2013
500,000.00
494,253.00
500,000.00
0.690
1,461
89
0.690 05/01/2017
05/08/2013
500,000.00
490,470.00
499,786.53
0.950
1,826
96
0.960 05/08/2018
05/09/2013
500,000.00
493,641.50
499,386.46
0.640
1,461
97
0.678 05/09/2017
03/27/2013
500,000.00
497,246.00
500,000.00
0.700
1,371
1,060
0.700 12/27/2016
03127/2013
500,000.00
497,104.50
500,000.00
0.600
1,826
54
0.600 03127/2018
05/16/2013
500,000.00
491,044.50
500,000.00
1.000
1,826
1,565
1.000 05/16/2018
05/29/2013
500,000.00
493,971.50
500,000.00
1.040
1,826
1,578
1.040 05/29/2018
01/28/2014
500,000.00
501,043.50
500,000.00
1.200
1,277
86
1.200 07/28/2017
10/26/2012
500,000.00
499,451.50
499,828.73
0.625
1,467
1,004
0.638 11/01/2016
06/26/2013
500,000.00
494,970.00
500,000.00
1.400
1,826
53
1.400 06/26/2018
08/01/2013
500,000.00
500,089.00
499,594.04
0.600
970
27
0.775 03/28/2016
01/17/2014
500,000.00
501,899.00
500,000.00
1.250
1,277
165
1.250 07/17/2017
08/21/2012
500,000.00
497,731.00
499,573,33
1.000
1,826
20
1.081 08/21/2017
11/21/2012
500,000.00
500,139.00
500,000.00
0.750
1,461
1,024
0.750 11/2112016
09/12/2013
555,000.00
554,730.27
554,897.57
2.050
1,826
39
2.054 09/12/2018
09/26/2013
500,000.00
500,606.50
500,000.00
1.050
1,096
53
1.050 09/26/2016
10,555,000.00
10,486,735.27
10,551,929.65
1,564
625
0.941
10005
Ally Bank UT
10/05/2011
248,000.00
249,554.46
248,000.00
1.300
1,097
247
1.119
/0106/2014
10052
American Express Centurion Bk
05/02/2013
246,000.00
243,815.00
248,000.00
1.100
1,826
1,551
1.101
05/02/2018
10018
Barclays Bank
12/2112011
246,000.00
253,114.01
248,039.00
2.000
1,827
1,054
2.002
12121/2016
10072
BMO HARRIS
01/3012014
248,000.00
246,110.49
248,000.00
1.250
1,826
1,824
1.251
01/30/2019
10024
BMW Bank
04/13/2012
248,000.00
251,629.98
248,000.00
1.750
1,826
1,167
1.751
04/13/2017
1 OC67
CIT Bank
08/14/2013
248,000.00
247,996.78
248,000.00
1.900
1,826
1,655
1.901
08/14/2018
10066
Compass Bank
08/07/2013
248,000.00
247,982.64
246,000.00
1.750
1,826
1,648
1.751
08/07/2018
10020
Discover Bank
03/21/2012
248,000.00
252,145.57
248,000.00
1.600
1,826
1,144
1.601
03/21/2017
Portfolio POOL
AP
PM (PRF_PM2) 7 3,0
Report Ver. 7.3,3b
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
January 31, 2014
Average Purchase
CUSIP Investment # Issuer Balance Date Par Value Market Value
Negotiable CD
249,000.00
33764JEH4
10012
316777HH7
10046
36160WK57
10026
36160KZK4
10073
856284D76
10022
464209BR5
10054
48124JAH1
10023
49306SRT5
10053
51210SITY6
10061
58403BYC4
10007
686184TK8
10055
786580YA2
10009
79545ONV3
10030
80928EJC5
10063
94603M2BI
10029
98146QBNO
10016
First Bank Puerto Rico
Fifth Third Sank
GL Capital Financial Inc.
