HomeMy WebLinkAbout010615 - Agenda - Regular MeetingCity Council Agenda
Tuesday, January 6, 2015
6:30 p.m. - Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Steve Tye Nancy A. Lyons
Mayor Mayor Pro Tem
Carol Herrera Jack Tanaka Vacant
Council Member Council Member Council Member
City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If you have questions regarding an agenda item, please contactthe City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of
anytype of special equipment, assistance or accommodation(s) in orderto communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours
prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofD!amondBar.com
Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same.
Ja
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 6, 2015
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2015-01
Next Ordinance No. 01 (2015)
6:30 p.m.
Mayor
Monsignor James Loughnane
St. Denis Catholic Church
Council Members Herrera, Tanaka,
Mayor Pro Tem Lyons, Mayor Tye
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted agenda.
Please complete a Speaker's Card and give it to the City Clerk (completion of this
form is voluntary). There is a five-minute maximum time limit when addressing the
City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
January 6, 2015 PAGE 2
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting — January 8, 2015 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting — January 13, 2015 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Winter SnowFest — January 17, 2015 — 9:00 a.m. — 3:00 p.m. — Pantera
Park, 738 Pantera Drive,
5.4 City Council Meeting — January 20, 2015 -6:30 p.m., AQMD/Government
Center, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of December 16, 2014.
Recommended Action: Approve.
Requested by: City Clerk
6.2 Ratification of Check Register — Dated December 11, 2014 through
December 31, 2014 totaling $1,726,352,29.
Recommended Action: Ratify.
Requested by: Finance Department
6.3 Treasurer's Statement — November, 2014.
Recommended Action: Approve.
Requested by: Finance Department
6.4 Second Reading and Adoption of Ordinance No. 01 (2015): An
Ordinance of the City Council of the City of Diamond Bar Amending
Section 12.00.240 Relating to Parking of Motor Vehicles in City Parks.
Recommended Action: Adopt.
Requested by: Community Services Department
January 6, 2015 PAGE 3
6.5 Exoneration of Surety Bond No. CMS -244886 to Complete Grading
Improvements at 20405 Walnut Drive (Restaurant Depot).
Recommended Action: Approve.
Requested by: Public Works Department
6.6 Reduction of 55.6% of Surety Bond No. 929590937 to Complete In -
Tract Street Improvements for Tract Map 72295 (Willow Heights
Located at the Southeast Corner of Diamond Bar Boulevard and Brea
Canyon Road).
Recommended Action: Approve.
Requested by: Public Works Department
6.7 Award of Professional Consulting Services Contract for Pavement
Management System (PMS) Update to Nichols Consulting Engineers
(NCE) in the Amount of $43,000, and Authorize a Contingency Amount
of $4,000 for Change Orders to be Approved by the City Manager, for
a Total Authorization Amount of $47,000.
Recommended Action: Award.
Requested by: Public Works Department
6.8 Adopt Resolution No. 2015 -XX: Approving Final Tract Map No.
72351, for the Subdivision of Air Space for a 19 -Unit Office
Condominium, Located at 660 North Diamond Bar Boulevard.
Recommended Action: Adopt.
Requested by: Public Works Department
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearing — An Interim Ordinance of the City of Diamond Bar
Pursuant to Government Code Section 65858 Temporarily Prohibiting
the Establishment, Expansion or Relocation of Massage
Establishments Citywide and Declaring the Urgency Thereof.
Recommended Action: Receive Staff's Report; Open the Public Hearing;
Close the Public Hearing; and Adopt.
Requested by: Community Development Department
January 6, 2015 PAGE 4
8. COUNCIL CONSIDERATION:
8.1 City Council Vacancy — Discussion and Action (if necessary)
Regarding Appointment to fill Vacant City Council Seat.
Recommended Action: Direct Staff as Necessary.
Requested by: City Manager
ADMINISTRATION OF OATH OF OFFICE: (if necessary)
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 99MV
DECEMBER 16, 2014
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: Assembly Member Ling -Ling Chang led the Pledge of
Allegiance.
INVOCATION: Pastor Mark Hopper, Evangelical Free Church, gave
the invocation.
ROLL CALL: Council Members Herrera, Tanaka, Mayor Pro Tem
Lyons, Mayor Tye.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu,
Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell,
Finance Director; Greg Gubman, Community Development Director; Kimberly Young,
Senior Civil Engineer; Anthony Santos, Management Analyst; Marsha Roa, Public
Information Manager; Cecilia Arellano, Public Information Coordinator; Alfa Lopez,
Management Analyst, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
PRESENTATIONS: The following representatives presented former Council
Member/Assembly Member Ling -Ling Chang with the following:
C/Herrera and Council Members presented a City Tile;
M/Tye presented a pen and clock set from the City;
District Representative Lauren Pong presented a flag from Congressman Ed Royce's
office that had flown over the capitol;
Sr. District Representative Jody Roberto presented a Resolution from State Senator
Bob Huffs office;
Deputy Angie Valenzuela and Assistant Field Deputy Lauren Yokomizo (Rowland
Heights) on behalf of Supervisor Don Knabe's office presented a Certificate;
Mayor Nancy Tragarz presented a Certificate signed by the Walnut City Council;
Council Member Ed Graham presented Certificates on behalf of San Bernardino
Supervisor Curt Hagman and the City Council of the City of Chino Hills;
Sam Olivito, Executive Director and Nancy Tragarz, Director at Large, CCCA;
December 16, 2014 PAGE 2 CITY COUNCIL
First Vice President Ted Ebenkamp and Board Members President Barbara Carrera,
Director Ed Hilden and Assistant Treasurer, Alan Wu, WVWD;
Melanie Smissen-Coward, Special Events Manager for San Gabriel Valley Regional
Chamber, introduced Larry Black, Joe Ruzicka (who presented a Certificate on behalf of
the Chamber), Peter Pirritano, and David Malkin, representing the Chamber of
Commerce;
Captain Jeff Scroggin presented a shield on behalf of the men and women of the
Diamond Bar -Walnut Sheriff's Station;
Chief Dave Stone on behalf of the LA County Fire Department;
Dr. David Hall, representing Mt SAC, its seven trustees, 2300 employees and 60,000
students, presented a Certificate; and,
Helen Hall, Trustee, representing Walnut Valley Unified School District and its Board of
Directors.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Tye introduced Principal Catherine Real, Athletic Director Kevin
Ferguson, Coach Tony McCabe and Council presented Certificates of
Recognition to the Diamond Bar High School Brahma Girls Golf Team for
winning their first California Interscholastic Federation State Girls Golf
Championship.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Shell Station Opening - CM/DeStefano announced that after six or seven
years of being closed, the Shell Station at the corner of Palomino and Diamond
Bar Boulevard will reopen tomorrow and Anabi Oil has announced it will be
selling gasoline at prices lower than normal. The station is gorgeous and
gasoline will be sold for the next few months while a convenience store is being
built inside the gas station and future construction of an approved carwash
project commences at the site.
3. PUBLIC COMMENTS:
Theresa Lee spoke about environmental hazards in the City and said that a
group of citizens were communicating with residents of neighboring cities to
support the dismantling of SCE and DCU poles. She also spoke about the
successful recall of the Board of Directors of The Country Estates for lack of
support for the environment and for support of Millennium.
Michelle Yi, Board of Directors, The Country Estates spoke regarding the DCU
collection units in The Country Estates, which she said was done without
December 16, 2014 PAGE 3 CITY COUNCIL
approval or permission of the Board of Directors and homeowners. She was told
by the City's Public Works Department that it was a matter of communication
between the utility company and The Country Estates and wanted to know why
the City would not help protect their properties from these installations because
they pay taxes to the City too. No poles have been placed on properties in other
homeowner association areas.
Cassandra McInnis, resident of The Country Estates said she was present to
give the Council an update on the association. Today, the recall election against
three board members was successful. Homeowners continue to be concerned
about a forceful developer's intent on access to their small, peaceful community.
The association has been barraged with lawsuits against former board members,
one present board member and the Country Estates Association.
Kurt Nelson, speaking on behalf of Millennium Diamond Road Partners
responded to comments made by Mrs. McInnis. Mr. Nelson said he has followed
the recall election and is somewhat confused because what seemed to be the
basis of the campaign for recall of the Board of Directors had to do with a $40 a
month homeowner's assessment increase. He has been at Council Meetings
since the first part of October and has offered to meet with anyone who wanted
information about any aspect of the development they felt was being hidden
about the development. He reviewed an annexation proposal sent by the recall
board that was accused of being soft on the Millennium development. He would
not call over $2 million in dowry/annexation fees plus purchase of a liability policy
to protect The Country Estates against the belief that the City and County have
not reviewed the soils and geotechnical material as being "token or refusal on
Millennium's part to negotiate in good faith". He was at the meeting at which
Mrs. McInnis spoke and Millennium's attorney, after having been asked if he felt
the property had been annexed said "No" since the 2008 recorded Annexation
Agreement called for a new entrance into The Country Estates from Pathfinder
Road that will not happen and since there had not been payment of the
annexation fee, it has not happen. If the Board at anytime in the future would like
to sit down and talk with him about that Annexation Agreement he is sure that his
bosses and their attorneys would welcome such a meeting. But to characterize
someone who has access rights that have been assigned under the Tadco
Settlement Agreement as being "unreasonable" and to discuss an annexation
agreement when the only proposal that has been put forth is something like 300-
400 percent higher in fees than that of the 2008 Annexation Agreement and
since, as he understands it, only that annexation agreement would seem to be on
the table without a vote of 846 or so families. The Board cannot simply annex
Millennium, even if Millennium were to agree to an exorbitant fee. Again, anyone
who wishes to discuss these matters further can reach him at 714-272-1610. He
is happy to listen or take questions. His old company built 143 homes in The
Country Estates and all 143 of those homes would not exist if they had been
treated as Millennium is now being treated. He respects anyone who wants to
protect their community but to characterize The Country Estates as being
particularly small or particularly peaceful in the wake of last weeks' recall
December 16, 2014 PAGE 4 CITY COUNCIL
activities does not seem to be accurate.
RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to the speaker who spoke on behalf of the Tehachapi
transmission lines that have been a matter of topic in the City of Chino Hills and
other communities for the past six to eight years. It is a transmission line that
comes from the Tehachapi Mountains well into the Inland Empire providing
power throughout the area that SoCal Edison serves. The towers referred to are
not in the City of Diamond Bar and are outside of the incorporated boundaries of
the City of Diamond Bar. In approximately 2008 the City of Diamond Bar
protested the location of the towers although they were not in the City of
Diamond Bar, and asked that those towers be relocated as those towers had
been considered for relocation in some other cities along the route including the
City of Chino Hills. The utility company declined the request and went on to
process the Environmental Impact Report and chose to place the towers in the
manner and pattern that has been constructed over the past six years or so. The
City of Chino Hills successfully argued against that decision on behalf of the
Edison Company and were indeed successful about a year ago in getting a
portion of the approximate 200 mile project placed underground in their city. It is
well beyond any timeline for debate, negotiation or anything other than what is
the current placement of those towers outside of the City of Diamond Bar.
The speaker also referred to the smart meters for the gas company. Southern
California Gas Company, pretty much on the heels of the Edison Utility Company
has been placing smart meters throughout their service territory. Much like
Edison, these meter conversions have been taking place over the last several
years and like Edison, there are or soon will be, new meters at each home in the
City that will transmit data in a way that removes thousands of gas trucks from
the streets and performs tasks electronically. The City of Diamond Bar received
briefings on the Gas Company's project in mid -late 2013 with the construction
effort underway in late 2013 early 2014. All of the transmission towers that were
utilized for this project in Diamond Bar were placed within the public right-of-way
with the exception of The Country Estates which is entirely privately held and is a
gate -guarded community. The utility companies retain easements or some other
access and utilization agreements to allow their utilities to be placed within this
private gate -guarded community for the purpose of serving their customers within
that community. Bob Cruz from the Southern California Gas Company has been
in contact with CM/DeStefano recently via voice messaging to let him know that
they have continued to try to negotiate with The Country Estates and with its
Board of Directors on a solution to the location of three towers that are proposed
or already placed within The Country Estates. Tina Javid, former Regional
Manager, told him that they spoke with respective homeowners and in particular,
Speaker 2 this evening, regarding the relocation of one of the towers from one
part of the property adjacent to another part of the property or properties nearby.
The sites were chosen based on ideal locations for the number of meters that
collect data and transmit it from those particular sites, site elevation and a variety
December 16, 2014 PAGE 5 CITY COUNCIL
of other technical factors. The only towers within the City of Diamond Bar that
have any controversy surrounding them are the three that were proposed within
The Country Estates. As The Country Estates is a private community and every
piece of property and every square inch within The Country Estates is part of the
private community of The Country Estates, this is a private issue between the
Gas Company and The Country Estates which the Gas Company has been
attempting to negotiate through The Country Estates Board of Directors
attorneys. Based upon information he received late last week as the Gas
Company attempted to participate in a board meeting to further discuss this
matter. Again, this is a private matter that should be the subject of ongoing
negotiation with The Country Estates membership and Board of Directors.
CM/DeStefano stated that the last issues raised by the last two speakers
regarding the Millennium Project screams to the fact that these folks need to sit
down and talk to each other. This is a project that was processed by the City of
Diamond Bar in 2005/2006. The developer is in the last stages of a timeline in
order to receive a Tentative Map approval. There are some significant issues
between the developer and The Country Estates Homeowners Association
having to do with access and other matters, and the parties need to sit down
together and work through these issues. Some of the matters of controversy
between the two parties need to be resolved prior to the Tentative Map coming
forward to the City Council for a successful Final Map approval sometime before
February 2016 and time is of the essence for the two sides to get together to try
and work out a solution that benefits both parties.
4. SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Diamond Ride — November 28, 2014 through January 1, 2015 —
Free Shuttle Services to and from Diamond Bar Shopping Centers — for
individuals 18 years and older only. For more information call 800-578-
6555 to schedule a ride.
5.2 Planning Commission Meeting — December 23, 2014 — Canceled
5.3 Parks and Recreation Commission Meeting — December 25, 2014 —
Canceled.
5.4 Christmas Holiday — December 24 and 25, 2014 — City Offices closed in
Observance of the Christmas Holiday — City Offices reopen Friday,
December 26, 2014 at 7:30 a.m.
5.5 Holiday Tree Curbside Collection Program — December 26, 2014 through
January 8, 2015. Trees free of decorations and flocking may be left at the
curb for free pickup during this period. Any tree in excess of 6 feet must
be cut in half.
December 16, 2014 PAGE 6 CITY COUNCIL
5.6 Late Night Transit Pass Sale — Tuesday, December 30, 2014 until 7:00
p.m., Diamond Bar City Hall, 21810 Copley Drive (This will be the last Late
Night Transit Pass Sale)
5.7 New Year's Holiday — January 1, 2015 — City Offices closed Thursday,
January 1, 2015 in observance of New Year's Day. City Offices reopen
Friday, January 2, 2015 at 7:30 a.m.
5.8 City Council Meeting — January 6, 2015 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.9 Traffic and Transportation Commission Meeting — January 8, 2015 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.10 Planning Commission Meeting — January 13, 2015 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.11 Winter Snow Fest — January 17, 2015 — 9:00 a.m. to 3:00 p.m., Pantera
Park, 738 Pantera Drive,
6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tanaka, MPT/Lyons, M/Tye
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of December
2, 2014.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of October 28, 2014.
6.3 RATIFIED CHECK REGISTER — Dated November 27, 2014 through
December 10, 2014 totaling $539,573.75.
6.4 APPROVED REDUCTION OF 98.28% OF SURETY BOND NO. 0183110
TO COMPLETE GRADING AND EROSION CONTROL IMPROVEMENTS
AND FULL EXONERATION OF SURETY BOND NO. 929590935 TO
COMPLETE IN -TRACT PRIVATE STORM DRAIN IMPROVEMENTS
FOR TRACT MAP 72295 (WILLOW HEIGHTS LOCATED AT THE
SOUTHEAST CORNER OF DIAMOND BAR BOULEVARD AND BREA
CANYON ROAD).
December 16, 2014 PAGE 7 CITY COUNCIL
6.5 ACCEPTED WORK PERFORMED BY GREEN BUILDING
CORPORATION FOR CONSTRUCTION OF THE GRANDVIEW TRAIL
AND THE GRANDVIEW TRAIL LINK; DIRECTED THE CITY CLERK TO
FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION
THIRTY-FIVE DAYS AFTER THE RECORDATION DATE.
6.6 ADOPTED RESOLUTION NO. 2014-46: APPROVING COOPERATIVE
AGREEMENT FOR BRIDGE PREVENTATIVE MAINTENANCE WORK
ON CHINO HILLS PARKWAY WITH THE COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS.
7. PUBLIC HEARING:
7.1 ORDINANCE NO. XX (2014): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING SECTION 12.00.240
RELATING TO PARKING OF MOTOR VEHICLES IN CITY PARKS.
CM/DeStefano introduced CSD/Rose who provided staff's report.
CSD/Rose stated that the availability of parking in public parks is limited.
The primary purpose of the parking lots in the public parks is to provide
spaces where persons can temporarily park their vehicles in order to
access and enjoy the City's parks. In establishing the number of parking
spaces for park property, the City's parking standards are based upon
projections of the number of spaces that are required for persons using
the park property. These standards do not contemplate that parking
spaces will be utilized by persons for the purposes of carpooling, park and
ride or any other extended parking activity not related to recreational use
of the park. The City was made aware of the lack of parking spaces
during park hours at the lower parking lot of Summitridge Park due to the
non -park users mainly for carpooling purposes. Summitridge Park parking
lot is approximately 1.8 miles from the SR57/60, holds 25 vehicles and
has two driveway entrances from Grand Avenue. Sheriff's deputies
documented several observations where people were utilizing this parking
lot for carpooling purposes on weekdays, parking their vehicles early in
the morning, entering a secondary vehicle and immediately exiting the
park. Deputies ran license plates on separate occasions which
demonstrated that approximately 85 percent of those parked vehicles
were registered to non -Diamond Bar residents. No park users were
observed during the time of these observations. These vehicles remained
parked in the lot for the remainder of the day limiting the availability of
parking spaces for park users.
The Sheriff's Department has also witnessed contractors hired to do work
in The Country Estates parking their vehicles in the lower Summitridge
parking lot and riding into The Country Estates in a separate vehicle. Staff
believes there is a need to amend the existing ordinance to prevent
December 16, 2014 PAGE 8 CITY COUNCIL
people from utilizing the small parking lot when they are not using it for
purposes of park use. Staff presented this parking issue at the Parks and
Recreation Commission on October 23 and again on November 20.
During the October 23 meeting the Commission requested staff to draft an
ordinance to restrict parking in City parks to "park patrons only". On
November 20 the Commission voted unanimously to recommend City
Council adoption of the ordinance as presented this evening, to restrict
parking in City parks to "park patrons only'.
CSD/Rose provided a photo of the lower Summitridge parking lot that was
taken on November 26 at about 10:00 a.m. A review of the license plates
of cars revealed that 21 parking spaces of the 25 available were occupied
by non -Diamond Bar residents. There were no patrons in Summitridge
Park observed at the time the review was conducted.
There are two Park and Ride lots available in Diamond Bar, one located at
Pathfinder Road off of the SR57 and the other located at Diamond Bar
Boulevard off of the SR60. The two lots offer a combined number of
parking spaces for 496 vehicles and these designated areas are large
enough to accommodate a sufficient number of vehicles.
This proposed ordinance to restrict parking is expected to ensure the
availability of parking spaces in the City parks for park patrons. Actual
enforcement efforts can be limited to Summitridge Park and the future
Diamond Canyon Park. If staff observes similar issues at other parks the
proposed ordinance can be extended to those parks as well. The
recommendation is to amend the Park Ordinance Section 12.00.240 with
the addition of "parking for park patrons only. No person shall park any
motor vehicle in a park unless using the park for its intended purposes." If
this ordinance is approved, staff plans to post signs at the driveways of all
parks that have parking lots and the signs would state "parking is for park
patrons only. Violators will be cited. Diamond Bar Municipal Code
12.00.240".
The ordinance will be enforced by the LA County Sheriff's Deputies who
have two different methods for enforcing the ordinance. One method is by
witnessing the violation. The deputy witnesses a person parking his car
and entering a second vehicle which leaves the park at which time the
deputy can cite the vehicle parked in violation of the ordinance. The
second method would be to mark the tire of vehicles parked in the parking
lot during the time most violations occur which is normally in the early
morning hours. The deputy can then return a few hours later to check to
see whether the vehicles with marked tires are still parked. Before citing
any vehicles, the deputy can then check to see if there are people in the
park and if so, check with those individuals to determine whether the
marked vehicle is parked in the lot so that they do not cite the vehicle of a
person using the park. Vehicles parked by people not present in the park
December 16, 2014 PAGE 9 CITY COUNCIL
can then be cited.
The penalty for this infraction is $100 for the first offense; $200 for the
second offense; and $500 for the third and each offense thereafter within
one year of the first offense. Penalty for violation of any provisions of the
Parks and Recreation Chapter 12 in the Diamond Bar Municipal Code for
park ordinances is covered under Section 12.00.080 and requires no
amendment at this time.
CSD/Rose stated that a representative from the Sheriff's Department is
available to respond to questions or provide the Sheriff's Department
perspective on this issue. Staff worked with the City Attorney who
reviewed the proposed ordinance and approved it to form and content. A
notice of this Public Hearing was published in the Inland Valley Bulletin on
December 4, 2014 and in the San Gabriel Valley Tribune on December 5,
2014.
Staff recommends that the City Council approve for First Reading by Title
Only, Waive full reading of Ordinance XX (2014) and upon approval,
schedule the Second Reading for the City Council's next scheduled
meeting of January 6, 2015.
MPT/Lyons asked if the sign would indicate the amount of the fine.
CSD/Rose said it could be included.
MPT/Lyons said she wanted it to be very clear that there is a penalty
CSD/Rose responded that information included on the trail rules sign is a
statement that a maximum of $500 fine applies.
MPT/Lyons asked if prior to the ordinance going into effect the City could
post a large sign indicating the upcoming change because the purpose of
the ordinance is to free up parking for park use.
CSD/Rose said that staff has discussed placing flyers on the windshields
of vehicles a week or two prior to the ordinance going into effect.
M/Tye said that if there is no time limit and the tires are chalked, would it
not be necessary to provide a time limit or, if the parking lot is not being
used, why is it a problem.
CSD/Rose said the issue with the parking lot is that it is not available for
people using the parking lot. The lot at the park is well used by people
who stop at the park to walk their dog or exercise and they may be parking
up by the Diamond Bar Center in order to do so because the parking lot
off of Grand Avenue is full. For example, the Diamond Bar Center has
December 16, 2014 PAGE 10 CITY COUNCIL
many large events on weekdays when the capacity of the Center's parking
lot is exceeded and in this instance, the lower lot which provides an
opportunity for people using the Diamond Bar Center. The reason there
are no hours on the signs is that the normal situation is that people come
early in the morning and if they are still there two or three hours later and
have left their vehicle unattended and left the park they are in violation at
that moment. Deputies come back later to give people the opportunity to
move the vehicle without being cited. Technically, if an individual has left
his vehicle in the lot and left the park he is in violation at that moment. If
the infraction is not witnessed, they should have the opportunity to move
their vehicle within two or three hours of the tire being marked.
M/Tye opened the Public Hearing.
With no one present wishing to speak on this item, M/Tye closed the
Public Hearing.
C/Herrera felt the City should take control of this situation now because if
this is allowed to continue the City may find that all of the parks parking
lots are being used as park and ride facilities.
C/Herrera moved, C/Tanaka seconded, to approve for First Reading by
Title Only and Waive Full Reading of Ordinance No. XX (2014): An
Ordinance of the City Council of the City of Diamond Bar Amending
Section 12.00.240 relating to parking of motor vehicles in City Parks.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Herrera, Tanaka, MPT/Lyons,
M/Tye
None
None
7.2 ADOPT RESOLUTION NO. 2014-47: APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION INCLUDING
$203,875 IN FISCAL YEAR 2015-16 FUNDS AND $87,020 FROM
UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF
$290,895.
CM/DeStefano stated that this is an opportunity for the public to participate
in the Community Development Block Grant Allocation to the City of
Diamond Bar, which the City then uses to provide funds for a variety of
programs and capital projects within the City. These funds are actually for
Fiscal Year 2015-16 calendar year. The purpose of this hearing is not
only to consider allocation of resources the City will receive, but also to
discuss how the current Fiscal Year's resources have been or are planned
to be utilized. As this matter was being prepared, printed and published,
staff was told it would receive $203,875 in new monies from the Federal
December 16, 2014 PAGE 11 CITY COUNCIL
Government for the 2015-16 Community Development Block Grant
program. Yesterday afternoon, staff was informed that the dollar amount
is being decreased by $2,033 so the City is now proposed to receive
$201,842 new dollars and staff is proposing that $87,020 be carried over
for a total amount of $288,862.
This Federal program has been in effect since 1974. There are national
objectives that must be met. There are eligible activity categories for
which the limited number of dollars can be used and, there are specific
percentages that are capped by the Federal government regarding how
many of those dollars can be within any particular category. For the
current budget year of 2014-15, there was $11,500 provided to the YMCA
Childcare and Day Camp program which is ongoing and is designed
specifically this year for financial assistance for five children who
participate in the program. This year senior programming was allocated
$18,768 which provides the five senior groups that use Heritage Park and
the Diamond Bar Center with insurance, and opportunities for classes,
seminars, etc. This year the Home Improvement Program was allocated
$100,000 and there are currently about six projects underway in various
stages of application and/or construction. Sidewalk ADA Improvement
project (Americans with Disabilities Act) was allocated $199,419 which will
be used for construction of accessible sidewalks, curb ramps, etc. in the
Grand Avenue, Gateway Corporate Center, Diamond Bar Boulevard and
Pathfinder Road general vicinity and ADA improvements for redesign of
Stardust and Longview South Mini -Parks was allocated $11,000.
