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HomeMy WebLinkAbout050316 - Regular MeetingCity of Diamond City Council Agenda Tuesday, May 3, 2016 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Nancy A. Lyons Mayor Carol Herrera Council Member Ruth M. Low Council Member Jimmy Lin Mayor Pro Tem Steve Tye 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are invited to attend and participate. Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. Ri i�i7Pyfrr[i77e� [O7iRI''le aI:1:81][ YAM44r; A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. • Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 3, 2016 REGULAR MEETING: CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2016-12 Next Ordinance No. 05(2016) 6:30 p.m. Mayor Randy Lanthripe, Pastor Church in the Valley Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Team Evergreen - Odyssey of the Mind Team for becoming the California Champions. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the CitV Clerk (completion of this form is voluntary). There is a five-minute maximum time limit 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. MAY 3, 2016 PAGE 2 when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — May 10, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Cancelled). 5.2 Traffic and Transportation Commission Meeting — May 12, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — May 17, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes — Regular Meeting of April 19, 2016. Recommended Action: Approve as submitted. Requested by: City Clerk 6.3 Ratification of Check Register — Dated April 14, 2016 through April 27, 2016 totaling $944,587.43. Recommended Action: Ratify. Requested by: Finance Department 6.4 Treasurer's Statement — Month of March, 2016. Recommended Action: Approve. Requested by: Finance Department 6.5 Award of Contract to Architerra Design Group, Inc. for the Design of Construction Documents for Peterson Park Tot Lot for $21,020; Appropriation of $21,020 of Park Development Funds for this Work; Plus the Design of Fourteen (14) Information Panels for the City's Trails for $8,000 for a Total Authorization of $29,020; Amount Includes $2,000 for Reimbursables. MAY 3, 2016 PAGE 3 Recommended Action: Award and Appropriate. Requested by: Community Services Department 6.6 Award of Contract to Western Audio Visual, Inc., for new Projector and Screen at the Diamond Bar Center, in an Amount Not -to -Exceed $55,000 Including Contingency Funds. Recommended Action: Award. Requested by: IS Department 6.7 (a) Adopt Resolution No. 2016 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 38 and Direct the City Clerk to Advertise the Public Hearing to be Set for the June 21, 2016 Regular Meeting. Recommended Action: Adopt (b) Adopt Resolution No. 2016 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 39 and Direct the City Clerk to Advertise the Public Hearing to be Set for the June 21, 2016 Regular Meeting. Recommended Action: Adopt. (c) Adopt Resolution No. 2016 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 41 and Direct the City Clerk to Advertise the Public Hearing to be Set for the June 21, 2016 Regular Meeting. Recommended Action: Adopt Requested by: Public Works Department 6.8 Approve Contract Amendment No. 2 with Hardy & Harper, Inc. for Three (3) Fiscal Years (FY 16-17, FY 17-18 and FY 18-19) for On -Call Public Works Maintenance Services Specific to Asphalt Pavement, Sidewalk, Curb & Gutter and Striping Maintenance. Recommended Action: Approve. Requested by: Public Works Department MAY 3, 2016 PAGE 4 6.9 Adopt Resolution No. 2016 -XX: Accepting a Quitclaim Deed and Irrevocable Offer of Dedication from the Walnut Valley United School District for Public Uses Specific to Larkstone Park and Larkstone Drive. Recommended Action: Adopt. Requested by: Public Works Department 6.10 Adopt Resolution No. 2016 -XX: Approving Final Tract Map No. 53430, for the Subdivision of an 80 Acre Site into 48 Residential Lots, Located Directly South of Rocky Trail Road and Alamo Heights Drive and West of Horizon Lane Within the Gated Community of the Country Estates, in the City of Diamond Bar. Recommended Action: Adopt. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. Agenda No. 6.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 19, 2016 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance. INVOCATION: Pastor Paul Knopf, Northminster Presbyterian Church provided the invocation. ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem Lin and Mayor Lyons. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tye along with the City Council proclaimed April 2016 as DMV Donate Life California Month and presented the Proclamation to Ambassador Allen Jolloy. NEW BUSINESS OF THE MONTH: 1.2 M/Lyons and City Council Members presented a Certificate Plaque to Manager Jen Tang, on behalf of Encore Teppan, 23525 Palomino Drive, as New Business of the Month for April 2016. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that Starbucks opened last week and that Jimmy Johns had a "soft opening" today with the formal opening to take place on Thursday with a national sale on sandwiches throughout the day and that T -Mobile will be opening within a week or two. 3. PUBLIC COMMENTS: M/Lyons announced that the Millennium Diamond Road Partners' item is not on tonight's agenda and that accordingly, no discussion or action would take place on that item this evening. APRIL 19, 2016 PAGE 2 CITY COUNCIL Leticia Pacillas, Community Services Liaison, Los Angeles County Fire Department, gave a brief background on the Hands -Only CPR program and said that about 300 freshmen participated in the training at Diamond Bar High School on April 11. The local stations in Diamond Bar are prepared to teach Hands -Only CPR to any community groups or service clubs that may be interested. The first week of June is the Annual Sidewalk CPR event. Pui-Ching Ho, Diamond Bar Librarian, announced upcoming library events. On April 21 at 4:00 p.m. celebration of the 400th anniversary of William Shakespeare's departure with stories read to children ages 4-11. Saturday, April 30 at 2:00 p.m. there will be a special concert featuring music of Mozart, Beethoven and Schubert sponsored by the Diamond Bar Friends of the Library. On Tuesday, May 3rd at 4:00 p.m. professional opera singers from the LA Opera will present musical moments from the Figaro Opera stories. Check the library's website at www.colapublib.org for additional information and programs. She said she hoped to see everyone at the April 24 Wine Soiree. Dave Reynolds said he was glad to know that West Coast Arborists would continue to provide services to the City with the approval of Item 6.9 on the April 5 agenda. Many trees (urban and indigenous) including Avocado trees and over 300 plant species are at risk of dying from a fungal infection vectored by the Polyphagous Shot Hole Borer Beatle. There is now an insecticide approved for use with proven efficacy to increase chances of protecting trees against infestation of the borer. If the tree is already infected there is an improved fungicide that can be used in hopes of saving the tree. As of now, there is no known natural predator to control the borer but there is an international ongoing effort in hopes of finding one. At this time it is important to spread awareness and get the attention of the federally elected officials regarding the seriousness of this issue and encourage monetary participation/grant assistance. He requested that the City contact Congressman Royce to discuss the seriousness of this issue and the consequences if no action is taken. Mr. Reynolds said that he would forward the results of his research on this matter to CSD/Rose and wanted the community to move forward to build support at the federal level for grants for tree injections. Richard Hopkins and Jim Gardener, East San Gabriel Valley Coalition for the Homeless, spoke about the group's activities and implored the City to review its finances to determine if it can provide assistance in restoring transitional housing. Chia Teng, resident, The Country Estates, again spoke about the Millennium issue and the cutting of more than 800 trees in 2008 which he believes to be illegal. Michelle Yi again spoke about the Millennium project's Tentative Tract Map. Myrna Lorenzo, 709 Bowcreek Drive, said she has lived in Diamond Bar for 27 years and asked that the City consider having its own police station. APRIL 19, 2016 PAGE 3 CITY COUNCIL Cynthia Smith again asked that the City of Diamond Bar consider officially adopting the Los Angeles County Oak Woodland Protection Guide that could be accomplished by interacting with Assistant Chief Jay Lopez. Theresa Lee again spoke about the Millennium project, the developer's financial condition, the clearing of land and destruction of trees. Michael Akers said he was a concerned citizen and wanted the City to take charge of supervising the contractor of the Millennium project so that The Country Estates residents do not have to endure the damage and disruption of their homes. Rai Marwah spoke regarding the February 2, 2008 email between BonTerra Consulting and Fish and Game referred to by Theresa Lee and said he felt that the City Council needed to dig deeper into the issues surrounding the Millennium project and the blatant non-compliance with the rules and regulations. 4. RESPONSE TO PUBLIC COMMENTS: M/Lyons asked CM/DeStefano to respond to the public comments that the City pays for EIR's and other studies for a developer. CM/DeStefano stated that there has been ongoing presentations regarding the Millennium project for a significant period of time. There have been a variety of comments made, misstatements, misleading comments, characterizations that are unfounded and there are some folks that are horribly uninformed about how the project was processed and how any project is processed in this or any other city. By example, an Environmental Impact Report (EIR) is typically and most commonly done in every city in California and processed by the city. Typically a city does NOT have environmental experts who can prepare the litany of studies that are needed to determine the environmental impact of the proposed project. Not only do cities not have those technical staff people, the community deserves an independent analysis — not by any stretch of the imagination a report prepared by the developer. A developer does not have the desire to list all of the trees that are impacted, seek out threatened or endangered species, thoroughly analyze the impacts of the projects such as air quality, road networks, etc. and that is why the City hires an independent consultant with a palate of experts to examine all of those issues and many more. It is for the purpose of clearly identifying what the project impacts to the community are and then what changes to the project may be appropriate in order to eliminate and lessen those impacts and to help with any conditions that might be appropriately placed on the project (move a line, reduce the grading, etc. to save trees). It is also the consultant that prepares the Mitigation Monitoring Program which is a document that comes out of an EIR that basically outlines what needs to be done before, during and after construction takes place. As an example, other projects in this community such as Diamond APRIL 19, 2016 PAGE 4 CITY COUNCIL Hills on Diamond Bar Boulevard, the Vantage Project south of Target and many of the projects speakers live in within The Country Estates, had Environmental Impact Reports that outlined the impacts in a variety of different arenas, indicated what those impacts might be which led to project changes which were incorporated into project approvals, conditions to ensure that certain standards were imposed in order to lessen and/or eliminate impacts and Mitigation Monitoring to examine the project while it is under construction and after construction. Projects in The Country Estates in which some of the speakers reside were environmentally monitored some three to seven years after residents moved in to ensure that the species of plants that were planted to replace those that were removed were properly maturing, were properly irrigated and were properly maintained to meet the Mitigation Monitoring Plan and meet the Conditions of Approval which goes back to the preparation of the EIR. Developers do not have that type of interest in preserving the quality of life for present and future residents of any given city. It is the City's responsibility to take care of itself. Staff provides recommendations and alternatives to the Planning Commission and City Council which ultimately makes the development decisions in a manner that protects the City and its residents. Therefore, it is essential that each bundle of decisions presented to those entities includes all of the details of the project including conditions, studies, EIR, Mitigation Monitoring, etc. and the City Council charges its staff with implementing those decisions properly and faithfully within the law and within the best practices standards for any of those particular disciplines, all of which goes into the project. It is not at all uncommon for cities to manage that entire effort. The community DOES NOT pay for that. As in Diamond Bar and in most communities, the City looks at a project such as the Millennium Project which is 48 homes on 80 acres in an undeveloped area and says it believes that the project will have these impacts based on its expertise and what is known. The City believes that the Environmental Impact Report and all of its technical documents will be required. The City is going to hire a consultant after going through a selection process of qualified consultant teams and the developer pays for that and the developer is also going to pay for the City's administrative overhead charges to manage that entire effort. So, for example, if the EIR costs $100,000 the process of completing that EIR will not take place until the developer has provided the City with the resources to pay for that study. The community should not and does not pay for that study. The community is not asking for the project, the developer is asking for the project and the developer pays those dollars and additional dollars for whatever administrative overhead is deemed necessary to manage that effort. The developer pays all of the costs associated with processing a project — the community does not. Staff would not be engaged in the project unless the developer requested that staff look at the project and the developer sought entitlements and permits to build the product. So, it is not true that City taxpayers are paying for the project. The City receives the dollars from the developer and pays those dollars to the Environmental Consultant, Traffic Consultant and others — independent consultants that are unbiased in their opinions who are significantly experienced in the numerous disciplines required APRIL 19, 2016 PAGE 5 CITY COUNCIL to provide services to cities of all types including cities with hillsides, environmental constraints, areas of concern, flatland, well-developed cities, etc. With respect to Millennium specifically, there continues to be reference to allegations of unlawful acts by City staff related to trees being cut in 2008 and some of the speakers provide information that is without proper context. The Department of the Army, the Los Angeles District Corps of Engineers approved a Clean Water Act Permit in December 2007 for this project and staff can provide any individual with the specific file case number if they choose to request it. The California Regional Water Quality Control Board, Los Angeles Region, approved a Section 401 (their term) Water Quality Certification that has to do with grading and impacts upon streambeds, water that might run through a project in 2007. The California Department of Fish and Game, now called the California Department of Fish and Wildlife approved a Section 1602 Streambed Alteration Agreement (the number of the document is available to anyone requesting the information) in December 2007. Specifically, the 1602 Agreement from the California Department of Fish and Wildlife was necessary and authorizes removal of the vegetation on the project site. It is that document as part of the City's approval a few weeks later that allowed for the site to be grubbed and removal of the trees in January 2008. Whether or not one thinks it was appropriate to remove trees, it was lawful. And this process is often done by a developer on a site that may have trees because the developer is trying to avoid the nesting season for certain species of birds and other animals. Developers will often grade in December/January and attempt to begin and conclude the grading prior to the nesting season because there are certain species whose habitat cannot be disrupted. Some developers choose the lawful legal option to pursue their project on a different path and it is done and probably was done for the projects that some of the speakers reside in today. The Stockpile Permit (2013) that was referenced was lawfully