GE Capital Retail Bank
State Bank of India
Isabella Bank & Trust Company
JP Morgan Chase
Key Bank USA, NA
Lakeside Bank
Medallion Bank
Oriental Bank & Trust
Safra National Bank
Sallie Mae Bank
Scotiabank De Puerto Rico
Sovereign Bank
World Financial Capital Bank
Subtotal and Average 6,
Wells Fargo Sweep Account
SWEEP 10036 Wells Fargo
Subtotal and Average
Floating Rate Notes
Subtotal and Average
374,578.93
839,188.53
362,721.40
Page 2
Stated Days to YTMIC Maturity
Book Value Rate Term Maturity Date
06/08/2012
249,000.00
251,130.20
249,000.00
1.250
1,461
858
1.251 06/08/2016
03106/2013
246,000.00
247,989.83
248,000.00
0.400
365
33
0.600 0310612014
05/04/2012
248,000.00
250,719.32
240,000.00
1.750
1,826
1,188
1.751 05104!2017
01/31/2014
246,000.00
248,000.00
248,000.00
1.900
1,826
1,825
1.901 01!3112019
03123/2012
248,000.00
252,132.16
248,000.00
1.650
1,826
1,146
1.651 03/23/2017
05/3012013
248,000.00
243,893.62
248,000.00
0.750
1,826
1,579
0.763 05/3012018
0312912012
246,000.00
246,237.14
246,000.00
1.125
1,826
1,152
1.100 03/29/2017
05/08/2013
248,000,00
247,789.70
248,000.00
0.450
915
640
0.376 11/0912015
05/17/2013
248,000.00
246,339.39
248,000.OD
0.750
1,461
1,201
0.750 05/17/2017
06/08/2012
248,000.00
249,059.46
248,000.00
0.750
913
310
0.750 12/08/2014
05/16/2013
248,000.00
247,015.19
248,000.00
0.650
1,096
835
0.651 05/16/2016
01/31/2012
248,000.00
250,024.92
248,000.00
1.000
1,095
363
1.001 01/30/2015
08/15/2012
248,000.00
250,849.02
248,000.00
1.750
1,826
1,291
1.751 08/15/2017
06/07/2013
248,000.00
246,915.50
248,000.00
0.700
1,096
857
0.701 06/07/2016
07/05/2012
248,000.00
248,500.22
248,000.00
0.850
732
156
0.650 07/07/2014
11/16/2011
248,000.00
249,776.18
247,585.04
1.500
1,827
1,019
1.564 11/16/2016
5,951,000.00
5,968,720.80
5,950,585.04
1,491
1,031
1.254
07101!2012
1,293,289.28
1,293,261.26
1,293,281.28
0.010
1
1
0.010
1,293,281.28
1,293,281.28
1,293,281.28
1
1
0.010
Total and Average 23,142,449.20 25,153,181.84 25,104,753.04 25,149,696.53
Run Date: 02116/2014-1 6:41
1,010 507 0.769
Portfolio POOL
AP
PM (PRF_PM2) 7.3.0
CITY COUNCIL
Agenda # 6.4
Meeting Date: March 4, 2014
AGENDA REPORT
TO: Honorable Mayor and Member he City Council
VIA: James DeStefano, City Man g
TITLE: SECOND READING OF ORDINA CE (04)2014 OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALIN AND REPLACING CHAPTER 8.26 OF THE
DIAMOND BAR MUNICIPAL CODE PROHIBITING THE OPERATION AND
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
RECOMMENDATION:
Approve second reading by title only, adopt Ordinance (04)2014 and direct that Urgency Ordinance (03)2014
shall expire on April 4, 2014.
FISCAL IMPACT:
None.
BACKGROUND 1 DISCUSSION:
While the use of medical marijuana is no longer a crime in California, the establishment and operation of retail
medical marijuana dispensaries remains illegal under both state and federal law. To manage this conflict and
retain local control, the City Council adopted Interim Urgency Ordinance (02)2014 on January 21, 2014,
temporarily prohibiting dispensaries from operating in Diamond Bar. This action was extended for a period of
ten months and fifteen days with the adoption of Interim Urgency Ordinance (03)2014 on February 18, 2014.