Tonight's decisions are regarding the new allocations for Fiscal Year
2015-16 for which staff anticipates a total of $288,862. The Public Service
category is proposed to receive $18,463 for the City's Senior Program
providing the same level of services earlier referenced under the current
fiscal year and 11,813 to the YMCA for the Daycare and Day Camp
program. In the Public Works category there is a proposal for $98,272 for
the Home Improvement Program; an allocation of $20,000 for the design
of two bridges at Sycamore Canyon Park; an allocation of $22,000 for
handicapped ramps at Stardust Park and Longview South Park; and, an
allocation of $118,314 for Stardust and Longview ADA Improvements for a
total of $288,862.
This matter was advertised for tonight's public hearing and the City
Council is asked to make decisions regarding the allocations. Council has
additional time should members wish to review projects in more detail.
However, staff is recommending that the matters be approved giving staff
the opportunity to work with the Los Angeles County Community
Development Commission who oversees the program in order to forward
the City Council's approval to the Federal Government by the City's
deadline of February 3, 2015.
December 16, 2014 PAGE 12 CITY COUNCIL
M/Tye asked if the City was using all of the allocation for Home
Improvement.
CM/DeStefano responded that the City attempts to use all of the money
for the program; however, it is a lengthy process for eligibility and
throughout the entire construction process. Some years the total amount
is used and some years it is not. Often times the rollover of funds starts in
that category because all of the projects could not be completed. The
maximum allocation for any specific project is $15,000. This has been a
very successful program over the years during which more than 100
homes have been improved.
M/Tye opened the Public Hearing.
With no one present who wished to speak on this item, M/Tye closed the
Public Hearing.
C/Herrera moved, MPT/Lyons seconded, to Adopt Resolution No. 2014-47
approving the Community Development Block Grant Program Allocation
including $201,842 in fiscal year 2015-16 funds and $87,020 from
unallocated balance of funds for the total amount of $288,862. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT
RESOLUTION NO. 2014-48: CONFIRMING THE APPOINTMENT OF
SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS.
ORGANIZATION DELEGATE ALTERNATE
California Contract Cities Association
Foothill Transit Board
Four -Corners Transportation Policy Group
Greater L.A. County Vector Control District
Joint Powers Insurance Authority
L.A. County Sanitation District No. 21
L.A. County City Selection Committee
League of CA Cities — L.A. County Division
San Gabriel Valley Council of Governments
Southern California Assn of Governments (SCAG)
Tres Hermanos Conservation Authority
Tanaka
Tye
Herrera
Lyons
Herrera
Tye
Tanaka
Tanaka
Tye
Tye
Lyons
Tye
Lyons
Tanaka
Lyons
Lyons
Herrera
Lyons
Tanaka
Herrera
Lyons
December 16, 2014 PAGE 13 CITY COUNCIL
Wildlife Corridor Conservation Authority (WCCA)
Tanaka
Lyons
STANDING COMMITTEES
Library Lyons
City Council Audit Committee
Tye
Lyons
City Council Goals/City Manager Evaluation
Tye
Lyons
Economic Development
Lyons
Herrera
Industry East Development Advisory Committee
Herrera
Tye
Legislative
Tanaka
Herrera
Lighting/Landscape Assess Dist subcommittee
Lyons
Tanaka
Neighborhood Improvement
Tanaka
Lyons
Public Safety Committee
Tye
Lyons
Sphere of Influence/Annexation
Tye
Herrera
41E36111
Chamber of Commerce Tanaka
Lyons
Diamond Bar Community Foundation Tye
Herrera
Library Lyons
Tanaka
PUSD/City Tanaka
Lyons
Senior Citizen Tanaka
Tye
WVUSD/City Lyons
Herrera
C/Herrera moved, C/Tanaka seconded, to Ratify
City Council Committee
Appointments and Adopt Resolution No. 2014-48: Confirming the appointment of
Specific Representatives to the San Gabriel Valley
Council of Governments.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka,
MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka stated that last night he was honored to join the Diamond Bar
Volunteer Patrol for their appreciation dinner at the Riverside Mission Inn. He
and Captain Scroggin thanked all of the volunteers for their countless volunteer
hours helping to keep the City safe and helping to keep Diamond Bar one of the
lowest crime areas in the region. He wished everyone a Merry Christmas and
Happy New Year.
C/Herrera thanked CSD/Rose and PWD/Liu for taking her and MPT/Lyons on a
tour around the City to look at the details and boundaries of District 39 and 41.
The trip was very informative. She was sorry to hear of the passing of Gary
Neely, an individual who was a former resident of Diamond Bar, a businessman
and prior to incorporation was on the Advisory Council under the County of Los
Angeles as well as serving as a MAC committee member. She appreciates that
tonight's meeting is being adjourned in his honor. She hoped that everyone has
a safe and happy holiday.
December 16, 2014 PAGE 14 CITY COUNCIL
MPT/Lyons said she too very much enjoyed the tour of District 39 and 41 with
CSD/Rose and PWD/Liu. She attended the grand opening of the Heart Academy
last week, a new school from WVUSD that concentrates on students with special
needs that are young adults between the ages of 18 and 22. The school has a
variety of great programs and she was able to see the school and programs
which was excellent. She thanked the Public Works and Community Services
staff members who worked smart to prevent erosion and trash from entering
homes and garages during the big rains about 10 days ago. She wished
everyone a Happy Hanukkah, Merry Christmas and a Happy New Year.
M/Tye thanked staff for a terrific job with the volume of rain. There was flooding
on Golden Springs Drive under the freeway which was a result of a contractor
that did not do the job they were contracted to do. Thanks to staff for figuring out
what needed to be done and taking care of the matter. He wished C/Tanaka a
Happy Birthday. Tonight's meeting will be adjourned in memory of Gary Neely.
Gary was a local guy and was a great guy. He was born in Bellflower and
passed away last Monday, December at the age of 65. He graduated from San
Jose State with a degree in Aeronautics and had his pilot's license. He was a
member of Diamond Bar's Municipal Advisory Council prior to incorporation in
1989. He ran for Council and he ran for Assembly. Gary worked for many years
for Assemblyman Huff, four years in the Assembly and the last six years for
Senator Huff. He can state with certainty that Gary was Bob's closest advisor as
Gary was to many individuals and as M/Tye can attest to as one of his best
friends. Gary is survived by Donna Neely, Virgilio and Leroy Bolduc. He wished
his friend Gary Neely Godspeed. Have a very Merry Christmas, Happy
Hanukkah, a safe and Happy New Year,
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
City Council Meeting at 8:13 p.m. in memory of longtime resident Gary Neely to
Monday, January 5, 2015 at 3:00 p.m. in the City Hall Windmill Room, 21810 Copley
Drive, to conduct applicant interviews for appointment to fill one City Council vacancy.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2015.
STEVE TYE, MAYOR
Agenda # 6 . 2
Meeting Date: January 6, 2015
CITY COUNCIL v AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man'r
TITLE: Ratification of Check Register dat d December 11, 2014 through
December 30, 2014 totaling $ 1,726,352.29
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,726,352.29 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly basis
with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated December 11, 2014 through
December 30, 2014 for $ 1,726,352.29 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 Y:
�tyJt\GweVVJ�9 �i �2�1
Finance Director
Attachments: Affidavit and Check Register — 12/11/14 through 12/30/14.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated December 11, 2014 through December 30, 2014 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Description
Amount
General Fund
$1,233,892.68
Prop A- Transit Fund
$19,189.20
Prop C - Transit Tax Fund
$57,125.78
Intergrated Waste Management Fund
$9,472.05
Com Dev Block Grant Fund
$2,193.20
CA Law Enf Equipment Fund
$4,604.92
LLAD 38 Fund
$14,345.69
LLAD 39 Fund
$5,724.47
LLAD 41 Fund
$10,232.56
Capital Imp Projects Fund
130,372.40
PFA - Debt Service Fund
239,199.34
$1,726,352.29
Signed:
Dianna Honeywell
Finance Director
SUNGARD PENTAMATION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
AMOUNT
SECURITY SVCS -DBC
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
10100
110411
12/11/14
ACCESSCO
ACCESS CONTROL SECURITY
0015333
10100
110411
12/11/14
ACCESSCO
ACCESS CONTROL SECURITY
0015333
TOTAL
CHECK
CONTRACT CLASS -FALL
0.00
516.60
10100
110412
12/11/14
AFLAC
AFLAC
001
10100
110413
12/11/14
AGIACADE
AGI ACADEMY CORP
0015350
10100
110414
12/11/14
ALEXANDE
ALEXANDER & LYNN INC
0015350
10100
110415
12/11/14
APPLIEDC
APPLIED CONCEPTS INC
1284411
10100
110416
12/11/14
ARCHTERR
ARCHITERRA DESIGN GROUP
2505310
10100
110416
12/11/14
ARCHTERR
ARCHITERRA DESIGN GROUP
2505310
TOTAL
CHECK
1,899.93
SUPPLIES -DBC
10100
110417
12/11/14
BISHOPJO
JOHN E BISHOP
0015350
10100
110418
12/11/14
BREAUXKA
KATHY BREAUX
0015350
10100
110419
12/11/14
BURGERCO
BURGER CONTINENTAL
0015350
10100
110420
12/11/14
CACOMMER
CALIFORNIA COMMERCIAL LI
0015333
10100
110421
12/11/14
CENIDENI
DENISE CENICEROS
001
10100
110422
12/11/14
DELTACAR
DELTA CARE PMI
001
10100
110423
12/11/14
DELTADEN
DELTA DENTAL
001
10100
110424
12/11/14
DENNISCA
CAROL A DENNIS
0014030
10100
110425
12/11/14
DIR
DEPARTMENT OF INDUSTRIAL
0015333
10100
110426
12/11/14
DHMAINTE
DH MAINTENANCE
0015340
10100
110426
12/11/14
DHMAINTE
DH MAINTENANCE
0014093
10100
110426
12/11/14
DHMAINTE
DH MAINTENANCE
0015333
TOTAL
CHECK
IRRIGATION IMP -PARKS
0.00
740.86
10100
110427
12/11/14
DBHANDCA
DIAMOND BAR HAND CAR WAS
0014090
10100
110427
12/11/14
DBPANDCA
DIAMOND BAR HAND CAR WAS
0015554
10100
110427
12/11/14
DBHANDCA
DIAMOND BAR HAND CAR WAS
0015310
TOTAL
CHECK
10100
110428
12/11/14
DBMOBIL
DIAMOND BAR MOBIL
0015310
10100
110429
12/11/14
EWING
EWING
0015340
10100
110429
12/11/14
EWING
EWING
1415541
10100
110429
12/11/14
EWING
EWING
1385538
TOTAL
CHECK
10100
110430
12/11/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
PAGE NUMBER: 1
ACCTPA21
-----DESCRIPTION------
SALES TAX
AMOUNT
SECURITY SVCS -DBC
0.00
802.95
SECURITY SVCS -DBC
0.00
850.65
0.00
1,653.60
NOV 14-SUPP INS PREM
0.00
1,580.54
CONTRACT CLASS -FALL
0.00
516.60
CONTRACT CLASS -FALL
0.00
777.60
LIDAR TRAFFIC RADAR
0.00
4,604.92
REIMB-MILEAGE
0.00
11.20
ADDL MAINT-MINI PARKS
0.00
427.50
0.00
438.70
CONTRACT CLASS -FALL
0.00
154.80
CONTRACT CLASS -FALL
0.00
126.00
HOLIDAY DINNER -SR DEC
0.00
1,899.93
SUPPLIES -DBC
0.00
195.57
RECREATION REFUND
0.00
84.00
DEC 14-BM0 DENTAL PRE
0.00
320.45
DEC 14 -DENTAL PREM
0.00
4,492.06
PROF.SVCS-CC MTS
0.00
100.00
INSPECTION SVCS -CIS
0.00
125.00
JANITORIAL SVCS -PARKS
0.00
735.17
JANITORIAL SVCS -DBC
0.00
6,500.00
JANITORIAL SVCS-C/H,L
0.00
12,250.83
0.00
19,486.00
CAR WASH -CITY VEH
0.00
217.84
CAR WASH-P/WORKS
0.00
35.00
CAR WASH -COM SVCS
0.00
14.99
0.00
267.83
FUEL -COMM SVCS
0.00
351.50
IRRIGATION IMP -PARKS
0.00
740.86
IRRIGATION IMP -441
0.00
2,703.20
IRRIGATION IMP -#38
0.00
5,186.04
0.00
8,630.10
E/MAIL-FPL 2014-297
0.00
36.22
SUNGARD PENTAMATION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
AMOUNT
E/MAIL-FPL 2014-439
CASH ACCT
CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
10100
110430
12/11/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
10100
110430
12/11/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
10100
110430
12/11/14
EXPRESSM
EXPRESS MAIL CORPORATE A
0014090
10100
110430
12/11/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
TOTAL
CHECK
17,735.00
0.00
10100
110431
12/11/14
HARDYHAR
HARDY & HARPER INC
0015554
10100
110431
12/11/14
HARDYEAR
HARDY & HARPER INC
0015554
TOTAL
CHECK
0.00
130.04
10100
110432
12/11/14
WHITECAP
HDS WHITE CAP CONST SUPP
1415541
10100
110433
12/11/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0014093
10100
110433
12/11/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015333
10100
110433
12/11/14
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015340
TOTAL
CHECK
0.00
16.46
10100
110434
12/11/14
JOHNSONK
KEITH JOHNSON
0015350
10100
110435
12/11/14
KENSHARD
KENS HARDWARE
0015340
10100
110435
12/11/14
KENSHARD
KENS HARDWARE
0015333
10100
110435
12/11/14
KENSHARD
KENS HARDWARE
0014093
10100
110435
12/11/14
KENSHARD
KENS HARDWARE
0015310
10100
110435
12/11/14
KENSHARD
KENS HARDWARE
0015333
TOTAL
CHECK
573.00
DEC 14 -EAP PREMIUMS
0.00
10100
110436
12/11/14
KLEINGAB
GABRIELA KLEIN
0015350
10100
110437
12/11/14
LANCESOL
LANCE, SOIL & LUNGHARD L
0014050
10100
110438
12/11/14
LILLIECO
CONSTANCE J LILLIE
0015350
10100
110439
12/11/14
LOOMIS
LOOMIS
0014090
10100
110440
12/11/14
MAGICALS
MAGICAL STEPS ACADEMY
0015350
10100
110441
12/11/14
MANAGEDH
MANAGED HEALTH NETWORK
001
10100
110442
12/11/14
MANRIQUE
LUPE MANRIQUEZ
001
10100
110443
12/11/14
MITYLITE
MITY LITE INC
0015333
10100
110444
12/11/14
MOONEYMA
MARLENE RAMIREZ MOONEY
0015350
10100
110445
12/11/14
OLYMPIC
OLYMPIC STAFFING SERVICE
0015510
10100
110445
12/11/14
OLYMPIC
OLYMPIC STAFFING SERVICE
0015310
TOTAL
CHECK
10100
110446
12/11/14
PERSHEAL
PERS HEALTH
0014090
10100
110446
12/11/14
PERSHEAL
PERS HEALTH
001
10100
110446
12/11/14
PERSHEAL
PERS HEALTH
0014060
TOTAL
CHECK
PAGE NUMBER: 2
ACCTPA21
-----DESCRIPTION----
SALES TAX
AMOUNT
E/MAIL-FPL 2014-439
0.00
36.22
E/MAIL-FPL 2013-380
0.00
36.22
E/MAIL-GENERAL
0.00
18.11
E/MAIL-FPL 2014-516
0.00
18.11
0.00
144.88
SIDEWALK REPAIR-CLBRN
0.00
8,080.00
SIDEWALK REPAIR-ERLGT
0.00
17,735.00
0.00
25,815.00
SUPPLIES -DIST 41
0.00
3,905.66
SUPPLIES -CITY HALL
0.00
125.19
SUPPLIES -DBC
0.00
130.04
SUPPLIES -PARKS
0.00
150.76
0.00
405.99
D.S. SVCS -HOLIDAY DNR
0.00
350.00
SUPPLIES -PARKS
0.00
180.28
SUPPLIES -DHC
0.00
145.14
SUPPLIES -CITY HALL
0.00
16.46
SUPPLIES -COMM SVCS
0.00
4.35
MEMO CREDIT
0.00
-5.20
0.00
341.03
CONTRACT CLASS -FALL
0.00
1,111.80
AUDIT SVCS -FINAL
0.00
2,088.00
CONTRACT CLASS -FALL
0.00
326.40
COURIER SVCS-NOV 14
0.00
826.88
CONTRACT CLASS -FALL
0.00
573.00
DEC 14 -EAP PREMIUMS
0.00
165.88
FACILITY REFUND -DBC
0.00
200.00
ADDL CHAIRS -DBC
0.00
594.89
CONTRACT CLASS -FALL
0.00
660.00
TEMP SVCS-P/WORKS
0.00
161.26
TEMP SVCS -COM SVCS
0.00
158.88
0.00
320.14
DEC 14 -RETIREE H/INS
0.00
595.00
DEC 14 -HEALTH INS PRE
0.00
43,024.36
DEC 14 -HEALTH ADM FEE
0.00
157.20
0.00
43,776.56
SUNGARD PENTAMATION INC PAGE NUMBER: 3
DATE: 12/31/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
CASH ACCT
CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
110447
12/11/14
RFDICKSO
R F DICKSON COMPANY INC
0015554
S/SWEEPING SVCS -OCT
0.00
12,890.90
10100
110448
12/11/14
RKACONSU
RNA CONSULTING GROUP
0015220
BLDG & SFTY SVCS -OCT
0.00
45,005.68
10100
110449
12/11/14
SINGHBAL
BALDEV SINGH
001
FACILITY REFUND -DBC
0.00
2,660.00
10100
110449
12/11/14
SINGHBAL
BALDEV SINGH
001
FACILITY REFUND -DBC
0.00
500.00
10100
110449
12/11/14
SINGHBAL
BALDEV SINGH
001
FACILITY REFUND -DBC
0.00
173.00
TOTAL
CHECK
0.00
3,333.00
10100
110450
12/11/14
SMARTFIN
SMART & FINAL
0015350
SUPPLIES -VET DAY
0.00
526.72
10100
110450
12/11/14
SMARTFIN
SMART & FINAL
2505310
SUPPLIES -GRAND TRAIL
0.00
120.12
TOTAL
CHECK
0.00
646.84
10100
110451
12/11/14
SCAQMD
SO COAST AIR QUALITY MGT
0014090
FACILITY RENTAL-C/MTG
0.00
2,153.78
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
0015340
ELECT SVCS -PARKS
0.00
5,303.88
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
0015333
ELECT SVCS -DSC
0.00
5,547.74
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS -DIST 38
0.00
530.51
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
1415541
ELECT SVCS -DIST 41
0.00
251.40
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
1395539
ELECT SVCS -DIST 39
0.00
439.28
10100
110452
12/11/14
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS -DIST 38
0.00
57.47
TOTAL
CHECK
0.00
12,130.28
10100
110453
12/11/14
SPARKLET
SPARKLETTS
0015340
WATER SUPPLIES-S/CYN
0.00
39.96
10100
110453
12/11/14
SPARKLET
SPARKLETTS
0015340
ENERGY SURCHARGE
0.00
3.01
10100
110453
12/11/14
SPARKLET
SPARKLETTS
0015340
EQ RENTAL-SYC CYN
0.00
12.00
TOTAL
CHECK
0.00
54.97
10100
110454
12/11/14
STANDARD
STANDARD INSURANCE OF OR
001
DEC 14-SUPP LIFE INS
0.00
399.00
10100
110454
12/11/14
STANDARD
STANDARD INSURANCE OF OR
001
DEC 14 -LIFE INS PREM
0.00
1,026.00
10100
110454
12/11/14
STANDARD
STANDARD INSURANCE OF OR
001
DEC 14-STD/LTD
0.00
2,117.09
TOTAL
CHECK
0.00
3,542.09
10100
110455
12/11/14
TAMSIUKI
SIU KI TAM
0015350
CONTRACT CLASS -FALL
0.00
153.60
10100
110456
12/11/14
TAMANGEL
TAMANG ELECTRIC INC
0014093
CONSTRUCTION-C/HALL
0.00
22,980.00
10100
110456
12/11/14
TAMANGEL
TAMANG ELECTRIC INC
250
RETENTIONS PAYABLE
0.00
-1,149.00
TOTAL
CHECK
0.00
21,831.00
10100
110457
12/11/14
TENNISAN
TENNIS ANYONE INC
0015350
CONTRACT CLASS -FALL
0.00
1,003.10
10100
110457
12/11/14
TENNISAN
TENNIS ANYONE INC
0015350
CONTRACT CLASS -FALL
0.00
5,129.60
TOTAL
CHECK
0.00
6,132.70
10100
110458
12/11/14
THESAUCE
THE SAUCE CREATIVE SERVI
0015350
POSTCARDS -SNOW FEST
0.00
626.75
10100
110456
12/11/14
THESAUCE
THE SAUCE CREATIVE SERVI
0015350
SIGNS -CRAFT FAIR
0.00
179.97
TOTAL
CHECK
0.00
806.72
10100
110459
12/11/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015333
LANDSCAPE MAINT-DBC
0.00
5,645.47
10100
110459
12/11/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
LANDSCAPE MAINT-PARKS
0.00
25,504.11
TOTAL
CHECK
0.00
31,149.58
SUNGARD PENTAMATION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
AMOUNT
CASH ACCT CHECK NO
ISSUE IT
VENDOR NAME
FUND/DIVISION
10100
110460
12/11/14
VSP VISION SERVICE PLAN
001
10100
110461
12/11/14
WAXIESAN WAXIE SANITARY SUPPLY
0015333
10100
110461
12/11/14
WAXIESAN WAXIE SANITARY SUPPLY
0014093
TOTAL
CHECK
0.00
1,048.50
10100
110462
12/11/14
WESTCOAS WEST COAST ARBORISTS INC
0015558
10100
110462
12/11/14
WESTCOAS WEST COAST ARBORISTS INC
0015558
TOTAL
CHECK
0.00
72.00
10100
110463
12/11/14
WESTONDA DANIEL JOSEPH WESTON
0015350
10100
110464
12/11/14
WINECKIT THERESA WINECKI
0015350
10100
110465
12/11/14
WONGTHOM THOMAS WONG
0015350
10100
110466
12/18/14
AARP AARP
0015350
10100
110467
12/18/14
ACSI ACSI
001
10100
110468
12/18/14
AMERITEC AMERITECH BUSINESS SYSTE
0014090
10100
110469
12/18/14
ASISINTE ASIS INTERNATIONAL
0014070
10100
110470
12/18/14
BANZUELA RAINIER BANZUELA II
001
10100
110471
12/18/14
BENESYST BENESYST
0014060
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
10100
110472
12/18/14
BONTERRA BONTERRA PSOMAS
001
TOTAL
CHECK
0.00
335.18
10100
110473
12/18/14
BURGERCO BURGER CONTINENTAL
0015350
10100
110474
12/18/14
CARRERAT TED A CABRERA
0015510
10100
110475
12/18/14
REINBERG CNC PRINTWERKS
0014090
10100
110476
12/18/14
CRITTEND CRITTENDEN RESEARCH
0014030
10100
110477
12/18/14
DAPEERRO DAPEER ROSENBLIT & LITVA
0014020
10100
110477
12/18/14
DAPEERRO DAPEER ROSENBLIT & LITVA
0014020
10100
110477
12/18/14
DAPEERRO DAPEER ROSENBLIT & LITVA