permitted by the City as part of the approval for the Millennium Project in 2006. Part of the approval for the subsequent Horizon Pacific Project off of Alamo Heights a few years later was the anticipated relocation of about 30,000 cubic yards of earth from Horizon Pacific to the Millennium site with a Stockpile Permit in order to be used in the future to create a main road off of Alamo Heights through both projects. Horizon Pacific has moved forward and is building houses. The Millennium Project has not yet started. When it is completed the stockpile goes away, the proper road elevations are created, grading adjacent to it is done and the site becomes a balanced earthwork site. A Stockpile Permit is not as commonly used but is a common tool in development, in this case between two particular developers. And again, it was lawfully permitted by the City. Comments regarding bankruptcies, etc. is quite frankly just "noise." It seems as though New York has pushed forward a Republican candidate who is likely to be the Republican candidate for president who has had at least four bankruptcies in recent years. This is not an issue about one's personal financial status or corporate financial structure or status. This is a "land use" decision. Does the APRIL 19, 2016 PAGE 6 CITY COUNCIL City Council in this context wish to continue the Council's approval from 10 years ago as the developer has implemented the Conditions of Approval that were imposed on the approval 10 years ago? There are a variety of state statutes that narrowly guide the City's discretion and at this juncture with a Tentative Map already approved, an Environmental Impact Report (EIR) already approved — everything being done 10 years ago and the detailed implementation well underway, the Council's discretion in this matter is pretty much nil. Has the developer implemented those conditions precedent to the final recording of the Map and from staff's perspective, staff believes the developer has implemented those conditions precedent to the final recording. But it will be the City Council's decision sometime in May. This is a very black and white issue at this point. The City Council has very little discretion in accordance with State law. Again, the comments the Council is receiving are simply "noise" at this point. Comments have been made regarding City staff promoting the project or helping the developer and out -of -context statements read into the record from some obscure email from 2008 from someone who is not on City staff. Again, the project was approved in 2006. It was the Council's direction at that time to implement the project. Council's approval means that staff moved to implement that project in accordance with Council's directive/land use decision. And as long as the developer meets all of the conditions that the Council has applied to the project, the developer continues to have the right to move forward. Staff continues to abide by the current and past City Council's directives and all of the requirements of State law, City codes, and best practices in various industries (engineering, etc.) for this particular project. Staff will bring to the City Council a project it believes meets all of those professional standards. Regardless of who builds it, it will be the same set of criteria and the same standards. Lennar was not the entity that processed the subdivision across the street from South Point Middle School. Lennar is now the builder there. A different developer processed the project. Brookfield was not the developer that processed the project next to Target — it was Lewis Homes. It is not uncommon for a developer to take a project to Tentative Map and then sell the project, or take a project to the recordation of Final Map and then sell the project. There are people who specialize in that business which is part of the development business. This is not about who the developer is, what their financial status is, whether they are good guys, bad buys or otherwise, it is about a land use decision and whether or not the developer who is asking for that land use approval has met the City Council's conditions. MPT/Lin stated that for the benefit of the audience and the City Council he wanted to clarify that under the California Environmental Quality Act (CEQA) any development proposed with a city, the city must be the leading agency for approval which means that the city will go through a selection process to hire an independent consultant to prepare an Environmental review that is paid for by the developer. APRIL 19, 2016 PAGE 7 CITY COUNCIL CM/DeStefano said that MPT/Lin was absolutely correct in his statement. Many decades ago developers were allowed to provide environmental information for cities to utilize in their decision-making which was obviously an upside down way of looking at projects. So the laws were changed and it is the city's responsibility. There are different ways cities can consider projects but most commonly it is as stated that most cities hire the experts to look at it independently and the developer pays for that service. C/Low said that the documents flashed on the screen tend to lend an air of support as well as authenticity to speakers' statements and she heard CM/DeStefano say that those documents were out -of -context, outdated and not from City staff. CM/DeStefano responded that is what he said and what he meant to say. The project was approved in 2006 and lawfully permitted with a Grubbing Permit in 2008. The project has evolved over time and there have been modifications, revisions, fine-tuning, etc. over the last 10 years and over the course of the last eight years. Revisions to documents that may have occurred in 2013-2014 and 2015 for example, those being put up under the spotlight as "proof' that a permit was NOT properly issued in 2008 is simply not true. Those documents displayed were "revisions/updates" to earlier documents. Grading plans produced in 2008 are not the same grading plans that are seen in 2016. The project has evolved and therefore, those documents that were flashed on the screen are "out -of - context" and they are snip -its of the entire story used to be persuasive which he understands, but looked at within the thousands of pages of documentation regarding this project, one would get the complete picture that this project has been processed in a lawful manner. C/Low said that CM/DeStefano indicated that there were projects within Diamond Bar for which EIR's were requested and development projects were approved and processed. She asked CM/DeStefano if he would say that the Millennium Project was handled in exactly the same way as those other projects the City has processed. CM/DeStefano said he could say that it was processed very similarly. He could not speak to whether it was processed "exactly" the same or not. C/Low said that in terms of the documents required and level of review are projects treated equally. CM/DeStefano responded "yes." And as many know, he has served in the Community Development Department and now as City Manager for many years. One of the first things he found when he began working for Diamond Bar in September 1990 was that the City was not looking appropriately and properly at environmental documentation. One of the first things he changed which affected a couple of the projects that residents speaking this evening now live in, was that the Environmental Impact documentation needed to be completely redone. And APRIL 19, 2016 PAGE 8 CITY COUNCIL both the City and CEQA have evolved beyond that over time. Projects have undertaken pretty much the same course of initial environmental review by the City, environmental consultation purchased by the City and paid for by the developer through the City and the project going through a public review process at Commission and Council levels and the oversight throughout that entire effort from the beginning to the last house being occupied. The process has been pretty much the same over the past 25 years he has been with the City. C/Low said that one of the speakers alluded to the City paying for the EIR's which CM/DeStefano clarified that ultimately the developer pays for the EIR because it is the developer that wants the project and it is the developer that would really like as few conditions as possible. She asked if it would be fair to say that when the City hires an independent consulting firm to prepare the EIR, that the City is actually having someone look at these conditions in a way that would be detrimental to the developer by making them do more work than they would prefer to do and that the beneficiaries of that EIR are actually the residents of the tract, neighborhood and the community. CM/DeStefano agreed that C/Low's statement was spot on. A developer has a different perspective, a different goal. A developer will not be looking for the species that may be known to exist in Diamond Bar like the gnatcatcher (bird). There are a variety of different things that can occur which is the reason for hiring an independent consultant because it is necessary to understand, from an independent perspective, what the environmental conditions are of that site, what will the proposed project do to that site and how can the City best mitigate, eliminate, condition those impacts to such an extent that the applicant's proposal is supportable. City Councils and Planning Commissions to a degree see only the projects that are supportable and do not see the projects that are not supportable because there are such insurmountable environmental issues that cannot be overcome (mitigated). Residents benefit because the City is getting an honest report on what the issues are and it is the community of Diamond Bar that is making those decisions based on those honest and thorough reports and not a slanted report to support a particular developer's needs. Over the years he has irritated quite a few developers while his staff is busy collectively ensuring that all that needs to be done is being done to protect current and future residents who will occupy those homes. M/Lyons asked that staff contact Mrs. Lorenzo and direct her to the proper location. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Earth Day — April 23, 2016 - 9:00 a.m. to 1:00 p.m., AQMD Parking Lot, 21865 Copley Drive. 5.2 Planning Commission Meeting — April 26, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. APRIL 19, 2016 PAGE 9 CITY COUNCIL 5.3 Parks and Recreation Commission Meeting, April 28, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Arbor Day — April 29, 2016 — 9:30 a.m., Pantera Elementary School, 801 Pantera Drive. 5.5 City Council Meeting — May 3, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Tye seconded, to approve the Consent Calendar with MPT/Lin removing Items 6.4 and 6.6 for separate consideration. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES — Regular Meeting of April 5, 2016 — as presented. 6.3 RATIFIED CHECK REGISTER — Dated March 31, 2016 through April 13, 2016 totaling $1,176,416.83. 6.5 AUTHORIZED THE CITY MANAGER TO PURCHASE HEWLETT PACKARD SERVERS FROM CDWG IN THE AMOUNT OF $74,851.80, INCLUDING SALES TAX AND SHIPPING. 6.7 AWARDED CONTRACT TO CONTROL AIR CONDITIONING CORPORATION FOR THE CITY HALL SERVER ROOM HVAC REPLACEMENT PROJECT IN THE AMOUNT NOT -TO -EXCEED $66,840; PLUS A 20% CONTINGENCY OF $13,160 FOR UNEXPECTED CONDITIONS, FOR A TOTAL AUTHORIZATION OF $80,000 FOR FISCAL YEAR 2015-16. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.4 ADOPT RESOLUTION NO. 2016-11: ADOPTING A RESTATED 401 MONEY PURCHASE PLAN ADOPTION AGREEMENT. MPT/Lin asked if the 401 plan could be abolished and the funds moved to the CalPers program since there was only one participant who had retired. CM/DeStefano stated that this matter was only recently brought to staff's attention and there is a very short window (April 30) to resolve the issue APRIL 19, 2016 PAGE 10 CITY COUNCIL under three options: 1) to abolish the plan and the sole participant who left the City's employment almost 20 years ago would need to reinvest the resources elsewhere; 2) extend the plan to allow current employees the opportunity to participate; and 3) to simply rollover the plan with the single retired employee. Because of the time constraints, staff is recommending the third option (rollover). Staff can come back and abolish the plan or expand upon the plan at a later time. Regardless of what is done, other than staff time necessary to do some research and prepare this staff report, there is no cost to the City and there has been no cost to the City during the past 20 plus years since the former employee became a member of this particular investment tool and there is no cost going forward. This is the employee's own resources invested at their option and the International City Management Association is the agent that manages that investment portfolio. 6.6 AWARD OF MAINTENANCE SERVICES CONTRACT WITH DFS FLOORING FOR THE TERM APRIL 19, 2016 THROUGH JUNE 30, 2019 TO PROVIDE FLOOR MAINTENANCE SERVICES AT CITY HALL/LIBRARY, THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT NOT -TO -EXCEED $25,000 EACH FISCAL YEAR. MPT/Lin asked if the current Council could commit to finance future years. CM/DeStefano said that in certain instances it can be done. In this particular instance staff is suggesting that the City enter into a contract for this multiple year time period. With all contracts, there are out -clauses and termination clauses. Staff is not asking that this be funded for the next two or three years, the funding would be requested in each year's budget. In short, the City Council is not committed to a multiple year contract in this instance because there are termination options and non - funding options. The estimated amount of $25,000 is based on past experience with the City facilities. That amount can be changed at each fiscal year if deemed necessary. MPT/Lin moved, C/Herrera seconded to approve Consent Calendar Items 6.4 and 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. APRIL 19, 2016 PAGE 11 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera reported that at a recent Foothill Transit Board Meeting there was discussion of the success of the Class Pass program at Mt. SAC where thousands of students are taking advantage of riding the bus to and from Mt. SAC instead of driving cars and paying costly parking fees and money for fuel. The program is so successful that Citrus College and CalPoly Pomona have now approached Foothill Transit and asked for the same program to be implemented at their schools. Foothill Transit is very pleased about the success of the program that will affect thousands of students around the area. C/Low thanked CSD/Rose and his staff for putting together a fabulous 27th City Birthday Party. It was a perfect day and great to see all of the businesses that participated and supported the event. It was great to see all of the folks with their classic cars and great to see all of the non -profits that supported the community. It was a fun day and there was such a sense of community at the event. Even folks who do not live in Diamond Bar participated and told her they wished they lived in Diamond Bar. The event is a great credit to staff and their teamwork. She pointed out that at almost every Council meeting Librarian Pui-Ching Ho comes to speak and inform the public about all of the events the library is hosting. There are community events for seniors, adults, teenagers, young children and infants. The topics are always interesting, informative and provide financial help and cultural diversity. The library is a great resource and treasure for the community. While the library services are free to the public the library, its resources and events do not come free and residents have an opportunity to support the library by participating in the 23rd Annual Wine Soiree on Sunday at the Diamond Bar Center from 4:00 to 7:00 p.m. Spring is here and snakes are present. Watch your kids and pets and be safe. C/Tye said he was privileged to attend the Smart & Final Grand Opening with M/Lyons and C/Herrera. It was a really grand opening. They do a good job and it is great to have this store in town. For those who have not visited the market it is a must -visit. The City is grateful that they came to town. The 27th Birthday Bash was great. The kids had a lot of fun and there were 50 cars at the car show. A good time had by all. Last Thursday, as the Diamond Bar representative to the Greater Los Angeles County Vector Control District, the Board opposed SB 1246 proposed by Senator Nguyen. When folks leave their local communities they forget what it is that local communities do. The Greater Los Angeles County Vector Control District's purpose is promoting community health, comfort and welfare through effective and responsible vector control and this bill would prevent that from happening. It is a bill that proposes a seven-day warning period before spraying takes place and with places where mosquitos breed things would be out of control after seven days. The Board opposes the bill and he believes the City of Diamond Bar opposes the bill as well and the Board appreciates their support. He hoped to see everyone at the Wine Soiree. The wine is good, the ambience is great, the auction items are terrific and the APRIL 19, 2016 PAGE 12 CITY COUNCIL auctioneer is out -of -this world. Tonight in many years of serving the City Allen Jolloy certainly put things in perspective when he shared the picture of that little girl and shared how many lives he and his wife impacted by their decision to participate gives him goosebumps. It helps deal with the silliness when someone like that comes forward and asks everyone to do what they can with what they have available. MPT/Lin said that in addition to items reported by his colleagues he reported that he and M/Lyons attended the Public Safety Committee meeting last Monday with the Sheriff's and Fire Departments during which he gained a pretty comprehensive understanding of what they do for the City. He is proud to say that although Diamond Bar does not have a police department it has a very good Sheriff's Station which the City very much appreciates. M/Lyons agreed with MPT/tin's comments about the Sheriff's Department. Accolades to CSD/Rose and staff for the City Birthday Party which was spectacular from the kids on the rides to the booths to the older kids helping out and doing community service, the food, the wine garden, the cars and the business expo. It was a very well-done event and a lot of fun. She congratulated FD/Honeywell and her staff for receiving the "Excellence" award from the Government Finance Officers Association for 2014-15 Comprehensive Annual Financial Report. The City Council appreciates the diligence of FD/Honeywell and her staff and how it benefits the City. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:18 pm. Tommye Cribbins, CITY CLERK The foregoing minutes are hereby approved this day of Nancy Lyons, MAYOR 2016. Agenda # 6.3 Meeting Date: May 3, 2016 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mang TITLE: Ratification of Check Register date April 14, 2016 through April 27, 2016 totaling $ 944,587.43 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 944,587.43 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 April 14, 2016 through April 27, 2016 for $ 944,587.43 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 04/14/16 through 04/27/16. 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 April 14, 2016 through April 27, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $918,931.66 Comm Ong Support Fund $700.00 Prop A - Transit Fund $2,507.87 Prop C - Transit Tax Fund $612.23 Intergrated Waste Management Fund $16,263.74 LLAD 38 Fund $1,272.04 LLAD 39 Fund $628.34 LLAD 41 Fund $840.52 Used Motor Oil Blk Grt $1,290.44 Beverage Ctnr Recy Grt $86.09 Capital Imp Projects Fund $945.00 Vehicle Maint/Repl Fund $509.50 $944,587.43 Signed: Dianna Honeywell Finance Director SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00,000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116084 04/14/16 AMBACHRI CHRISTINE AMEA 001 FACILITY REFUND-REAGA 0.00 50.00 10100 116085 04/14/16 TARAZONA ANDREA TARAZON 0014060 TUITION REIMS-FYIS/16 0.00 1,500.00 10100 116086 04/14/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 ENG SVCS -LONG VIEW PK 0.00 472.50 10100 116086 04/14/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 ENG SVCS -STAR DUST PK 0.00 472.50 TOTAL CHECK 0.00 945.00 10100 116087 04/14/16 ARRIAZAS SYLNIA ARRIAZA 1155515 EARTH DAY EQ RENTALS 0.00 683.98 10100 116088 04/14/16 BEARSTAT BEAR STATE AIR CONDITION 0015340 HVAC SVCS -HERITAGE 0.00 155.00 10100 116089 04/14/16 BENESYST BENESYST 0014060 FLEX ADMIN SVCS 0.00 100.00 10100 116090 04/14/16 BONTERRA BONTERRA PSOMAS 001 PROF.SVCS-PL 2015-43 0.00 2,315.00 10100 116090 04/14/16 BONTERRA BONTERRA PSOMAS 001 ADMIN FEE -PL 2015-43 0.00 416.70 10100 116090 04/14/16 BONTERRA BONTERRA PSOMAS 001 ADMIN FEE -PL 2015-43 0.00 -416.70 TOTAL CHECK 0.00 2,315.00 10100 116091 04/14/16 CAC0MMER CALIFORNIA RETROFIT INC 0015340 SUPPLIES-P/WORKS 0.00 431.64 10100 116091 04/14/16 CACOMMER CALIFORNIA RETROFIT INC 0014093 SUPPLIES -CITY HALL 0.00 155.65 TOTAL CHECK 0.00 587.29 10100 116092 04/14/16 CAWATERS CALIFORNIA WATERS LLC 0015333 MAINT SVCS -DBC 0.00 380.00 10100 116093 04/14/16 CHANJENN JENNY CHAN 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 116094 04/14/16 CHENCHER CHERYL CHEN 001 RECREATION REFUND 0.00 79.00 10100 116095 04/14/16 CHIANGWE WENDY CHIANG 001 RECREATION REFUND 0.00 325.00 10100 116096 04/14/16 COG COUNTRY GARDEN CATERERS 0014095 EQ RENTAL -STATE OF CT 0.00 2,964.33 10100 116097 04/14/16 DEPTOFJU DEPARTMENT OF JUSTICE 0014060 PROF.SVCS-H/R 0.00 96.00 10100 116098 04/14/16 DEMAINTE DH MAINTENANCE 0015340 MONTHLY MAINT-APR 0.00 735.17 10100 116098 04/14/16 DEMAINTE DH MAINTENANCE 0014093 MONTHLY MAINT-APR 0.00 6,500.00 10100 116098 04/14/16 DHMAINTE DH MAINTENANCE 0015333 MONTHLY MAINT-APR 0.00 12,250.83 TOTAL CHECK 0.00 19,486.00 10100 116099 04/14/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5204090 CAR WASH -POOL VEH 0.00 203.85 10100 116099 04/14/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205310 CAR WASH -COMM SVCS 0.00 29.98 10100 116099 04/14/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205230 CAR WASH -CODE ENFORCE 0.00 14.99 10100 116099 04/14/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205554 CAR WASH-P/WORKS 0.00 35.00 TOTAL CHECK 0.00 283.82 10100 116100 04/14/16 DBMOBIL DIAMOND BAR MOBIL 5205310 VEH MAINT-COMM SVCS 0.00 49.95 10100 116100 04/14/16 DBMOBIL DIAMOND BAR MOBIL 5205310 VEH MAINT-COMM SVCS 0.00 60.20 10100 116100 04/14/16 DBMOBIL DIAMOND BAR MOBIL 5205310 VEH MAINT-COMM SVCS 0.00 115.53 TOTAL CHECK 0.00 225.68 10100 116101 04/14/16 DIVEPRIN DIVERSIFIED PRINTERS 0014095 PRINT SVCS-DBCONNECT 0.00 3,859.00 1 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116102 04/14/16 DSA DIVISION OF THE STATE AR 001 JAN-MAR SB 1186 FEES 0.00 143.00 10100 116103 04/14/16 ECOFERTI ECOFERT INC 0015340 MAINT SVCS-LORBEER 0.00 290.00 10100 116104 04/14/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MONTHLY LANDSCAPE-APA 0.00 910.00 10100 116105 04/14/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 REPAIR SVCS-DIST 38 0.00 118.84 10100 116105 04/14/16 EXCELLAN EXCEL LANDSCAPE INC 1415541 REPAIR SVCS-DIST 41 D.00 305.44 TOTAL CHECK D.00 424.26 10100 116106 04/14/16 FEDEX FEDEX 0014090 - EXPRESS MAIL-GENERAL 0.00 81.88 10100 116106 04/14/16 FEDEX FEDEX 001 EXPRESS MAIL-PL13-465 0.00 33.43 TOTAL CHECK 1 0.00 115.31 10100 116107 04/14/16 SUSTAINA HULS ENVIRONMENTAL MANAG 1155515 WASTE HAULER SVCS-MAR 0.00 1,402.50 10100 116108 04/14/16 IMPACTSI IMPACT SIGNS 0014411 BANNERS-P/INFO 0.00 130.80 10100 116109 04/14/16 JAMESEVE JAMES EVENT PRODUCTION I 0015350 RIDES-CITY B/DAY 4/16 0.00 24,000.00 10100 116110 04/14/16 KANGPOKT PON TONG RANG 001 RECREATION REFUND O.OD 80.00 10100 116111 04/14/16 KASTDIEU DIEUWERTJE EAST 1155515 EARTH DAY ACTIVI'T'IES O.OD 500.00 10100 116112 04/14/16 LACDHS LA COUNTY DEPT OF HEALTH 0015340 PROF.SVCS-TESTING 0.00 62.00 10100 116113 04/14/16 LEEJULIA JULIA LEE 001 RECREATION REFUND 0.00 104.00 ID100 116114 04/14/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE-PR 15-2255 0.00 537.64 1D100 116114 04/14/16 LEIGHTON LEIGHTON & ASSOCIATES, 1001 PROF SVCS-PR 14-3581 0.00 277.50 10100 116114 04/14/16 LEIGHTON LEIG14TON & ASSOCIATES, I 001 ADMIN FEE-PR 14-3581 O.OD 49.95 10100 116114 04/14/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE-PR 14-3581 0.00 -49.95 10100 116114 04/14/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE-PR 15-2255 0.00 -537.64 10100 116114 04/14/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF SVCS-PR15-2255 0.00 2,986.90 TOTAL CHECK 0.00 3,264.40 10100 116115 04/14/16 LINHSING HSING LIANG LIN 001 RECREATION REFUND 0.00 160.00 10100 116116 04/14/16 LINJIMMY JIMMY LIN 0014010 REIMB-DC MTG 0.00 526.83 10100 116117 04/14/16 LINGADMA MARIA LINGAD 001 RECREATION REFUND 0.00 101.00 10100 116118 04/14/16 LOOMIS LOOMIS 0014090 COURIER SVCS-MAR 16 0.00 935.36 10100 116119 04/14/16 MILLMICH MICHAEL MILLER 001 FACILITY REFUND-PNTRA 0.00 100.00 1D100 116120 04/14/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 COMPRESSED GAS/HELIUM 0.00 664.04 1D100 116120 04/14/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 CYLINDER ARGON O.OD 8.00 10100 116120 04/14/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 HELIUM 0.00 12.00 TOTAL CHECK 0.00 684.04 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- SALES TAX AMOUNT 10100 116121 04/14/16 MORALRSV VANESSA MORALES 001 FACILITY REFUND-S/CYN 0.00 20.00 10100 116121 04/14/16 MORALESV VANESSA MORALES 001 FACILITY REFUND-S/CYN 0.00 50.00 TOTAL CHECK 0.00 70.00 10100 116122 04/14/16 MURILLOC CYNTHIA MURILLO 001 RECREATION REFUND 0.00 99.00 10100 116123 04/14/16 DEAD HEAD LLC 0014095 MAINT SVCS -CITY APP 0.00 237.00 10100 116124 04/14/16 PSI PROTECTION ONE INC 0015333 ALARM SVCS -DBC 0.00 43.54 10100 116124 04/14/16 PSI PROTECTION ONE INC 0015340 ALARM SVCS -HERITAGE 0.00 148.38 TOTAL CHECK 0.00 191.92 10100 116125 04/14/16 PYROCOMM PYRO COMM SYSTEMS INC 0014093 FIRE ALARM MONITORING 0.00 135.00 10100 116126 04/14/16 RPLAURAI R P LAURAIN & ASSOCIATES 0014030 APPRAISAL RPT-C/CREEK 0.00 4,800.00 10100 116127 04/14/16 ROSSCREA ROSS CREATIONS 0015350 SOUND SYS -CITY B/DAY 0.00 1,400.00 10100 116128 04/14/16 SGVCG SG VALLEY COUNCIL OF GOV 0015551 TAC MTG-LIU/YOUNG 0.00 20.00 10100 116129 04/14/16 SILESKYS SHAWNA SILESKY 001 RECREATION REFUND 0.00 580.00 10100 116130 04/14/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 DESIGN SVCS-DBCONN 0.00 1,765.00 10100 116131 04/14/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-T/CONTROL 0.00 51.96 10100 116132 04/14/16 TRINHTAW TAWNI TRINE 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 116133 04/14/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -DEC 0.00 487.20 10100 116133 04/14/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RENTAL -JAN -M 0.00 7,917.00 TOTAL CHECK 0.00 8,404.20 10100 116134 04/14/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 24.33 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 13-1779 0.00 -504.00 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-2470 0.00 -72.00 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 14-2470 0.00 7200. 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL '001 ADMIN FEE -PR 13-1779 0.00 504.00 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 14-2470 0.00 400.00 10100 116135 04/14/16 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 13-1779 0.00 2,800.00 TOTAL CHECK 0.00 3,200.00 10100 116136 04/14/16 WUCHRIST CHRISTINE WU 001 RECREATION REFUND 0.00 107.00 10100 116139 04/20/16 AARBFCHA AARBF CHARITY GOLF TOURN 0114010 CHARITY GOLF TRNMNT 0.00 200.00 10100 116140 04/20/16 AARP AARP 0015350 AARP MATURE. DRIVING 0.00 45.00 10100 116141 04/20/16 APWA AMERICAN PUBLIC WORKS AS 0015551 MEMBERSHIP DUES -YOUNG 0.00 230.00 10100 116142 04/20/16 ARRIAZAS SYLNIA ARRIAZA 1155515 SO RENTAL -HELIUM TANK 0.00 190.75 3 SUNGARI) PENTAMATION INC PAGE NUMBER: 4 DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tiansact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ---DESCRIPTION---- SALES TAX AMOUNT 10100 116143 04/20/16 CENTERIC ARTESIA ICE SKATING TRAI 0015350 CONTRACT CLASS -SPRING 0.00 132.00 10100 116144 04/20/16 BAIGMRYN MRYNA BAIL 001 FACILITY REFUND -DHC 0.00 100.00 10100 116145 04/20/16 BESTLTG BEST LIGHTING PRODUCTS 0014093 SUPPLIES -CITY HALL 0.00 975.76 10100 116146 04/20/16 BINZROBE ROBERT BINZ 001 RECREATION REFUND 0.00 38.00 10100 116147 04/20/16 BREAUXKA KATHY BREAUX 0015350 CONTRACT CLASS -SPRING 0.00 129.00 10100 116148 04/20/16 CALOES CALIFORNIA GOVERNOR'S OF 0014090 REIMB-2010 FEMA 0.00 1,609.91 10100 116149 04/20/16 CHOIALEL ALELI CI40I 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 116150 04/20/16 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 SUPPLIES -TINY TOTS 0.00 143.80 10100 116151 04/20/16 CPRSCPSI CPRS CPSI 0015310 CPRS TRNG-J WILLIAMS 0.00 300.00 10100 116151 04/20/16 CPRSCPSI CPRS CPSI 0015310 CPRS TRNG-J WILLIAMS 0.00 218.00 10100 116151 04/20/16 CPRSCPSI CPRS CPSI 0015310 CPRS TRNG-J WILLIAMS 0.00 57.00 TOTAL CHECK 0.00 575.00 10100 116152 04/20/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-LEMON AVE 0.00 1,123.50 10100 116153 04/20/16 DENNISCA CAROL A DENNIS 0014030 PROF -SVCS -CC MTC 0.00 125.00 10100 116154 04/20/16 DIRECTCO DIRECT CONNECTION INCORP 0014411 PRINT SVCS -POSTCARDS 0.00 1,958.93 10100 116155 04/20/16 ECLECTIC ECLECTIC PRINTING 0015350 SUPPLIES -YOUTH B/HALL 0.00 256.80 10100 116156 04/20/16 PROFOR14A ELEMENT 7, LLC 1155515 SUPPLIES -TOTES 0.00 202.90 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-242 0.00 189.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-101 0.00 327.60 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 PROF.SVCS-PL 15-370 0.00 330.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 PROF.SVCS-PL 15-405 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 PROF.SVCS-PL 15-101 - 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-242 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-395 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-370 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 14-473 0.00 350.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-101 0.00 140.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-317 0.00 181.80 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-317 0.00 64.35 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-101 0.00 82.50 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF.SVCS-PL 15-317 0.00 357.50 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-101 0.00 -327.60 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-242 0.00 -189.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-317 0.00 -181.80 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-317 0.00 -64.35 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 14-473 0.00 -63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-405 0.00 -63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-101 0.00 -63.00 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact..ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 101D0 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-242 0.00 -63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-395 0.00 -63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-370 0.00 -63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-370 0.00 -59.40 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-101 0.00 -25.20 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-101 0.00 -14.85 10100 116157 04/2.0/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-405 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-101 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-242 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 PROF -SVCS -PL 15-101 0.00 1,820.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 PROF.SVCS-PL 15-317 0.00 1,010.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 PROF.SVCS-PL 15-242 0.00 1,050.