Also on February 18, the City Council approved the first reading of Ordinance (04)2014, which permanently
prohibits medical marijuana dispensaries as a permitted land use in the City. It is recommended that the
Council approve the second reading at tonight's meeting. If approved, the Ordinance will become effective in
thirty days, or April 4, 2014.
Upon approval of the second reading of Ordinance (04)2014 and establishment of the effective date on April 4,
2014, Interim Urgency Ordinance (03)2014 will no longer be necessary. While the adopted Interim Urgency
Ordinance has an expiration date of January 20, 2015, the City Council may direct it to expire at an earlier
time. Ordinance (04)2014 will become effective on April 4, 2014. As such, the City Council is being asked to
direct that Urgency Ordinance (03)2014 expire on that date.
Prepared by:
,�?-, �-k
Rya cLean, Deputy City Manager
Attachments: Ordinance (04)2014
ORDINANCE NO. 04(2014)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR REPEALING AND
REPLACING CHAPTER 8.26 OF THE DIAMOND
BAR MUNICIPAL CODE PROHIBITING THE
OPERATION AND ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES.
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.4t" 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
1
979326.1
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. 4th 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 is reasonable to conclude if permitted
marijuana dispensaries could have similar negative effects on the public health, safety
and welfare to the residents and businesses in the City; and
NOW THEREFORE, the City Council of the City of Diamond Bar hereby
ordains as follows:
SECTION I:
"Chapter 8.26 MEDICAL MARIJUANA BUSINESSES
Sec. 8.26.010 Medical Marijuana Businesses -- Prohibited
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.
Sec. 8.26.020 Definitions.
For purposes of this Chapter the following definitions shall apply:
(a) "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
2
979326.1
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.
(b) "Qualified patient" is a person who is entitled to the protections of the
California Health and Safety Code section 11362.6, inclusive of a person with an
identification card as that termed is defined in California Health and Safety Code
section 11362.7.
(c) "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.
(d) The term "marijuana transport business" when used in this Chapter shall
be any person or entity that transports or offers to transport marijuana in any vehicle or
by any other means. A person who is transporting marijuana to a qualified patient for
whom he or she is the primary caregiver shall not be a "marijuana transport business".
Sec. 8.26..030. Additional Prohibitions
No person shall own, operate, or manage a medical marijuana dispensary or
marijuana transport business. No person shall lease or offer to lease any facility or any
location as a medical marijuana dispensary or for a marijuana transport business. No
person shall employ any persons or be employed at a medical marijuana dispensary or
in a marijuana transport business.
Sec. 8.26.040. Penalties.
(a) Public Nuisance—Any violation of this Chapter shall constitute a public
nuisance and may be abated in accordance with Section 1.04.010(e) of the Diamond
Bar Municipal Code.
(b) Any person who violates this Chapter 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 II:
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 III:
979326.1
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 IV:
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after
this Ordinance is passed and adopted, in the Office of the City Clerk and two additional
public places, together with the vote for and against the same.
ADOPTED this
ATTEST:
day of , 2014.
Tommye Cribbins, City Clerk
979326.1
Carol Herrera, Mayor
APPROVED AS TO FORM:
David DeBerry, City Attorney
I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar, California, held on the 18th day of February, 2014, and was finally
passed at a regular meeting of the City Council of the City of Diamond Bar, held on the
4th day of March, 2014 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
979326.1
Tommye Cribbins, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 6.5
Meeting Date: 3/04/14
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City M n
TITLE: ACCEPTANCE OF WORK PER ORMED BY HOFFMAN MANAGEMENT &
CONSTRUCTION CORP FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE DIAMOND
BAR CENTER; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF
COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE
RECORDATION DATE.
RECOMMENDATION: Accept work; direct City Clerk; release retention.