0014020
10100
110477
12/18/14
DAPEERRO DAPEER ROSENBLIT & LITVA
0014020
TOTAL
CHECK
PAGE NUMBER: 4
ACCTPA21
-----DESCRIPTION------
SALES TAX
AMOUNT
DEC 14 -VISION PREM
0.00
1,687.73
SUPPLIES -DBC
0.00
1,404.60
SUPPLIES -CITY HALL
0.00
272.50
0.00
1,677.10
WATERING SVCS-NOV 14
0.00
1,048.50
TREE MAINT-NOV 2014
0.00
7,205.55
0.00
8,254.05
CONTRACT CLASS -FALL
0.00
72.00
CONTRACT CLASS -FALL
0.00
231.00
CONTRACT CLASS -FALL
0.00
432.00
AARP MATURE DRIVING
0.00
65.00
MISC PAYABLE-VARGAS
0.00
272.69
COPIER MAINT-NOV 14
0.00
848.38
MEMBERSHIP DUES
0.00
195.00
FACILITY REFUND -DBC
0.00
400.00
FLEX ADMIN SVCS -OCT
0.00
100.00
ADMIN FEE -FPL 02-09
0.00
-552.97
ADMIN FEE -FPL 2002-65
0.00
424.12
ADMIN FEE -FPL 2002-09
0.00
673.96
ADMIN FEE -FPL 2002-09
0.00
-673.96
ADMIN FEE -FPL 2002-65
0.00
-424.12
PROF.SVCS-FPL 2002-09
0.00
3,744.20
PROF.SVCS-FPL 2002-65
0.00
2,356.20
ADMIN FEE -FPL 02-09
0.00
552.97
PROF.SVCS-MITIGATION
0.00
3,072.05
.0.00
9,172.45
SR HOLIDAY DINNER
0.00
335.18
T & T COMM-NOV 13
0.00
45.00
PRINT SVCS -BUS CARDS
0.00
127.53
SUBSCRIPTION RENEWAL
0.00
499.00
LEGAL SVCS-MCCABE
0.00
41.00
LEGAL SVCS-DECORAH
0.00
1,489.26
LEGAL SVCS -SHELL NOV
0.00
1,777.21
LEGAL SVCS-NOV 2014
0.00
4,837.65
0.00
8,145.12
SUNGARD PENTAMATION INC PAGE NUMBER: 5
DATE: 12/31/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-229
0.00
1,013.76
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL 12-454
0.00
467.37
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL 11-452
0.00
1,337.77
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL13-229
0.00
5,632.00
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-229
0.00
-1,013.76
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 12-454
0.00
-84.13
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -EPL 12-529
0.00
-64.80
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-300
0.00
-43.20
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 11-452
0.00
-240.80
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-45
0.00
-5.22
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-45
0.00
5.22
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL 13-45
0.00
29.00
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 12-529
0.00
64.80
10100
110476
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 13-300
0.00
43.20
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 12-454
0.00
84.13
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL 13-300
0.00
240.00
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -FPL 11-452
0.00
240.80
10100
110478
12/18/14
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-FPL 12-529
0.00
360.00
TOTAL
CHECK
0.00
8,066.14
10100
110479
12/18/14
DAYNITEC
DAY & NITE COPY CENTER
0015510
- PRINT SVCS-P/SPECS
0.00
378.01
10100
110479
12/18/14
DAYNITEC
DAY & NITE COPY CENTER
0015510
PRINT SVCS-P/SPECS
0.00
2,501.28
TOTAL
CHECK
0.00
2,879.29
10100
110480
12/18/14
DENNISCA
CAROL A DENNIS
0015510
PROF.SVCS-T&T MTG
0.00
75.00
10100
110480
12/18/14
DENNISCA
CAROL A DENNIS
0015210
PROF.SVCS-PLNG COMM
0.00
25.00
TOTAL
CHECK
0.00
100.00
10100
110481
12/18/14
DHANANIS
SHARMIN DHANANI
001
RECREATION REFUND
0.00
168.00
10100
110482
12/18/14
DHILLONM
MALKIAT DHILLON
001
FACILITY REFUND -DBC
0.00
700.00
10100
110483
12/18/14
DBHANDCA
DIAMOND BAR HAND CAR WAS
0015554
CAR WASH-P/WORKS
0.00
105.00
10100
110483
12/18/14
DBHANDCA
DIAMOND BAR HAND CAR WAS
0014090
CAR WASH -POOL VEH
0.00
- 273.80
10100
110483
12/18/14
DEHANDCA
DIAMOND BAR HAND CAR WAS
0015310
CAR WASH -COMM SVCS
0.00
59.96
10100
110483
12/18/14
DBHANDCA
DIAMOND BAR HAND CAR WAS
0015230
CAR WASH -CODE ENFORC
0.00
13.99
TOTAL
CHECK
0.00
452.75
10100
110484
12/18/14
YMCA
DIAMOND BAR/WALNUT YMCA
1255215
CDBG PROG-YMCA NOV
0.00
700.00
10100
110484
12/18/14
YMCA
DIAMOND BAR/WALNUT YMCA
1255215
CDBG PROG-YMCA OCT
0.00
1,200.00
TOTAL
CHECK
0.00
1,900.00
10100
110485
12/16/14
DIVERSIF
DIVERSIFIED TRANSPORTATI
1135553
HOLIDAY RIDE-NOV 14
0.00
228.00
10100
110485
12/18/14
DIVERSIF
DIVERSIFIED TRANSPORTATI
1135553
DIAMOND RIDE-NOV 14
0.00
51,897.75
TOTAL
CHECK
0.00
52,125.75
10100
110486
12/18/14
EMERALD
EMERALD LANDSCAPE SERVIC
0014093
ADDL MAINT-CITY HALL
0.00
118.30
10100
110487
12/18/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
E/MAIL-FPL 2014-238
0.00
36.22
10100
110487
12/18/14
EXPRESSM
EXPRESS MAIL CORPORATE A
001
E/MAIL-FPL 2014-51
0.00
18.11
10100
110487
12/18/14
EXPRESSM
EXPRESS MAIL CORPORATE A
0014090
E/MAIL-GENERAL
0.00
18.11
SUNGARD PENTAMATION INC PAGE NUMBER: 6
DATE: 12/31/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND
- .001 -
GENERAL FUND
CASH ACCT
CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
TOTAL CHECK
0.00
72.44
10100
110488
12/18/14
EXTERIOR
EXTERIOR PRODUCTS INC
0015310
INSTALL -HOLIDAY BUSES
0.00
5,860.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
PEST CONTROL-PANTERA
0.00
30.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
PEST CONTROL -HERITAGE
0.00
40.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
RODENT CONTROL -DHC
0.00
40.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
PEST CONTROL -PETERSON
0.00
50.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
PEST CONTROL-C/HALL
0.00
50.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
RODENT CONTROL-C/HALL
0.00
65.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
PEST CONTROL -DBC
0.00
75.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
FIRE ANTS -DBC
0.00
150.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
FIRE ANTS -PETERSON
0.00
225.00
10100
110489
12/18/14
EXTERMIN
EXTERMINETICS OF SO CAL
0015340
FIRE ANTS-LORBEER
0.00
375.00
TOTAL CHECK
0.00
1,100.00
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2012-479
0.00
34.65
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2012-529
0.00
34.65
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2013-300
0.00
31.33
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2012-164
0.00
15.96
10100
110490
12/18/14
FEDEX
FEDEX
0014090
EXPRESS MAIL -GENERAL
0.00
53.93
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2011-452
0.00
47.88
10100
110490
12/18/14
FEDEX
FEDEX
0014090
EXPRESS MAIL -GENERAL
0.00
333.74
10100
110490
12/18/14
FEDEX
FEDEX
0014090
EXPRESS MAIL -GENERAL
0.00
112.99
10100
110490
12/18/14
FEDEX
FEDEX
001
E/MAIL-FPL 2013-229
0.00
243.43
TOTAL CHECK
0.00
908.56
10100
110491
12/18/14
FEHRPEER
FEHR & PEERS
0015551
T/ENG SVCS-SR57/60
0.00
8,454.60
10100
110492
12/18/14FOSTERBE
BEN FOSTER
001
FACILITY REFUND-M/HLL
0.00
50.00
10100
110493
12/18/14
GLOBALST
GLOBALSTAR USA
0014440
SATELLITE PHONES SVCS
0.00
4,177.15
10100
110494
12/18/14
GOLIVETE
GO LIVE TECHNOLOGY INC
0014070
CONSULTANT SVCS-NOV
0.00
3,654.00
10100
110495
12/18/14
GRAFFITI
GRAFFITI CONTROL SYSTEMS
0015230
GRAFFITI REMOVAL-NOV
0.00
3,294.00
10100
110496
12/18/14
GRANDMOB
GRAND MOBIL
0015230
VEH MAINT-CODE ENFORC
0.00
329.83
10100
110497
12/18/14
GREENBUI
GREEN BUILDING CORPORATI
250
RETENTIONS PAYABLE
0.00
-159.59
10100
110497
12/18/14
GREENBUI
GREEN BUILDING CORPORATI
250
RETENTIONS PAYABLE
0.00
-351.75
10100
110497
12/18/14
GREENBUI
GREEN BUILDING CORPORATI
2505310
CONSTR-GRANDVIEW
0.00
3,191.62
10100
110497
12/18/14
GREENBUI
GREEN BUILDING CORPORATI
2505310
CONSTR-GRANDVTEW
0.00
7,035.23
TOTAL CHECK
0.00
9,715.51
10100
110498
12/18/14
HARDYHAR
HARDY & HARPER INC
250
RETENTIONS PAYABLE
0.00
-6,381.43
10100
110498
12/18/14
HARDYHAR
HARDY & HARPER INC
2505510
ADDL ROAD MAINT-LOOPS
0.00
11,500.00
10100
110498
12/18/14
HARDYHAR
HARDY & HARPER INC
2505510
RD MAINT-ARTERIAL Z 1
0.00
36,295.00
10100
110498
12/18/14
HARDYEAR
HARDY & HARPER INC
2505510
RD MAINT-AES AREA 2
0.00
79,833.50
TOTAL CHECK
0.00
121,247.07
10100
110499
12/18/14
DISPLAYA
SHIRLEY HELMER
0014010
SUPPLIES -COUNCIL
0.00
51.72
SUNGARD PENTAMATION INC PAGE NUMBER: 7
DATE: 12/31/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
CASH ACCT
CHECK NO
ISSUE DT
VENDOR NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
110500
12/18/14
HOFFMANS HOFFMAN SOUTHWEST CORP
0015340
PARK MAINT-REAGAN
0.00
561.00
10100
110501
12/18/14
HSUCYNTH CYNTHIA HSU
001
FACILITY REFUND -DHC
0.00
100.00
10100
110502
12/18/14
IMPACTSI IMPACT SIGNS
0015340
SUPPLIES -COMM SVCS
0.00
752.10
10100
110503
12/18/14
INLANDEM INLAND EMPIRE STAGES
0015350
SR EXCURSION -L WELK
0.00
3,312.67
10100
110503
12/18/14
INLANDEM INLAND EMPIRE STAGES
1125350
TRANS -SR EXCURSION
0.00
591.08
TOTAL
CHECK
0.00
3,903.75
10100
110504
12/18/14
AZIZISAA ISAAC AZIZ
0014060
TUITION REIMB
0.00
1,197.00
10100
110505
12/18/14
JACKSONS JACKSON'S AUTO SUPPLY
0015310
VEH MAINT-COMM SVCS
0.00
12.01
10100
110506
12/18/14
KATHOLPA PAMELA PATROL
001
FACILITY REFUND-PTRSN
0.00
50.00
10100
110507
12/18/14
KENSHARD KENS HARDWARE
0015333
SUPPLIES -DHC
0.00
279.75
10100
110507
12/18/14
KENSHARD KENS HARDWARE
0014093
SUPPLIES -CITY HALL
0.00
248.29
10100
110507
12/18/14
KENSHARD KENS HARDWARE
0015340
SUPPLIES -PARKS
0.00
498.23
TOTAL
CHECK
0.00
1,026.27
10100
110508
12/18/14
KEYSERMA KEYSER MARSTON ASSOCIATE
0014096
CONSULTANT SVCS-NOV
0.00
4,590.00
10100
110509
12/18/14
LACMTA LOS ANGELES COUNTY MTA
1125553
CITY SUBSIDY -DEC 2014
0.00
604.95
10100
110509
12/18/14
LACMTA LOS ANGELES COUNTY MTA
1125553
MTA PASSES -DEC 2014
0.00
2,096.55
TOTAL
CHECK
0.00
2,701.50
10100
110510
12/18/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
CONTRACT SVCS -OCT 14
0.00
447,341.72
10100
110510
12/18/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
HELICOPTER SVCS -OCT
0.00
174.17
10100
110510
12/18/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
ST SWEEPER -OCT 2014
0.00
703.36
10100
110510
12/18/14
LASHERIF LOS ANGELES COUNTY SHERI
0014411
CALVARY CHAPEL -OCT 14
0.00
8,386.66
10100
110510
12/18/14
LASHERIF LOS ANGELES COUNTY SHERI
1125553
TRANSIT SALES -OCT 14
0.00
140.92
TOTAL
CHECK
0.00
456,746.83
10100
110511
12/18/14
MEHTASUR SURENDRA MENTA
0015510
T & T COMM-NOV 13
0.00
45.00
10100
110512
12/18/14
MOBILEIN MOBILE INDUSTRIAL SUPPLY
0015350
CYLINDER HELIUM
0.00
24.00
10100
110512
12/18/14
MOBILEIN MOBILE INDUSTRIAL SUPPLY
0015340
SUPPLIES-CYLNDR ARGON
0.00
8.00
TOTAL
CHECK
0.00
3.2.00
10100
110513
12/18/14
MOKKENNE KENNETH MOK
0015510
T & T COMM-NOV 13
0.00
45.00
10100
110514
12/18/14
NARANJOM MINERVA NARANJO
001
FACILITY REFUND-HRTGE
0.00
200.00
10100
110515
12/16/14
OFFICEMA OFFICEMAX INC
0015350
SUPPLIES -COMM SVCS
0.00
160.78
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0014095
SUPPLIES-P/INFO
0.00
126.06
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0015210
SUPPLIES-PLNG
0.00
66.18
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0014030
SUPPLIES-CMGR
0.00
67.49
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0014095
SUPPLIES-P/INFO
0.00
402.68
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0015350
SUPPLIES -COMM SVCS
0.00
14.65
10100
110515
12/18/14
OFFICEMA OFFICEMAX INC
0015350
SUPPLIES -COMM SVCS
0.00
19.62
SUNGARD PENTAMATION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
AMOUNT
SUPPLIES -COMM SVCS
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
10100
110515
12/18/14
OFFICEMA
OFFICEMAX INC
0015350
10100
110515
12/18/14
OFFICEMA
OFFICEMAX INC
0015333
10100
110515
12/18/14
OFFICEMA
OFFICEMAX INC
0014030
TOTAL
CHECK
0.00
66.06
10100
110516
12/18/14
ORKININC
ORKIN PEST CONTROL INC
1385538
10100
110516
12/18/14
ORKININC
ORKIN PEST CONTROL INC
0015340
TOTAL
CHECK
FACILITY REFUND -DBC
0.00
10100
110517
12/18/14
PTS
PACIFIC TELEMANAGEMENT S
0015340
10100
110518
12/18/14
PAETECCO
PAETEC COMMUNICATIONS IN
0014090
10100
110519
12/18/14
PALCACIO
ANTONIA PALCACIOS
001
10100
110520
12/18/14
PARCELQU
PARCELQUEST
0014070
10100
110521
12/18/14
PECHYED
ED PECHY
0015510
10100
110522
12/18/14
PSI
PROTECTION ONE INC
0015333
10100
110522
12/18/14
PSI
PROTECTION ONE INC
0015340
TOTAL
CHECK
50.00
10100
110523
12/18/14
RAIGOZAD
DAMIANO RAIGOZA
001
10100
110524
12/18/14
RAMOSROA
RO-ANNE RAMOS
001
10100
110524
12/18/14
RAMOSROA
RO-ANNE RAMOS
001
10100
110524
12/18/14
RAMOSROA
RO-ANNE RAMOS
001
TOTAL
CHECK
150,791.22
FACILITY REFUND-PNTRA
10100
110525
12/18/14
RISC
REGIONAL TAP SERVICE CEN
1125553
10100
110525
12/18/14
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
110525
12/16/14
RISC
REGIONAL TAP SERVICE CEN
1125553
TOTAL
CHECK
0.00
32.58
10100
110526
12/18/14
RKACONSU
RICA CONSULTING GROUP
0015220
10100
110527
12/18/14
SANCALIC
ALICIA SANCHEZ
001
10100
110528
12/18/14
SARIAZZA
AZZA SARIELDIN
001
10100
110529
12/18/14
SIMPSONA
SIMPSON ADVERTISING INC
0014095
10100
110530
12/18/14
SOCIALVO
SOCIAL VOCATIONAL SERVIC
0015558
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
0015340
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
1385538
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
1415541
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
1415541
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
1385538
10100
110531
12/18/14
SCE
SOUTHERN CALIFORNIA EDIS
1385538
TOTAL
CHECK
PAGE NUMBER: 8
ACCTPA21
-----DESCRIPTION------
SALES TAX
AMOUNT
SUPPLIES -COMM SVCS
0.00
34.13
SUPPLIES -DHC
0.00
54.54
SUPPLIES-CMGR
0.00
59.50
0.00
1,005.63
GOPHER CONTROL-NOV
0.00
63.37
PEST CONTROL-NOV
0.00
66.06
0.00
129.43
PARK PAY PHONES
0.00
495.84
LONG DIST PH SVCS
0.00
648.30
FACILITY REFUND -DBC
0.00
100.00
PARCEL DATA DVD
0.00
1,063.80
T & T COMM-NOV 13
0.00
45.00
ALARM SVCS -DHC
0.00
69.76
ALARM SVCS -HERITAGE
0.00
99.08
0.00
168.84
FACILITY REFUND -DBC
0.00
400.00
FACILITY REFUND-S/CYN
0.00
119.00
FACILITY REFUND-S/CYN
0.00
45.00
FACILITY REFUND-S/CYN
0.00
50.00
0.00
214.00
COMM-NOV 2014
0.00
-437.40
TAP MNTLY PASSES-NOV
0.00
11,611.20
CITY SUBSIDY-NOV 2014
0.00
2,968.60
0.00
14,142.60
BLDG & SFTY SVCS-NOV
0.00
150,791.22
FACILITY REFUND-PNTRA
0.00
100.00
FACILITY REFUND-REAGA
0.00
50.00
DESIGN SVCS -DB CONN
0.00
4,470.00
LITTER MAINT-NOV 14
0.00
1,982.76
ELECT SVCS -PARKS
0.00
32.58
ELECT SVCS -DIST 38
0.00
27.14
ELECT SVCS -DIST 41
0.00
27.52
ELECT SVCS -DIST 41
0.00
27.66
ELECTS SVCS -DIST 38
0.00
28.36
ELECT SVCS -DIST 38
0.00
83.14
0.00
226.40
SUNGARD PENTAMATION INC PAGE NUMBER: 9
DATE: 12/31/2014 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 -
GENERAL FUND
CASH ACCT CHECK NO
ISSUE IT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
110532
12/18/14
SULAKHEM
MANISHA SULAKHE
0015510
T & T COMM-NOV 13
0.00
45.00
10100
110533
12/18/14
SUSTAINA
SUSTAINABLE ENVIRONMENTA
1155515
WASTE HAULER MGMT-NOV
0.00
220.00
10100
110534
12/18/14
SWRCB
SWRCB ACCOUNTING OFFICE
0015510
ANNL PERMIT FEE-WDR
0.00
11,195.00
10100
110534
12/18/14
SWRCB
SWRCB ACCOUNTING OFFICE
0015510
ANNL PERMIT FEE-NPDES
0.00
21,848.00
TOTAL
CHECK
0.00
33,043.00
10100
110535
12/18/14
TAITDAVI
DAVID TAIT
0015551
CONSULTANT SVCS-NOV
0.00
1,700.00
10100
110536
12/18/14
TELEPACI
TELEPACIFIC COMMUNICATIO
0014070
T-1 INTERNET SVCS -DEC
0.00
869.06
10100
110537
12/18/14
THECOMDY
THE COMDYN GROUP INC
0014070
CONSULTANT SVCS -11/28
0.00
2,588.56
10100
110538
12/18/14
SCGAS
THE GAS COMPANY
0014093
GAS SVCS -CITY HALL
0.00
1,334.54
10100
110538
12/18/14
SCGAS
THE GAS COMPANY
0015340
GAS SVCS -HERITAGE
0.00
175.81
TOTAL
CHECK
0.00
1,510.35
10100
110539
12/18/14
ADELPHIA
TIME WARNER CABLE
0014010
MODEM SVCS -COUNCIL
0.00
105.98
10100
110539
12/18/14
ADELPHIA
TIME WARNER CABLE
0014070
INTERNET SVCS-HERITAG
0.00
189.95
10100
110539
12/18/14
ADELPHIA
TIME WARNER CABLE
0014070
INTERNET SVCS -T IGMB
0.00
950.00
TOTAL
CHECK
0.00
1,245.93
10100
110540
12/18/14
TRICITIE
TRI -CITIES POOL SERVICE
0015333
FOUNTAIN MAINT-NOV
0.00
160.00
10100
110541
12/18/14
ULITHEUR
ULI THE URBAN LAND INSTI
0015210
MEMBERSHIP DUES-GUBMN
0.00
215.00
10100
110542
12/18/14
USPSBULK
UNITED STATES POSTAL SER
0014095
FIRST CLASS MAIL
0.00
24,000.00
10100
110543
12/18/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
ADDL MAINT-M/HILL
0.00
250.00
10100
110543
12/18/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
ADDL MAINT-HERITAGE
0.00
415.00
10100
110543
12/18/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
ADDL MAINT-PANTERA
0.00
459.60
10100
110543
12/18/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
ADDL MAINT-PANTERA
0.00
490.87
10100
110543
12/18/14
VALLEYCR
VALLEY CREST LANDSCAPE M
0015340
AIDE MAINT-PANTERA
0.00
750.00
TOTAL
CHECK
0.00
2,365.47
10100
110544
12/18/14
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
12/19/14 -LOAN DEDUC
0.00
3,003.19
10100
110544
12/18/14
VANTAGEP
VANTAGEPOINT TENSER AGNT
001
12/19/14-P/R DECUCTIO
0.00
4,430.28
TOTAL
CHECK
0.00
7,433.47
10100
110545
12/18/14
VISIONIN
VISION INTERNET PROVIDER
0014070
MNTHLY HOSTING-C/WBST
0.00
180.00
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
1385538
WATER SVCS -DIST 38
0.00
932.66
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
1415541
WATER SVCS -DIST 41
0.00
3,317.12
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
1395539
WATER SVCS -DIST 39
0.00
5,285.19
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
1385538
WATER SVCS -DIST 36
0.00
7,437.00
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
0015340
WATER SVCS -PARKS
0.00
11,514.77
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
0015333
WATER SVCS -DBC
0.00
239.99
10100
110546
12/18/14
WVWATER
WALNUT VALLEY WATER DIST
0014093
WATER SVCS -CITY HALL
0.00
415.80
TOTAL
CHECK
0.00
29,142.53
SUNGARD PENTAMATION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMP, 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
10100
110547
12/18/14
WOODRUFF
WOODRUFF SPRADLING &
SMA 0014020
TOTAL
CHECK
RECREATION REFUND
0.00
10100
110548
12/18/14
WRIGHTP
PAUL WRIGHT
0014090
10100
110549
12/18/14
XUFUY
FU YEN XU
001
10100
110549
12/18/14
XUFUY
FU YUN XU
001
10100
110549
12/18/14
XUFUY
FU YUN XU
001
TOTAL
CHECK
P/R TRANSFER-26/PP 14
0.00
10100
110550
12/18/14
TONTHATC
CAROLINE TONTHAT
0014060
10100
110551
12/18/14
KIMHYEYU
NYE YUNG KIM
001
10100
110552
12/18/14
MAYORGAN
NYDIA MAYORGA
001
10100
110553
12/18/14
PERSRETI
PEAS RETIREMENT
001
10100
110553
12/18/14
PERSRETI
PERS RETIREMENT
001
10100
110553
12/18/14
PERSRETI
PERS RETIREMENT
001
TOTAL
CHECK
10100
110554
12/18/14
PERSRETI
PERS RETIREMENT FUND
001
10100
110554
12/18/14
PERSRETI
PERS RETIREMENT FUND
001
10100
110554
12/18/14
PERSRETI
PERS RETIREMENT FUND
001
TOTAL
CHECK
10100
26 -PP 14
12/18/14
PAYROLL
PAYROLL TRANSFER
001
10100
26 -PP 14
12/18/14
PAYROLL
PAYROLL TRANSFER
112
10100
26 -PP 14
12/18/14
PAYROLL
PAYROLL TRANSFER
115
10100
26 -PP 14
12/18/14
PAYROLL
PAYROLL TRANSFER
125
10100
26 -PP 14
12/18/14
PAYROLL
PAYROLL TRANSFER
113
TOTAL
CHECK
-----DESCRIPTION------ SALES TAX
LEGAL SVCS-P/WORKS
0.00
LEGAL SVCS -COMM SVCS
0.00
LEGAL SVCS-H/R
0.00
LEGAL SVCS-M/PATIENTS
0.00
LEGAL SVCS-CMGR
0.00
LEGAL SVCS -COUNCIL
0.00
LEGAL SVCS -COMM DEV
0.00
0.00
A/V SVCS-CNCL MTG
0.00
FACILITY REFUND -DBC
0.00
FACILITY CHRGS-DBC
0.00
FACILITY CHRGS-DBC
0.00
0.00
REIMB-MTG SUPPLIES
0.00
RECREATION REFUND
0.00
RECREATION REFUND
0.00
RETIRE CONTRIB-PEPRA
0.00
RETIRE CONTRIB-EE
0.00
SURVIVOR BENEFIT
0.00
0.00
SURVIVOR BENEFIT
0.00
RETIRE CONTRIB-PEPRA
0.00
RETIRE CONTRIB-EE
0.00
0.00
P/R TRANSFER-26/PP 14
0.00
P/R TRANSFER-26/PP 14
0.00
P/R TRANSFER-26/PP 14
0.00
P/R TRANSFER -26/11P 14
0.00
P/R TRANSFER-26/PP 14
0.00
0.00
PAGE NUMBER: 10
ACCTPA21
AMOUNT
246.00
2050.