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-370 0.00 59.40 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-395 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-370 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 14-473 0.00 63.00 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPINO 001 ADMIN FEE -PL 15-101 0.00 14.85 10100 116157 04/20/16 ESPINOJO JOSUE PABLO ESPING 001 ADMIN FEE -PL 15-101 0.00 25.20 TOTAL CHECK O.DD 6,890.00 10100 116158 04/20/16 EXTERMIN EXTERMINETICS OF SO CAL 0015340 PEST CONTROL -PETERSON 0.00 50.00 10100 116159 04/20/16 FCMANUNI FC MAN UNITED 001 FACILITY REFUND -DBC 0.00 90.00 10100 116160 04/20/16 FEDEX FEDEX 0014090 EXPRESS MAIL -GENERAL 0.00 107.49 10100 116160 04/20/16 FEDEX FEDEX 001 EXPRESS MAIL-PLIS-48 0.00 33.43 TOTAL CHECK 0.00 14D.92 10100 116161 04/20/16 FEHRPEER FEHR & PEERS 0015551 ENG SVCS -SR 57/60 0.00 3,831.98 10100 116162 04/20/16 FRANCHIS FRANCHISE TAX BOARD DOI MISC PAYABLE-SCUDDER 0.00 79.60 10100 116163 04/20/16 GALARZAG GENEVIE GALARZA 001 FACILITY REFUND-HRTG O.OD 200.00 10100 116164 04/20/16 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI REMOVAL SVCS 0.00 2,912.00 10100 116165 04/20/16 HERNANGE GEORGE HERNANDEZ 001 FACILITY REFUND -DBC 0.00 500.00 10100 116166 04/20/16 HIWAYSAF HI WAY SAFETY INC 0015554 SUPPLIES -RD MAINT 0.00 185.00 10100 116167 04/20/16 IMPACTAB IMPACT ABSORBENTS INC 0015554 SUPPLIES -RD MAINT 0.00 398.97 10100 116168 04/20/16 JOHNSONK KEITH JOHNSON 0015350 D.S. SVCS -SR PROG O.DO 350.00 10100 116169 04/20/16 LANCESOL LANCE, SOLD & LUNGHARD L 0014050 AUDIT SVCS -YEAREND 0.00 12,992.00 10100 116170 04/20/16 LIEBERTC LIEBERT CASSIDY WHITMORE 0014020 LEGAL SVCS-H/R 0.00 413.50 1D100 116171 04/20/16 LIVINGIN LIVING INDEPENDENTLY FOR 001 FACILITY REFUND -DBC 0.00 300.00 10100 116172 04/20/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL -FEB 16 0.00 8,166.46 10100 116172 04/20/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR PROG-FEB 16 D.00 8,173.33 5 SUNGARD PENTAMATION INC DATE: 04/27/2016 CITY OF DIAMOND BAR TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 PAGE NUMBER: 6 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND CONTRACT SVCS -FEB 16 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116172 04/20/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 116172 04/20/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TOTAL CHECK 540.55 RECYCLING SVCS 10100 116173 04/20/16 POSTNET LW POSTNET INC 1155515 10100 116174 04/20/16 MATINHIB HIBBAT MATIN 001 10100 116175 04/20/16 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 10100 116175 04/20/16 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 TOTAL CHECK 133.17 CONTRACT CLASS -SPRING 10100 116176 04/20/16 MTCALVAR MT CALVARY LUTHERAN CHUR 0015350 10100 116177 04/20/16 LYONSNAN NANCY LYONS 0014090 10100 116178 04/20/16 NORTHERN NORTHERN SAFETY CO 0015554 10100 116179 04/20/16 OWENSSAL SALLY A OWENS 0015350 10100 116180 04/20/16 PATELKET KETAL PATEL 001 10100 116180 04/20/16 PATELKET KETAL PATEL 001 TOTAL CHECK FACILITY REFUND -DBC 0.00 10100 116181 04/20/16 PEREMARY MARY PEREZ 001 10100 116182 04/20/16 PTMDOCUM PTM DOCUMENT SYSTEMS 0014090 10100 116183 04/20/16 RFDICKSO R F DICKSON COMPANY INC 0015554 10100 116184 04/20/16 RAMIMUKE MUKESH RAMI 001 10100 116185 04/20/16 ROSALEST 'PONY ROSALES 001 10100 116186 04/20/16 SAFEWAYS SAFEWAY SIGN COMPANY 0015554 10100 116187 04/20/16 SALDSHAE SHAE SALDANA 001 10100 116188 04/20/16 SASAKITR SASAKI TRANSPORTATION SV 0015210 10100 116189 04/20/16 SHERWINW SHERWIN WILLIAMS 0015333 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116190 04/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 PAGE NUMBER: 6 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT CONTRACT SVCS -FEB 16 0.00 466,228.86 ST SWEEPER SVCS -FEB 1 0.00 699.61 0.00 483,268.26 EARTH DAY SIGNAGE 0.00 55.41 FACILITY REFUND -DBC 0.00 540.55 RECYCLING SVCS 0.00 266.62 RECYCLING SVCS 0.00 1,273.22 0.00 1,539.84 FACILITY RN'TL-DEC-MAR 0.00 10,300.00 REIMB-LEGIS 57/60 WSH 0.00 1,571.75 SUPPLIES -RD MAINT 0.00 133.17 CONTRACT CLASS -SPRING 0.00 103.20 FACILITY CHRGS-DBC 0.00 -430.00 FACILITY REFUND -DBC 0.00 1,000.00 0.00 570.00 FACILITY REFUND -DBC 0.00 100.00 PRINT SVCS -FIN 0.00 59.18 STREET SWEEPING SVCS 0.00 8,654.10 FACILITY REFUND -DBC 0.00 500.00 FACILITY REFUND -DBC 0.00 500.00 TRAFFIC SIGNS -RD MAIN 0.00 3,635.34 FACILITY REFUND -DBC 0.00 350.00 ENG SVCS -ENV IMPCT RP 0.00 600.00 SUPPLIES -DBC 0.00 27.13 ELECT SVCS-T/CONTROL 0.00 50.04 ELECT SVCS-T/CONTROL 0.00 63.23 ELECT SVCS-T/CONTROL 0.00 2,281.39 ELECT SVCS-T/CONTROL 0.00 783.16 ELECT SVCS-T/CONTROL 0.00 501.45 ELECT SVCS-T/CONTROL 0.00 353.09 ELECT SVCS-T/CONTROL 0.00 307.17 ELECT SVCS-T/CONTROL 0.00 207.59 ELECT SVCS-T/CONTROL 0.00 134.09 ELECT SVCS-T/CONTROL 0.00 162.91 SUNGARD PENTAMATION INC - PAGE NUMBER: 7 DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116190 D4/20/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 181.11 TOTAL CHECK O.OD 5,025.23 10100 116191 04/20/16 SPARKLET SPARKLETTS 0015340 WATER SUPPLIES-S/CYN 0.00 22.47 1O1DO 116191 04/20/16 SPARKLET SPARKLETTS 0015340 ENERGY SURCHARGE 0.00 1.90 10100 116191 04/20/16 SPARKLET SPARKLETTS 0015340 EQ RENTAL-S/CYN PK 0.00 12.00 TOTAL CHECK 0.00 36.37 10100 116192 04/20/16 STANDARD STANDARD INSURANCE COMPA 001 MAY 16 -LIFE INS PREM 0.00 1,003.68 10100 116192 04/20/16 STANDARD STANDARD INSURANCE COMPA 001 MAY 16-STD/LTG 0.00 2,082.08 10100 116192 04/20/16 STANDARD STANDARD INSURANCE COMPA 001 MAY 16-SUPP LIFE INS 0.00 525.00 TOTAL CHECK 0.00 3,610.76 10100 116193 04/20/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS -CITY B/DAY 0.00 297.50 10100 116193 04/20/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS -EASTER E/H 0.00 664.90 10100 116193 04/20/16 THESAUCE THE SAUCE CREATIVE SERVI 0015340 PRINT SVCS -CITY B/DAY 0.00 1,140.00 10100 116193 04/20/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS -CITY B/DAY 0.00 1,220.80 10100 116193 04/20/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS -CONCERTS 0.00 1,676.25 TOTAL CHECK 0.00 4,999.45 ID100 116194 D4/20/16 THESTANE THE STANLEY LOUIS COMPAN 0014093 ANNE BOILER MAINT 0.00 404.16 iD100 116195 04/20/16 TAITDAVI THE TAIT GROUP INC 0015551 PROF.SVCS-FEB 2016 0.00 3,500.00 10100 116195 D4/20/16 TAITDAVI THE TAIT GROUP INC 0015551 PROF.SVCS-MAA 2016 0.00 3,507.71 TOTAL CHECK 0.00 7,007.71 10100 116196 04/20/16 THOMSONW THOMSON WEST 0014030 PUBLICATIONS-C/CLERK 0.00 189.69 10100 116197 04/20/16 TISCAREN TISCARENO'S CATERING 0015350 MOTOWN SR DANCE DNNR O.OD 2,064.96 10100 116198 04/20/16 TNTPRINT TNT PRINTING 0015350 PRINT SVCS -FLYERS 0.00 375.71 10100 116199 04/20/16 HASLERIN TOTAL FUNDS BY HASLER OD14090 REPLENISH POSTAGE MTR 0.00 51010.00 10100 116200 04/20/16 TRENCHPL TRENCH PLATE RENTAL CO 0015554 EQ RENTAL -RD MAINT 0.00 107.50 10100 116200 04/20/16 TRENCHPL TRENCH PLATE RENTAL CO 0015554 EQ RENTAL -RD MAINT 0.00 88.50 TOTAL CHECK 0.00 196.00 1D100 116201 04/20/16 VALLEYTR VALLEY TROPHY 0015350 SUPPLIES -TROPHIES 0.00 2,084.63 10100 116202 04/20/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/22/16 -LOAN DEDUCTIO 0.00 3,629.67 10100 116202 04/20/16 VANTAGEP VANTAGEPOINT TRNSFR AUNT 001 4/22/16-P/R DEDUCTION 0.00 5,667.74 TOTAL CHECK 0.00 9,297.41 10100 116203 04/20/16 VILLARRE MICHAEL VILLARREAL 001 FACILITY REFUND -DBC 0.00 900.00 10100 116204 04/20/16 WALLACEN NELLIE WALLACE 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 116205 04/20/16 WVEF WALNUT VALLEY EDUCATIONA 0114010 TRIBUTE PROG AD -4/21 0.00 500.00 10100 116206 04/20/16 WANGMERR MERRY WANG 001 FACILITY REFUND -DBC 0.00 550.00 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTFA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 116207 04/20/16 WEIJASON JASON WEI 10100 116208 04/20/16 ZEENIINC ZEENI INC 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 101.00 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER 10100 09 -PP 16 04/20/16 PAYROLL PAYROLL TRANSFER TOTAL CHECK 10100 PP OB -09 04/20/16 PERSHEAL PEAS HEALTH 10100 PP 08-09 04/20/16 PERSHEAL PERS HEALTH 10100 PP 08-09 04/20/16 PERSHEAL PERS HEALTH TOTAL CHECK 10100 PP 09/16 04/20/16 PERSRETI PERS RETIREMENT 10100 PP 09/16 04/20/16 PERSRETI PERS RETIREMENT 10100 PP 09/16 04/20/16 PERSRETI PERS RETIREMENT TOTAL CHECK 10100 PP 09-16 04/20/16 PERSRETI PEAS RETIREMENT FUND 10100 PP 09-16 04/20/16 PERSRETI PEAS RETIREMENT FUND 10100 PP 09-16 04/20/16 PERSRETI PERS RETIREMENT FUND TOTAL CHECK TOTAL CASH ACCOUNT - TOTAL FUND FUND/DIVISION -----DESCRIPTION------ SALES TAX 001 RECREATION REFUND 0.00 0015350 SUPPLIES -YOUTH SOCCER 0.00 001 P/R TRANSFER-09/PP 16 0.00 112 P/R TRANSFER-09/PP 16 0.00 113 P/R TRANSFER-09/PP 16 0.00 115 P/R TRANSFER-09/PP 16 0.00 138 P/R TRANSFER-09/PP 16 0.00 139 P/R TRANSFER-09/PP 16 0.00 141 P/R TRANSFER-09/PP 16 0.00 0.00 001 MAY 16 -HEALTH INS PREM 0.00 0014090 MAY 16 -RETIREE HEALTH 0.00 0014060 MAY 16 -HEALTH ADMIN FE 0.00 0.00 001 RETIRE CONTRIB-PEPRA 0.00 001 RETIRE CONTRIH-EE 0.00 001 SURVIVOR BENEFIT 0.00 0.00 001 RETIRE CONTRIB-PEPRA 0.00 001 SECURE CONTRIB-EE 0.00 001 SURVIVOR BENEFIT 0.00 0.00 0.00 0.00 AMOUNT 160.00 1,710.86 171,816.19 2,507.87 612.23 11,688.36 1,101.24 628.34 535.08 188,889.31 42,056.02 625.00 144.36 42,825.38 186.32 223.84 8.00 418.16 230.82 27,194.58 47.43 27,472.83 943,210.90 943.210.90 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 04/27/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 160 - USED MOTOR OIL BLK GRT 82.50 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- 10100 116137 04/14/16 SUSTAINA HOLE ENVIRONMENTAL MANAG 1605516 PH CONT -GRANT BUDGET 10100 116209 04/20/16 ADAPTCON ADAPT CONSULTING INC 1605516 USED OIL FUNNELS 10100 116210 04/20/16 POSTNET LW POSTNET INC 1605516 POSTCARDS -RECYCLING TOTAL CASH ACCOUNT TOTAL FUND SALES TAX AMOUNT 0.00 82.50 0.00 993.01 0.00 214.93 0.00 1.,290.44 0.00 1,290.44 SUNGARD PENTAMATION INC DATE: 04/27/2016 CITY OF DIAMOND BAR TIME: 14:58:29 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160414 00:00:00.000' and '20160427 00:00:00.000' ACCOUNTING PERIOD: 10/16 FUND - 161 - BEVERAGE CTNR RECY GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 116138 04/14/16 ULINEINC ULINE INC TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT PAGE NUMBER: 10 ACCTPA21 FUND/DIVISION -----DESCRIPTION----- SALES TAX AMOUNT 1615516 BEV RECYCLING CNTNRS 0.00 86.09 0.00 86.09 0.00 86.09 0.00 944,587.43 Agenda # 6.4 Meeting Date: May. 3, 2016 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana & TITLE: Treasurer's Statement — March 201 RECOMMENDATION: Approve the March 2016 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: 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: aa� L - Dianna Honeywell, Financeector Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF MARCH 31. 2016 BEGINNING CASH BALANCE ($811,637.98) $30,447,387.73 CASH RECEIVED Change Fund $1,400.00 Cash Receipts $1,502,025.32 Parking Account Minimum Total Cash Received Cash With Fiscal Agent $1,502,025.32 Amount Unamortized on Investments ($11,946.98) $31,949,413.05 EXPENDITURES Investment Funds: Checks Written ($2,497,009.50) Local Agency Investment Fund Payroll & Pers Transfers (530,460.21) $506,882.81 Wire Transfers 0.00 Bank Negotiable CDs Returned Checks 0.00 $1,644,451.24 Charge Card Fees & Other Adjustments (2,423.34) Total Investment Funds Total Expenditures ($3,029,893.05) CASH BALANCE AS OF: MARCH 31, 2016 $28,919,520.00 TOTAL CASH BREAKDOWN Active Funds General Account ($811,637.98) Payroll Account $52,415.82 Change Fund $1,400.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $0.92 Amount Unamortized on Investments ($11,946.98) Total Active Funds ($769,018.22) Investment Funds: Federal Credit Union $248,000.00 Local Agency Investment Fund $4,022,383.68 Corporate Notes $506,882.81 Federal Agency Callable $11,785,917.39 Bank Negotiable CDs $9,625,695.54 Municipal Bonds $1,644,451.24 Wells Fargo Advantage Money Market Fund $1,855,207.56 Total Investment Funds $29,688,538.22 CASH BALANCE AS OF: MARCH 31, 2016 $28,919,520.00 Average Yield to Maturity 1.232% FY2015-16 Year -To -Date Interest Earnings $264,842.05 FY2015-16 Budgeted Annual Interest Earnings $332,800.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of March 31. 2016 V"-p I certify that this report accurately reflects all City pooled investments J es DeStefa o 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. 4/27/2016 Date Page 1 PERCENT OF DAYS TO YIELD TO INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY MATURITY Federal Credit Union CD $248,000.00 0.84% 1,827 1,761 2.050 Local Agency Investment Fund $4,022,383.68 13.55% 1 1 0.506 Corporate Notes $506,882.81 1.71% 1820 1789 1.954 Federal Agency Issues - Callable $11,785,917.39 39.70% 1,452 428 1.257 Negotiable CD's - Banks $9,625,695.54 32.42% 1,633 1,078 1.500 Municipal Bonds - $1,644,451.24 5.54% 1,547 1,372 2.290 Wells Fargo Sweep Account $1,855,207.56 6.25% 1 1 0.010 Total Investments and Averages $29,688,538.22 100.00% 1,238 641 1.232 MONTH ENDING FISCAL YEAR-TO-DATE March 31, 2016 2015-16 TOTAL INTEREST EARNED $42,592.56 $264,842.05 V"-p I certify that this report accurately reflects all City pooled investments J es DeStefa o 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. 4/27/2016 Date Page 1 City of Diamond Bar Portfolio Management Portfolio Summary March 31, 2016 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Par Market Book %of Days to YTMIC Investments Value Value Value Portfolio Term Maturity Federal Credit Union CD Local Agency Investment Funds Corporate Notes Federal Agency Callable Negotiable CD Municipal Bonds Wells Fargo Sweep Account Investments 248,000.00 4,022,383.68 500,000.00 11,795 000.00 9,626,000.00 1,630,000.00 1,855,207.56 248,000.00 4,019,113.33 509,411.50 11,795,347.57 9,725,031 50 1,669,100.80 1,855,207.56 29,676,591.24 29,822,212.26 Total Earnings March 31 Month Ending Current Year 42,592.56 Average Daily Balance 31,199,449.10 Effective Rate of Return 1.61% 1,820 11,785,917.39 39.70 ian1Ta Honeywell, Finance Director Fiscal Year To Date_ 264,842.05 30,728,337.20. 1.14% 248,000.00 0.84 1,827 4,022,383.68 13.55 1 506,882.81 1.71 1,820 11,785,917.39 39.70 1,452 9,625,695.54 32.42 1,633 1,644,451.24 5.54 1,547 1,855,207.56 6.25 1 29,688,538.22 100.00% 1,238 1,761 1 1,789 428 1,078 1,372 1 641 2.050 0.506 1.954 1.257 1.500 2.290 0.010 1.232 Reporting period 03101/2016-0313112016 Portfolio POOL AP Run [)ate: 0426/2016 -1338 PM (PRF PMI) 7.3.0 Report Ver. 73.31, City of Diamond Bar Portfolio Management Portfolio Details - Investments March 31, 2016 Page 1 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Federal Credit Union CD - CFCU2099 10144 Citadel Federal Credit Union 01/26/2016 248,000.00 248,000.00 248,000.00 2.050 1,827 1,761 2.050 01/26/2021 Subtotal and Average 248,000.00 248,000.00 248,000.00 248,000.00 1,827 -1,761 2.050 Local Agency Investment Funds LAIF Corporate Notes 037833BSB 10028 Local Agency Investment Fund Subtotal and Average 4,451,415.94 10148 Apple Inc Subtotal and Average Federal Agency Callable 3133EC7A6 10043 3133EC784 10044 3133ECMZ4 10051 3133ECNY6 10056 3133ECP40 10060 3133EFFC6 10129 313382Y98 10057 3133834Y4 10059 313381(382 10118 313OA5X61 10122 313OA2MW3 10132 313OA6XG7 10137 3130A6WL7 10138 3130A6JJ7 10139 313OA72E4 10140 313OA7CV5 10149 3134G3S50 10040 3134G7JQ5 10121 3134G33E8 10124 3134G7S77 10133 3134G45V6 - 10143 3136GOR37 10127 3136GO2H3 10128 Run Date: 04/26/2016-13:38 506,937.63 4,022,383.68 4,022,383.68 03/01/2016 500,000.00 4,019,113.33 4,022,383.68 0.506 4,019,113.33 509,411.50 500,000.00 509,411.50 4,022,383.68 1 0.506 1 0.506 506,882.81 2.250 1,820 1,789 1.954 02/23/2021 506,882.81 1,820 1,789 1.954 Federal Farm Credit Bank 12/12/2012 1,000,000.00 999,305.00 999,660.56 0,820 1,826 620 0.840 12/12/2017 Federal Farm Credit Bank 12/13/2012 500,000.00 499,145.50 499,915.00 0.840 1,826 621 0.850 12/13/2017 Federal Farm Credit Bank 05/01/2013 500,000.00 499,427.00 500,000.00 0.690 1,461 395 0.690 05/01/2017 Federal Farm Credit Bank 05/08/2013 500,000.00 500,041.50 499,894.86 0.950 1,826 767 0.960 05/08/2018 Federal Farm Credit Bank 05/09/2013 500,000.00 498,712.00 499,792.71 0.640 1,461 403 0.678 05/09/2917 Federal Farm Credit Bank 09/30/2015 500,000.00 500,008.50 500,000.00 1.530 1,461 1,277 1,530 09/30/2019 Federal Home Loan Bank 05/16/2013 500,000,00 498,456.50 500,000.00 1.000 1,826 775 1.000 05/16/2018 Federal Home Loan Bank 05/29/2013 500,000.00 500,008.50 500,000.00 1.040 1,826 788 1.040 05/29/2018 Federal Home Loan Bank 07/13/2015 250,000,00 250,002.00 247,694.55 1.385 1,620 1,357 1.643 12/19/2019 Federal Home Loan Bank 07/29/2015 500,000.00 501,295.50 500,000.00 1.125 1,827 119 2.026 07/29/2020 Federal Home Loan Bank 10/09/2015 500,000.00 501,638.00 502,582.05 1.250 1,399 313 1.895 08/08/2019 Federal Home Loan Bank 12/28/2015 500,000.00 500,904.50 500,000.00 0.750 366 271 0.750 12/28/2016 Federal Home Loan Bank 12/29/2015 500,000.00 500,318.00 _ 500,000.00 1.300 913 89 1.300 06/29/2018 Federal Home Loan Bank 01/06/2016 500,000.00 500,005.50 498,155.91 0.810 652 18 1.051 10/19/2017 Federal Home Loan Bank 01/11/2016 500,000.00 500,252.50 499,968.40 0.500 171 90 0.526 06/30/2016 Federal Home Loan Bank 03/01/2016 500,000.00 500,199,50 499,410.07 1.375 1,815 1,784 1.400 02/18/2021 Federal Home Loan Mtg Corp 10/26/2012 500,000.00 500,171.50 499,963.67 0.625 1,467 214 0.638 11/01/2016 Federal Home Loan Mtg Corp 07/29/2015 500,000.00 500,350.50 500,000.00 1.000 1,461 28 1.000 07/29/2019 Federal Home Loan Mt9 Corp 09/02/2015 500,000.00 500,013.00 497,399.87 1.500 1,591 9 2.211 01/10/2020 Federal Home Loan Mtg Corp 10/29/2015 500,000.00 500,043.00 500,000.00 1.125 1,827 28 2.015 10/29/2020 Federal Home Loan Mtg Corp 01/21/2016 500,000.00 499,979.50 499,528.71 1.250 1,236 70 1.280 06/10/2019 Federal National Mtg Assn 09/24/2015 245,000.00 245,013.97 243,921.84 1.500 1,583. 