FINANCIAL IMPACT: There is $283,200 appropriated for this project. Total cost to complete the
project is $257,070.19. Following is the breakdown of project costs:
Project Costs:
Construction Contractor $ 159,732.60
Design & Construction Observation $ 43,030.67
Furniture & Furnishings $ 33,421.70
Electronics & Cabling $ 15,816.20
Security Wall $ 4,605.20
Plans & Specs Photocopies and Bid Release Ads 463.82
PROJECT COST TOTAL $ 257,070.19
BACKGROUND: The City Council awarded a contract in the amount of $159,732.60 to Hoffman on
May 21, 2013 to construct improvements to the office/Willow Room at the Diamond Bar Center. This
project provides a sales office, expanded space for staff and improvements to the front counter and
lobby area.
DISCUSSION: The work was completed by Hoffman on February 14, 2014 and is now ready to
be accepted._
PRIIPAR�D AND REVIEWED BY:
Director of Community Services
Attachment: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR CA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion
Notice is hereby given that:
1, The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address ofthe owner is 21810 Copley Drive, Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; "Lessee"
(If other than fee, strike "In fec' and insert, for example, "purchaser under contract of purchase," or "lessee")
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 February 14, 2014
. The work done was: Construction of Improvements to the Office and Front Counter area of the Diamond Bar Center
7. The name of the contractor, if any, for such work of improvement was Hoffman Management & Construction
Corp. 5121113
(If na 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 Center in Diamond Bar CA
9. The street address of said property is 1600 S. Grand Avenue, Diamond Bar, CA 91765
(If no street address has been officially awiped, insert "none")
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
SipatMe of owner or corporate officer of owner named in paragraph 2 orhis agent
VERIFICATION
1, the undersigned, say: I am the City Mangger the declarant of the
foregoing
('resident of', "Manager of "Apartner of" "Owner of," etc )
notice of completion; 1 have read said notice of completion and know the contents 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 14 , at Diamond Bar California.
(Date of signature) (City where signed)
(Personal sibmature of the individual who is swearing that the contents of
the notice of completion are true)
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of
improvement
(to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The "owner" who must file for record a notice of completion of a building or other work of improvement
means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done,
though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease,
causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed,
must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed
by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one
covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses
of his transferor or transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of
improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work
of improvement is made pursuant to two or more original contracts, then this form must be modified as follows:
(1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind
of work done or materials furnished pursuant to such contract (e.g., "The foundations for the improvement");
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No
contractor's name need be given if there is no general contractor, e.g., on so-called "owner -builder jobs."
In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to
deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or
governmental authority.
CITY COUNCIL
Agenda # 6.6
Meeting Date: March 4 2 01
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: APPROVAL OF CONTRAC. AMENDMENT NO. 1 TO THE
CONSULTING SERVICES AGREEMENT WITH ENVIRONMENTAL
IMPACT SCIENCES (EIS), TO INCREASE THE CONTRACT AMOUNT
BY $7,000 FOR ADDITIONAL WORK TO PREPARE RESPONSE TO
COMMENTS TO THE ADDENDUM TO THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE SITE D SPECIFIC PLAN (AKA "WILLOW
HEIGHTS") FOR A NOT -TO -EXCEED TOTAL COST OF $30,210.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
There is no additional appropriation required since EIS's services are funded through
processing fees paid to the City by project applicant, Lennar Homes. Lennar has
deposited the fees to cover the additional cost of $7,000 to complete the environmental
documents for the Willow Heights project.
BACKGROUND:
On June 27, 2013, a consulting services agreement with EIS was executed under City
Manager authority at a cost not to exceed $23,210 to prepare an Addendum to the Final
Environmental Impact Report (FEIR) for Lennar's proposed 182 -unit residential
development and neighborhood park on Site D, which was approved by the City Council
on December 19, 2013.
The contract amendment is needed to cover the additional, unforeseen costs
associated with EIS's analysis of the potential environmental effects resulting from
covering the segment of the Brea Canyon Flood Control Channel that traverses Site D.