61.50
2,635.00
1,168.50
1,025.00
676.50
5,833.00
325.00
500.00
-27.50
-3.98
468.52
181.38
84.00
79.00
93.26
104.44
6.00
203.70
50.22
825.40
13,686.02
14,563.64
171,314.89
1,613.10
9,252.05
293.20
5,000.03
187,473.27
TOTAL CASH ACCOUNT 0.00 1,487,152.95
TOTAL FUND 0.00 1,487,152.95
SUNGARD PENT AMA TION INC
DATE: 12/31/2014 CITY OF DIAMOND BAR
TIME: 10:03:24 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20141211 00:00:00.000' and '20141230 00:00:00.000'
ACCOUNTING PERIOD: 6/15
FUND - 370 - PFA - DEBT SERVICE FD
CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION
10100 12012014 12/18/14 UNIONBAN UNION BANK OF CALIFORNIA 3704090
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
PAGE NUMBER: 11
ACCTPA21
-----DESCRIPTION------ SALES TAX AMOUNT
DEBT SVCS PYMT-DEC 201 0.00 239,199.34
0.00 239,199.34
0.00 239,199.34
0.00 1,726,352.29
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: Treasurer's Statement — November 2014
RECOMMENDATION:
Approve the November 2014 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6.3
Meeting Date: Jan. 6, 2015
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:
to
Dianna Honeywell, Finance Di ctor
Attachments:
Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF NOVEMBER 30, 2014
BEGINNING CASH BALANCE
�7�F�7�xi7=11�1�it
$24,727,618.78
Cash Receipts
$2,418,647.83
Total Cash Received
$2,418,647.83
$27,146,266.61
EXPENDITURES
Checks Written
($1,844,776.80)
Payroll Transfers
(383,953.03)
Wire Transfers
(239,199.34)
Returned Checks
(991.94)
Charge Card Fees & Other Adjustments
(3,723.95)
Total Expenditures
($2,472,645.06)
CASH BALANCE AS OF: NOVEMBER 30, 2014
$24,673,621.55
TOTAL CASH BREAKDOWN
Active Funds
General Account
($299,279.02)
Payroll Account
$50,097.28
Change Fund
$1,200.00
Petty Cash Account
$500.00
Cash With Fiscal Agent
$239,203.13
Unamortized Discount on Investments
$13,655.99
Total Active Funds
$5,377.38
Investment Funds:
Local Agency Investment Fund
$5,242,806.00
Federal Agency Callable
$10,236,982.41
Bank Negotiable CDs
$8,184,361.60
Wells Fargo Advantage Money Market Fund
$1,004,094.16
Total Investment Funds
$24,668,244.17
CASH BALANCE AS OF: NOVEMBER 30, 2014 $24,673,621.55
Average Yield to Maturity 0.948%
FY2014-15 Year -To -Date Interest Earnings $108,274.68
FY2014-15 Budgeted Annual Interest Earnings $177,200.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of November 30, 2014
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
TERM
DAYS TO
MATURITY
YIELD TO MATURITY
Local Agency Investment Fund
$5,242,806.00
21.25%
1
1
0.260
Federal Agency Issues - Callable
$10,236,982.41
41.50%
1,655
778
1.081
Negotiable CD's - Banks
$8,184,361.60
33.18%
1,469
1,158
1.339
Wells Fargo Sweep Account
$1,004,094.16
4.07%
1
1
0.010
Total Investments and Averages $24,668,244.17 100.00% 1175 707 0.948
TOTALS
TOTAL INTEREST EARNED
/ XL�o
I certify that this report accurately reflects all City pooled investments
James DeStej6no 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.
12/18/2014
$24,668,244.17 100.00% N/A N/A N/A
MONTH ENDING
November 30, 2014
$19,297.17
FISCAL YEAR-TO-DATE
2014-15
$108,274.68
Date
Page 1
City of Diamond Bar
Portfolio Management
Portfolio Summary
November 30, 2014
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA
(909)839-7053
Par Market Book %of Days to YTM/C
Investments Value Value Value Portfolio Term Maturity
Local Agency Investment Funds
5,242,806.00
5,243,756.44
5,242,806.00
21.25
1
1
0.260
Federal Agency Callable
10,250,000.00
10,216,758.00
10,236,982.41
41.50
1,655
778
1.081
Negotiable CD
8,185,000.00
8,182,184.05
8,184,361.60
33.18
1,469
1,158
1.339
Wells Fargo Sweep Account
1,004,094.16
1,004,094.16
1,004,094.16
4.07
1
1
0.010
24,681,900.16
24,646,792.65
24,668,244.17
100.00%
1,175
707
0.948
Investments
Total Earnings November 30 Month Ending
Fiscal Year To Date
Current Year 19,297.17
108,274.68
Average Daily Balance 25,722,130.83
23,677,311.73
Effective Rate of ReturnL 0.91%
1.09%
Dianna Honeywell, Finance Director
Reporting period 11/01/2014-11/30/2014 Portfolio POOL
AP
Run Date: 12/15/2014 -13 46 PM (PRF PMI) 73.0
Repod Ver. 7,3.3b
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
November 30, 2014
Page 1
CUSIP
Investment 9
Average
Issuer Balance
Purchase
Date
Par Value
Market Value
Book Value
Stated
Rate
Daysto
Term Maturity
YTM/C
Maturity
Date
Local Agency
Investment Funds
10052
American Express Centurion Bk
05/02/2013
248,000.00
246,596.32
248,000.00
1.100
1,826
1,248
1.101
LAIF
10028
Local Agency Investment Fund
American Express Centurion Bk
5,242,806.00
5,243,756.44
5,242,806.00
0.260
1_1
1,826
0.260
2.101
08/21/2019
Subtotal and Average 5,142,806.00
10091
5,242,806.00
5,243,756.44
5,242,806.00
247,285.51
1
1
0.260
1,674
Federal Agency Callable
07/02/2019
05573JVR2
10072
BMO HARRIS
01/30/2014
248,000.00
248,248.25
248,000.00
1.250
1,826
3133EA5V6
10041
Federal Farm Credit Bank
10/26/2012
500,000.00
497,689.00
499,881.26
0.620
1,459
693
0.633
10/24/2016
3133EC7A6
10043
Federal Farm Credit Bank
12/12/2012.
1,000,000.00
995,018.00
999,393.89
0.820
1,826
1,107
0.840
12/12/2017
3133EC784
10044
Federal Farm Credit Bank
12/13/2012
500,000.00
496,007.00
499,848.33
0.840
1,826
1,108
0.850
12/13/2017
3133ECJL9
10049
Federal Farm Credit Bank
04/02/2013
500,000.00
499,347.00
500,000.00
0.600
1,263
655
0.600
09/16/2016
3133ECMZ4
10051
Federal Farm Credit Bank
05/01/2013
500,000.00
497,400.00
500,000.00
0.690
1,461
882
0.690
05/01/2017
3133ECNY6
10056
Federal Farm Credit Bank
05/06/2013
500,000.00
497,390.00
499,828.19
0.950
1,826
1,254
0.960
05/08/2018
3133ECP40
10060
Federal Farm Credit Bank
05/09/2013
500,000.00
496,139.50
499,542.71
0.640
1,461
890
0.678
05/09/2017
313382HD8
10047
Federal Home Loan Bank
03/27/2013
500,000.00
499,892.50
500,000.00
0.700
1,371
757
0.700
12/27/2016
313382F65
10048
Federal Home Loan Bank
03/27/2013
500,000.00
500,216.00
500,000.00
0.750
1,826
26
0.600
03/27/2018
313382Y98
10057
Fedeml Home Loan Bank
05/16/2013
500,000.00
495,967.50
500,000.00
1.000
1,826
1,262
1.000
05/16/2018
3133834Y4
10059
Federal Home Loan Bank
05/29/2013
500,000.00
496,012.50
500,000.00
1.040
1,826
1,275
1.040
05/29/2018
313379EE5
10083
Federal Home Loan Bank
06/19/2014
500,000.00
499,540.00
496,588.44
1.625
1,821
1,656
1.783
06/14/2019
313OA2BO8
10086
Federal Home Loan Bank
06/30/2014
500,000.00
500,497.50
500,000.00
1.500
1,460
2B
1.500
06/29/2018
3130A2B62
10087
Federal Home Loan Bank
06/26/2014
500,000.00
500,491.00
500,000.00
1.500
1,826
1,668
1.817
06/26/2019
3134G3S50
10040
Federal Home Loan Mtg Corp
10/26/2012
500,000.00
500,591.00
499,880.63
0.625
1,467
701
0.638
11/01/2016
3134G47G7
10064
Federal Home Loan Mtg Corp
06/26/2013
500,000.00
500,128.50
500,000.00
1.400
1,826
25
1.400
06/26/2018
3135GONF6
10031
Federal National Mtg Assn
08/21/2012
500,000.00
499,585.00
499,673.33
1.000
1,826
20
1.049
08/21/2017
3030004MO
10042
Federal National Mtg Assn
11/21/2012
500,000.00
499,612.00
500,000.00
0.750
1,461
721
0.750
11/21/2016
3135GOTP8
10079
Federal National Mtg Assn
03/19/2014
500,000.00
496,282.50
493,785.41
1.250
1,778
60
3.201
01/30/2019
3136G1DG1
10090
Federal National Mtg Assn
07/01/2014
250,000.00
248,951.50
248,560.22
1.050
1,337
88
1.232
02/27/2018
Subtotal and Average 10,630,802.26
10,250,000.00
10,216,758.00
10,236,982.41
1,655
778
1.081
Negotiable CID
02587DMV7
10052
American Express Centurion Bk
05/02/2013
248,000.00
246,596.32
248,000.00
1.100
1,826
1,248
1.101
05/02/2018
025B7CAW0
10098
American Express Centurion Bk
08/21/2014
248,000.00
246,584.91
248,000.00
2.100
1,826
1,724
2.101
08/21/2019
06740KHBO
10091
Barclays Bank
07/02/2014
248,000.00
247,285.51
248,000.00
2.050
1,826
1,674
2.051
07/02/2019
05573JVR2
10072
BMO HARRIS
01/30/2014
248,000.00
248,248.25
248,000.00
1.250
1,826
1,521
1.251
01/30/2019
05568P7A9
10081
BMW Bank
04/25/2014
248,000.00
248,077.87
248,000.00
1.900
1,826
1,606
1.901
04/25/2019
140420PGB
10100
Capital One Bank
09/17/2014
248,000.00
246,449.26
248,000.00
1.550
1,461
1,386
1.551
09/17/2018
17284CKN3
10067
CIT Bank
08/14/2013
248,000.00
250,268.46
248,000.00
1.900
1,826
1,352
1.901
08/14/2018
20033AFK7
10092
Comenity Capital Bank
07/14/2014
248,000.00
247,909.23
248,000.00
0.450
365
225
0.452
07/14/2015
Run Date_ 12/15/2014 -13:46
Portfolio POOL
AP
PM (PRF_PM2) 7.3.0
Repoli Ven 7.3.35
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
November 30, 2014
Page 2
Wells Fargo Sweep Account
SWEEP
Run Date: 12/15/2014 -13:46
Subtotal and Average 7,961,151.66
10036 Wells Fargo
Subtotal and Average
1,987,370.91
8,185,000.00
8,182,184.05
Average
Purchase
1, 004, 094.16
1, 004, 094.16
1,004,094.16
Stated
1,004,094.16
Days to
YTM/C Maturity
CUSIP
Investment#
Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
Term Maturity
Date
Negotiable CD
20451 PBV7
10066
Compass Bank
08/07/2013
248,000.00
250,243.66
248,000.00
1.750
1,826
1,345
1.751
08/07/2018
23204HBHO
10089
Customers Bank
06/30/2014
248,000.00
247,051.40
247,361.60
0.950
1,085
931
0.764
06/19/2017
254671G53
10075
Discover Bank
02/20/2014
248,000.00
248,865.52
248,000.00
1.850
1,826
1,542
1.851
02/20/2019
33764JEH4
10012
First Bank Puerto Rico
06/08/2012
249,000.00
251,245.73
249,000.00
1.250
1,461
555
1.251
06/08/2016
32082BCY3
10078
First Merchants Bank
03/21/2014
248,000.00
248,164.42
248,000.00
1.000
1,280
1,025
1.002
09/21/2017
32114LAF6
10093
First National Bank
07/16/2014
248,000.00
247,055.37
248,000.00
0.800
916
778
0.803
01/17/2017
3616OWK57
10026
GE Capital Financial Inc.
05/04/2012
248,000.00
250,649.14
248,000.00
1.750
1,826
885
1.751
05/04/2017
36160KZK4
10073
GE Capital Retail Bank
01/31/2014
248,000.00
248,999.19
248,000.00
1.900
1,826
1,522
1.901
01/31/2019
38147JSY9
10074
Goldman Sachs Bank
02/05/2014
248,000.00
248,736.31
248,000.00
1.900
1,826
1,527
1.901
02/05/2019
39120VRM8
10099
Great Southern Bank
09/12/2014
248,000.00
247,195.98
248,000.00
0.900
822
742
0.902
12/12/2016
45383UPJ8
10077
Independent Bank CD
03/14/2014
248,000.00
248,217.00
248,000.00
0.900
1,280
1,018
0.902
09/14/2017
856284X58
10094
State Bank of India
07/22/2014
248,000.00
246,898.88
248,000.00
2.000
1,826
1,694
2.001
07/22/2019
464209BR5
10054
Isabella Bank &Trust Company
05/30/2013
248,000.00
247,047.68
248,000.00
0.750
1,826
1,276
0.750
05/30/2018
49306SRT5
10053
Key Bank U S A, N A
05/08/2013
248,000.00
248,411.93
248,000.00
0.450
915
343
0.376
11/09/2015
51210SITY6
10061
Lakeside Bank
05/17/2013
248,000.00
246,316.82
248,000.00
0.750
1,461
898
0.750
05/17/2017
58403BK62
10080
Medallion Bank
03/28/2014
248,000.00
248,066.96
248,000.00
1.250
1,461
1,213
1.254
03/28/2018
59013JCE7
10101
Merrick Bank
11/28/2014
248,000.00
248,000.00
248,000.00
1.000
731
728
1.002
11/28/2016
686184TKS
10055
Oriental Bank & Trust
05/16/2013
248,000.00
248,040.67
248,000.00
0.650
1,096
532
0.651
05/16/2016
70153RHEI
10076
Parkway Bank &Trust
03/19/2014
248,000.00
248,646.29
248,000.00
1.650
1,826
1,569
1.651
03/19/2019
74267GUN5
10082
Pnvatebank&Trust Co - CD
05/21/2014
248,000.00
247,977.43
248,000.00
1.650
1,645
1,451
1.653
11/21/2018
78658ODS9
10095
Safra National Bank
07/30/2014
248,000.00
245,206.53
248,000.00
1.350
1,461
1,337
1.641
07/30/2018
795450SF3
10097
Sallie Mae Bank
08/06/2014
248,000.00
247,345.78
248,000.00
2.050
1,826
1,709
2.051
08/06/2019
80928EJC5
10063
Scotiabank De Puerto Rico
06/07/2013
248,000.00
248,148.80
248,000.00
0.700
1,096
554
0.701
06/07/2016
87482VAA3
10096
Talmer Bank & Trust
08/06/2014
248,000.00
247,057.60
248,000.00
0.700
733
616
0.701
08/08/2016
94768NJU9
10088
Webster Bank
07/02/2014
248,000.00
247,175.15
248,000.00
1.900
1,826
1,674
1.901
07/02/2019
Wells Fargo Sweep Account
SWEEP
Run Date: 12/15/2014 -13:46
Subtotal and Average 7,961,151.66
10036 Wells Fargo
Subtotal and Average
1,987,370.91
8,185,000.00
8,182,184.05
8,184,361.60
07/01/2012 1, 004, 094.16
1, 004, 094.16
1, 004, 094.16
1,004,094.16
1,004,094.16
1,004,094.16
1,469 1,158 1.339
0.010 1 1 0.010
1 1 0.010
Portfolio POOL
AP
PM (PRF_PM2) T3,0
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
November 30, 2014
Average Purchase Stated Days to YTM/C
CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity
Total and Average 25,722,130.83 24,681,900.16 24,646,792.65 24,668,244.17 1,175 707 0.948
Run Date: 12/15/2014-13:46
Page 3
Portfolio POOL
AP
PM (PRF_PM2) 7.3.0
CITY COUNCIL
Agenda # 6.4
Meeting Date: 01/06/15
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man'"
TITLE: SECOND READING OF ORDINANCE 01(2015) OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING SECTION 12.00.240 RELATING TO
PARKING OF MOTOR VEHICLES IN CITY PARKS
RECOMMENDATION:
Approve for second reading by title only and waive full reading, adopt Ordinance No. 01(2015).
FINANCIAL IMPACT:
The cost of sign installation is a not -to -exceed amount of $2,000 and can be accommodated within
the existing Community Services Adopted FY 2014/15 budget.
BACKGROUND:
The City recognized the need to amend the existing ordinance that would prevent people from
utilizing the City parking lots for non -recreational use purposes. On December 16, 2014, the Diamond
Bar City Council gave first reading to Ordinance No. 01(2015) by a 4-0 vote. This amendment
modifies the provisions of the City of Diamond Bar Park Ordinance with regard to parking of motor
vehicles in City Parks.
The ordinance will go into effect approximately 30 days after approval of the second reading.
Prepared by:
t F'
Alfa Lop(o
Management Analyst
Attachment:
Revi es{
B s
Director of Community Services
1. Ordinance 01(2015) 'Park Ordinance"
ORDINANCE NO. 01 (2015)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING SECTION 12.00.240 RELATING TO PARKING OF MOTOR
VEHICLES IN CITY PARKS
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND
DETERMINES AS FOLLOWS:
1. Parking on public property is limited. A primary purpose for parking on public property
is to provide places where persons can temporarily park their vehicles in order to access and enjoy
City parks.
2. In establishing the number of parking spaces for park property, the City's parking
standards are based upon projections of the number of spaces that are required for persons using the
park property. These standards do not contemplate that parking spaces will be utilized by persons for
the purposes of carpooling, "park and ride" programs, or any other extended parking activity not
related to recreational use of the park.
3. Persons who park their vehicles on public property for the purpose of carpooling,
rideshare, or any other extended parking activity not related to recreational use of the park, are
utilizing limited parking spaces and thereby limiting access to public parks for persons who seek to
use City parks for their intended recreational purposes.
Now, therefore, the City Council of the City of Diamond Bar does ordain as follows:
Section 1. Section 12.00.240 of the Diamond Bar Municipal Code is deleted in its
entirety and replaced with the following:
"Section 12.00.240 — Motor Vehicle Restrictions; parking;
a. A person shall not bring to or operate in any park any motor vehicle except as such times and at
such places as permitted by the director in written regulations issued by him from time to time,
and any such operation of a motor vehicle shall be in accordance with the conditions contained
in such regulations or permit.
b. A person shall not park any motor vehicle in any park except in areas designated for parking by
the director.
C. Parking is for park patrons only. No person shall park any motor vehicle in a park unless using
the park for its intended purpose.
Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is,
for any reason, held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have adopted this Ordinance and each other section,
clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid
or unconstitutional.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published
and posted pursuant to applicable provisions of law and this Ordinance shall take effect thirty (30)
days after adoption.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
the 16th day of December, 2014 and was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on day of 2015, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
CITY COUNCIL
Agenda # 6 .5
Meeting Date: January 6, 2015
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: EXONERATION OF SURETY BOND NO. CMS -244886 TO COMPLETE
GRADING IMPROVEMENTS AT 20405 WALNUT DRIVE
(RESTAURANT DEPOT).
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
This action has no financial impact on the City.
BACKGROUND:
In accordance with Section 15.00.320(19) of the City's Municipal Code, the developer,
JMDH Real Estate of Diamond Bar, LLC submitted a grading bond to guarantee
completion of all grading improvements associated with the Restaurant Depot
development. Grading permits for the development were issued in June 2009 and the
project was completed and a certificate of occupancy was issued in late 2009. At the
time of the final inspection minor grading punch list items were noted at the rear of the
building along the Union Pacific Rail Road (UPRR) that needed to be addressed before
the grading bond could be released. As a result, the grading bond was held until the
developer resolved the grading punch list items at the rear of the building along the
UPRR. On December 3, 2014 the City performed a grading inspection at the
developer's request and it was verified that grading had been completed along the
UPRR to address the grading punch list items at the rear of the property that had been
noted at the time of the final inspection.
DISCUSSION:
Upon receiving a verbal request from Restaurant Depot on November 25, 2014 for the
grading bond release, the City's inspector went out to the site to confirm that
outstanding grading punch list items at the rear of the property had been completed to
their satisfaction and that the bond could be released.
The following surety bond is recommended for exoneration:
Surety Bond No. CMS -244866 in the amount of $8,460.
PREPARED BY:
Kimberly M. Young, Senior Civil Engineer
REVIEWED BY:
David G. Liu, Director of Public Works
Attachments:
Grading Bond # CMS -244886
DATE PREPARED:
December 29, 2014
CITY OF DIAMOND BAR BOND No. CMS -244886
GRADING BOND
(LABOR AND MATERIALS AND FAITHFUL PERFORMANCE) Project:
JMDH REAL ESTATE
KNOW ALL MEN BY THESE PRESENTS: That OF DIAMOND BAR, LLC as, and hereinafter referred
to collectively as, "Principal", andRLI INSURANCE CO. a corporation organized and existing under the laws of the
State of ILLINOIS and duly authorized to transact surety business in the State of California as, and hereinafter
referred to as, "Surety", are held and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City",
in the sum of $8,460.00 Dollars for Faithful Performance and $8,460.00 Dollars for Labor
and Materials, for the payment of which Principal and Surety bind themselves, their heirs, administrators, successors
and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a parcel of land in the City, which it is seeking to perform grading
operations and has filed with the City a grading plan and grading permit application for such parcel of land described
as:RESTAURANT DEPOT, 20405 E. WALNUT DR., N DIAMOND BAR, CA 91789 and
WHEREAS, as a condition precedent to the approval of said grading plan Principal is required to deliver to the
City a bond, securing payment to the contractor, his subcontractors and to persons renting equipment or ftimishing
labor or materials to them for such improvements and in the faithful performance of Principal to complete such grading
pursuant to the provisions of the City's Code; and
WHEREAS, all of such grading is to be performed in accordance with the grading plans approved by the City
Engineer for such parcel; and
WHEREAS, Principal shall perform any changes or alterations in the grading required by the City to conform
to approved plans for above said grading; and
WHEREAS, Principal shall complete the grading operations within 60 days from the date of
commencement; and
WHEREAS, the completion of such grading shall be at the sole cost and expense of Principal.
NOW, THEREFORE, if Principal shall faithfully perform and shall pay the contractor, his subcontractors and
all persons renting equipment or furnishing labor or materials to them for the full cost of all work as shown on the
grading plan in accordance with the conditions of approval of said plan and permit, then this obligation shall be null
and void.
PROVIDED, HOWEVER, if Principal shall not pay the contractor, his subcontractor and all persons renting
equipment or furnishing labor or materials to them for the full cost of said approved grading, then this obligation shall
remain in full force and effect and such contractor, subcontractor, city and persons shall have a direct right of action
against the Principal and Surety under this obligation, subject to the priority of the City.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all work as shown on the approved grading
plan then this obligation shall remain in full force and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of
time, alteration of modification of the contract documents or of the work to be performed thereunder shall in any way
effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder, and
PROVIDED, FURTHER, that in case suit is brought upon this bond by the City or any other person who may
bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this
IST day of JUNE 2009 .
(Seal) (Seal)
RLI INSURANCE COMPANY
SURETY
By
ROBERT P. SCAVETTA
By ATTORNEY-IN-FACT
110 MARTER AVE., SUITE 303
MOORESTOWN, NJ 08057
ADDRESS
JMDH REAL ESTATE OF DIAMOND BAR, LLC
PRINCIPAL
0
M
INSTRUCTIONS
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or
Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a
partnership, it must be signed by all partners. If the principal is an individual doing business under a fictitious
name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed
also. The bond must be notarized by both the Principal and the Surety.
3. The bond, after approval, must be filed with the City Cleric of the City of Diamond Bar.
aracc or
ss.
County of .
c
a
9On this day of - , 20 before me personally came
10
� 3
e X to me known,
and known to me to be the individual described in and who executed theforego[ng instrument,and acknowledged tome that he executed
the same.
My commission expires
Notary Public '
-------------------------------------------------- ---------
State of
1 ss
County of
e
E On this day
m
E d
Er ;
0
e
o to be a member of the firm of
C
20 , before me personally came
me known and known to me
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the
act and deed of said firm.
My commission expires
Notary Public
--------------------------------------------------------------=------
State of
ss.
County Of
On
who being by me duly sworn, did depose and say that he is
20 , before me personally came
to me known,
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his
name thereto by like order.
My commission expires
-------- Notary Public -------------
State of NEW YORK
as.
County of WESTCHESTER
On this IST day of JUNE , 2009 , before me personally came
ROBERT P. SCAVETTA to meknown, who, being by me duly sworn, did depose and say that,
he is an attorney-in-fact of RLI INSURANCE COMPANY
the corporation described in and which executed the within instrument; that he knows thecorporate seal of said corporation; that the seal
affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fact
by authority of the Board of Directors of said corporation and by authority of this offide under the Standing Resolutions thereof.
PATRN;tA S SCAVETTA
My commission expires iTARYPU9 TATEOF ��
STATE N0: 4959118 Notary Public
FORM _ # 13 0DMWMElMNW.20,2Q 09
® P.O.RLI x396 Company RLI Insurance Company
RLI P.O. Boz 3967 Peoria IL 61612-3967
Phone: 309-692-1000 Fax:309-692-8637 December 31, 2008
Admitted Assets
Liabilities and Surplus
Investments:
Liabilities:
Fixed maturities ...............................
$ 473,418,131
Reserve for unpaid losses and loss
Equity securities ..............................
635,590,162
adjustment expenses........................
$ 351,069,629
Short-term investments .... .....................
61,865,OD1
Unearned premiums...........................
148,165,761
Real estate .. ...................................