23 2107 01/24/2020 Federal National Mtg Assn 09/24/2015 300,000.00 300,026.10 299,229.16 1.350 1,321 36 1.838 05/07/2019 Portfolio POOL AP PM (PRF_PM2) T3 0 Report V, 7.3.31, City of Diamond Bar Portfolio Management Paget Portfolio Details - Investments' March 31, 2016 CUSIP Average Investment# Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate Daysto Term Maturity YTM/C Maturity Date Federal Agency Callable _ 3135GOSYO 10141 Federal National Mtg Assn 01/20/2016 500,000.00 500,030.00 498,800.03 1.600 1,800 84 2.187 12/24/2020 Subtotal and Average 12,746,451.58 11,795,000.00 11,795,347.57 11,785,917.39 1,452 428 1.267 Negotiable CD 02006LNF6 10108 Ally Bank UT- 01/29/2015 248,000.00 - 248,668.11 248,000.00 1.250 1,096 658 1.045 01/29/2018 020080AV9 10130 ALMA Bank Astoria NY 10/01/2015 249,000.00 253,164.28 249,000.00 1.700 1,460 1,277 1.701 09/30/2019 02587DMV7 10052 American Express Centurion Bk 05/02/2013 248,000.00 249,183.46 248,000.00 1.100 1,826 761 1.101 05/02/2018 02587CAWO 10098 American Express Centurion Bk 08/21/2014 248,000.00 252,990.26 248,000.00 2.100 1,826 1,237 2.101 08/21/2019 0674DKHB6 10091 Barclays Bank 07/02/2014 248,000.00 252,093.74 248,000.00 2.050 1,826 1,187 2.051 07/02/2019 05568P7A9 10081 BMW Bank 04/25/2014 248,000.00 252,217.74 248,000.00 1.900 1,826 1,119 1.901 04/25/2019 14042OPCB 10100 Capital One Bank 09/17/2014 248,000.00 249,833.71 248,000.00 1.550 1,461 899 1.551 09/17/2018 14042E4P2 10120 Capital One Bank 07/15/2015 248,000.00 252,482.85 248,000.00 2.300 1,827 1,566 2.303 07/15/2020 20033ALQ7 10117 Comenity Capital Bank 07/14/2015 248,000.00 252,504.18 248,000.00 2.350 1,826 1,564 2.355 07/13/2020 20451 PBV7 10066 Compass Bank 08/07/2013 248,000.00 252,056.29 248,000.00 1.750 1,826 858 1.751 08/07/2018 23204HBHO 10089 Customers Bank 06/30/2014 248,000.00 248625.70 247,695.54 0.950 1,085 444 0.764 06/19/2017 25467IG53 10075 Discover Bank 02/20/2014 248,000.00 251,362.14 248,000.00 1.850 1,826 1,055 1.851 02/20/2019 29266NG84 10107 EnerBank USA 01/29/2015 248,000.00 252,005.70 248,000.00 1.400 1,461 1,033 0.000 01/29/2019 29976DZD5 10119 Everbank/J acksonvi lie FL 07/14/2015 246,000.00 252,518.31 248,000.00 2.000 1,827 1,565 2.002 07/14/2020 33767AVK4 10146 First Bank Puerto Rico 02/12/2016 248,000.00 250,031.37 248,000.00 1.850 1,827 1,778 0.000 02/12/2021 34387ABA6 10102 Flushing Savings Bank 12/10/2014 248,000.00 250,356.74 248,000.00 1.800 1,461 983 1.800 12/10/2018 32082BCY3 10078 First Merchants Bank 03/21/2014 248,000.00 249,305.72 248,000.00 1.000 1,280 538 1.002 09/21/2017 308663AH2 10147 FARMERS&MERCH SAVINGS BK 02/29/2016 248,000.00 248,678.28 248,000.00 1.550 1,824 1,792 1.550 02/26/2021 32114LAFS 10093 First National Bank 07/16/2014 248,000.00 248,422.34 248,000.00 .0.800 916 291 0.803 01/17/2017 3016OWK57 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 250,215.38 248,000.00 1.750 1,826 398 1.751 05/04/2017 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 248,000.00 252,307.26 248,000.00 1.900 1,826 1,035 1.901 01/31/2019 38148J6M8 10142 Goldman Sachs Bank 01/27/2016 248,000.00 252,959.75 248,000.00 2.100 1,827 1,762 2.102 01/27/2021 06251AK25 10131 Bank of Hapoalim NY 10/09/2015 245,000.00 249,730.22 245,000.00. 2.000 1,827 1,652 2.002 10/09/2020 40434ASZ3 10112 HSBC Bank USA 03/30/2015 248,000.00 247,950.90 248,000.00 1.250 1,827 1,459 2.223 03/30/2020 45383UPJ8 10077 Independent Bank CD 03/14/2014 248,000.00 249,323.33 248,000.00 0.900 1,280 531 0.902 09/14/2017 856284X58 10094 State Bank of India 07/22/2014 248,000.00 252,033.47 248,000.00 2.000 1,828 1,207 2.001 07/22/2019 464209BR5 10054 Isabella Bank &Trust Company 05/30/2013 248,000.00 247,036.52 248,000.00 1.000 1,826 769 0.900 05/30/2018 48125TU86 10110 JP Morgan Chase 02/06/2015 500,000.00 500,809.50 500,000.00 1.000 1,461 1,041 1.856 02/06/2019 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 247,821.94 248,000.00 0.750 1,461 411 0.750 05/17/2017 538036CF9 10145 LIVE OAK BANKING COMPANY 02/11/2016 248,000.00 250,898.62 248,000.00 1.500 1,460 1,410 1.468 02/10/2020 58403BK62 10080 Medallion Bank 03/28/2014 248,000.00 248,499.22 248,000.00 1.250 1,461 726 1.254 03/28/2018 Run Dale: 04/26/2016 -13:38 Portfolio POOL AP PM (PRF_PM2) 7.3.0 City of Diamond Bar Portfolio Management Portfolio Details - Investments March 31, 2016 Page 3 Municipal Bonds Average Purchase Stated Coachella Valley School Dist 09/15/2015 Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity 1.850 05/01/2019 Date Negotiable CD 1,630,000.00 1,669,100.80 1,644,451.24 1,547 1,372 2.290 Wells Fargo Sweep Account 59013JJB6 10126 Merrick Bank Wells Fargo 07/01/2012 09/21/2015 248,000.00 252,873.94 248,000.00 1.850 1,827 1,634 0.000 09/21/2020 686184TKB 10055 Oriental Bank & Trust 1 05/16/2013 248,000.00 248,013.39 248,000.00 0.650 1,096 45 0.651 05/16/2016 70153RHE1 10076 Parkway Bank &Trust 03/19/2014 248,000.00 249,864.71 248,000.00 1.650 1,826 1,082 1.651 03/19/2019 71270QLS3 10105 People's United Bank 01/28/2015 248,000.00 252,989.51 248,000.00 1.750 1,826 1,397 1.751 01/28/2020 795460SF3 10097 Sallie Mae Bank 08/06/2014 248,000.00 252,384.64 248,000.00 2.050 1,826 1,222 2.051 08/06/2019 981571 BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 201,792.00 200,000.00 2.000 1,827 1,503 2.002 05/13/2020 94768NJU9 10088 Webster Bank 07/02/2014 248,000.00 252,026.28 248,000.00 1.900 1,826 1,187 1.901 07/02/2019 Subtotal and Average 9,625,685.26 - 9,626,000.00 9,726,031.50 9,625,695.54 1,633 1,078 1.500 Municipal Bonds 189849KY7 10125 Coachella Valley School Dist 09/15/2015 880,000.00 904,340.80 887,817.77 2.885 1,782 1,583 2.665 08/01/2020 283309KN1 10134 El Monte School District 11/06/2015 750,000.00 764,760.00 756,633.47 2.148 1,272 1,125 1.850 05/01/2019 Subtotal and Average 1,644,605.41 1,630,000.00 1,669,100.80 1,644,451.24 1,547 1,372 2.290 Wells Fargo Sweep Account SWEEP 10036 Wells Fargo 07/01/2012 1,855,207.56 1,855,207.56 1,855,207.56 0.010 i_1 0.010 Subtotal and Average 1,976,353.28 1,855,207.56 1,855,207.56 1,855,207.56 1 1 0.010 Total and Average 31,199,449.10 29,676,591.24 29,822,212.26 29,688,538.22 1,238 641 1.232 Run Oat.: 04/26/2016 -13:38 Portfolio POOL AP PM (PRF_PM2) 7.3.0 CITY COUNCIL Agenda # Meeting Date: r,_5 5/3/16 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man g q;) TITLE: AWARD OF CONTRACT TO ARCHI ERRA DESIGN GROUP, INC FOR THE DESIGN OF CONSTRUCTION DOCUMENTS FOR PETERSON PARK TOT LOT FOR $21,020; APPROPRIATION OF $21,020 OF PARK DEVELOPMENT FUNDS FOR THIS WORK; PLUS THE DESIGN OF FOURTEEN (14) INFORMATION PANELS FOR THE CITY'S TRAILS FOR $8,000 FOR A TOTAL AUTHORIZATION OF $29,020; AMOUNT INCLUDES $2,000 FOR REIMBURSABLES. RECOMMENDATION: Award contract. FINANCIAL IMPACT: $16,500 is included in the 2015/16 FY Budget for the Trail Information Panels. An appropriation of $21,020 of Park Development Funds is required to fund the contract for the design of construction documents for the tot lot at Peterson Park. Total contract recommended for Architerra Design Group is $29,020, which includes $2,000 in reimbursables. BACKGROUND: The Peterson Park playground project initially began as a replacement of the poured in place rubber play surfacing which is used for fall/impact attenuation. When the contractor began to remove the old rubber surface, it was discovered that many of the support posts for the play structures had rusted (below the surface) to the point that they were no longer structurally sound. After researching options to complete the repairs, the City was advised by the play equipment manufacturer that these play structures are obsolete and parts are no longer available. Due to the nature of the damage and the unavailability of replacement parts, the manufacturer advised the City that, for safety reasons, the playground should be closed pending a complete replacement. Staff immediately released an RFP to obtain a consultant team to design the replacement tot lot and rubber surfacing. Two proposals were received in response to the RFP. Both firms that submitted proposals were interviewed by staff and staff recommends that a contract for the design of the new tot lot at Peterson Park be awarded to Architerra Design Group. In addition to the Peterson Park project, staff is requesting that the contract with Architerra Design Group include the design of up to 14 informational panels that will be placed along the trails in Diamond Bar. This consultant designed the panels that are currently in place along the trails and has the technical expertise to match that design for the new panels at a very competitive rate. DISCUSSION: Architerra Design Group has completed the design of several playgrounds and trails in Diamond Bar. The most recent playground design to be constructed is Silver Tip Park, which has been very well received by the community. Staff recommends that Architerra Design Group be awarded a contract for the design of the Peterson Park tot lot, and the design of up to 14 trail informational panels. The two (2) firms that submitted proposals for this project and their fees are: Company Name Base Fee Architerra Design Group* $20,020 PBLA Engineering, Inc. $29,535 Firm recommended by staff for award of contract. PREP4/71D REVIEWED BY: B b F2ose Director of Community Services Estimated Fee Final for Reimbursables Total Rank $1,000 $21,020 1 $1,000 $30,535 2 REVIEWED BY: Dianna Honeywell Director of Finance Attachments: Consulting Services Agreement dated 5/3/2016 (award of contract date) Proposal from Architerra dated 11/19/2015 (submittal date) Request for Proposals dated 10/29/15 (release date) CONSULTING SERVICES AGREEMENT Design THIS AGREEMENT (the "Agreement") is made as of May 3, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Architerra Design Group, Inc. , a California corporation; ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. 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. Bob Rose, Community Services Director or David Liu, Public Works Director (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect May 3, 2016, and shall continue until December 31, 2016 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 scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twenty-nine thousand twenty dollars ($29,020) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. 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 Workers' Compensation laws 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. 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. E. In addition to any other remedies it may have, 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 required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. 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 and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") 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: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement, and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. 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 Indemnitees. 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. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 10. Insurance. A. 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 the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis 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 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies 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. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, 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 have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. 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 Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure 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 Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. 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. 12. Ownership of Materials. Except as specifically provided in this Agreement, 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. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. 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. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. 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, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. 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 its supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, 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 in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Reserved. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. 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. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. 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. 25. 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. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may 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. 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 mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. 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. "CONSULTANT" Architerra Design Group Inc. 10221-A Trademark Street Rancho Cucamonga, CA 91730 Attn.: Richard Krumwiede, President Phone: (909) 484-2800 E -Mail: rkrumwiede@architerradesigngroup.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano, City Manager Phone: (909) 839-7010 E-mail: jdestefano@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. 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. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by 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 a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" ARCHITERRA DESIGN GROUP, INC. By: Printed Name: Title: By: Printed Name: Title: Approved as to form: M City Attorney "City" CITY OF DIAMOND BAR By: Nancy A. Lyons Mayor ATTEST: City Clerk *NOTE: ff Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. REQUEST FOR PROPOSAL Released: October 29, 2015 Proposals are due by Thursday, November 19, 2015 by 5:00 P.M. Design of Playground Area at Peterson Park 24142 E. Sylvan Glen Road, Diamond Bar, CA 91765 The City of Diamond Bar is soliciting proposals from qualified firms to provide professional Civil Engineering services for the preparation of construction documents for the installation of new playground equipment, rubber surfacing and sand within the existing playground area at Peterson Park, 24142 E. Sylvan Glen Road, in Diamond Bar GENERALBACKGROUND The City of Diamond Bar is preparing to replace the existing play equipment and install new rubber surfacing and additional sand in the existing playground area at Peterson Park. The playground area is approximately 3,200 sq. ft. in size. City staff obtained bids from different play equipment manufacturers and the low bid is from Miracle Recreation Equipment Company. The design of the play equipment and rubber surfacing can be obtained from the Southern California representative of Miracle Recreation, Rob Fryhoff. He can be reached at 800-264-7225 X-307 PROJECT TIMELINES The time frame for this project is for the engineer to complete the construction documents within 30 days of the award of contract; to respond to plan check comments within 7 working days; and to be out to bid for a construction contractor by early January, 2016. Proposals are due by Thursday, November 19, 2015 by 5:00 P.M. City of Diamond Bar Page 1 Request For Proposal Peterson Park Playground Area Design SCOPE OF SERVICES 1. Meet with City staff prior to beginning work to discuss background, scope, objectives, and any other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2. Review current conditions and recommend the work necessary to install the new playground equipment, rubber surfacing and sand within the existing playground area per manufacturer's specifications, and meet Federal ADA accessibility requirements. 3. Contact the Southern California representative of Miracle Recreation Equipment Company, Rob Fryhoff, for the design of the play equipment and rubber surfacing. He can be reached at 800-264-7225 X-307 4. Provide survey data that verifies that path of travel and cross slopes are within federally mandated standards. 5. Provide geotechnical investigation as deemed necessary for the design and inspection and testing services to certify that materials and construction conform to specifications during construction phase. 6. When directed by City staff, the Consultant shall prepare plans, specifications, and cost estimate for the project. The improvement plans shall be prepared in a 20" scale and submitted in 24" X 36" sheet format. Specifications shall be submitted on 8'/2" X 11" sheets. The cost estimate shall be prepared in a tabular form for each construction item showing quantity, unit, unit price, and total cost. All estimate back-up calculations by plan sheet shall also be submitted if requested. Final plans and bid specifications shall be signed, stamped and certified by a Civil Engineer registered in the State of California. 7. Prepare any necessary addendum to the bid documents. The selected Consultant shall provide technical assistance to City staff. Should any questions arise during the bidding period, the Consultant shall provide clarification. if any changes to the plans and specifications are required during the bidding period, the Consultant shall make the necessary changes in a timely manner so that City staff can issue an addendum. 8. Attend the pre -construction meeting to present information on the construction documents. Pre -construction meeting may include a site visit. 9. Review submittals and change order requests and provide written recommendations on their approval or rejection during the construction phase. Assist in the preparation of contract change orders. City of Diamond Bar Page 2 Request For Proposal Peterson Park Playground Area Design 10. Provide daily quality control and inspection services during construction. 11. Provide support of the construction documents by attending a meeting on site up to once per week during the construction process and by providing telephone support as -needed to City staff, project manager, general contractor and City Inspector. 12. Review and address contractor's RFI's. 13. Prepare punch list and conduct final job walk. Prepare recommendation to City staff for acceptance of the construction project. 