Staff recommends that the City Council authorize the City Manager to execute the
proposed amendment with EIS in the amount of $7,000, not -to -exceed total amount of
$30,210. The contract with EIS will close once the invoice is paid.
Prepared by:
G r4bg S. Lee
Senior Planner
Attachment:
Reviewed by:
Greg Gubman, AICP
Community Development Director
Amendment No. 1 to Consulting Services Agreement with EIS
Consulting Services Agreement— EIS Page 2
Attachment 1
AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT
WITH ENVIRONMENTAL IMPACT SCIENCES
This Amendment No. 1 to the CONSULTING SERVICES AGREEMENT WITH
ENVIRONMENTAL IMPACT SCIENCES ("Amendment") is made and entered into this
day of March 2014, by and between the City of Diamond Bar, a municipal
corporation (hereinafter referred to as "City") and Environmental Impact Sciences
(hereinafter referred to as "Consultant").
RECITALS
A. City and Consultant heretofore entered into a Consulting Services Agreement
dated June 27, 2013. (hereafter, the "Agreement").
B. The parties now desire to amend the Agreement by increasing the
compensation to account for unanticipated costs encountered in the performance of the
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the promises and covenants
contained herein, Section 3 of the Agreement is hereby amended in its entirety to read
as follows:
113. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "A." Payment will be made only after submission of proper invoices
in the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed thirty thousand two hundred ten dollars ($30,210).
Except as set forth in this Amendment, all other terms and conditions set forth in the
Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to
the Agreement as of the date first written above.
"City"
ATTEST:
M
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
CITY OF DIAMOND BAR
in
1
James DeStefano, City Manager
"CONSULTANT"
0
Its:
Exhibit A — Consultant's Proposal
ADDITIONAL INSURED ENDORSEMENT
Exhibit A
; o.
Eet c 1ri a 5*r1
26051 Via Goncha
MirSion Viejo, California 92691.5614
949.837.1195 949.837.3935 Fax
January 13, 2014
Greg Gubman, Director
City of Diamond Bar
Community Development Department
21810 Copley Drive, Second Floor
Diamond Bar, California 91765-4178
Subject: Change Order No. 5: "Site D" Specific Plan
Vesting Tentative Tract Map No. 72295
Dear Greg:
Environmental Impact Sciences (EIS) is currently operating under a professional services
agreement executed in December 2010 for the "Site D Specific Plan" project. As that project
has moved forward from concept to fruition, a number of change orders have been previously
processed thereunder. This further change order request relates specifically to Vesting
Tentative Tract Map No. 72295 (Willow Heights), as submitted by Lennar Homes of California,
.Inc. (Lennar), and includes additional "out -of -scope" services provided by EIS.
On November 23, 2013, the City Council conducted a noticed public hearing to consider Willow
Heights, including consideration of "Addendum No. 1 - Final Environmental Impact Report —
'Site D' Specific Plan, SCH No. 2008021014". (Addendum No. 1). At that hearing, the City
Council directed the Community Development Department (Department) to undertake a further
analysis of the feasibility of "covering" that portion of the Brea Canyon Channel traversing the
"Site D" property. Based on time and staffing constraints, by way of verbal authorization, the
Department requested that EIS undertaken that investigation and prepare a written analysis
documenting the results of that inquiry. Following the Department's independent review, that
EIS -prepared report was presented to the City Council on December 3, 2013 as "Addendum No.
1 - Response to Comments."
This change order request includes: (1) preparation of "Addendum No. 1"; (2) attendance at
additional meetings beyond the scope of the existing professional services agreement; (3)
additional labor and other direct . costs incurred in fulfillment of Willow Height's California
Environmental Quality Act (CEQA) obligations.
The change order request is in the amount of $7,000.