8,781,991
Accrued expenses . , .................. , , ,
..... 46,098,588
Cash on hand and on deposit,,,,,,, _,_.._......,.
-5,174,941
Funds held ..................................
608,919
Other invested assets ..... ....... .................
0
Advance premiums............................
3,785,888
Receivables for securftes,,_......................
16,925,208
Amounts withheld.............................
32,095,256
Agents' balances . . ...............................
45,787,561
Ceded reinsurance premium payable .... ......
, 15,421,779
Investment income due and accrued .................
6,120,428
Payable for securities .........................
0
Funds held .....................................
4,000
Statutory penalties...................... ....
.. 836,D00
Reinsurance recoverable on paid losses ..............
6,357,879
Current federal &foreign income taxes ............
208,160
Federal income taxes receivable ....................
0
Federal income tax payable.....................
0
Net defamed tax asset ............................
18,363,143
Borrowed money and accrued interest ............
0
Electronic data processing equipment,
Drafts outstanding ................................
0
net of depreciation ............................
617,907
Payable to affiliate , , , ............................
0
Receivable from affiliates ... .......................
4,863,045
Other liabilitles..................................
2,720,516
Other admitted assets .............................
4,544,152
Total Liabilities ......... .........................
$ 6D1,032,49B
Total Admitted Assets.... I ........................ $ 1,279,073,657
State of Illinois
County of Peoria
Surplus:
Common stock ............................... $10,000,375
Additional paid -in capital ....................... 242,451,084
Unassigned surplus ........................... 425.589,710
Total Surplus
Total Liabilities and Surplus
$ 678,041,169
$ 1,279,073,667
The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company,' that said Company is a
corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of CALIFORNIA
and has duly complied with all the requirements of the laws of said State applicable of
said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly
qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.0 sec. 6-13; and that to the best of his
knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said
Company on the 31st day of December 2008.
Attest.
°OaPOR'fTF <'_ Corporate Michael J Stone President
SEAL _ {( Ste'
Affixed
*',.1 NX �%Jn
rL r i unS "', Cynthia S. Dohm Assistant Secretary
Sworn to before me this 27th day of February, 2009.
L tj -6 "OFFICIAL SEAL ° Notarial /!/
nucy[JAC.La,EMBOCKIFA Seal - - llll���'
�o .... Affixed Jacquire M. Bockl Notary Public, State of Illinois
M0058309
RLI Surety
RLU P.O. Box 3967 1 Peoria, U- 61612-3967
Phone: (800)645-2402 1 Fax: (309)689-2036
km .rlicom.com
Know All Men by These Presents:
' � / �7�sr11�'1��7�7►11'/
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Robert P Scavetta. Patricia A Scavena Charlene V Snraeue jointly or severally
in the City of Eastehester , State of New York its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 25th day of March 2008
oaFPORk TE
SEAL:
State of Illinois
SS
County of Peoria
On this 25th day of March , 2008 , before me, a Notary Public,
personally appeared Roy C. Die , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
By: Lr _ekA—
Jacque 1<M. Bockler Notary Public
wv✓ "OFFICIAL SEAL"
3 xorear Fr
vpeuc : JACQUELINE M. BOCKLER
n o
iw COMMISSION E%PIKES 03/01/10
3146573030110
RLI Insurance Company
By.
Roy C. Di Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attorney is in fall force and effect and is irrevocable; and
furthermore, that the Resolution of the Company as set forth in the
Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Company
this 1ST day of JUNE , 2009
RLI Insurance Company
By:
Roy C. Di Vice President
j —
A0059707
CITY COUNCIL
TO: Honorable Mayor and Mem
VIA: James DeStefano, City
Agenda # 6 . 6
Meeting Date: January 6, 2015
AGENDA REPORT
the City Council
TITLE: REDUCTION OF 55.6% OF SURETY BOND NO. 929590937 TO
COMPLETE IN -TRACT STREET IMPROVEMENTS FOR TRACT MAP
72295 (WILLOW HEIGHTS LOCATED AT THE SOUTHEAST CORNER
OF DIAMOND BAR BLVD. AND BREA CANYON ROAD)
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
This action has no financial impact on the City.
BACKGROUND:
In accordance with Section 66462 of the Subdivision Map Act, the City entered into
agreement with the subdivider, Lennar Homes of California, Inc., to complete various
improvements for Tract Map 72295. The subdivider guaranteed faithful performance of
said agreement by posting with the City a surety bond for rough grading, erosion
control, private storm drain improvements, private street improvements, public street
improvements, sewer improvements, landscape and irrigation, private street lights and
public street lights. While the entirety of all conditions of approval for the project have
not been met, staff has confirmed that 90% of the curb, gutter and paving for the in -tract
private street improvements have been completed and are in conformance with
approved plans. The subdivider has requested a reduction of 55.6% of the surety bond
posted for the private in -tract street improvements. The remaining amount of the bond
will be held for the misc. driveway approaches, curb ramps, striping, signage and other
appurtenant improvements associated with the in -tract street improvements that have
not been completed to date. Expected full project completion is set for August 2016.
DISCUSSION:
Upon receiving written request from Lennar Homes of California, Inc. on December 8,
2014 for the in -tract private street improvement bond reduction, the City's inspectors
verified that three street improvements associated with the reduction amount have been
completed and are in conformance with the approved plans.
The following surety bond is recommended for 55.6% reduction:
Surety Bond No. 9295900937 in the amount of $865,793.25 reduced to $384,699.70.
PREPARED BY: DATE PREPARED:
Kimberly M. Young, Senior Civil Engineer December 29, 2014
REVIEWED BY:
David G. Liu, Director of Public Works
Attachments:
LETTER OF REQUEST, December 8, 2014
2
RECEIVED
C4Ty OF DIAMOND BAR
December 8, 2014
C 15 MU
Kimberly M. Young, Sr. Civil Engineer PU®LIC WORKSIENGINEERING
City of Diamond Bar, Public Works Dept.
21810 Copley Drive
Diamond Bar, CA
Subject: Street Improvements Bond Reduction, Permit Nos. PR20130001781,
Bond No. 929590937, Willow Heights
Dear Ms. Young:
We are hereby requesting reduction of the street improvement bond (Bond No.
929590937 in the amount of $865,793.25) for Permit No. PR20130001781.
As of this letter, we have completed 90% the curb and gutter (Items Nos. 2 & 3 of the
engineer's estimate) and all but 21,600 square feet of paving (Item No. 1). All other
items shown on the engineer's estimate are in progress or incomplete. Therefore, we
propose the new amount of the bond to be $384,699.70. For your reference, the
calculations are shown on the attached engineer's estimate.
Also enclosed is a copy of the bond for your reference. Please do not hesitate to contact
me at (949) 349.8285 or Geoffrey. Smith@Lennar.com should you have any questions or
require additional information.
Sincerely,
LENNAR HOMES OF CALIFORNIA, INC.
Geoff Smith
Director of Community Development
Attachment: Bond No. 929590937, Engineer's Estimate with Calculations
25 Enterprise, Suite 300 • Aliso Viejo, CA 92656. 949-349-8000
L
Engineer's Estimate
for
Tract 72295/Diamond Bar (Street Improvements)
2/26/2014
Item
No.
Item
Description
Unit
Meas.
Unit
Cost
Item
Quantity
Item
Amount_'
1
4" Asphalt Over 5.5" Aggregate Base
SF
$2.85
163,603
$466,268.55
2
A2-6 Curb & Gutter, 2012 SPPWC 120-2
LF
$12.00
6,387
$76,644.00
3
Al -6 Curb & Gutter, 2012 SPPWC 120-2
LF
$11.00
748
$8,228.00
4
4" Concrete Sidewalk
SF
$2.85
24,422
$69,602.70
5
Curb Ramp Case "A", 2012 SPPWC 111-5
EA
$800.00
4
$3,200.00
6
Drive Approach Per SPPW Std 110-2,
Type "C"
EA
$625.00
.4
$2,500.00
7
Drive Approach Per SPPW Std 110-2,
Type "A"
EA
$625.00
15
$9,375.00
8
Street Light 9500 Lumen
EA
$3,050.00
29
$88,450.00
9
12" White Limit Line "Stop"
EA
$300.00
3
$900.00
10
Double Street Name Sign w/R1-1 Sign
EA
$450.00
1
$450.00
11
Street Name Sign Per MUTCD Std W14-1
EA
$375.00
2
$750.00
12
Local Depression
EA
$600.00
19
$11,400.00
13
Curb Drain Per SPPW Std 150-3
EA
$400.00
2
$800.00
14
Curb Ramp Case "D", Type 2 Per SPPWC
111-5
EA
$800.00
6
$4,800.00
15
Curb Ramp Case "D", Type 2 Per SPPWC
111-5 Modified
EA
$400.00
30
$12,000.00
16
Cross Gutter
EA
$6,500.00
2
$13,000.00
17
Drive Approach Per SPPW Std 110-2,
Type "B"
EA
$625.00
1
$625.00
18
Parkway Underdrain Per SPPW Std 151-2
EA
$3,250.00
2
$6,500.00
19
Curb Ramp Case "D"
EA
$1,250.00
1
$1,250.00
20
3 1/8" Concrete paver over 1" TO 1 1/2"
Bedding Sand over 12" compacted
aggregate base
SF
$10.00
8,905
$89,050.00
Total Street Improvements - $865,793.25
$38�1c�s�,�
L � , ' Prepared by: Hunsaker Associates
Engineer's Estimate
for
Tract 72295/Diamond Bar
2/2612014
Item Item Total
No. Description Amount '
Rough Grading $1,853,432.00
Erosion Control $54,237.90
Street Improvements $865,793.25
Sewer Improvements $399,187.00
otarolect. •-$3,172,050.1'5
Prepared by : Hunsaker Associates - .
Executed in Duplicate
Bond No. 929590937
Premium: $4,329.00/annum
CITY OF DIAMOND BAR
PRIVATE DEVELOPMENT IMPROVEMENT BOND
(LABOR AND MATERIALS AND FAITHFUL PERFORMANCE)
KNOW ALL MEIN BY THESE PRESENTS: That Lennar Homes of
California, Inc, as, and hereinafter referred to collectively as, "Principal", and
The Continental Insurance Company a corporation organized and existing under the
laws of the State of PennsVlvania and duly authorized to transact surety
business in the State of California as, and hereinafter referred to as, "Surety", are held
and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in
the sum of $865,793.25 or Faithful Performance and $865,793.25 for Labor and
Materials, for the payment of which Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a parcel of land in the City, which it is
seeking to perform Private Development Improvements in the form of In -Tract Street
improvements, hereinafter referred to as, "Improvements", and has filed with the City
improvement plans and permit application for such parcel of land described as: Vesting
Tentative Tract Map 72295 and - -
WHEREAS, as a condition precedent to the approval of said improvement plans,
Principal is required to deliver to the City a bond, securing payment to the contractor, his
subcontractors and to persons renting equipment or furnishing labor and/or materials to
them for such Improvements and in the faithful performance of Principal to complete
such Improvements pursuant to the provisions of the City's Code and Standards; and
WHEREAS, as all such Improvements is to be performed in accordance with the
improvement plans approved by the City Engineer for such parcel; and
WHEREAS, Principal shall perform any changes or alterations in the
Improvements required by the City to conform to approved plans for above said
Improvements; and
WHEREAS, Principal shall complete the improvement operations within 180
days from the date of commencement; and
WHEREAS, the completion of such hnprovements shall be at the sole cost and
expense of Principal.
NOW, THEREFORE, if Principal shall faithfully perform and shall pay the
contractor, his subcontractors and all persons renting equipment or furnishing labor or
materials to them for the full cost of all work as shown on the improvement plan in
accordance with the conditions of approval of said plan and permit, then this obligation
shall be null and void.
PROVIDED, HOWEVER, if Principal shall not pay the contractor, his
subcontractors and all persons renting equipment or furnishing labor or materials to them
for the fill I cost of said approved improvements, then this obligation shall remain in full
force and effect and such contractor, subcontractor, City and persons shall have a direct
right of action against the Principal and Surety under this obligation, subject to the
priority of the City.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all work as
shown on the approved improvement plan, then this obligation shall remain in full force
and effect. This bond will not be exonerated without full satisfaction of improvements by
all City departments,
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees
that no change, extension of time, alteration of modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PROVIDED, FURTHER, that in case suit is brought upon this bond by the City
or any other person who may bring an action on this bond, a reasonable attorney's fee, to
be fixed by the Court, shall be paid by Principal or Suety,
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly,
signed and sealed this 12th day of May 20 14
SURETY (Corporate Seal) PRINCIPAL (Corporate Seal)
ByThe Continental Insurance Company f
By r� / 4
Mechelle Larkin, Attorney -in -Fact
333 South Wabash Avenue, Floor 22
Chicago, IL 60644
ADDRESS
By Lennar Homes of California, Inc., a California corporation'.
By
V;ce- Fc=Esq
25 Enterprise, Suite 300
Aliso Viejo, CA 92656
ADDRESS
Name of surety agent in the event of claim: Marsh Risk & Insurance Company
Surety agent address: 17901 Von Karman Ave„ Ste. 1100, Irvine, CA 92614
Surety agent telephone number: 949-399-5826
Surety agent facsimile: 949-833-3027
Surety agent email address: mechelle.v.larkin@marsh.com
Note: This bond must be executed in duplicate and dated, all signatures must be
notarized, and evidence of the authority of any person signing as attorney-in-
fact must be attached.
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On May 15, 2014, before me M. Sue Rudolph, Notary Public, personally appeared Anita Davey, who
proved to me on the basis of satisfactory evidence, to be the personal whose named isle subscribed to
the within instrument and acknowledged to me that X/she/fty executed the same in Vs/her/�ir
authorized capacity(yes), and that by his/her/tiAr signatureo on the instrument the persoW, or the
entity upon behalf of which the personA acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
..mss AA s -A iy0.e^� =. '- 59aibdk 'ate
WITNESS my hand and official seal M. SUE RUC➢LPH
_ Commission # 2003854
<;-a Notary Public - California i
z:
Exp! County
Signature iii UI ✓w SEAL My Comm.m. Expires Feb 9.2➢17'
State of California
County of Orange
On MAY 12 2014 before me, Kathy R. Mair, Notary Public
GATE (Name of Notary Public and Title "Notary Public]
personally. appeared Mechelle Larkin ------------------------------------- ,
(Name(&) of Signegs)]
who proved to me on the basis of satisfactory evidence to be the person(&) whose name{&) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in 4is/her/their authorized capacity(ic*, and that by l41&/her/t4& signature(s) on the instrument
the person(&}, or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
KATHY R. MAIR
Commission # 2021597
Z 'p Notary Public - California i
orange County >
My Comm. Expires May 22, 2017
(Seal)
WITNESS my hand and official seal.
OPTIONAL
Signature (Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer—Title(s):
Partner — ❑Limited El General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Irene Lau, Kathy R Mair, Meebelle Larkin, Individually
of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 30th day of October, 2013. -
RV...I.. • The Continental Insurance Company
'' �•'•'}ab• Paul T. BmMat�Vi- ce President
Stale of South Dakota, County of Minnehaha, as:
On this 30th day of October, 2013, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: tha
he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
aEAL SOUTH DAKOTA
NOTARYPUBLIC SEAL
. ....... ...... y
My Commission Expires June 23, 2015 J. Mohr Notary Public
CERTIFICATE
I, D. Bull, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this - day of ,
�XINS�R.. MAY 12 2014
Form F6850-4/2012
The Continental Insurance Company
D. Bull Assistant Secretary
Authorizing Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf
of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such
officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution
becoming effective."
This Power of Attorney is signed by Paul T. Bmflat, Vice President, who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
the Company by unanimous written consent dated the 25i° day of April, 2012:
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized
Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and
Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be
provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
CITY COUNCIL
Agenda # 6.7
Meeting Date: January 6, 2015
AGENDA REPORT
TO: Honorable Mayor and Member , the City Council
VIA: James DeStefano, City Man
4
TITLE: AWARD OF PROFESSIONAL CONSULTING SERVICES CONTRACT FOR
THE PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE TO NICHOLS
CONSULTING ENGINEERS (NCE) IN THE AMOUNT OF $43,000.00, AND
AUTHORIZE A CONTINGENCY AMOUNT OF $4,000.00 FOR CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $47,000.00.
RECOMMENDATION:
Award.
FISCAL IMPACT:
Fiscal Year 14/15 Budget has a balance of $51,000.00 in the Public Works operating budget
for contract engineering services and the development of the PMS update.
BACKGROUND:
Since 1990, the City has been managing its pavement assets using a pavement
management system (PMS). This system provides the tools to plan and schedule pavement
maintenance and rehabilitation based on existing conditions and engineering analysis. The
system was implemented by creating an inventory using historical construction data for all
arterial and residential roadways in Diamond Bar. The roadway inventory was then assessed
in the field and a pavement condition index (PCI) was assigned to each roadway segment.
The PCI is a numerical index between 0 and 100, with 100 representing the best possible
pavement condition and 0 representing the worst possible pavement condition. The PCI was
a primary factor used to develop the schedule for when roadways would need to be
resurfaced or reconstructed.
As a result of the 2005 PMS report, a seven (7) year rehabilitation plan was developed to
manage the City's 128 centerline miles of roadways. As part of the program, the City's
arterial and residential roadways were partitioned into seven (7) areas. Each year the City
has been consistently investing an average of $3 Million per year on arterial and residential
street rehabilitation and resurfacing.
On August 9, 2012, the last PMS final report was updated and the roadway network was re-
assessed. From the City's continuous investment in maintenance of the roadways, the
average Pavement Condition Index achieved was 82.1 for arterial network and 64.5 for
residential and collector network.
DISCUSSION:
Gas Tax, Measure R Fund, and Proposition C Fund have been our primary funding sources
to maintain and rehabilitate the City streets. As such, local jurisdictions are required to have
comprehensive pavement data collected and updated once every two years for arterials and
collector streets and once every three years for residential streets. Staff utilizes a Pavement
Management System (PMS) to comply with this requirement as well as help to maintain the
integrity of our City streets.
Currently, the Public Works Department manages approximately 128 centerline miles of
asphalt pavement, which are sectionalized into 1,016 management sections. These consist
of arterials, collectors, residential, and alley roads. The vast majority of the work to be
performed by the proposed consultant is the evaluation and data collection of the 128 miles
of asphalt pavement.
On October 15, 2014, the City issued a Request for Proposals (RFP) for professional
engineering services. The RFP requested the Consultant to design and implement an update
for the City's Pavement Management System. The goal is to have an efficient tool that
assists the Public Works Department in finding cost effective strategies for providing,
evaluating, and maintaining asphalt pavements in a serviceable condition. PMS consists of
two basic components. The first component is a comprehensive database, which contains
current and historical information on pavement conditions, pavement structures, and traffic on
all City streets. The second component is a set of tools that allows us to determine existing
and future pavement conditions, and predict financial needs. This information is stored for
each pavement section in the PMS database.
The City mailed Requests for Proposals (RFP) to seven (7) consulting firms and received
proposals from three (3) firms which are listed below:
1. Adhara Systems, Inc. $41,040
2. Nichols Consulting Engineers (NCE) $43,000
3. Bucknam Infrastructure Group, Inc $55,675
All three (3) proposals were reviewed and evaluated by a panel of three staff members using
a selection process that included the evaluation of the consulting firms' work methodology,
estimated project completion time, past experience, and cost.
Staff unanimously concluded that NCE best understood the City's pavement and program
needs. NCE has completed countless similar projects for other local, regional and state
agencies in a satisfactory manner.
2
NCE scope of work will consist of system development and implementation of a 7 -year
roadway rehabilitation and preservation program, data collection, compilation and installation.
The detailed scope of work will include the following tasks:
• Pavement Management System Evaluation
• Updating City's Existing Database
• Survey Street Condition and Determine Pavement Condition Index
• Capital Improvement Program 7 -year
• GIS Linkage
• Report Preparation
The project is tentatively scheduled to be completed by March 31, 2015.
PREPARED BY:
John Beshay, Associate Engineer
REVIEWED/ APPROVED BY:
�David_ G Liu D�rebto� of Pgfb)ic Works
DATE PREPARED:
December 18. 2014
Attachments: Consulting Services Agreement
3
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of January 6, 2015 by and between the City of
Diamond Bar, a municipal corporation ("City") and NICHOLS CONSULTING
ENGINEERS (NCE)
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated October 15, 2014.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Proposal, dated November 10, 2014 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Agreement shall take effect January 6, 2015,
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "C". Payment will be made only after submission of proper invoices
in the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed Forty Three Thousand Dollars ($ 43,000.00).
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses
City: James DeStefano Consultant: Margot Yapp
City Manager Vice President/ Principal
City of Diamond Bar Nichols Consulting
21825 Copley Drive Engineers
Diamond Bar, CA 91765-4178 9550 Warner Avenue,
Suite 232
Fountain Valley, CA 92708
6. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6,
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with the requirements in Section 6. Additionally, the City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement for any amount
or penalty levied against the City for Consultant's failure to comply with Section 6.
2
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant shall indemnify, defend with counsel
approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant's negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or
damage which is caused by the sole active negligence or willful misconduct of the City
(meaning that Consultant shall indemnify and defend City notwithstanding any alleged
or actual passive negligence of City which may have contributed to the claims,
damages, costs or liability). Should City in its sole discretion find Consultant's legal
counsel unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys fees, expert fees and all other costs
and fees of litigation. The Consultant shall promptly pay any final judgment rendered
against the City (and its officers, officials, employees and volunteers) with respect to
claims determined by a trier of fact to have been the result of the Consultant's
negligence, recklessness or willful misconduct. It is expressly understood and agreed
that the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company authorized
to do business in the State of California and approved by the City (1) a policy or policies
of broad -form comprehensive general liability insurance with minimum limits of
$1,000,000.00 combined single limit coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence and at least $1,000,000
aggregate; and (5) worker's compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers,
employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability, property damage, and automotive
liability. The policy (ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance
maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
3
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
D. Self Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured)
should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or
deductible shall be subject to the approval of the City Attorney and the Finance Director.
Owner understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Owner as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or
refusal to do so in order to secure defense and indemnification as an additional insured
under the policy, City may include such amounts as damages in any action against
Owner for breach of this Agreement in addition to any other damages incurred by City
due to the breach.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Consultant may, however,
make and retain such copies of said documents and materials as Consultant may
desire.
a
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
s
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
19. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
C
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
0
CITY OF DIAMOND BAR
By:
Tommye Cribbins, City Clerk Steve Tye, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
EXHIBIT "A"
REQUEST FOR PROPOSALS
15, 2014
21810 Copley Drive = Diamond Bar, CA 91765-4178
(909) 839-7000 ® Fax (909) 861-3117
www.DianioiidBatCA.gov
SUBJECT: REQUEST FOR PROPOSAL FOR ENGINEERING
SERVICES FOR THE DIAMOND BAR PAVEMENT
MANAGEMENT SYSTEM (PMS) UPDATE
To Civil Engineering Firms:
I. INTRODUCTION
The City is seeking to retain the services of a qualified and experienced civil
engineering firm to update the City's Pavement Management System (PMS)
which will guide staff in making proactive and cost effective pavement
maintenance and rehabilitation decisions. The City owns approximately 130
centerline miles of streets, which have been sectionalized into 1,016
pavement segments. The selected firm will be expected to update the
inventory/condition data and develop a five-year program for street
maintenance and rehabilitation. All collected data should have consistent
Carol Herrera
pavement condition survey techniques with the means of recording the
Mayor
existence, severity, and extent of various forms of cracking, deformations,
and surface defects that is compatible with the City's existing data and
Steve Tye
software.
Mayor Pro Tern
Ling -Ling Chang
II. PROJECT TIMELINES
Council Member
The Consultant shall have the roadway inventory with a 65% draft submittal
Nancy A. Lyons
of the PMS Update completed by February 28, 2015. The Final Report shall
Council Member
be completed by May 31, 2015.
Jack Tanalca
Council Member
III. OBJECTIVES
Proposals for the Diamond Bar Pavement Management System Update
shall be submitted. The proposals shall identify each task as part of the
project. At a minimum these tasks shall include:
1. Meet with City staff prior to beginning work to discuss background,
scope, objectives, and any other pertinent details of the project.
Consultant shall include a minimum of 5 meetings with staff during
the process and two City Council meetings.
2. The City currently uses Micro PAVER for the existing PMS inventory
and associated updates. The updated data shall be entered into the
most current version of MicroPAVER database and uploaded to the
Page 2
RFP — Update of PMS
October 15, 2014
City's GIS. The last update was finalized in August 2012. All data
entered into the system must undergo quality control measures and
any errors generated from the calculation process shall be corrected.
3. The update shall include a pavement condition inventory/survey of all
roadways (i.e. arterials, collectors, residential local streets). During
the process, the Consultant will review and audit the existing
database inventory of the jurisdiction's roadway network for accuracy
(e.g., functional class, surface type, length, width, and number of
lanes). Pavement Condition Survey (PCS) shall be performed using
the following method:
a. Automated field data surveys to perform a PCS of residential,
collector, and arterial streets. This involves the utilization of
video enhanced laser RST, which includes the use of lasers,
video imaging and trained operator input, a method deemed to
be equivalent in reliability for this pavement condition survey.