14. Prepare and submit as -built 20" scale drawings on mylar, or alternative medium as approved by City staff, to the City after the completion of project construction. Also, provide a PDF electronic version of the as -built plans to the City. SUBMISSION PROCEDURES The proposal must include the following: ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Names and qualifications for the project team, with an organization chart, which will be providing the services, including resumes. ♦ Scope of Services describing the approach and methods that will be used to meet the project requirements and timelines. Also, identify any potential concerns or problems that your firm anticipates during the term of the project. ♦ Proposed Fee including a breakdown of the fee by task, hours and hourly rate. Please state all assumptions upon which the fee estimates are based. ♦ Proposed hourly billing for each project team member that will be assigned and any expected additional expenditures. ♦ Experience of the assigned team members with similar work. ♦ List with a maximum of five (5) projects which your firm has designed and provided construction support services for other public agencies in the greater Los Angeles and Southern California area. Provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, project manager, engineer and architect's names. If any portion of the project was sub -contracted, provide similar information. City of Diamond Bar Page 3 Request For Proposal Peterson Park Playground Area Design Firm's capabilities relative to performing the required work within reasonable time frames. Also, provide a schedule identifying milestones for the major tasks in the design of the project, beginning with Notice to Proceed. At least three references for similar work. Contact person, address and telephone number shall be included. SUBMITTAL DEADLINE Interested firms shall submit six (6) copies of the proposal in a sealed envelope bearing the name, address and telephone number of the individual or entity that submitted the proposal and shall be addressed to: Bob Rose, Community Services Director City of Diamond Bar 21810 Copley Drive Diamond Bar. CA 91765 The envelope shall be clearly marked with the notation, "DO NOT OPEN — PROPOSAL" The proposal shall be delivered to the addressee on or before 5:00 P.M. on Thursday. November 19. 2015. SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will be considering the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm designing similar projects. 3. Related experience and qualifications of the proposed project manager and project team. 4. Availability of project team and their ability to complete this project within the timeline given. 5. Information obtained from references. 6. Willingness to enter into a standard City of Diamond Bar Consulting Services Agreement (sample attached). 7. Reasonableness of the proposed fee. City of Diamond Bar Page 4 Request For Proposal Peterson Park Playground Area Design The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. 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. All proposals submitted to the City in response to this RFP shall become property of the City. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at 909.839.7061 or Claude Bradley, Facilities Maintenance Supervisor, at 909.839.7088. Questions may also be submitted by e-mail: brose@diamondbarca.gov Attachments: Aerial photo of project area. Consulting Services Agreement (Appendix A) City of Diamond Bar Page 5 Request For Proposal Peterson Park Playground Area Design Peterson Park Playground Area - approximately 3,200 sq. ft. 24142 E. Sylvan Glen Road, Diamond Bar, CA 91765 Appendix A City of Diamond Bar Page 6 Request For Proposal Peterson Park Playground Area Design .�, h �� ilk N �1 .. s .�! "' J 44� �*� ... November 19, 2015 Mr. Bob Rose Community Services Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91 765 RE: Proposal Design of Playground Area at Peterson Park Dear Mr, Rose, The success of the Peterson Park playground rehabilitation project is undoubtedly extremely important to the City, and most importantly - the residents of Diamond Bar. A key factor of your project's success will be determined by the selection of a consultant with the required skills and experience to achieve your goals. We understand you want a firm with experience in tot -lot design and construction management, one that is easy to work with, knowledgeable, and dedicated to meeting your goals and timelines. We know your primary goal is to install new playground equipment, rubber surfacing and sand to the existing playground area of Peterson Park. Architerra has the ability, expertise, and proven experience to provide the construction and bid documents along with project management for the Peterson Park rehabllitation project. We have developed a clear understanding of the project's needs and offer the following proposal for your review. We have recently visited the existing playground and performed a basic review of the site, We found no obvious issues with ADA compliance, however we have included an optional topographical survey, We offer two options for base mapping the site: Option A uses existing plans provided by the City and field evaluations, whereas Option B will use the optional survey from Madole Associates. (limit of survey aerial is found in the Appendix). We also observed during our visit that the new parking lot construction, adjacent to the project, has created a potential safety issue due to its proximity to the tot lot. The addition of a fence or safety barrier to protect children may be necessary. Since 1991, Architerra Design Group has provided landscape architecture services to Public Agency Clients by preparing detailed construction and bid documents, along with accurate cost and construction estimates. Our team has successfully managed several projects similar in scope to the Peterson Park project. Our Director of Production aidiiFei adesigngroup.corn 10221 A li< dem(irl, `,I kc» dhu i u (irnon, ci, :.J\ %1730 Ir - 9t)<J tlag 280'0 I 4t'.>.48 /802 CA Iia 2834 NV lic. 446 AZ lic. 29 175 Jeff Chamlee will lead our team providing technical and project oversight. If is of note that Mr. Chamlee while at EPT Design, was the Landscape Architect for the original design of Peterson Park. Our project manager will be Alien Pan, a proven project manager for parks and public agency projects. Additionally, Allen lives near the park site and is familiar with Diamond Bar and the surrounding community. Our sub consultant team includes Madole and Associates for an optional topographic survey, and with Leighton and Associates for any potential Geotechnical work required for the project. Team resumes are found on page 4. We are fully staffed with 18 employees, and have the proven ability to respond to urgent client needs. Our office is located in Rancho Cucamonga, a short drive from Diamond Bar. We are ready to start work on your project immediately, and can complete the construction document package within 30 -days of the contract award. We can also respond to plan check comments within the 7 -day stipulated timeframe, and be out to bid by early January, Architerra's Relevant Experience begins on page 15, with park projects that feature many of the design and project requirements as put forth in the City's request for proposal. Our broad experience in design and rehabilitation of parks is highlighted and includes project examples for Silver Tip Park for the City of Diamond Bar, as well as Heritage and Beryl Parks, both in Rancho Cucamonga. It is there you will also find references from satisfied public agency clients. As Owner and President, I am authorized to submit proposals, negotiate fees, and terms on behalf of Architerra Design Group with the City of Diamond Bar. This proposal is firm and binding for 90 -days from the date the proposal is opened and recorded. As the Landscape Architect of record, I will be personally available throughout the term of the project, and my California license, physical address, Internet address, telephone, and fax numbers are below. President CA RLA 2834 City of Diamond Bar Design of Playground Area at Peterson Park RFP Page I COMPANY OVERVIEW AND QUALIFICATIONS Firm Overview Architerra Design Group (ADG) is a design -driven, client service-oriented, fully insured professional landscape architectural and site -planning firm, licensed in California, Arizona, Nevada, New Mexico, and Oregon, Richard Krumwiede, a licensed Landscape Architect with over 30 -years experience in the landscape design and construction industry, established the firm in 1991. Our firm has been in continual operation in Rancho Cucamonga for 24 years. ADG is a certified Small Business Enterprise (SBE), and a California Corporation operating under the name: Architerra, Inc. Richard Krumwiede (California Registered Landscape Architect #2834) is the firm's principal officer, with the authority to bind contracts. ADG's primary goal is to service our clients' needs by producing cost effective, innovative design solutions. We achieve this by developing strong design concepts, which guide each project from the initial design phase to final construction, Consistently striving to achieve this goal, we work with our clients to produce projects of lasting value. Currently, the office is staffed with 18 full- time professional employees, four of whom are licensed landscape architects. Our firms operating philosophy and mission statement is to grow our firm, and develop our employees with the following three guiding principles: o Creativity Use our collective talents and experience in developing top-quality, creative, cost-effective designs, and to encourage our staff to expand professionally in new directions. o Service To make every effort to fully understand and meet our Clients' needs and time- lines, while creating visually dynamic designs even on limited budgets. o Environment To develop environmentally sensitive design solutions, which are compatible with each project's distinct local environment, SIMILAR PROJECTS COMPLETED BY ADG Throughout our history, we have successfully completed numerous award winning park projects. ADG has cultivated a reputation for high quality design, including receiving the American Society of Landscape Architects (ASLA) 2010 City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 2 Honor Award for the Etiwanda Preserve in Rancho Cucamonga, and the American Public Works Association (APWA) 2011 Project of the Year award, and the 2012 ASLA Merit Award for the Cucamonga Basin #b, located in Upland. ARCHITERRA'S HISTORY WITH THE CITY OF DIAMOND BAR ADG has enjoyed a successful and professional relationship with the City of Diamond Bar. Our park experience with the City has included: Silvertip Park, Stardust Park, and Longview Park revitalization projects as well as Sycamore Canyon Park Trail, Phases 3 and 4: Many of the features and amenities included in the Peterson Park project are similar in scope to the Silvertip, Longview and Stardust park projects. Our previous experience with the City will help streamline the entire design process, enabling the project to stay on budget and on schedule. This history, along with our proven track record, working with other public agencies showcases our firm's unique qualifications to ensure the success of the Peterson Park rehabilitation project. PROJECT TEAM ORGANIZATION AND RESUMES ADG will serve as the primary consultant for the project, with President Richard Krumwiede, providing contract and team oversight. Jeff Chamlee, will lead the project team and provide technical oversight and quality control during all phases of the project. Allen Pan, our Project Manager, will provide daily project management and be the main point of contact throughout the duration of the project's contract. Our proposal includes optional geotechnical services to be performed by Leighton and Associates, a firm that has completed many successful projects with the City. Also proposed as optional services is a sife survey to provide a topographic map of the area by Madole and Associates. Madole provided survey services for Silvertip, Stardust and Longview Parks in Diamond Bar. We are confident that both Madole and Leighton will provide accurate, cost effective services along with well -crafted documents. The qualifications and resumes of ADG's staff and consultant team are as follows: PRESIDENT- RICHARD KRUMWIEDE, ASLA, RLA #2834 Mr. Krumwiede is a hands on principal, who participates throughout all phases of Architerra projects. He was actively involved in the Master planning of a 50 - acre park site in Lake Arrowhead that focused on the use of drought tolerant City of Diamond Bar Design of Playground Area of Peterson Park RFP Page 3 native trees and shrubs, interpretive trails, and active use open space play fields. Additionally, he conducts design development and administration on a wide range of projects including community master plan design, public schools, model homes, multi -family, and street projects. He was recently involved in the planning of major renovations at Villegas Park in riverside, California, More information is located in our relevant experience section. He is the recent Past President of the Southern California Chapter of the American Society of Landscape Architects (ASLA). Honors and Awards include numerous City Beautification Awards, as well as commendations for Model Home and Master Planned Community Designs. In 2007, he was awarded an ASLA Honor Award for garden design and his home and gardens were featured in Sunset magazine's July 2007 issue. He was born in Upland, California, and graduated from Cal Poly, Pomona with a Bachelor of Landscape Architecture in 1984. He is currently licensed as a landscape architect in California (#2834), Arizona (#29115) Oregon (#841), New Mexico (#538) and Nevada (#446). DIRECTOR OF PRODUCTION: JEFF R CHAMLEE, ASLA, RLA #1736 Mr. Chamlee holds a Bachelor of Science degree in Landscape Architecture from Cal Poly, Pomona, and is currently a licensed Landscape Architect in California (#1736). He has been with ADG for over 10 -years, and has 40 -years experience in a diverse array of public, commercial, and private projects. He has also taught landscape architecture classes at Cal Poly, Pomona, and currently teaches landscape construction classes at UCLA. Mr. Chamlee has been the Principal Landscape Architect on hundreds of projects involving: parks, gardens, medians, master planning, facilities planning, site design, construction documents and construction administration for numerous city and county agencies. He was the lead landscape architect for the original development plans of Peterson Park in 1988, when employed with another firm. In addition to providing project oversight and quality control on every project we produce, Mr, Chamlee was the lead landscape architect for Silvertip, Stardust and Longview Parks in the City of Diamond Bar. Other projects he has lead include Phil and Nell Soto Park for the City of Pomona, Celebration Park for the City of Ontario, and Sycamore Canyon Park Trail in Diamond Bar. City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 4 PROJECT MANAGER: ALLEN PAN Mr. Pan holds a Bachelor of Science degree in Landscape Architecture (2002) He has been with Architerra Design Group, for 9 years. His duties include client contact, landscape design development, construction document i development, project coordination and management, CAD drafting, 3D modeling/animation, and graphic/digital presentations. ' Mr. Pan's background in the field of Landscape Architecture includes the design, development, and management of park development, retail, commercial, mix -development industrial parks, and institutional projects, as well r as master planned residential communities, and model homes. Current projects include: the Vila Borba master planned community in Chino Hills, California and includes project management for the Park, Habitat Restoration, HOA and Stieetscapes, Model Homes and Entry Monumentation. Prior to joining Architerra, Mr. Pan worked as a project manager on retail, commercial and industrial projects from single building to master planned mix - developments throughout California. Mr. Pan has experience working directly with Architects, Engineers, Developers, and Local Agencies in the development and construction of these various types of projects. MADOLE AND ASSOCIATES - CIVIL ENGINEERING Madole and Associates has provided engineering services throughout the Inland Empire for over thirty years, with their office located in Rancho Cucamonga. Madole's professionals plan and engineer communities where families live, play, learn, shop, and work. Their families are raised in the communities they develop, and they are personally vested in contributing to a higher quality of life, with economic and environmental sustainability, Madole's vision of communities incorporates homes, parks, nature preserves, and schools, integrated with commercial development and effective transportation networks. Several of Madole's recent projects, relevant to this RFP, include: • Silvertip Park, Diamond Bar (with ADG) • Longview Park, Diamond Bar (with ADG) • Stardust Park, Diamond Bar (with ADG) • Sycamore Canyon Park Trail, Diamond Bar (with