Sincerely,
Peter Lewandowski
Principal
CITY COUNCIL
Agenda # 6.1
Meeting Date: 3104/14
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Maa
TITLE: RELIEVE LOW BIDDER OCEANST TE DEVELOPMENT OF ITS BID AND AWARD
CONTRACT TO SECOND LOW BIDDER GREEN BUILDING CORPORATION FOR THE CONSTRUCTION
OF THE GRAND VIEW TRAIL & GRAND VIEW TRAIL LINK IN THE AMOUNT OF $559,583.25, PLUS A
CONTINGENCY OF $55,958 (10%) FOR A TOTAL AUTHORIZATION OF $615,541.25; AND APPROPRIATE
$300,000 IN PROPOSITION "A" SAFE PARKS ACT GRANT FUNDS AND $89,630 IN HABITAT
CONSERVATION GRANT FUNDS THAT WERE AWARDED TO THE CITY OF DIAMOND BAR
SPECIFICALLY FOR THIS PROJECT; AND APPROPRIATE $64,235 IN PARK DEVELOPMENT FUNDS;
PLUS ELIMINATE APPROPRIATION OF GENERAL FUND RESERVES IN THE AMOUNT OF $177,898.
RECOMMENDATION: Relieve low bidder, award contract, appropriate funds and eliminate General Funds,
FINANCIAL IMPACT: Staff has applied for and received grant funding totaling $592,528 for this project.
With the additional funding from the Park Development Fund, the use of General Fund Reserves can be
eliminated. Total project cost is estimated to be $684,513 and there is $684,513 in resources available.
Total Estimated Project Cost: $684,513
Project Appropriations: 2012113 FY
Quimby Funds
$8,827
2012113 FY
Park Development Fund
$18,923
2012113 FY
Land & Water Conservation Grant
$27,750
2013114 FY
Land & Water Conservation Grant
$175,148
2013114 FY
General Fund Reserves
$177,898
Additional Appropriations
Requested: 2013114 FY Park Development Fund $64,235
2013114 FY Proposition "A" Safe Parks Act $300,0.00
2013114 FY Habitat Conservation Grant $89,630
Appropriation Reduction
Requested_ 2013114 FY General Fund Reserves ($177,898)
Project Funding: $684,513
BACKGROUND: The City Council awarded a contract to TKE Engineering on November 6, 2012 to
research potential routes for a trail that links the west parking lot of the Diamond Bar Center to the Summit
Ridge Trail System. Three potential routes were evaluated and the best route traverses 3,520 feet of terrain,
crosses two drainage areas and requires 120 steps to navigate the steeper hills. TKE completed the
985163.1
construction documents and they were released for bidding on January 9, 2014. Eight contractors submitted
bids, which were opened and publicly read on January 28, 2014. Bids ranged from a low of $539,136.89 to a
high of $959,107.20. The apparent low bidder, Oceanstate Development, Inc, requested that its bid be
withdrawn due to a clerical error in their bid breakdown sheet. Oceanstate's request to be relieved of its bid is
attached to this staff report. The new apparent low bidder is Green Building Corporation with a bid of
$559,583.25.
DISCUSSION: Staff checked the status of the contractor license of Green Building Corporation with the
State of California and it is active and clear. Staff checked references provided by the contractor and there
were no issues presented. Staff also checked the federal, state and county debarred list and they are not listed
(A company on this list is not eligible to construct federally funded projects.) If this contract is awarded on
March 4, construction by the contractor should begin in early April. The contract allows 120 days to complete
the work, so it should be completed by the end of summer.
The City Council has the discretion as to whether or not to relieve Oceanstate of its bid. It could decide to
award the bid to Oceanstate. If so, Oceanstate would have to perform the contract pursuant to its bid amount
of $539,136.89; choose not to perform and forfeit its bid bond, which is 10% of the bid amount; or seek relief
from the court. A bidder can be relieved of its bid by the court pursuant to Public Contract Code section 5103 if
it can establish that: (1) a mistake was made; (2) the bidder notified the public agency within five working days
after opening of the bid of the mistake, detailing how it occurred; (3) the mistake made the bid materially
different-, and (4) the mistake was made in filling out the bid and not due to error in judgment or carelessness
on the bidder's part. Oceanstate did notify the City within the five working days of the mistake, but did not
provide enough detail. Per the City's request, Oceanstate submitted a more detailed response and based
upon staff s review, Oceanstate significantly underpriced two bid items. The bid shows unit prices of $25 and
$27. Oceanstate contends the unit prices should have been $225 and $227. The unit prices for these items
from the other bidders ranged from a low of $65 and $75 to a high of $347 and $445. A matrix showing the
claimed errors and pricing of other bidders is attached and evidences that the errors resulted in a bid difference
of $46,800, which would otherwise make Green Building Corporation the low bidder. Although not entirely
timely, the reasons given by Oceanstate to be relieved of its bid appear to meet the criteria in the Public
Contract Code. For this reason City staff recommends that Oceanstate be relieved of its bid.