The survey will involve rating 100% of the roadway surface.
b. Automated surveys must identify the following areas of
distress:
I. Types of distress and failure
it. Severity of distress and failure
iii. Extent of distress and failure
c. Measure the amount of transverse, longitudinal and alligator
pavement cracking present in each pavement segment. The
Consultant shall categorize pavement condition according to
the severity and extent of the cracking over the entire length of
each pavement segment.
d. Identify patched areas or utility cuts areas with poor pavement
construction or repairs.
e. Calculate Pavement Condition Index (PCI) for each segment
identified by the City. The Consultant shall provide pavement
condition breakdowns by PCI ranges or Condition Category.
4. All equipment used for data collection shall provide a high degree of
accuracy. The Consultant shall submit a Quality Control Plan and be
prepared to discuss this at the pre -data collection meeting. This plan
shall describe the measures used by the Consultant to guarantee
accuracy and repeatability.
Page 3
RPP — Update of PMS
October 15, 2014
5. All work shall be performed on dry pavement. The Consultant shall be
responsible to adjust the project schedule to avoid lighting conditions
that prevent accurate crack detection. The Consultant shall minimize
impact to traffic during the course of field survey.
6. Once roadway inspections are completed, a Pavement Condition
Index (PCI) Report shall be generated. Process the information
collected from the pavement condition surveys and convert it into
format compatible with the MicroPAVER software. Input the data into
the City's most current version of MicroPAVER database and perform
PCI calculations. All data entered into the system must undergo
quality control measures and any errors generated from the
calculation process shall be corrected.
7. Using the PCI Report, a Maintenance and CIP/Budgetary Analysis
shall be included in the Update Report. The Consultant shall
recommend the required maintenance and rehabilitation treatments,
and provide a cost estimate for the applicable activities.
8. The City of Diamond Bar maintains a Pavement Management
Program in compliance with Los Angeles County Metropolitan
Transportation Authority (METRO). A final Report with all data shall
be in accordance to the METRO requirements for Pavement
Condition Index,
9. A copy of the collected data along with a PCI report shall be provided
to the City in hard copy and electronic format. Additionally, The
MicroPAVER database and the street pavement layer/ curb data for
the City's GIS map format shall be provided to the City in electronic
format. GIS services to be provided for the City include:
a. PCI Value for each pavement section, and updating the City's
Pavement Management database
b. Multi-year rehabilitation program
c. Pavement dimensions including length, width and area of each
pavement segment
d. Pavement history of each pavement segment
10.,Pavement Software Training shall be included which includes
operation manuals for both field data collection and software use.
Page 4
RFP — Update of PMS
October 15, 2014
IV. PROPOSED FORMAT AND CONTENT FOR EACH PROPOSAL
A. Project Team
An organization chart indicating principals and key project
team members. Also, provide resumes of the key personnel
involved with this project including personnel from sub -
Consultants (if any). Identify the pavement condition rating
training and experience of the personnel assigned to
complete the data processing phase of this project and
briefly outline the responsibilities of each member. If any
changes in personnel occur during the contract period, the
Consultant shall notify the City and furnish the same
required information.
t3. Firm's Experience
List a maximum of three (3) Pavement Management Systern
related projects which your firm completed for other public
agencies in the greater Los Angeles area. Provide the
following information: location, owner, year report was
completed, your project manager's and engineer's name.
C. Project Understanding
Describe the approach and methods that will be used to
meet the project requirements. Also, identify any potential
concerns or problems that your firm anticipates during the
term of this project.
D. Project Scheduling
Provide a schedule identifying milestones for the major tasks
in the development of the PMS Update, beginning with the
Notice to Proceed.
E. Resource Requirements
Provide a man hour and fee estimate by item identified in
Section III. Also provide a total "Not to Exceed" fee for the
project. Please state all assumptions upon which the
estimates'are based. Fees shall be included in a separate
sealed envelope.
Page 5
RFP — Update of PMS
October 15, 2094
F. Fee Schedule
Provide the hourly rates of all personnel assigned to the
project. These rates will be used to negotiate any additional
work the City may request.
G. Insurance
Proof of insurance requirements addressed in the
professional services agreement of this Request for
Proposal shall be submitted by the selected Consultant upon
execution of the contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying
Insurance Coverage certifying that the required insurance
coverage will be obtained by the Consultant, and that the
Consultant understands said coverage is prerequisite for
entering into an agreement with the City. The Consultant is
required to confirm with its insurance carrier that it can meet
all the requirements for insurance. Failure to meet the
insurance regulations as set forth shall result in the
Consultant's disqualification.
K References
List of at least three (3) municipal references must be
provided. Include contact person, address, and telephone
number.
V. CITY SUPPORT
The latest update of the PMS dated August 9, 2012 will be provided and all
previous updates as necessary.
VI. SUBMITTAL OF PROPOSALS
Five (5) copies of the proposal shall be presented in a sealed envelope
with the fee proposal(s) in a separate sealed envelope bearing the name,
address and telephone number of the individual or entity submitting the
proposal and shall be addressed to:
Page 6
RFP — Update of PHIS
October 15, 2014
Mr. John Beshay, M.S.
Associate Engineer
City of Diamond Ear
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765-4177
The envelope shall be clearly marked with the notation "DO NOT OPEN —
PROPOSAL." The proposal shall be delivered to the addressee on or
before 3:00 P.M. on November 10 2014.
VII. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the scope of work
prior to the award of any contract. Furthermore, the City reserves the right
to reject any or all proposals submitted; and no representation is made
hereby that any contract will be awarded pursuant to this Request for
Proposal, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of
additional information and/or in any other aspect of a proposal prior to the
award of a written contract will be borne by the proposer.
The City shall only provide the staff assistance and documentation
specifically referred to herein and shall not be responsible for any other cost
of obligation of any kind which may be incurred by the proposing firm. All
proposals submitted to the City in response to this RFP shall become
property of the City.
VIII. QUESTIONS
If you have an intention to submit a proposal and/or have any questions
regarding the project, please call Mr. John Beshay, Associate Engineer at
(909) 839-7043.
Si/ncc rel
L/
David G. Liu, P.E.
Director of Public Works/City Engineer
EXHIBIT "B"
SCOPE OF SERVICES
_ <-�
i
City of Diamond Bar
Engineering Services for Pavement Management System (PMS) Update Proposal
C. PROJECT UNDERSTANDING
1. Project Approach and Methodology
NCE understands that the City of Diamond Bar is seeking proposals from consulting firms with expertise in
Pavement Management Systems (PMS). The capabilities and tasks the City is seeking are outlined below:
• The street network is approximately 146.6 centerline miles, and comprises 34.8 miles of arterial streets
and 107.8 miles of collectors and residentials.
• A review and audit of the MicroPAVER database to include:
o Functional classifications
o Surface types
o Lengths and widths
o Number of travel lanes
• Condition surveys using the semi -automated method, using the following criteria:
o Video imaging and laser RST run by qualified and trained technicians.
o Survey will cover 100% of roadway surface (full length and width of each section).
o Conform to MicroPAVER's ASTM D6433-11 standards for distress collection.
o All surveys will be conducted on dry pavements.
• A Quality Control Plan that outlines methods and procedures for distress collection and acceptable
accuracy conditions.
• Populate City's current version of MicroPAVER with data collected during surveys.
o Maintenance treatment criteria and unit costs for street maintenance and rehabilitation need to be
reviewed and updated .
• A five year street maintenance and rehabilitation recommendations needs to be developed for each of
the three budget scenarios that are established, and the results presented to the City.
• A report that complies with the Los Angeles METRO requirement for a Pavement Management Condition
Index.
• Update the City's GIS shapefile in MicroPAVER.
e Staff Training
• Present to City personnel the results of the budget scenarios.
Scope of (Mork
Based on the above understanding, the following tasks describe in more detail the approach that NCE/Cartegraph
will pursue, and the Scope of Work that we propose to perform to meet the City's needs and objectives for this
project as outlined below.
Task 1— Kick-off Meeting
NCE will first meet with City staff to kick-off the project by reviewing the
technical approach and any administrative matters that may be necessary. As
a minimum, the items to be discussed will include the following:
• Scope of work, project schedule, budget and invoicing requirements
• Points of contacts
• Network definition and boundaries
• GIS base maps and other files
• Scheduling and access requirements for field
• Public safety concerns, requirements and procedures
• QA/QC Plan review of comments
• Quality Control activities
_fid 9
17
i•
City of Diamond Bar
•r Engineering Services for Pavement Management System (PMS) Update Proposal
• Maintenance and rehabilitation (M&R) practices, records and costs
• Maintenance budgets
• Other issues as appropriate
• GIS shapefiles and updates
• Condition survey protocols i.e. based on the ASTM D 6433-11 guidelines
• Information needed from City staff e.g., maps, street list copy of MicroPAVER E.65 file
Monthly coordination meetings will then be held with the Cityto review treatment criteria, unit costs and scenarios
to be considered for the budgetary analyses, and to present the draft report. A meeting will be held with the City's
GIS staff asa well. Agendas will be prepared by NCE prior to the meeting, and brief summaries of the meetings
submitted .
The deliverables for this task include:
Agenda and minutes of meetings including action items
Task 2 — Pavement Condition Surveys
Sub Task 2A - Quality Control/Quality Assurance (QC/QA)
Quality management practices for pavement management suggest that a one-time inspection of the final data are
typically inadequate and involve a high risk of failure. We have recognized the importance to effectively implement
and ensure quality control and assurance practices on pavement distress data which is why NCE & Cartegraph have
teamed up. Together, we use a proven approach that integrates quality management and control procedures
throughout the entire data collection and delivery process.
The importance of accurate and reliable data cannot be overstated, as this leads directly to planning decisions
(what roads to repair?) as well as funding decisions (how much money is really needed?).
NCE's goal is to provide the highest quality work product for our clients. In order to meet this goal, a quality
assurance/ quality control (QC/QA) component is incorporated into all our projects. For this project, Ms. Margot
Yapp, as the proposed QC Manager, will have the responsibility for incorporating the following QC/QA steps into
our work:
Reviewing field activities, including spot checks on the field crews
• Reviewing field procedures, making changes as needed
• Comparing the field data collected with on-site conditions
• Reviewing all data entry functions, including spot checks
• Reviewing reports generated and analyses performed to ensure high quality deliverables
NCE's QC/QA Plan provides for a minimum of 5% of all field data to be
re -inspected by a different inspector. A comparison of the distresses
(type, severity and quantity) will be made and at least 95% of re-
inspected sections must be in compliance.
Ms. Yapp will work directly with the Project Manager, Ms. Senn, who
will have overall responsibility for this project. In addition to the
checks required by software, NCE has developed a series of procedures
to ensure the consistency and accuracy of all data collected in the field.
All surveys are performed as Semi -Automated surveys, and
sampling rate will be utilized. Field crews are typically composed of a two -person crew traveling in a van.
will gather visual distresses gathered by equipment installed in the van.
10
100%
Crews
II
City of Diamond Bar
6"° Engineering Services for Pavement Management System (PMS) Update Proposal
Before the actual survey work begins, the NCE team will perform the following field QA/QC steps. These are
outlined as follows:
Field QA/QC Step 1: Correlation
The first step in this process is to have NCE/ Cartegraph drive a few roads and review some of the variety of
pavement conditions that exist in the City of Diamond Bar. This is required to synchronize the team's view of the
various distresses.
Field QA/QC Step 2: Calibration
The QC team will conduct an independent calibration of equipment used to perform pavement condition surveys
on the City's pavement networks. Since automated distress data collection is different from walking protocols, this
task is required to ensure that the pavement data collected is consistent with standard protocols. Up to 25
pavement sites will be selected to the calibration. They will include a range of:
• Pavement Types (AC or PCC)
• Functional Classifications
• Pavement condition or age
Field QA/QC Step 3: Re -inspection 'Checks"
A minimum of five percent of all sections will be re -inspected by other team members. Sections with a Pavement
Condition Index (PCI) difference between the two surveys are also flagged for re -inspection. At the time of re-
inspection, the actual distresses will be re -inspected and verified, and any corrections made, if necessary. Distress
types and severities must be the same, and re -measured quantities within ±10% of the original measured quantity.
If corrections are required on more than 10% of the re -inspected sample units, then an additional 5% will be re-
inspected. This will continue until more than 95% of the re -inspected sections meet the acceptability criteria.
All costs associated with additional re -inspections due to a failure to meet the acceptance criteria will be borne by
NCE. A sample QA/QC plan is attached to this proposal as Appendix C.
As the deliverables for this sub task, ii1CF will provide:
• QC/QA Plan
Sub Task 28 - Pavement Condition Surveys
Prior to the start of the field surveys, NCE/Cartegraph will meet with City staff to discuss City protocols for distress
collection. Lane closures are not required as part of distress collection. Typically, any stopped vehicles will be
parked in parking lanes, in nearby parking lots or on the shoulders, and will not in any way prevent the free flow of
traffic. w.r
NCE/Cartegraph will perform
distress collections surveys on
146.6 miles of street segments.
Street names and limits will be
verified during this stage. Should
there be any questions or
variations noted, the City will be
contacted for clarification.
Examples of typical distresses are
shown below.
Longitudinal or
transverse
cracking
'4451, 11
SINCE
City of Diamond Bar
+A Engineering Services for Pavement Management System (PMS) Update Proposal
Pavement Condition Assessment — NCE/Cartegraph will collect/gather data in a
sophisticated and proven automated (with digital cameras) and windshield
verification procedures. NCE will be providing the calibration portion of the
project using conventional walking (manual) methods
The evaluation of the pavement surface distress is on the basis of three
components:
• Type is defined as 'What kind of crack or defect is it?" based on environmental distresses (i.e.: Block
Cracking, Longitudinal/Transverse Cracking, Weathering) or load related distresses (i.e.: Alligator Cracking,
Rutting).
• Severity is defined as How bad is the defect?' in terms of the measurement or degree of wear associated
with the condition.
• Extent refers to quantity or 'How much?' of the pavement is affected by a particular distress.
The automated system will collect the rut depth measurements for both traveled wheel track ruts simultaneously
at client specified intervals. The results are triggered by the longitudinal distance traveled, independent of
longitudinal speed.
Any variation from the established procedures will be to accommodate unique local conditions e.g. chip seals over
Portland cement concrete pavements etc. These conditions typically exhibit unique distresses that may not be
reflected in any distress manual, so special exceptions will need to be made. Any areas which are not typical of the
entire section will be inspected and recorded as a special sample unit.
Please note that NCE's scope of work and condition surveys do not address issues including but not limited to
traffic safety and road hazards geometric issues road shoulders sidewalks curb and gutters, drainage issues or
short term maintenance that should be performed.
Pavement Inspectors for this project have been tested and certified through the Orange County
Transportation Authority's (OCTA) "Inspector Testing" programs. These certifications are
renewed every two years and cover the Micro PAVER distress types.
Data Entry
The condition survey data will be entered into the MicroPAVER database by NCE/Cartegraph. This task will be
performed at our office in order to provide quality control of all data entered into the system. The database will
be reviewed for errors and any found will be corrected prior to performing calculations.
12
City of Diamond Bar
Engineering Services for Pavement Management System (PMS) Update Proposal
As the deliverables for this sub task, HCE will provide:
• PCI report sorted by PCI and Alphabetically
Task 3 — Maintenance and Rehabilitation (M&R) Activities (OPTIONAL)
The RFP did not cover the update of any treatments that have been accomplished since the last update. Populating
the PMP database with recent historical data is extremely useful for determining future treatments and predicting
performance of various pavement sections. NCE believes that is important and has added this task in as an option.
This includes overlays, reconstructions and any surface seals. The M&R treatments completed since the last
pavement management update will be entered in the City's MicroPAVER database. This will be done during the
pavement condition survey portion of the project.
These historical records must include the following information:
• Street Name
• Street and section IDs
• Begin and ending limits of work
e Type of treatment
• Date of treatment
o Cost of treatment (optional)
As the deliverables for this task, NCE will provide:
• M&R history report
Task 4 — Preventative Maintenance and Rehabilitation (M&R) Strategies, & Unit Costs
M&R Decision Tree
The development of the M&R Decision Tree is a critical step in any PMP implementation as it has a direct and
significant impact on the final work plan that is developed, as well as the budgeting consequences. Therefore, NCE
will first meet with City staff to provide a brief overview of different treatments available, and their applicability to
Diamond Bar. This will include:
Pavement preservation activities e.g. chip, scrub, slurry and cape seals (conventional as well as with
rubber), microsurfacing, crack filling and sealing, ultrathin bonded overlays (see photos below).
Rehabilitation e.g. cold in-place recycling, full depth reclamation, foam asphalt, warm mix technology,
asphalt rubber overlays
a`I
WNCE 13
I
City of Diamond Bar
Engineering Services for Pavement Management System (PMS) Update Proposal
Crack Seal Fog Seal Slurry Seal Scrub Seal
Chip Seal Cape Seal Micro -Surfacing
Ultrathin Bonded
This will include the recommendation and selection of appropriate treatments such as seals or overlays, and the
determination of treatment unit costs. Given the rising costs of construction and the shortfall in revenues, this will
also be an appropriate time to review the use of new treatments or materials. The advantages and disadvantages
of each will be discussed, together with any local experiences.
NCE's experience in pavement engineering and design, as well as local conditions, allows our staff to be able to
provide the City with solutions that are innovative, practical and workable. For example we worked with Chula
Vista to develop strategies for implementing "cool pavements".
The M&R alternatives are used to determine effective treatments for each street section based upon criteria such
as condition, pavement type, and functional class. Once these M&R alternatives are defined, a treatment unit cost
will be determined for each alternative. These alternatives and costs will then be entered into the PMS database
for budgetary analyses. All modifications will be noted and summarized in a report to the City.
Unit Costs
NCE will also obtain recent construction work completed and their associated costs from the City. We will also look
at recent construction work completed by other agencies in the local vicinity. Once the costs have been applied to
the decision tree it will be sent to the City for approval.
As the deliverables for this task, NCE will provide:
• Updated Decision tree with unit costs and treatment strategies
Task 5 - Budgetary Analyses
Next, NCE will perform a Budget Needs or Unconstrained Budget analysis using a 5 year analysis period. At times it
may be prudent to run the analysis for 10 years to see the effect of various treatments. This can be discussed prior
to our performing the analyses This will identify M&R requirements for each road section and determines the total
maintenance and rehabilitation requirements over the entire analysis period. The Needs Analysis identifies road
sections that need treatment and applies the M&R decision trees to each section. The costs are then summed for
the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street
sections for repair under constrained budgets.
The Budget Scenarios evaluation prioritizes sections for repair under constrained, realistic, budgetary
assumptions.
® 14
V
City of Diamond Bar
.l
Engineering Services for Pavement Management System (PMS) Update Proposal
Multiple funding scenarios may be performed to answer "what -if questions (the real "meat" of any PMS). NCE
will perform budget scenarios based on the input from the City during the meeting that discussed the pavement
strategies, unit costs and annual budget. Some scenarios that can be run are as follows.
• Unconstrained budget
• Existing funding levels
• Funding levels required to maintain a network wide target PCI
• Results of no funding during a given period
Task 6 — ®raft Report and GIS Integration
Saab -Task 6A— Draft Report
Upon completion of Task 5, NCE will prepare a draft report for the City to review. The report will contain, at a
minimum, the following information:
• Streets maintained by the City listed alphabetically and by
PCI; ss ss B
o �64 0 6
• Street sections listed with lengths and widths
• Current pavement conditions in tabular format for all ,_..
road classes and surface types
sso E
• List of streets that have had treatments done since the
last update;
• Projected annual repair/rehabilitation programs for a °
0
multi-year period; z°u zo=a x°ss z°=s x°v zo¢e zozs mm
we
• Project schedules and associated budgets (with inflation
adjustments) for the entire network as well as each road
segment over the given period of time
• An analysis allowing the City to measure and understand the impact of deferred maintenance (backlog)
on the overall network condition.
As the deliverables for this task, NCE will provide:
i Draft report (electronic copy)
Snob -Task 66 — GIS Integration
In this task, NCE/CARTEGRAPH will work with the City's GIS staff to upload the current shapefile to the City's
MicroPAVER database.
V,,� 15
i,
City of Diamond Bar
Engineering Services for Pavement Management System (PMS) Update Proposal
The linkage typically consists of matching segments in the base map based on road name, type and/or direction.
Each section can be linked to a segment or segments in the base map. The GIS Settings Screen is used to create
the link between the database and the base map.
As the deliverables for this task, INCE will provide:
• Updated GIS shapefile prepared to link with City's ArcGIS
• PCI value map of each section
• Five year projection of rehabilitation work
Task 7 — Final Report
Final Report
Upon receipt of the City's comments on the draft report, NCE will make all appropriate revisions and corrections
and will submit the Final Report to the City.
As the deliverables for this task, INCE will provide:
• Final report (3 hard copies)
• One (1) electronic copy of all data via flash drive
• Updated MicroPAVER database linked to GIS
Task 8 — Staff Training
NCE has trained over 100 agencies in the use of various PMS programs and Distress Collection procedures. We
have technical support agreements with various agencies throughout the state and service their staff whenever
needed.
NCE will prepare and present to staff a training class that will cover basic MicroPAVER operations, including how to
access the program, import and export E.65 files (MicroPAVER's database backups and updates) and an overview
of the features available. Areas to be covered include:
• Creating or editing street sections
• Entering maintenance and rehabilitation treatments
• Revising of the decision tree
o Unit costs
o Treatments
o Time intervals
• Creating budget scenarios
o Needs analysis
o Generating reports
o Budgetary reports
All materials for the class will be provided by NCE and will be based on the City's MIcroPAVER database. It is
assumed that the classes will be conducted on-site and will include no more than 5 to 6 staff members. It is
assumed that computers will be provided by the City.
16
15"MINCE
EXHIBIT "C"
FEESCHEDULE
I-
n
.v
m
SCHEDULE OF CHARGES 2014
PROFESSIONAL SERVICES
clerical .. ............................ I ............. ............. '. ....,,..
Principal.......................................................................
$210/hour
Associate.....................................................................
$175/hour
Senior.......................................................................
$135/hour
Project.........................................................................$120/hour
Expert testimony in depositions, hearings, mediations, and trials will
Staff............................................................................
$110/hour
TECHNICAL SERVICES
Senior Construction Manager*
hour
$120/hour
Senior Designer............................................................$120/hour
Truck..... .......................................................................... $85/day
Senior Technician/Construction Inspector* .......................
$110/hour
CAD Technician...............................................................
$90/hour
Senior Field Scientist.....................................................
$105/hour
Field Scientist.................................................................
$85/hour
Project Administrator.......................................................
$90/hour
Field/Engineering Technician .............................................
$80/hour
Technical Word Processing ...............................................
$70/hour
* Rate will be adjusted for prevailing wages required on Public
Works projects in the State of California.
0
clerical .. ............................ I ............. ............. '. ....,,..
CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor
on a temporary basis to meet peak workload demands. Such contract
labor will be charged at regular Schedule charges.
LITIGATION SUPPORT
Expert testimony in depositions, hearings, mediations, and trials will
be charged at 300% of the above rates.
EQUIPMENT
Plotter Usage .............................................. (separate fee schedule)
Truck..... .......................................................................... $85/day
Automobile....................................IRS Standard Mileage Rate+15%
Falling Weight Deflectometer Testing ..............................$3,500/Day
Coring........................................................................$4,500/Day
Environmental Equipment ............................ (separate fee schedule)
OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE
and all other costs such as special printing, photographic
work, travel by common carrier, subsistence, subcontractors,
etc............................................................................... cost+15%
COMMUNICATION/
REPRODUCTION
In-house costs for long-distance telephone, faxing, postage, printing
and copying ........................................... project labor charges x 5%
TERMS
Billings are payable upon presentation and are past due 30 days from
invoice date. A finance charge of 1.5% per month, or the maximum
amount allowable by law, will be charged on past -due accounts. NCE
makes no warranty, either expressed or implied, as to its findings,
recommendations, specifications, or professional advice except that
they are prepared and issued in accordance with generally accepted
professional practice.
* Rate will be adjusted for prevailing wages required on Public
Works projects in the State of California.
0
CITY COUNCIL
Agenda # 6.8
Meeting Date: Jan. 6, 201 S
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana = ✓'
TITLE: ADOPT RESOLUTION NO. 20154XX APPROVING FINAL TRACT MAP
NO. 72351, FOR THE SUBDIVISION OF AIR SPACE FOR A 19 -UNIT
OFFICE CONDOMINIUM, LOCATED AT 660 NORTH DIAMOND BAR
BOULEVARD IN THE CITY OF DIAMOND BAR
RECOMMENDATION:
Adopt Resolution, direct the City Engineer to sign the map and the City Clerk to certify
and process the map for recordation.
FINANCIAL IMPACT:
There is no financial impact to the City.
BACKGROUND:
The tentative map application was made to the Planning Commission by the property
owner, Peichin Lee of Diamond Bar Investment, LLC, at a duly noticed public hearing
on December 19, 2013 which the Commission concluded its review of the application
and adopted Resolution No. 2013-29 approving Tentative Tract Map No. 72351.
The City Council conducted a duly noticed public hearing on this application on
February 4, 2014, which the Council adopted Resolution No. 2014-05 approving
Tentative Tract Map No. 72351.
DISCUSSION:
The applicant filed a tentative tract map to subdivide one of the existing Diamond Bar
Executive Park business center buildings into air space for a 19 -unit office
condominium. The current usage is not being modified and will continue to be
consistent with the professional zone designated within the City. Although this project is
being constructed within an existing business center, public improvements included
upgrading the existing driveway approaches to meet current ADA and APWA standards.
The required improvements have been completed and signed off.
The Final Tract Map subdivides air space into nineteen (19) office condominium units
while the remaining land on the parcel is dedicated to parking and access which is
covered by a reciprocal agreement with all owners/tenants of the Diamond Bar
Executive Park business center as well as designated fire lanes and utility easements.