ADG) • Etiwanda Preserve, Rancho Cucamonga (with ADG) • Crestline Splash Pad, Crestline (with ADG) City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 5 LEIGHTON AND ASSOCIATES GEOTECHNICAL SERVICES Leighton provides public agencies, owners, and land holders solutions focused on the earth sciences encompassing the geotechnical and environmental disciplines, Our team of geotechnical engineers, geologists and engineering geologists set the groundwork for planning, design and construction with experience in nearly every market sector. Our clients benefit from our solutions to geotechnical and geologic hazards, and investigating and remediating environmental hazards. Our experience is endorsed by our repeat clients, and recurring on-call contracts, ORGANIZATIONAL CHART President RicharA IO•unuvlede JI I t --T -- 7 mf ^ Di rector of i Dl=orof A Director of � PHAdmhdsbative Pr oducUon Design Marketing Manager Teff Chamlee..J Gregg Damon john Hubei KIIey Sandoval 1 Project Managers Allen Pau lostf Pelayo Robert Collings. David Powell :-) Lands"pe Designers a+l Crystal Cullen" '•-p Dawn Rourk PahcaAehen Sub Cousuilants 1,11111C Chen Madole&Associates Michael Wagner Leighton Micheal Aguas Olivia Pelayo Ryan Skcloy 5elina Liu City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 6 PROJECT UNDERSTANDING AND OVERVIEW The City of Diamond Bar is seeking to rehabilitate the play area or "tot -lot" at Peterson Park, located at 24142 Sylvan Road. It is our understanding the current structure is suffering from corrosion damage and needs to be replaced. In addition, it is understood that the play area is to be assessed and remedied for any issues with ADA non-compliance. The City has selected Miracle Play Equipment Company to provide the equipment and rubber surfacing. Al role will be to provide a survey of the site, construction design of the play and fall areas, verify ADA compliance and prepare accurate construction and bid documents. We have recently visited the site and noticed areas where the perimeter walls of the play area are broken. We understand our plans will need to address these issues as well. The concrete paving surfaces appear to be ADA compliant and in good condition. The City has set a time frame to compiete the plans for the project within 30 days from the award for contract, complete plan check corrections within seven days and be ready for construction bidding by early January 2016. Amenities currently planned for Peterson Park, as per the plan with Miracle Recreation Equipment Company are as follows: • Ages 5-12 unit with three ground level activities - crunch bar, swings, and drum panel. Five foot clearance fall area required for all three activities. It also includes eight elevated components. Four are accessible via rubber: Try Ring Climber, Tree -0 Climber, Burma Bridge, and Groove Slide. • Ages 2-5 unit, with one ground level activity (pilot panel), which should already have adequate access and three, elevated components. Two are accessible via rubber: Slide and Tic -Tac -Toe Panel. • Swing set. Renderings of proposed equipment by Miracle Recreation are included in the Appendix of this proposal. SCOPE OF SERVICES ADG has reviewed the scope of service requirements for the design of the Playground Area at Peterson Park included in the RFP for this project. Based on these requirements, ADG agrees to perform the following services for the Professional Fees indicated: City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 7 A. Construction Document Phase: 1. Project Kick -Off meeting with The City of Diamond Bar Project Team and ADG. We will review the anticipated project program, scope of services, limits of work and establish a project schedule with deliverables and milestones, 2. Site Visit/Field Inventory to review existing conditions, establish project limits and determine design opportunities and constraints for the playground area. Inspect and review existing paving, walls, and accessibility to the existing play area from the parking lot. 3. Optional_ Services. Provide geotechnical investigation service as deemed necessary during design. The geotechnical investigation service will be performed by consultant Leighton & Associates. 4. Utilize existing park plans provided by the City to develop a project base plan and evaluate existing ADA accessibility of the play area, 5. Optional Services. Prepare a site survey of the existing play area and surrounding paving by a licensed surveyor in order to prepare project base plans and document existing paving elevations. Consultant Madole & Associates will prepare the site survey. The survey will be utilized to develop a project base plan and evaluate existing ADA accessibility of the play area. 6. Prepare a project base sheet at 1/8" scale, This scale is proposed for better clarity and understanding of the site measurements because of the small area involved. The base sheet will be used in preparing the construction documents. Plans will be prepared on 24" x 36" sheet format. 7. Title Sheet Preparation. Title sheet will include sheet index, project vicinity map, sheet key map, signature blocks and plan abbreviation key. 8. Construction Plan Preparation. Construction Plan will identify all items of removal, all new construction items, referencing to construction details and include horizontal control layout, construction notes, and legends. New play equipment layout, provided by equipment manufacturer Miracle, will be indicated and elements labeled. New City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 8 play area surfacing materials and layout will also be indicated. Any accessibility issues that are discovered will be addressed. 9. Construction Detail Preparation. ADG will prepare construction details for all construction elements including paving, site furnishings, play equipment, play surfacing, drainage devices and fencing. 10. Prepare Construction Specifications. Specifications will be prepared on 8'/2" x 11" sheets in standard City Microsoft Word format. 11. Preparation of Final Statement of Probable Construction Costs. Estimate will include line items for all improvement elements based on completed construction plans on 8'/2" x 1 1 " sheets in standard City Microsoft Word format. Estimate and quantities will be used to prepare the bid form. 12. Client / ADG Progress Meetings. Participate in up to two (2) additional meetings with City staff to review progress and obtain input on the proposed improvements. 13. City Plan Check Corrections. Make all required revisions from City plan check review of construction documents. Final approved plans and specifications will be stamped and signed by a licensed Landscape Architect in the state of California. 14. Prepare Bi -weekly Project Status Reports to Client to outline project progress and schedule adherence. 15. Provide telephone consultation and email communication/coordination as required for the duration of the Construction Document Phase. B. Bidding Phase: Provide assistance to the City during the Bidding process. Based on final construction cost estimate, prepare an itemized Bid Form. During bidding we will answer bidders questions (RFI), prepare and distribute any required bid addendums, and review of product substitution submittals. 2. Attend and respond to questions at a pre-bid conference for contractors at the project site. City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 9 C. Construction Observation Phase: 1. Attend a pre -construction meeting with the selected contractor to review the construction documents, construction schedule, requirements and procedures. Attend a pre -construction site visit to walk the proposed trail. 2. Review all required product submittals for compliance with the contract documents. Respond to requests for information (RFI) and prepare any required change order requests. 3. Provide Quality control and inspection services during construction. These services will be held on site on a daily basis or as required to adequately monitor construction activities. Ten (10) site inspection visits have been anticipated and included. 4. Attend on-site meetings during construction to review project progress, schedule and address contractor coordination issues. Meetings will be held up to once every week during an estimated 60 - day construction period. Five (5) construction meetings have been anticipated and included in this proposal. Prepare field reports of all meetings. 5. Optional Services. Provide geotechnical inspection and testing service as deemed necessary during construction. The geotechnical inspection and testing service will be performed by consultant Leighton & Associates. 6. Provide telephone support as needed during construction to the contractor, City staff and City inspector. 7. Attend final inspection walk through of the construction work. Prepare written correction list and final recommendation for acceptance of the project. Two (2) construction meetings have been anticipated and included in this proposal for this task. 8. Prepare As -built Drawings at 20 -scale on Mylar from information provided by the contractor at the completion of construction. - Information will also be provided in PDF electronic format. City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 10 PROPOSED FEE Services described above shall be provided for in accordance with the terms and conditions in Appendix A attached hereto and which is incorporated and made a part of this Agreement by reference, We estimate the following fee breakdown by Phase: PETERSON PARK PLAY AREA DESIGN A. Construction Documents; $5,970.00 B, Bidding & Negotiation: $ 950.00 C. Construction Observation: $4,630.00 ADG Fee Total: $11,550.00 Optional Site Survey Services $ 4,950.00 Optional Geotechnical Services $ 3,520.00 Professional Fee Total: $20,020.00 Reimbursable Expenses Allowance $ 1,000.00 Fee Total: $21,020.00 Reimbursable Expenses The following costs shall be reimbursed at cost and are not included in the Basic Fee for Services: • Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, plotting, Xerox copying, photo reproductions. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Cost of postage and shipping expenses other than first class mail. • Photographic services, film and processing. • Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by Client. • Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project. (Plan check fees, variance applications, etc.). • Fees for additional special consultants retained with the approval of Client. ARCHITERRA DESIGN GROUP PROPOSED FEE BY TASK PETERSON PARK PLAY AREA CITY OF DIAMOND BAR BOB ROSE, COMMUNITY SERVICES DIRECTOR NOVEMBER 19TH, 2015 CONSTR1iCT7ON DOCUMENT PHASE: PRINCIPAL DIRECTOR OF PRODUCTION PROJECT MANAGER DESIGNER CLERICAL TOTAL HOURS COST PER TASK PROJECT KICK-OFF MEETING 2 2 2 4 $440.00 SITE VISiTIFIELD INVENTORY/ ANALYSIS 1 2 $285.00 3 $315.00 BASE SHEET DEVELOPMENT $190.00 1 4 5 $395.00 TITLE SHEET 1 3 4 $320.00 CONSTRUCTION PLAN 2 10 12 $940.00 CONSTRUCTION DETAILS 2 S 10 $790.00 CONSTRUCTION SPECIFICATIONS 1 4 2 7 $655.00 FINAL COST ESTIMATE 1 2 4 7 $615.00 MEET W/AGENCY (2 MTG.) 4 4 $380.00 PLAN CHECKING 2 2 $250.00 PLAN CHECK CORRECTIONS 1 4 5 $395.00 PROJECT ADMINISTRATION 2 2 $190.00 TELEPHONE CONSULTATION 1 1 $95.00 NT' C CONSULTAOORDINAT ION 2 2 $190.00 BIDDING PHASE OF PROJECT DESIGNER CLERICAL PRINCIPAL TOTAL COSTPER PRODUCTION PRODUCTION MANAGER HOURS TASK BID ASSISTANCE 2 2 $190.00 ANSWER CONTRACTOR RFI 3 3 $285.00 PREPARE ADDENDUMS 2 2 $190.00 ATTEND PRE-BID CONFERENCE 3 3 $285.00 CONSTRUCTION OBSERVATION PHASE PRINCIPAL DIRECTOR OF PRODUCTION PROJECT DESIGNER CLERICAL MANAGER TOTAL HOURS COST PER TASK PRE -CONSTRUCTION MEETING 2 2 $190.00 REVIEW SUBMITTALS, RFI RESPONSE 4 4 $380.00 QUALITY CONTROL SITE VISITS (10 @ 1.5) 15 15 $1,425.00 OBSERVATION SITE MEETINGS (6 @ 2) 12 12 $1,140.00 TELEPHONE SUPPORT 4 4 $380.00 FINAL INSPECTION (2 @ 2.5) 5 5 $475.00 AS -BUILT DRAWINGS 2 6 S $640.00 ESTIMATED REIMBURSABLE EXPENSES $1,000.00 ADG GRAND TOTAL WNCLUDING REIMBURSABLE EXPENSES) $12,5%00 GRAND TOTAL+WITH SUB CONSULTANTS;(INCLUDING REIMBURSABLE EXPENSES) $21,020:00' City of Diamond Bar Design or Playground Area at Peterson Park RF? Page 13 Design Approval Mr, Bob Rose has been designated as the person responsible for design direction to ADG for this Project, and has the authority for design approval. In the event that the design, as approved by Mr, Rose is rejected by others, and redesign is required, such redesign shall be compensated as Additional Services. Meetings and Site Visits This Agreement includes Professional Service time for up to seven design and construction document review meetings, one pre-bid conference meeting, one pre -construction meeting and ten construction review meetings (19 total) for coordination with the Client or Agencies. Additional meetings with the client shall be billed as Additional Services. Travel expenses shall be billed as Reimbursable Expenses. Timeliness It is understood that time is of the essence. ADG will provide services within the number of calendar days as authorized at the time of the project assignment, after the commencement date specified in the notice to proceed, Our projects are consistently completed and delivered to our Clients on time, due to weekly project management meetings, staff scheduling, and the direct involvement of firm principals during the progression of our projects, Quality Assurance Program The size of our firm gives the Client the advantage of working with an experienced principal from project start to finish, increasing the level of service and product quality throughout all phases of project development. Our office has developed project design standards, construction document standards, and cost estimating programs, enabling us to provide drawings and projects to our Clients that are consistently greater than the "professional standard of care". Additionally, all projects are reviewed in-house for errors with corrections made prior to Client and Agency submittals. Communication with our Clients, regarding their projects progress, is also a part of our quality assurance program. Clients are updated bi-weekly through written "Project Status Reports" prepared by the project manager. 90% of all of our business is either repeat business from established Clients, or referrals from our Clients and Public Agencies. This is a direct result of our high standards for design, construction documents, and client service. Value Engineering An important element in our firm's success is our ability to meet the Client's construction budgets. Prior to the start of the design process, we thoroughly City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 14 discuss the Client's anticipated improvement cost for each phase of development. Based on this initial feedback we determine and or verify the, improvements possible to maintain the budgetary constraints. ADG then carefully coordinates all phases of design development with the approved construction budget. This creates projects that are consistently constructed at or below the original estimate of projected cost. Cost Estimating Process In support of our Value Engineering process, Al prepares "Statements of Probable Construction Costs" as required by the project's scope of services, The "Statements of Probable Construction Costs" are prepared using Microsoft Office Excel spreadsheets, which have been developed by our office over the years to accurately estimate the project's costs. The office "master" is updated annually using bid data from our clients, contractor surveys; and material cost multipliers. "Statements of Probable Construction Costs" will be prepared during the Conceptual Design, and Construction Document Phases of the Project for in-house and client review, and input. Owner's/Architects Responsibility Client shall provide the following information, documents, or services as required for performance of the work. ADG is entitled to rely upon the accuracy and completeness of such information, documents, and services, and shall not be liable for errors or omissions therein. Should Al be required to provide services in obtaining or coordinating compilation of any such information, drawings, or services shall be charged as Additional Services. Structural engineering as may be required. 2. Engineering other than that provided within the Scope of Services. 