Geotechnical inspection services during construction will be provided by Leighton & Associates. Plan check
and building inspection services will be provided by RKA. Claude Bradley, Facilities Maintenance Supervisor,
will serve as the Project Manager in the field.
REPO PLETED AND REVIEWED BY:
Bob Rose
Director of Community Services
Attachments: Agreement
REVIEWED BY:
�d
Dianna Honeywell
Finance Director
Bid Opening Results dated January 28, 2014
Two Oceanstate letters requesting relief from bid
Matrix evidencing errors made by Oceanstate
955163.1
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor
and attested to by the City Clerk, by and between Green Building Corporation hereinafter referred to as the
"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR Green Building Corporation and;
WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for
furnishing labor, equipment and material for Construction of the Grand View Trail and the Grand View Trail
Link in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for Construction of the Grand View Trail and the
Grand View Trail Link in the City of Diamond Bar. The work to be performed in accordance with the plans
and specifications, dated January 6, 2014 (The Plans and Specifications) on file in the office of the City Clerk
and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City
Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans
and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if
set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January 28
2014, together with this written agreement, shall constitute the contract between the parties. This contract is
intended to require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be performed by the
CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any
inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written
agreement shall control.
3. The CONTRACTOR agrees to complete the work within 120 calendar days from the date of the
notice to proceed.
4, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of
five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the
completion date. City may deduct the amount thereof from any monies due or that may become due the
CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall
not constitute a waiver of liquidated damages.
5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall the
CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of
the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the
life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall
furnish to the City a certificate of insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws of
984130. k
the State of California. Such insurance shall be maintained in full force and effect during
the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
CONTRACTOR shall secure the payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and file with the City a
certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability _ Bodily Injury (not auto) $500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000
aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000
each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each accident;
$500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is
admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and
employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced until thirty (3 0) days after receipt by City
of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
954130.1
d. The policy of insurance provided for in subparagraph a. shall contain an endorsement
which:
1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of
insurance provided for in paragraph b, by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any subcontractor in
performing the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (3 0) days' written notice
thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of
the Contract, deliver to the City Manager or his designee the original policies of
insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his
designee a certificate of the insurance company, showing the issuance of such insurance,
and the additional insured and other provisions required herein.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay
not less than the general prevailing rate of per diem wages for work of a similar character in the locality in
which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem wages. Copies of such
prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810
Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall
cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work
done under this Agreement, by him or by any subcontractor under him.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5
of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds established for the administrative
of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other CONTRACTOR'S on the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under
him shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
984130.1
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR
under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer,
workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with
Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents
and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage
that may happen to the work or any part thereof, or for any of the materials or other things used or employed in
performing the work; or for injury or damage to any person or persons, either workers or employees of
CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be
responsible for any damage or injury to any person or property resulting from defects or obstructions or from
any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from
any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be
asserted or claimed by any person, firm, entity, corporation, political subdivision; or other organization arising
out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees,
subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part
of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such
claims, damages, penalties, obligations or liabilities and will pay all costs and expenses,
including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or
Indemnitees covering such claims, damages, penalties, obligations and liabilities arising
out of or in connection with such work, operations or activities of CONTRACTOR
hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless
therefrom.