The Final Tract Map 72351 has been reviewed by both the Public Works Department
and Community Development Department and has been found to be technically correct
and conforms substantially to the approved tentative tract map. The final map meets the
requirements of the conditions of approval.
PREPARED BY: DATE PREPARED:
Sterling Mosley, Assistant Engineer December 29, 2014
REVIEWED BY:
avid G. Liu,.Dl eGtor of Ptt I c Works
Attachments: Resolution No. 2015 -XX
Tract Map No. 72351
2
A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL
TRACT MAP 72351, FOR THE SUBDIVISION OF AIR SPACE TO A 19 -UNIT OFFICE
CONDOMINIUM, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA
A. RECITALS
(i) Property owner, Peichin Lee of Diamond Bar Investment, LLC, 17528 East
Rowland Street, #288; City of Industry, CA 91748 (the "Applicant"
hereinafter), has heretofore filed an application for approval of Final Tract
Map No 72351, (the "Application" hereinafter), as described in this
Resolution.
(ii) On December 19, 2013 the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing on the subject matter of the
Tentative Tract Map and, upon conclusion of said public hearing on
December 19, 2013 the Planning Commission adopted its Resolution No.
2013-29 recommending that the City Council approve Tentative Tract Map
72351.
(iii) On February 4, 2014, the City Council of the City of Diamond Bar
conducted a duly noticed public hearing on the Tentative Tract Map and,
upon conclusion of said public hearing on February 4, 2014, the City
Council adopted its Resolution No. 2014-05 approving Tentative Tract
Map 72351.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City
of Diamond Bar as follows:
This City Council hereby specifically finds that all of the facts set for in the
Recitals, Part A, of this Resolution are true and correct.
2. Based on substantial evidence presented to this Council regarding the
Application, this Council finds the Final Tract Map to be in substantial
conformance with the Tentative Tract Map and this Council hereby
specifically approves Final Tract Map 72351, as presented.
The City Council hereby specifically finds and determines that, based
upon the findings set forth below, and changes and alterations which have
been incorporated into and conditions upon the proposed project set forth
in the application, no significant adverse environmental effects will occur.
4. The City Clerk is hereby directed to:
a. Certify to the adoption of this Resolution; and
b. Transmit a certified copy of this Resolution to Diamond Bar
Investment, LLC, 17528 East Rowland Street, #288, City of
Industry, CA 91748
PASSED, APPROVED AND ADOPTED this 6th day of January, 2015.
Steve Tye, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 6t" day of January, 2015, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABESENT: COUNCIL MEMBERS
ABSTAINED COUNCIL MEMBERS
ATTEST:
City Clerk, City of Diamond Bar
i PARCEL
GROSS AREA: 1 AD ACRES
NET AREA: 1.00 ACRES - TRACT NO. 72351
IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 39434, IN THE CITY OF
DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 958, PAGES 80 THROUGH 81, OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM CONVERSION PURPOSES
OWNERS'STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR ARE INTERESTED IN THE LANDS INCLUDED
WITHIN THE SUBDIVISION SHOWN ON THIS N;aP WIT✓l+-yq 7!--INCTIVE BORDER LINES, AND THAT WE
CONSENT TO THE PREPARATION ANG FILING OF SAID MAP AND SUBDIVISION.
OWNER
DB OFFICE INVESTMENT,LLC, A CA UFORNIA LIMITED LIABILITY COMPANY
PEICHIN LEE, MANAGER
EVERTRUST BANK, AS BENEFICIARY UNDER DEED OF TRUST RECORDED JANUARY 10, 2014 AS
INSTRUMENT 09.20140029060 OF OFFICIAL RECORDS.
NAME#Qe&94$AWTITLE: EV CGGa NAME: TITLE:
ACKNOWLEDGEMENTS:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
PERSONALLY APPEARED TIICd2n LCL WHO PROVED TOME ON THE
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONA WHOSE NAME() IS/AAE SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT NE/SHE/iMCY EXECUTED THE SAME IN
HIB/HER/TY 14 AUTHORIZED CAPACITY(IES), AND THAT BY HIB/HER/TYEIR SIGNATURE(B) ON THE
INSTRUMENT THE PERSON/'.], OR THE ENTITY UPON BEHALF OF WHICH THE PERSONIS*ACTED,
EXECUTED THE INSTRUMENT,
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL.
LAND
�Hl
S. BREG9oGP<
SIGNATURE
G OwIbbI1M0.m1RD
--6/
��
Y xlBBrrFl�xofinm.l�'
P.L.S. NO, 8382
STATE OF CALIFORNIA
' ~��� w•
COUNTY OF LOS ANGELES
-
ON P1,4Yx li y1Qiy BEFORE ME, %4L 4 L (o glibry -"Wt
PERSONALLY APPEARED 44E14r'L SKin WHO OVED TO ME ON THE
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($] WHOSE NAMER) IS/AR"UBSCRISED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SiIEKHEY EXECUTED THE SAME IN
HISIHEBLIHEIR AUTHORIZED CAPACITY668); AND THAT BY HIS/MWW+EIR SIGNATURE(BI ON THE
INSTRUMENT THE PERSONA, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(6) ACTED,
E`/.ECD I ED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAI THAT THE
FOREGOING PARAGRAPH IS TRUE AND CORRECT. uA:
comminlm 114x1964
WITNESS MV HAND AND OFFICIAL SEAL. � ,nN,y Pu44c-EMvw
rT Lw A9MI19 EouMx
/'7 M fnmm F ,. 1� y6 y6r1
SIGNATURE
I HEREBY CERTIFY THAT THE SECURITY IN THE AMOUNT OF S HAS BEEN FILED
WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AS
SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON
THE LAND SHOWN ON MAP OF TRACT NO. 72351 AS REQUIRED BY LAW.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BY:
DEPUTY DATE
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE
THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTION 66492 AND 66493 OF THE SUBDIVISION
MAP ACT.
EXECUTIVE OFFICER, BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BY:
DEPUTY DATE
THE SIGNATURE OF THE GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION AND
SOUTHERN CALIFORNIA EOISION COMPANY, A CORPORATION HOLDERS OF EASEMENT FOR
PUBLIC UTILITIES PURPOSES BY DEEDS RECORDED IN BOOK D3972 PAGE 181 AS INSTRUMENT
NO. 3125 AND JULY 23, 1980 AS INSTRUMENT NO. 80-701237, BOTH OF OFFICIAL RECORDS HAS
BEEN OMITTED PURSUANT TO THE PROVISIONS OF SECTION 66436 (e)3A(i-viii) OF THE
SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE.
SAID EASEMENTS CANNOT BE PILOTED FROM RECORD.
THE SIGNATURE OF TRANSAMERICA DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION,
HOLDER OF AN INTEREST IN OIL, GAS. OTHER HYDROCARBONS AND MINERALS AS DISCLOSED BY
DEEDS RECORDED MARCH 29, 19681N BOOK D3955, PAGE 185 AS INSTRUMENT NO. 2456, AND
RECORDED JUNE 19, 19691N BOOK D4407, PAGE 891 AS INSTRUMENT NO. 1776; AND MODIFIED BY
DEED RECORDED AUGUST 24, 1979 AS INSTRUMENT NO. 79-947815, ALL OF OFFICIAL RECORDS,
RECORDS OF LOS ANGELES COUNTY, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION
66436, SUBSECTION (a) 3 (C) OF THE SUBDIVISION MAP ACT.
THE SIGNATURE OF THE COUNTY OF LOS ANGELES THE OWNER OF AN EASEMENT FOR
SANITARY SEWER PURPOSES BY DEED RECORDED JANUARY 11, 1988 AS INSTRUMENT NO. 2127
IN BOOK D3B89, PAGE 419 OF OFFICIAL RECORDS HAS BEEN OMITTED PURSUANT TO THE
PROVISIONS OF SECTION 66436 (8)3Ni-viii) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS
SUCH THAT IT CANNOT RIPEN INTO A FEE.
SURVEYOR'S STATEMENT
SHEET 1 OF 2 SHEETS
TH!S N.AP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND
LOCAL ORDINANCE AT THE REQUEST OF PEICHIN LEE ON SEPTEMBER 26,2014, 1 HEREBY
STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE
POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE
DECEMBER 31, 2014, AND THAT THE MONUMENTS ARE OR WIII, RE SUFFICIENT TO
ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY
CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
-
LAND
�Hl
S. BREG9oGP<
oytiWPQ,
U �
CESAR S. BREGAUDIT DATE
O
* NO. 6592
P.L.S. NO, 8382
LICENSE EXPIRES 12/31/2015
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING N 29°16'28" E OF THE
CENTERLINE CURVE TANGENT OF NORTH DIAMOND BAR BOULEVARD AS SHOWN ON TRACT
NO. 39434, RECORDED IN BOOK 956, PAGES 80 THROUGH 81 OF MAPS, RECORDS OF LOS
ANGELES COUNTY.
REVIEWED FOR THE CITY OF DIAMOND BAR BY: HALL 8 FOREMAN, INC.
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT IT COMPLIES WITH ALL PROVISIONS
OF STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP', AND THAT 1
AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED
TO BY THE CITY ENGINEER.
ND.BfJ16
° E1q.0ElS//G
WILLI M G. OFF DATE Go
L. S. 6685, EXPIRES 6/30/2016
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUBSTANTIALLY TO
THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF: THAT ALL PROVISIONS OF
SUBDIVISION ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME OF
APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT ALL PROVISIONS
OF THE SUBDIVISION MAP ACT, SECTION 66442 (a) (1) (2) AND (3) HAVE BEEN COMPLIED WITH.
DAVID G. LIU
CITY ENGINEER, CITY OF DIAMOND BAR
R.C.E. NO. 44053
CITY CLERK'S STATEMENT
5\oNAL EH
DATE A No. aaov �
4 CIVIL S
I, TOMMYE CRIBBINS, CITY CLERK OF THE CITY OF DIAMOND BAR DO HEREBY STATE THAT
THIS MAP WAS PRESENTED FOR APPROVAL TO THE DIAMOND BAR CITY COUNCIL AT A
REGULAR MEETING THEREOF, HELD ON THE DAY OF ,2014
AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED,
APPROVE SAID MAP.
TOMMYECRIBBINS DATE
CITY CLERK, CITY OF DIAMOND BAR
SPECIAL ASSESSMENT STATEMENT:
I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF
THE CITY OF DIAMOND BAR, TO WHICH THE LAND INCLUDED IN THE ANNEXED MAP OR ANY
PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL.
TOMMYECRIBBINS DATE
CITY CLERK, CITY OF DIAMOND BAR
1 PARCEL
GROSS AREA: 1.40 ACRES
NET AREA: 1.08 ACRES
SHEET 2 OF 2 SHEETS
TRACT NO. 72351
IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 39434, IN THE CITY OF
DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 958, PAGES 80 THROUGH 81, OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM CONVERSION PURPOSES
PER
pWF0143A•PG. 155P W
O
F u:
0 4��
�At \ p 00 yQ�510ds
AV91
1
opmm�
ommm
1.40 GROSS AC. / 25,00'
it
I
nip 4
R4cF90a
ro
Ll i
o
a
F0. LEAD & TAG ONI
RETE
5
lq
N 60.4312"
—
Sc RCY'GirD•
NOTNIN „4
Zm
—
me
84.83'
—
N 60'43'32' W
Ja¢ RCE 9o70TN0
\
S 60.43'21"E 452.66'
\
\
(452.62)
N 21855'8 E NE'LY LINE OF TRACT NO. 39434,
(16.55)
M.B. 958/80-81
50.00'
40 20 0 40 80 120
SCALE: 1"= 40'
EASEMENTS
RECIPROCAL, NONEXCLUSIVE EASEMENTS FOR ACCESS,
INGRESS, EGRESS, AND PARKING, PER INSTRUMENT NO.
79-1446776 O.R. RECORDED 1212709, AND MODIFIED BY
INSTRUMENT NO. 85-1313405 O.R. RECORDED 11/6/85 CANNOT
BE PLOTTED FROM RECORD.
EASEMENTS FOR UTILITIES, TEMPORARY CONSTRUCTION,
INGRESS, EGRESS, DRAINAGE, ENCROACHMENT, AND OTHER
PURPOSES RESERVED IN DOC. RECORDED 10/21/80 AS
INSTRUMENT NO. 80-1075012 O.R. AND MODIFIED PER DOC.
RECORDED 9124181 AS INSTRUMENT NO. 81-9492400 R.
CANNOT BE PLOTTED FROM RECORD.
NON-EXCLUSIVE EASEMENTS FOR PARKING, INGRESS,
EGRESS, TEMPORARY CONSTRUCTION, UTILITIES PER DOC.
RECORDED 10128180 AS INSTRUMENT NO. 80-1075013 O.R.
CANNOT BE PLOTTED FROM RECORD. -
SURVEYOR'S NOTES AND LEGEND
( ) INDICATES RECORD DATA PER TRACT NO. 39434,
M.B. 958180-81
• INDICATES FOUND MONUMENT AS NOTED
O INDICATES SET NAIL 8 TAG, "L.S. 8382"
INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED
BY THIS MAP.
ALL MONUMENTS SHOWN •SET" ARE IN ACCORDANCE WITH
THE MONUMENT AGREEMENT FOR THE MAP, UNLESS
OTHERWISE NOTED.
Vo_"I
II
II
872-42'42"W
1
opmm�
ommm
1.40 GROSS AC. / 25,00'
it
I
1.08 NET AC. 0=45.0000'
D m
y N
F Ip
x
O
O
O
R=10.00'
S62'IT18'E
I
y
L=14.14'
32.28'
p=45°00'87
inf
K
S52'20'02"E
R=2200'
N
S7a.
25.87'
L=17.28'
I
w
0
o
-NI " '
'1C
S62
76.46'
$17'1TiB"E
.46'
23.34'
I
I
I
o
b —
4=45°08'00'
I
R=22 00'
A= 5°00.00•
R=16.80'
L=12.57'
II
II
872-42'42"W
1
u
LL
1.40 GROSS AC. / 25,00'
it
I
1.08 NET AC. 0=45.0000'
D m
y N
F Ip
x
O
O
O
R=10.00'
�Bjl 0 •°al
I
y
L=14.14'
ACo
E010312B° 113'
inf
K
� (
N
Ir
I
I p5° �N5�t
o?E�
SEME��DF
I
- _
0
o
-NI " '
I
I
I
I
I
I
o
I
I
I
I
A= 5°00.00•
R=16.80'
L=12.57'
W
�O
872-42'42"W
u
LL
1.40 GROSS AC. / 25,00'
it
I
1.08 NET AC. 0=45.0000'
D m
y N
F Ip
x
O
O
O
R=10.00'
N
pa'
I
L=14.14'
W
�O
50'
u
LL
it
D m
y N
F Ip
x
O
O
O
N
pa'
c2 m
N
z
g
O
K
Ir
1
04.80'
(
< I
r I
1
pF'Ae A�9 113 m P
eMENo�°� I
5 Ep.
4=45.00'00'
R=22.00'
u L=i].2B'
N
to
I— — -y N72 -42'42"E '^
43.66'
o=as•00'00•
N62•V'18•W R=18.00'
34.45' L=72.5]'
N77'25'S0"W
28.67' I""No
N62-17.18"
N62.17'15W IFN�1 3
A
w31.79' Op2�5�
Pj9BA
W%l No
501�
No
nd eri
17,.0' N C
SWLY LINE OF TRACT NO. 39434, M.B .958180-81
" 451 52' (451.52')
CITY COUNCIL
Agenda 4 7.1
Meeting Date: danuary 6 2015
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana r
TITLE: An Interim Ordinance of the City f Diamond Bar pursuant to Government
Code Section 65858 temporarily prohibiting the establishment, expansion
or relocation of massage establishments Citywide and declaring the
urgency thereof.
RECOMMENDATION:
Adopt Interim Urgency Ordinance No. XX(2014) to place a 45 -day moratorium on issuing
land use permits or business licenses for establishment, expansion or relocation of massage
establishments Citywide.
BACKGROUND/DISCUSSION:
Prior to January 1, 2009, cities and counties were able to regulate massage establishments
by imposing land use and business licensing controls to address local concerns associated
with these businesses. The foremost concern has been keeping out massage "parlors" which
serve as fronts for prostitution and other illicit activities. Diamond Bar required each
proposed massage establishment to obtain approval of a conditional use permit from the
Planning Commission, and all owners and technicians to undergo background investigations
prior to obtaining business licenses. Moreover, the City required adherence to strict attire,
sanitary and business hour requirements.
In recent years, legitimate, and often upscale, franchise massage businesses have risen in
prominence and have sought to improve the public's perception of the massage industry by
lobbying for the creation of a certification process which demands that massage practitioners
are held to high professional standards. Their lobbying efforts led to the Governor's signing
of SB 731, which went into effect on January 1, 2009. The League of California Cities
described SB 731 as an effort "to professionalize the (massage) industry by creating uniform
standards for massage practitioners and therapists, with the idea that the massage industry
should be treated 'no better and no worse' than any other professional service provider."' In
' Western City, March 2014, pp. 10-11 (westerncity.com)
2010, the Governor signed AB 619, which clarified the scope and applicability of specified
provisions of SB 731.
SB 731 and AB 619 established a voluntary certification process for massage professionals,
and provided for the creation of a new non-profit corporation, the California Massage Therapy
Council ("CAMTC"), to administer the certification process. Under specified circumstances,
these laws also preempted cities and counties from imposing many of their land use controls
pertaining to the regulation of massage establishments. Specifically, these laws mandated
that a local agency's regulation of massage establishments "shall be no different than the
requirements that are uniformly applied to all other individuals and businesses providing
professional services," provided that such massage establishments are either owned by
CAMTC-certified massage professionals, or employ only CAMTC-certified massage
professionals. In doing so, these laws prohibited Diamond Bar and all other California
jurisdictions from imposing regulations on CAMTC-certified massage establishments which
were more restrictive than those that would be imposed on medical practitioners, attorneys,
insurance agents, real estate agents, financial planners, or any other type of professional
service provider.
Since the enactment of SB 731 and AB 619, jurisdictions have seen an increase in the
number of massage establishments as a whole, as well as an increase in illicit massage
establishments which engage in prostitution and human trafficking. The increase in such
illicit activity is largely due to these laws' requirement that massage establishments shall not
be regulated more strictly than any other land use that provides professional services, as well
as fundamental flaws in CAMTC's organizational structure, certification criteria and
enforcement practices. San Gabriel, Huntington Beach and many other cities have
experienced an alarming increase in massage establishments, which in turn have placed
increased burdens on their law enforcement agencies.z Diamond Bar saw its number of
massage establishments increase from four to 15. Moreover, the City was compelled to
permit at least seven massage establishments to open simply on the basis that the owners
and/or massage technicians were CAMTC certified. In light of the enforcement issues
encountered in other jurisdictions where the number of massage establishments have
dramatically increased, illegal activity may also be occurring in some of Diamond Bar's
massage establishments. Assemblywoman Susan Bonilla described SB 731 and AB 619 as
laws "that had serious unintended consequences, with bad actors masquerading as
legitimate massage professionals exploiting loopholes in current law to insulate themselves
against the ability of local governments and law enforcement to shut them down."
In response to the rapid proliferation of massage establishments and the impacts directly
associated with them, cities, counties, elected representatives, law enforcement agencies
and the League successfully advocated for more carefully crafted legislation. On September
18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its effective date of
January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new law restores
significant local land use authority over massage establishments by removing SB 731's broad
state preemption of local massage ordinances and gives local governments greater authority
to enact reasonable regulations to manage massage establishments in the best interests of
z Ibid, p. 1 I
Interim Urgency Ordinance—Massage Establishments Page 2
the individual community, including restoring the authority to impose regulations on massage
establishments that do not apply to other professional service providers.
AB 1147 further mandates significant reforms to the organization and composition of the
CAMTC Board: commencing July 1, 2015, the board will include representatives from the
League, the California State Association of Counties, and the California Police Chiefs
Association.
This proposed urgency ordinance places a moratorium on the approval of conditional use
permits, building permits, business licenses or any other permit or entitlement for the
establishment, expansion and/or relocation of any massage establishment until new
regulations are prepared for adoption by the City Council. Staff will use the time provided by
the moratorium to study and draft amendments to the Diamond Bar Municipal Code
pertaining to the regulation of massage establishments that are consistent with AB 1147 in a
manner that protects the health, safety and general welfare of all persons from the negative
effects that illicit massage establishments impose on communities.
The Interim Ordinance will be effective from the date of adoption for a period of forty-five (45)
days. Consistent with Government Code Section 65858, the Council may adopt up to two
extensions of the moratorium after providing notice pursuant to section 65090 and holding a
public hearing. The maximum duration of the extensions are ten (10) months, fifteen (15)
days for the first, and twelve (12) months for the second.
PREPARED BY:
Greg Gubman, AICP
Community Development Director
Attachments:
1. Urgency Ordinance No. XX(2015)
2. AB 1147 Fact Sheet
Interim Urgency Ordinance—Massage Establishments Page 3
ORDINANCE NO. XX(2015)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR
PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY
PROHIBITING THE ESTABLISHMENT, EXPANSION OR RELOCATION
OF MASSAGE ESTABLISHMENTS CITYWIDE AND DECLARING THE
URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. This Interim Urgency Ordinance is adopted pursuant to Section 65858 of
the California Government Code and is for the immediate preservation of the public
health, safety, and welfare.
SECTION 2. Purpose and findings. The City Council of the City of Diamond Bar hereby
by finds, determines, and declares this Interim Urgency Ordinance is necessary for the
following reasons:
A. On January 1, 2009, California Senate Bill 731 ("SB 731") was enacted,
adding Sections 4600 et seq. to the Business and Professions Code. The League of
California Cities described the intent of SB 731 to be an effort "to professionalize the
(massage) industry by creating uniform standards for massage practitioners and
therapists, with the idea that the massage industry should be treated 'no better and no
worse' than any other professional service provider."
B. SB 731 established a voluntary certification process for massage
professionals, provided for the creation of a new non-profit corporation, the California
Massage Therapy Council ("CAMTC"), to administer the certification process, and
restricted local control of massage establishments.
C. In 2011, California Assembly Bill 619 ("AB 619") amended Section 6412 of
the Business and Professions Code to further restrict local agencies' ability to regulate
and restrict massage establishments.
D. Under specified circumstances, SB 731, as amended by AB 619,
preempted cities and counties from imposing many local land use controls pertaining to
the regulation of massage establishments by transferring the local regulation of massage
establishments and practitioners to CAMTC. More precisely, these laws mandated that
a local agency's regulation of massage establishments "shall be no different than the
requirements that are uniformly applied to all other individuals and businesses providing
professional services," provided that such massage establishments (1) are owned by
CAMTC-certified massage professionals; or (2) employ only CAMTC-certified massage
professionals. In doing so, SB 731 and AB 619 prohibited cities and counties from
imposing regulations on massage establishments operating under the auspices of
CAMTC certification which were more restrictive than those imposed on medical
practitioners, attorneys, insurance agents, real estate agents, financial planners, or any
other type of professional service provider.
Page 1 of 5
E. Since the enactment of SB 731 and AB 619, jurisdictions have seen an
increase in the number of massage establishments as a whole, as well as an increase in
illicit massage establishments which engage in prostitution and human trafficking. The
increase in such illicit activity is largely due to the requirement that massage
establishments not be regulated more strictly than any other land use that provides
professional services, as well as fundamental flaws in CAMTC's organizational structure,
certification criteria and enforcement practices.
F. Since the enactment of SB 731, the number of massage establishments in
the City of Diamond Bar has increased by more than 250%, and the City was compelled
to permit at least seven massage establishments to open simply on the basis that the
owners and/or massage technicians were CAMTC certified.
G. In light of the enforcement issues encountered in other jurisdictions where
the number of massage establishments have dramatically increased, illegal activity may
also be occurring in some of Diamond Bar's massage establishments.
H. The presence of illicit massage establishments changes the character of
neighborhoods, causes blight, and impacts the local economy, as legitimate businesses
refuse to operate locate next door to such uses.
I. Illicit massage establishments threaten the public health, safety and welfare
in that they operate as fronts for prostitution and potentially human trafficking operations.
J. On September 18, 2014, the Governor signed into law Assembly Bill 1147
("AB 1147"), which, upon its effective date of January 1, 2015, restored significant local
land use authority over massage establishments by removing SB 731's broad state
preemption of local massage ordinances and giving local governments greater authority
to enact reasonable regulations to manage massage establishments in the best interests
of the individual community, including restoring the authority to impose regulations on
massage establishments that do not apply to other professional service providers. AB
1147 further mandates significant reforms to the organization and composition of the
CAMTC Board commencing July 1, 2015.
K. The City desires to amend the Diamond Bar Municipal Code by adopting
new zoning, land use and business licensing regulations that are consistent with the
provisions of AB 1147 in order to protect the health, safety and general welfare of all
persons from the negative effects illicit massage establishments impose on the
community. In order to maintain the status quo and to prevent the further proliferation of
illicit massage establishments in the City during the time needed to complete the
necessary studies and adopt appropriate regulations, this Ordinance shall prohibit the
establishment of new massage establishments or the relocation or expansion of existing
massage establishments as of the date of adoption hereof until new permanent
regulations are prepared and adopted by the City Council.