C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted
against CONTRACTOR for damages or other claims arising out of or in connection with
the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees
and any all costs and expenses incurred by Indemnitees in such action or proceeding
together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability
was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any
provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to
have been actively negligent and where City active negligence accounts for only a percentage of the liability
984130.1
involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to
the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered
necessary by City may be retained by City until disposition has been made of such actions or claims for
damages as aforesaid.
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. This indemnity provision shall survive the
termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have
under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage
which may have been required under this Agreement or any additional insured endorsements which may extend
to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights
of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all
claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the
CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be
made in the employment of persons in the work contemplated by this Agreement because of the race, color or
religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in
Labor Code Section 1735.
12. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all
material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with
CONTRACTORS p 8z
Proposal ate January 2014. 2 ,_,
13. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to
enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees
and costs incurred with respect thereto.
14. TERMINATION: This agreement may be terminated by the City, without cause, upon the
giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of
termination specified in the notice. Upon receipt of the notice of termination Contractor shall cease all work
except that which is reasonably necessary to prevent damage and to safely secure the Project site. In the event of
such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred
prior to the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities
required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. 919867
Date
984I30,1
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
Date CAROL HERRERA
MAYOR
ATTEST:
By:
TOMMYE CRIBBINS
CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
DAVID DEBERRY
CITY ATTORNEY
Date
984130.1
CITY OF DIAMOND BAR
BID SUBMITTAL/OPENING WORKSHEET
PAGE i OF �P—
PROJECT: Grand View Trail and Grand View Trail Link Project
BID OPENING DATE: January 28, 20'14
CONTRACTOR AMOUNT OF BID BID BOND ADDENDUM COMMENTS
'
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PAGE i OF �P—
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CITY OF DIAMOND BAR
BID SUBMITTALIOPENING WORKSHEET
PROJECT: Grand View Trail and Grand View Trail Link Project
BID OPENING DATE: January 28, 2014
CONTRACTOR
AMOUNT OF BID
BID BOND
ADDENDUM
GOMMENTS
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PACE � OF c9,,
01/30/2014 THU 15:34 FAX 0001/001
a
Occanstateen� Inc. Developm
3034 W. Main St. Alhambra CA 91801 Phone: 626-293-2000 F ax: 626-293-800 1.
January 30, 2014
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Bob Rose, Director
Re: Projects No. 25214 & 253 -Grand View Trail and Grand View Trail Link
We regret to inform you that we are withdrawing our bid in reference to the above-
mentioned project, due to clerical error in our bid breakdown sheet.
Our mistake occurred in Division 06 of the Breakdown Sheet. The unit costs for items
one through three is where the mistakes occurred in calculations. Item #I should have
been $225 per unit not $25; Item# 2- $227 not $27 and Item #3- $145 in lieu of $45
(see attached work sheet). After careful review, after the bid opening, recalculating
what the submitted breakdown sheet against our aetuaI worksheet costs it was apparent
there, had been a clerical error and withdrew our bid.
If you have, any further questions please feel free to contact nze.
Sincerely,
Rick A. Cardello
President
Bid Review -- Oceanstate Development -- 2/18/14
Unit Prices for Division 6:
item 1
item 2
item 3
Oceanstate (Original Bid)
.... .............
$25.00
$27.00
$45.00
Oceanstate,(Intende . Bid)
$2 5.00
$227:00 `,'
$14.5.00
Green Building Corporation
$122.00
$157.00
$32.00
Access Pacific
$150.00
$170.00
$45.00
Avi-Con
$65.00
$75.00
$65.00
Los Angeles Engineering
$100.00
$145.00
$29.50
States Link Construction
$347.00
$445.00
$52.00
CS Legacy
$142.00
$139.00
$27.00
Lee Construction
$125.00
$125.00
$19.00
Average Bid Amount: $150.14 $179.43 $38.50
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDAWSUBJECT:
CITY CLERK
K,ST t M A 1'p
�LL-� s DATE:
�00 r(I PHONE:
�14 s?.—5A-rk.
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.