SECTION 3. The issuance of land use entitlements, building permits, business
Page 2 of 5
licenses, or other applicable approvals, license, permits, or other entitlements for the
establishment of new massage establishments or the expansion or relocation of existing
massage establishments is hereby prohibited during the pendency of this Ordinance or
any extension thereof. For the purpose of this Ordinance, the term "massage
establishment' shall have the same meaning as set forth in Section 5.08.070(b)(3) of the
Diamond Bar Municipal Code.
SECTION 4. Severability. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this Ordinance,
including the application of such part of provision to other persons or circumstances, shall
not be affected and shall continue in full force and effect. To this end, the provisions of
this Ordinance are severable.
SECTION 5. Urgency. Based on the findings set forth in Section 1 hereof, the
issuance of land use entitlements or business licenses for new massage establishments
or the expansion or relocation of existing massage establishments poses a current and
immediate threat to the public health, safety and welfare. The City desires to amend the
Diamond Bar Municipal Code by adopting new zoning, land use and business licensing
regulations that are consistent with the provisions of AB 1147 in order to protect the
health, safety and general welfare of all persons from the negative effects illicit massage
establishments impose on the community. Pending completion of the necessary studies
and adoption of appropriate regulations, it is necessary for the immediate preservation of
the public health, safety and welfare that this Ordinance take effect immediately in order
that new massage establishments are not established, and existing massage
establishments are not expanded or relocated, in a manner inconsistent with the new
regulations and requirements applicable thereto that the City intends to study and enact.
This Ordinance is adopted pursuant to California Government Code Section 65858 and
shall take effect immediately upon adoption by a four-fifths vote of the City Council. This
ordinance shall be in full force and effect for a period of forty-five (45) days from the date
of its adoption unless extended by the City Council in accordance with the provisions of
California Government Code Section 65858.
SECTION 6. Conflicting Laws. For the term of this Ordinance, or any extension
thereof, the provisions of this Ordinance shall govern over any conflicting provisions of
any other City code, ordinance, resolution or policy.
SECTION 7. This Urgency Ordinance is not subject to the California
Environmental Quality Act ("CEQA") because the proposed code amendment will not
result in a direct or reasonably foreseeable indirect physical change in the environment
(Section 15060(c)(2) of the CEQA Guidelines) and this ordinance is covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines).
Page 3 of 5
PASSED, APPROVED AND ADOPTED this 6th day of January, 2015.
APPROVED AS TO FORM:
David DeBerry, City Attorney
Steve Tye, Mayor
Page 4 of 5
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 6th day of
January, 2015, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
Tommye Cribbins, City Clerk
City of Diamond Bar
Page 5of5
December 3, 2014
To: City and County Officials
From: Assembly Members Susan Bonilla, Jimmy Gomez and Chris Holden
Re: Implementation of AB 1147
ATTACHMENT 2
As authors of AB 1147, we carried this legislation in order to return broad control over land use to local
governments in regulating massage establishments in the best interests of the individual community.
While the bill does not go into effect until January 1, 2015, many jurisdictions are considering, or are in
the process of updating their ordinances. There have been numerous questions regarding what AB 1147
authorizes and what it prohibits. As authors of this bill, we have worked together with the League of
California Cities, the California State Association of Counties, the American Planning Association,
California Chapter and the California Police Chiefs Association to help answer some of these questions.
The answers to these questions are presented for informational purposes only and do not constitute
legal advice from the organizations involved with putting together this document. Each jurisdiction
should consult with its city attorney/county counsel to gain a complete understanding of AB 1147, its
impact on the existing ordinances, and its legal authority to regulate massage therapy businesses.
Sincerely,
( .
The Honorable Susan Bonilla T"nbvaile Jimi omez
Assembly Member, 14th District Assembly Member, 51" District
1I11��' yl
The Honorable Chris Holden
Assembly Member, 4V District
�pltr QRry�A
FAQs with Regards to Implementation of AB 1147
The answers to these FAQs are presented for informational purposes only and do not constitute legal advice from the
organizations involved with putting together this document. Each jurisdiction should consult with its city
attorney/county counsel to gain a complete understanding of AB 1147, its impact on thejurisdiction's existing
ordinances, and its legal authority to regulate massage therapy businesses. The provisions of AB 1147 take effect
January 1, 2015.
1) Q: Is a massage business that only uses certified massage professionals exempt from local regulation?
A: No. Article XI, section 7 of the California Constitution as well as Business and Professions Code section 460(c),
Government Code section 37101, Business and Professions Code 16000 and Government Code 51034 all recognize
the authority of a city to regulate businesses that provide massage therapy services. Under AB 1147, cities and
counties may regulate the business that provides the massage therapy services and California Massage Therapy
Council (CAMTC) may regulate the individuals who apply for certification to provide massage therapy services. This
division of authority and responsibility is reflected in the following statement of Legislative intent: "it is the intent
of the Legislature that broad control over land use in regulating massage establishments be vested in local
governments so that they may manage those establishments in the best interests of the individual community, and
that the requirements and practice of the profession of massage remain a matter of statewide concern, regulation,
and oversight" (Business & Professions Code 4600.5(b)).
2) Q. What limitations does AB 1147 impose on local regulation of certified massage professionals?
A. A local Jurisdiction may not (1) prohibit a person of one sex from engaging in the massage of a person of the
other sex; (2) define a massage establishment as an adult entertainment business, or otherwise regulate a massage
establishment as adult entertainment; (3) require a massage establishment to have windows or walls that do not
extend from the floor to ceiling or have other internal physical structures (such as windows) that interfere with a
client's privacy; (4) impose client draping requirements or otherwise require clients to wear special clothing; (5)
prohibit a massage establishment from locking its external doors if the business is owned by one individual with
one or no employees; (6) require a massage establishment to post any notice in an area that may be viewed by
clients that contain explicit sexual language; (7) require a person certified by CAMTC to take any test, medical
examination, or background check; (8) require a person certified by CAMTC to get a license, permit, or other
authorization to provide massage unless that person is a business owner, (9) impose a dress code stricter than that
imposed by AB 1147; or (10) prohibit massage techniques permitted by CAMTC (Government Code 51034(c)).
3) Q: Can a jurisdiction require independent contractors, sole providers, and owners of a massage business to
obtain a business license, massage permit, register with the police, or get a background check?
A: Yes. Under Government Code 51034(c)(8), a city may require a massage business owner, including a sole
provider or independent contractor who is CAMTC certified, to obtain a business license, and/or massage permit or
other entitlement to carry on the business of massage therapy. Independent contractors in the "business" of
providing massage therapy can be regulated as a "business."
4) Q: As part of its regulation of massage therapy businesses, can a jurisdiction require the business owner to
provide a current listing of its employees and independent contractors, their CAMTC certifications and other
relevant information?
information changes.
J: Can a jurisdiction requir- a conditional.ermit (CUP) for massage • .
A: and Professions Cor- • • provides explicit authorizationto adopt l:: ♦ use regulations
pertaining
■massage bu _ t jurisdiction may r:'- • its zoningordinance to require a CUP for a massage
business. However, a jurisdiction may not impose conditions on the conditional use permit that would violate the
provisions of Government Code 51034(c)(i)-(10) as described in Question No. 2. An application for a CUP for a
massage business would be considered under the same procedures provided in the jurisdiction's zoning ordinances
for other uses for which a CUP is required. Jurisdictions should review their zoning ordinances to determine
whether a massage business in operation prior to January 1, 2015o r #'...
jurisdiction • . restriction on • - r: of - - • :11 feet from a school,
A: AB 1147 gives local governments broad authority to use its Constitutional police power to select zoning districts
that are most appropriate for massage. However, a jurisdiction may not define or otherwise regulate a massage
establishment as "adult entertainment." A zoning ordinance that imposes a restriction on the location of a
massage establishment such as 300 feet from a school or park will be reviewed under a "reasonable and not
arbitrary" standard.
7) Q. Can a jurisdiction require individual massage therapists (who operate as employees) to obtain a business
license, massage permit, register with the police, or get a background check?
A. No. A jurisdiction may not require an individual massage therapist who holds a certificate from CAMTC and
operates as an employee to obtain any kind of license or permit or meet any other educational requirements, or to
register with the police or submit to a background investigation (Government Code 51034(c)(8)).
8) Q: What is the best way to make sure that only CAMTC-certified massage professionals work in my jurisdiction?
A. AB 1147 separates the certification of massage therapists from the regulation of massage businesses. The
certification of massage therapists is the responsibility of the CAMTC. The regulation of massage businesses is the
responsibility of local jurisdictions. Therefore, the best way to make sure that only CAMTC-certified massage
professionals work in a jurisdiction is to adopt an ordinance that requires massage businesses to use CAMTC-
certified massage professionals only. Another way is to adopt an ordinance that prohibits a person from working in
the jurisdiction as a massage therapist without a certificate issued by CAMTC. Because it's possible that the latter
way might be interpreted as conflicting with the CAMTC's role in certifying massage therapists, we believe that
imposing the restriction on the business is preferable.
9) Q: Can jurisdictions regulate the hours of operation of a massage business?
A: Yes. Jurisdictions can specify hours of operation based upon such factors as a commercial use in a residential
neighborhood or other reasonable requirements.
30) Q: Can a jurisdiction prohibit a massage professional from working out of his or her home?
A: A jurisdiction can impose restrictions on massage professionals working out of their homes in the same manner
that a jurisdiction regulates other professionals or business owners operating out of their homes. Some local
governments regulate business owners operating from their homes through a home occupation permit.
11) Q: Can a jurisdiction limit the number of massage establishments in its jurisdiction?
A: Ajurisdiction may limit the number of massage establishments in its jurisdiction if the jurisdiction is able to
articulate a reasonable basis for the cap.
12) Q: Is a jurisdiction prohibited from requiring physical improvements, such as transparent exterior windows?
A: No. However, a list of physical improvements that may not be required is described in the answer to Question
#2.
13) Q: Can a jurisdiction adopt regulations to prohibit a massage business from opening in the same location as a
previous business with illegal activity?
A: Yes, if there is a reasonable basis for this regulation.
14) Q: Can a jurisdiction adopt regulations holding the owner accountable for the actions of its employees and
independent contractors?
A: Yes. An ordinance regulating massage businesses may include a provision holding the business owner
responsible for how the business is conducted by its employees or independent contractors. In addition, Business
and Professions Code section 4607 provides that CAMTC may discipline an owner or operator of a massage
business or establishment who is CAMTC-certified for the conduct of all individuals providing massage for
compensation on the business premises.
15) Q: May a jurisdiction impose land use regulations on massage businesses that are different than those imposed
on other professional services?
A: Yes. This is one of the most significant changes to the law made by AB 1147. Prior to AB 1147, jurisdictions were
allowed to regulate businesses using certified massage professionals only to the extent that the jurisdiction
uniformly applied those regulations to all other business professionals. This is no longer the law.
16) Q: Can a jurisdiction enter massage establishments and make reasonable inspections?
A: Yes. Jurisdictions can conduct reasonable inspections as part of its ordinance requirements as well as recover
the reasonable costs of these inspections and other regulatory requirements.
17) Q: Is a conditional use permit fee of $20,000-$30,000 legal?
A: It depends. Fees, charges and rates are generally imposed in return for a specific benefit conferred or privilege
granted. A local government has the authority to impose fees, charges and rates under its police power through
California Constitution Article XI, §7. A fee may not exceed the estimated reasonable cost of providing the service
or regulatory act for which the fee is charged. A fee that does exceed such cost may be considered a special tax. In
addition, fees, charges and rates must be reasonable, fair and equitable in nature and proportionately
representative of the costs incurred by the regulatory agency. AB 1147 includes the following statement of
Legislative intent: "It is the intent of the Legislature that local governments impose and enforce only reasonable
and necessary fees...."
18) Q: Can a jurisdiction prohibit condoms on the premises?
A: Yes. A jurisdiction can prohibit condoms on the premises of a massage establishment as a standard in its
ordinance if there is a reasonable basis for this requirement.
19) Q: How can a jurisdiction handle a massage business that (after a police sting and surrender of the business
license) transfers the business to another individual?
A: A jurisdiction may include in its ordinance a requirement that prohibits a massage business permit from being
transferred without notice to and consent of the local government.
20) Q: Can a jurisdiction adopt and enforce a dress code for massage therapists?
A: Yes. AB 1147 includes certain restrictions on how certified massage therapists may dress. Ajurisdiction may
include those restrictions in its ordinance. Be aware, however, that a jurisdiction may not include stricter
requirements for certified therapists. If dress code restrictions are included in a jurisdiction's ordinance, and an
employee violates those restrictions, then the jurisdiction may enforce those provisions of its ordinance against the
business as it determines appropriate. Violations of a municipal code may be enforced civilly, criminally, or through
administrative enforcement. Ajurisdiction is also encouraged to use the procedure outlined in question no. 23 to
notify CAMTC of a violation.
12/03/2014
21) Q: What impact will AB 1147 have on existing massage businesses?
A: Each jurisdiction should carefully review the provisions of its municipal code regarding non -conforming uses of
land and imposing new regulations on existing businesses.
22) Q: Can a jurisdiction impose a temporary moratorium on approval of massage businesses?
A: Yes. AB 1147 takes effect on January 1, 2015. State law allows a city to adopt an interim ordinance that
prohibits otherwise allowed uses when those uses conflict with a pending land use study. Such a measure requires
a 4/5 vote of the jurisdiction; must contain a finding that there is a current and immediate threat to the public
health, safety or welfare; and may be adopted without following the notice and adoption procedures required for
other ordinances. The measure has an initial duration of 45 days and may be extended as specified by Government
Code 65858. Jurisdictions should exercise caution before imposing a temporary moratorium if they have previously
adopted a moratorium on the approval of massage businesses.
23) Q: Is there a process for a jurisdiction to follow if it wishes to inform CAMTC that it believes that a certified
massage therapist is in violation of state or local law?
A: Yes. A city is encouraged to report that information to CAMTC by going to CAMTC's homepage (www.camtc.ore)
and clicking on the link to "File a Complaint Against a CAMTC Certificate Bolder."
24) Q: If a massage therapist with a CAMTC certificate is arrested for prostitution or violating the Sex Offender
Registration Act, will his or her certificate be revoked?
A: If CAMTC receives notice that a certificate holder has been arrested and charges have been filed alleging
prostitution or a violation of the Sex Offender Registration Act, the council is required to immediately suspend the
certificate and notify the city or county in which the certificate holder lives or works of the suspension. If the
person is convicted, the certificate is permanently revoked. if a certificate holder commits a different act that is
punishable as a sexually related crime or otherwise violates provisions of AB 1147, CAMTC may (but is not required
to) take disciplinary action including, for some violations, suspending the certificate.
25) Q: Who should jurisdictions report violations to?
A: Violations of local ordinances should be prosecuted administratively, civilly, or criminally in accordance with the
provisions of the jurisdiction's municipal code. If a jurisdiction believes that a CAMTC certified massage therapist is
violating state law, then the jurisdiction is additionally encouraged to inform CAMTC as described under question
no.23.
26) Q. What prompts the inspection/investigation of a massage therapy school that could change the status to
.unapproved"?
A: CAMTC explains that when it receives credible information alleging that the massage therapy school has violated
one of the provisions of its Procedures for Un -Approval of Schools (available at www.camtc.orudSchools.aspx); this
information prompts the investigation of a school. CAMTC also looks for anomalies or changing patterns in
applications and transcripts that may warrant investigation.
27) Flow does CAMTC obtain the actual certificate of those persons whose certification has been suspended or
revoked?
A: CAMTC explains that it requests that revoked certificate holders return their certificates and ID cards to CAMTC.
In order to check whether a specific person has an active and valid CAMTC certificate, local jurisdictions can check
the "Verify Certification" link on CAMTC's website.
28) Q. Does AB 1147 apply to massage therapists who do not have a CAMTC certificate?
A. No. AB 1147 only applies to massage therapists who have a CAMTC certificate. AB 1147 does not affect the
authority of a city to regulate massage therapists who do not have CAMTC certificates or massage businesses who
employ massage therapists who do not have CAMTC certificates.
t
Agenda # 8.1
Meeting Date: January 6, 2015
CITY COUNCIL \ AGENDA REPORT
\1J89 �
\i
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Ma
TITLE: CITY COUNCIL VACANCY
RECOMMENDATION:
Discuss and take action regarding interview and appointment process, length of term,
and next steps to fill the vacant City Council seat.
BACKGROUND / DISCUSSION:
On December 2, 2014 the City Council considered its options and took action to
commence a process to appoint an individual to fill the vacant seat. City staff advertised
the vacancy and made application materials available to the public.
Applicants will be interviewed by the City Council on January 5, 2015 at 3:00 PM within
the Windmill Room of City Hall. The public meeting will be video taped for broadcast on
DBTV Time Warner Channel 3 and Verizon Fios Channel 47.
Twelve applications were received by the submittal deadline of 4:30 PM, December 19,
2014. One candidate subsequently withdrew his application. City staff communicated
with the eleven remaining candidates to establish the following January 5, 2015 interview
schedule:
1. Robert Nishimura 3:10 p.m
2. Tulsi Savani
3:30 p.m.
3. Joyce C. Young
3:50 p.m.
4. Shawn Dhand
4:15 p.m.
5. Peter Pirritano
4:35 p.m.
6. Ali Jakvani
4:55 p.m.
7. Jimmy Lin
5:20 p.m.
8. Ron Everett 5:40 p.m.
9. Andrew Wong 6:00 p.m.
10. Kim K. Hsieh 6:25 p.m.
11. David T. Liu 6:45 p.m.
Following the interviews, the City Council may choose to select an individual to fill the
vacancy. The City Council must select a new Council Member with a minimum of 3 votes
to approve the candidate.
The City Council must decide if the appointed person will serve the remainder of the
former incumbent's term expiring in November 2017 or only until a special election is held
concurrent with the scheduled statewide elections in June 2015 or November 2015.
The City Council can proceed with these decisions in any order or concurrently. If the
Council decides to vote for the new Council Member first, prior to deciding the length of
the term, it is recommended that the appointment be contingent upon the new Council
Member agreeing on the length of the term.
If the City Council is unable to select a candidate from the eleven applicants listed, the
Council may choose any process it deems appropriate to consider and select a new
member. The City Council has until January 30, 2015 to appoint a new member or
decide to hold a special election.
Attachment — City Council Agenda Report dated December 2, 2014
ATTACHMENT
Agenda # a. 1
Meeting Date: December 2 2018
CITY COUNCIL rN P x.,tin AGENDA REPORT
r9gs
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana&A__�
TITLE: CITY COUNCIL VACANCY
RECOMMENDATION:
Consider options and take action to commence a process to fill the vacancy.
FISCAL IMPACT:
There is no fiscal impact associated with the consideration of this item. However, should the City
Council choose to call an election to fill the seat vacated by former Council Member Chang, it is
estimated that the City would incur election -related costs of approximately $150,000.
BACKGROUND / DISCUSSION:
With Council Member Chang's election to the California Assembly (Ms. Chang's Council seat is
automatically vacated upon her swearing-in to the Assembly on December 1), there is now a vacant
seat on the Diamond Bar City Council. Pursuant to Government Code Section 36512(b), the City
Council must take action to fill the vacancy within 60 days (no later than January 30, 2015) by
appointment or by calling a special election. The Diamond Bar City Council has faced this situation on
five previous occasions, choosing to appoint a replacement four times while calling a special election
once (in 2005).
The City Council may choose from the following three options:
1. Appoint an Individual for the Remainder of the Term
The City Council may choose to appoint an individual to the vacant seat for the remainder of
the former incumbent's term expiring in November of 2017. The appointment will require a
majority vote of Council Members present in a quorum. The appointed individual must be a
United States citizen, registered voter, and a Diamond Bar resident eighteen (18) years of age
or older.
The City Council is under no legal obligation to advertise the vacancy, solicit applications or
conduct interviews before appointing an individual to the empty seat and may choose any
appointment process it deems appropriate. However, should the Council choose to appoint,
staff recommends a uniform application and interview process be used to transparently choose
the most qualified candidate. The use of the attached appointment application form is
recommended. It should be noted that any City Council interviews would be subject to Brown
Act requirements and a vote on the appointee must be made at a public meeting.
To ensure all legal requirements related to an appointment are met, the following timeline is
recommended:
• Council Meeting of December 2, 2014 - City Council announces vacancy, intent to
appoint and term of appointment (for remainder of unexpired term or until special
election). Council directs staff to post a Notice of Council Vacancy and make application
materials available to the public.
• December 19, 2014 at 4:30pm - Deadline for candidate applications.
• Week of January 5, 2015 - Council interviews with selected candidates followed by
Council deliberation and discussion.
• Special Meeting of the City Council held any time prior to January 30, 2015 — Vote on
appointment followed by announcement of the appointee.
2. Appoint an Individual to Serve Only Until a Special Election is Held
Per Diamond Bar Municipal Code Section 2.04.30, the City Council may appoint an individual
to serve until the date of a special election called by the City Council. The appointed individual
would be eligible to run for office in the special election.
As per above, while it is recommended by staff, the City Council is under no obligation to solicit
applications or conduct interviews and may appoint upon a majority vote of a quorum of the
Council.
3. Call a Special Election
If the Council chooses to call a special election, state law provides that it be held on the next
regularly established election date not less than 114 days from the call of the special election.
Given the January 30, 2015 deadline and 114 day window, the special election could be held
on either June 2, 2015 or November 3, 2015, concurrent with the scheduled statewide
elections.
When calling the special election, the Council may leave the office vacant until the special
election and operate as a four member body or appoint an interim Council Member whose seat
would expire on the date of the special election. The victor in the special election would hold
the office for the remainder of the term of the former incumbent, which expires in November
2017.
Because the County of Los Angeles will not be holding an election in June 2015, the City will
not be able to consolidate the special election with the County as it does with regularly
scheduled November municipal elections. Thus, should the Council choose to hold a June
2015 special election, the City would be fully responsible for conducting the election, and
would be required to secure all election -related materials and equipment, print and distribute
ballot materials, review voter registration/eligibility, retain precinct workers, count votes, etc.
These requirements will likely generate costs of approximately $150,000. If the Council
chooses to hold a special election in June, these costs would come in addition to costs of the
regularly scheduled November election.
Prepared by:
Ryan c ean, Deputy City Manager
�t DISI lot BALI
I III
21810 Copley Drive, Diamond Bar, California 91765
909.839.7000 1 cityclerk(d,)diamondbarca.00v
www.diamond barca. gov
APPLICATION FOR CITY COUNCIL VACANCY APPOINTMENT
Requirements: All applicants must be at least 18 years of age, reside and be registered to vote in the city of
Diamond Bar and be United States citizens at the time of application submittal.
Name:
Address:
Phone:
How long have you lived in Diamond Bar?
Principal Profession, Vocation, or Occupation:
Email:
Application Statement - Attach your responses to the questions below on a separate sheet. Applicants are also
encouraged to submit a letter of interest, resume, or personal statement.
1. Describe your involvement in the community (may include participation in community organizations, local
volunteer groups, etc.)
2. Have you ever served as a Council Member or member of any City Board or Commission? If so, please
describe.
3. Describe the specific experiences, qualities and skills that make you the most qualified City Council _
candidate.
4. In your view, what is the role of the City Council and local government?
5. In your view, what are the three most critical issues facing the City of Diamond Bar today.
Deadlines: Applications must be received by the City Clerk's office no later than Friday, December 19 at 4:30pm.
Submit to: City of Diamond Bar, Attention: Tommye Cribbins, City Clerk, 21810 Copley Drive, Diamond Bar, CA
91765. Applications received after the deadline will not be considered. Emails, postmarks, and faxed copies will not
be accepted.
Questions: Contact the City Clerk's office at 909.839.7010 or email cityclerk4diamondbarca.gov
Upon submittal, the application and all attachments become public documents that may be provided to anyone who
requests a copy under the Public Records Act.
Applicant Signature Date
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.
Si nAtur
This document is a public record subject to disclosure under the Public Records Act.
6�0
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: C� - 14-o DATE: I I
ADDRESS: 0 C<Y �iifvnr, ��>ag PHONE:O!hI -C{�
ORGANIZATION:
AGENDA#/SUBJECT:
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. /
r r
Signa ur
This document is a public record subject to disclosure under the Public Records Act.
TO: CITY CLERK
1
I V 4—
-FROM:
FROM:
�-`t rO C -.e
b M—®�`tA� DATE:
I�(� 12-0(�}
ADDRESS:
132'a Off6f
t�t17pU�t Lkl- PHONE:
ORGANIZATION:
(Optionv
youl �d�
(Optional)
AGENDA#/SUBJECT:
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.
Si nAtur
This document is a public record subject to disclosure under the Public Records Act.
6�0
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: C� - 14-o DATE: I I
ADDRESS: 0 C<Y �iifvnr, ��>ag PHONE:O!hI -C{�
ORGANIZATION:
AGENDA#/SUBJECT:
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. /
r r
Signa ur
This document is a public record subject to disclosure under the Public Records Act.
TO: CITY CLERK ' lei cy
FROM: `p�§U w c� �rS4 Yt: JYv1 mid 5 0 DATE: P -7 d
ADDRESS: PHONE: l0 �/ 0 — A) L®
ORGANIZATION: �!
AGENDA#/SUBJECT:
—ZAL II -rV S i xl)161-/ ' 1
I expect to address the Council on the subject <
reflect my name and address as written above.
This document is a public record subject to disclosure under the Public Records Act.
III
TO: CITY CLERK
FROM: 11jj� DATE:
ADDRESS: _ PHONE:
(Optional) (Option I)
ORGANIZATION: fb�i (4A O
AGENDA#/SUBJECT: U J(( G C6mkei�t'Cc-,
expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signa re
This document is a public record subject to disclosure under the Public Records Act.