3. Agency processing of completed plans. PROPOSED HOURLY BILLING AND ADDITIONAL EXPENDITURES Architerra Hourly Rates Al may incur expenses and costs, which are not included in the Basic Fee for Services. If authorized by the Client and confirmed by ADG, Al will perform said Additional Services on a time and material basis, according to the following schedule: Principal $150.00/Hour Director of Design $125.00/Hour Project Manager $95.00/Hour Landscape Designer $75.00/Hour Clerical $45.00/Hour City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 15 EXPERIENCE Relevant Experience Listed below are examples of park projects, which detail the extensive experience and capability ADG has with this type of project. These examples highlight our professionalism, and success, in designing projects similar to the Peterson Park and Pantera Park Trails. Graphic examples of our work are included in the Appendix section of this proposal. Via Verde Park Design Development and Construction Documents for the development of ADA compliant renovation plans for two tot -lots. ADG performed design development and preliminary grading for the removal and replacement of the existing tot -lots as well as the path of travel as required to meet ADA design guidelines. The play equipment manufacturer provided play equipment components and layout. Upon completion of the Design Development and Grading plans, ADG prepared the final construction plans for the two tot -lots and access walkway, including new hardscape, play equipment, play area surfacing, site amenities such as benches and trash receptacles, grading and drainage, and repair of irrigation and planting in areas disturbed by the reconstruction work, Contact: Steven Farmer, Landscape Maintenance Manager, City of San Dimas. (909) 394-6272, 245 E. Bonita Ave. San Dimas CA 91773, ADG Project Manager: Josif Pelayo Total Construction Cost Estimate: $410,000 Vila Borba Park A 5 -acre neighborhood public park facility within the residential development of Vila Borba, in the City of Chino Hills, CA. This active use park's amenities include: a restroom building, parking lot, bicycle parking area, connection to interior paseo system for pedestrian and bicycle access, dual age tot lot facilities, individual use picnic tables as well as group picnic areas with tables, a large open turf area for soccer overlay, a connection point at the southwest corner of park to the Butterfield Ranch Road multi -use trail system, interior park walkway system to access park use areas, and entry monumentation for park entrance per the City of Chino Hills City Identification Program.. Contact: Stephanie Carter, Project Manager, Standard Pacific Homes. (951) 898-5512, 355 East Rincon Street, Suite 300, Corona, CA 92879. ADG Project Manager: Allen Pan City of Diamond Bar Design of Playground Area at Peterson Park RFP Page 16 Heritage Park Tot -Lot Renovation A 1 2 -acre tot -lot located within an existing park in Rancho Cucamonga, CA. r. A tot -lot renovation and redesign included upgrades in order to meet ADA requirements, and a new play structure with rubberized surfacing, concrete paving for stroller parking, steps and walkways, seatwalls, picnic tables, drinking fountain, and bike racks. Contact: Karen McGuire -Emery, Senior Park Planner, City of Rancho Cucamonga. (909) 477-2840 Ex, 4040, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Beryl Park Tot -Lot Renovation Existing 10 -acre passive -activity park located in Rancho Cucamonga, CA. This renovation consisted of a redesign and restroom renovation in order to meet ADA requirements, and added amenities including: new tot -lot play equipment, picnic area drinking fountain, and seating areas, Contact: Karen McGuire -Emery, Senior Park Planner, City of Rancho Cucamonga. (909) 477-2840 Ex. 4040, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 i Lonaview South. Silver Tip. and Stardust Mini -Parks Conceptual design and construction documents for the following Longview South a developed .89 -acre mini -park. Improvements include an ADA accessible walkway to an improved tot -lot, an expanded full size basketball court, a new paved plaza area, a picnic shelter with tables, new park benches, a drinking fountain, security lighting, a recycled trash station, and landscape additions for the slope. Tot -lot improvements include a new play structure for a 5-12 year age group, new swings, spring bar, and new rubber and sand surfacing. Silver Tip a developed 2.98 -acre mini -park. Community outreach meetings were conducted with the City and community for design input, and recommendations. Improvements include an improved tot -lot to meet ADA accessibility requirements, a concrete pad with tables and BBQ's, a recycled trash station, security lighting, and landscape additions for slope areas. Tot -lot improvements include a new play structure for a 5-12 year age group, a new play structure for a 2-5 year age group, and new rubber and sand surfacing. Stardust a developed .91 -acre mini -park. Improvements include an improved tot -lot to meet ADA accessibility requirements, a picnic shelter with fables and BBQ's, a drinking fountain, a recycled trash station, security lighting and landscape additions for slope areas. Tot -lot improvements include a new play Cityy of Diamond Bar Design of Playground Area o Pelerson Park RFP Page 17 structure for a 5-12 year age group, new swings, and new rubber and sand surfacing. Contact: Bob Rose, Community Services Director, City of Diamond Bar, (909) 839-7030, 21825 Copley Drive, Diamond Bar, CA 91765. I ADG Project Manager: Jeff Chamlee REFERENCES 1. City of Diamond Bar, Bob Rose, Director of Community Development, (909) 839-7030, 21825 Copley Drive, Diamond Bar, CA 91765. Email: Bob.Rose@ci.diamond-bar.ca.us • Silver Tip, Stardust, and Longview Parks Retrofit Plans • Sycamore Canyon Trail 2. City of San Dimas, Krishna Patel, Director of Public Works,. (909) 394-6253, 245 East Bonita Avenue, San Dimas, CA 91773. Email: kpatel@ci.san- dimas.ca.us • Via Verde Park Tot Lot Redesign • San Dimas Downtown Revitalization Master Plan • Lone Hill Avenue Medians Xeriscape Redesign • City Plan Checking Services 3. City of Claremont, Kristin Mikula, Community & Human Services Manager, (909) 399-5433, 1700 Danbury Road, Claremont, CA 91711. Email: kmikula@ci.claremont.ca.us • College Park Irrigation Redesign/Retrofit • Shelton Park Water -wise Redesign • City Hall Campus Water -wise Redesign • Padua Park Bio-swale Design 4. City of Riverside, Randy McDaniel, Principal Park Planner, (951) 826-2006, 6927 Magnolia Avenue, Riverside, CA 92506. Email: rmcdaniel@riversideca.gov • Villegas Park and Community Center Renovation STATEMENT CERTIFYING INSURANCE COVERAGE ADG certifies that we currently meet or exceed the required insurance coverage for this project. We understand that proof of this coverage is a prerequisite for entering into an agreement with the City. Proposed Schedule of Work ®oom©muo©®rao©oom©mo©uo®©®©uo©©mo®o©©om®©o©©©©©©ooa®odoo©© m©mmmmmmmoo©©n®®nommmm�m®mmmm®mmmmmmmmmo®©n®nanomm®mmmm •�•■■■■■■�■n■■ a �•EiiCaii�C®C■iiiiiCnniC .0 CCCu®i �C C - C ®■■■■■MEN CIVREVEW m nn■■■■■■■■n■®■nn®■■■■■■■■■■■■n■■�■C■■■■■■■n®■■ m ==mmmmmmmm� ME�mmmmmm®■mmmmmmmmm�mmmo©m000■oamm�mm APPENDIX Turndown Curb Rubber Area = 9106 PULSAR CT, UNIT C CORONA, CA 92883 PIWIL� N0. 1A00.2E47225 .•.�VWn..P.,IG.39��uf.S N0. 1517-2153969 Peterson Park City of Diamond bar Sown Curb = 96' ler Area = 780 Sg.ft. MIRACLE. RECREATION E UIPhegT C mpF Eou�, �P� �_faE MIRACLE, REaR nON EQUIPMENT WMPu Limits of Optional Site Survey Madole and Associates s+t \ w t h1 h � S t T � ��I 1 1• P k �S✓ "^cam w� �_y L, ©oR e earth CITY COUNCIL Agenda # Meeting Date: May 3, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: Award of contract to Western Audi Visual, Inc., for new projector and screen at the Diamond Bar center, in amount not to exceed $55,000 — including contingency funds. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated funds in the FY15-16 budget for this expenditure. DISCUSSION: The City of Diamond Bar currently has a ceiling mounted projector in the Grandview Ballroom of the Diamond Bar Center that projects onto a flat white movie screen that rolls down from the ceiling. The ballroom is very large and filled with windows, and even with the use of blackout shades it is very hard to see a projected image on the screen during the day or early evening. Diamond Bar Center staff have observed that the image on the screen is dim. Many renters have commented that the equipment does not meet their needs. Also there have been comments about how the quality of the displayed image is not on par with the amount charged for use of the equipment. After previewing the quality of the projected images many renters opt out of using the equipment. In the recent past, some attendees commented that the slide presentation during the State of the City was hard to read. In brief, the existing projection system is inadequate for the room. The intent of this project is to replace the projector with a much greater intensity laser projector that projects a brighter and more focused image than the current unit. In addition the existing screen will be replaced with a highly reflective movie house style screen in order to increase the brightness of the image. Both the projector and the screen controls will need to be integrated into the existing Crestron system, and a new 220 electric service will be installed to meet the power requirements. How the Proposed Vendor Was Selected On Thursday January 28, 2016 a Request for Proposal package was sent to the following firms seeking responses to provide a proposal for a new Projector and new screen with installation and integration into the existing Crestron system at the Diamond Bar Community Center in the Grandview Ballroom. Mood Media Daryl Ballou Daryl. Ballou@MoodMedia.com 3860 Calle Fortunada Suite 100 San Diego, CA 92123 T: 800-331-3340 x26090 C: 951-453-1607 www.moodmedia.com GST Ken Peterson 12881 16th Street Cerritos, CA 90703 T: (562) 345-8765 F:(562)345-8714 Kpeterson(a)_q stes. com mi000_gstes.com www.gstes.com Spinitar Gil Gomez 16751 Knott Avenue La Mirada, CA 90638 T: (714) 367-2929 C:(714)944-0383 F:(714)367-2910 gilq(ailspinitar.com www.spinitar.com Western Audio Visual Hailey Schellin 1592 N. Batavia Street, Suite 2 Orange, CA 92867 T:714-637-7272 F: 714-637-7330 C:949-584-7028 haileys(a-_)wav1.com 2 kevinmCcDwavl .com www.wavl.com What Firms Responded to the RFP The due date for the proposal was March 17, 2016 at 2:OOpm. Only 3 companies submitted their proposal by the requested due date. The companies include the following: Mood Media Spinitar Western Audio Visual Total Price Comparison Company Total Price Western Audio Visual $44,902.68 Spinitar $51,148.77 Mood Media $56,229.73 RFP Vendor Ranking Rubric Selection of firms is based on a ranking rubric that takes into consideration many variables and weights them appropriately. Factors that are considered include the following: 1. Total Price (Maximum 45% weight) 2. Compliance with the RFP Submission Procedures and Comprehensiveness of the Response. (If significant items are missing or out of compliance this could be instant disqualification) (Maximum 20% weight) 3. Information Obtained from References (Maximum 25% weight) 4. Prior Experience of the Firm with the City of Diamond Bar (Maximum 10% weight) Findings Total Price: Each firm provided a price quote. The totals are ranked as follows: Western Audio Visual provided a total cost of $44,902.68 then Spinitar came in with a bid of $51,148.77 and finally Mood media came in with a bid of $56,229.73. 2. Compliance: The proposal from Western Audio Visual complies with all of the criteria set forth in the RFP document. Spinitar does not agree to the requirement for electrical plug conversion from an 110V outlet to a 240V outlet and therefore does not comply with the bid requirements. The proposal from Mood Media did not provide a great deal of the documentation that was requested in the Request for Proposal document. 3. References: A reference questionnaire was used to survey 3 references from Western Audio Visual. References from Spinitar were not called since they did not comply with the bid requirements. Mood Media did not provide a list of references as required in the Request for Proposal document. The scores from the questionnaire were totaled up and average total score was calculated. Western Audio Visual received an average overall score of 9.5. 4. Experience with the Firm: Mood Media has over 3 years of experience with the City of Diamond Bar as compared to Western Audio Visual and Spinitar who have no prior experience with the City of Diamond Bar. The Recommended Bidder The high score on the RFP Vendor Ranking Rubric shows Western Audio Visual with a total score of 90 out of 100. . Western Audio Visual is therefore recommended as the lowest cost responsible bidder to provide a new projector and new screen with installation and integration into the existing Crestron system at the Diamond Bar Center in the Grandview Ballroom is. They had the lowest total price, complied completely with the RFP criteria, and received a high score from their reference checks. Staff recommend a @20% contingency percentage due to the possible need to relocate the movie screen's ceiling mount box and related equipment which cannot be determined fully until construction is underway. It is recommended that the City Council award the contract to Western Audio Visual and authorize the City Manager to execute any needed change orders related to this project, and approve the disposal of the existing surplus property per City policy. Prepared by: Desforges, Director Financial Impact / Bids Reviewed by: AU � Attachments: A — Request for Proposal B — CODB BID/Quotation Worksheet Form C — Western Audio Visual Bid D — Mood Media Bid E — Spinitar Bid City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Employee Name: Alfredo Estevez Department: IS Extension: 7083 Date: 3/17/16 Account Number: Description of Item(s) or Service(s): DBC PROJECTOR & INSTALLATION Quantity: 1.00 VENDOR INFORMATION (3 BID/QUOTE MINIMUM) Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 1 Western Audio Visual 3/17/2016 (714) 637-7272 haileys(cDwavl.com Address 1592 N. Batavia Street, Suite 2 Orange, CA 92867 Contact: Hailey Schellin Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 2 Spinitar 3/17/2016 (714) 367-2929 gilo(a).soinilar.com Address 16751 Knott Avenue, La Mirada, CA 90638 Contact: Gil Gomez Vendor Name Date of Quote Phone Number: Method (email/fax/phone) 3 Mood Media 3/17/2016 800-331-3340 x26090 Daryl. BallouaMoodMedia.com Address 3860 Calle Fortunada Suite 100, San Diego, CA 92123 Contact: Daryl Ballou BID/QUOTE TABULATION Western Audio Visual Spinitar Mood Media Description: Quantity: Unit Price: Total: Unit Price Total: Unit Price Total: DBC PROJECTOR & INSTALLATION 1 $ 44,902.68 $ 44,902.68 $ 51,148.77 $ 51.,148.77 $ 56,229.73 $ 56,229.73 Subtotal: $ 44,902.68 Subtotal: $ 51,148.77 Subtotal: $ 56,229.73 Freight: Freight: $ Freight: Sales Tax: Sales Tax: Sales Tax: TOTAL: $ 44,902.68 TOTAL: $ 51,148.77 TOTAL: $ 56,229.73 The following Attachments are available for review in the City Clerk's Office during usual business hours Monday — Thursday, 7:30am to 5:30 p.m and Friday, 7:30 am to 4:30 p.m. A - Request for Proposal C - Western Audio Visual Bid D - Mood Media Bid E— Spinitar Bid REQUEST FOR PROPOSAL Diamond Bar Center Projector and Installation The City of Diamond Bar is seeking responses from qualified firms to provide Projector and screen installation with integration into the existing Crestron system. GENERALBACKGROUND: The City of Diamond Bar ("City") currently has a Projector in the Grandview Ballroom of the Diamond Bar Center that projects onto a flat white screen that rolls down from the ceiling. The existing projection system is inadequate for the room. The ballroom is very large and filled with windows so even with the blackout shades it is very hard to see a projected image on the screen during the day. The intent of the City is to replace the projector with a much brighter laser projector that projects a brighter and more focused image than the current unit. In addition the existing screen will need to be replaced with a high reflective screen to increase the brightness of the image. Both the projector and the screen controls will need to be integrated into the existing Crestron system. It is the intent of the City to have this work completed by the fourth quarter of the fiscal year (FY 2015116). SCOPE OF SERVICES Services will be provided for and administered through the Information Systems Department. Diamond Bar Center Grandview Ballroom Projection System Install a new Digital Projection HIGHlite Laser 11k Lumens WUXGA projector with the appropriate lens to focus a proper image from the ceiling mounted location of the projector on to the screen at the front of the ballroom. Install a Da -Lite HD Progressive 1.3 gain projector screen with a lifting and lowering mechanism in the existing space that is occupied by the current projector screen. Integrate controls for both the projector and screen into the existing Crestron system. Page 1 City of Diamond Bar Request For Proposal The power source available at the location of the projector mount is a 110V plug. The electrical outlet will need to be upgraded to meet the requirements of the projector. SUBMISSION PROCEDURES Qualifying proposals shall include the following: Binding Transmittal Letter Proposer must provide a cover letter (two pages maximum) signed by a party authorized to contractually obligate the proposer (and respective team members) to perform the commitments included in the proposal. The letter must also identify the name, title, address, telephone number, and e-mail address of the individual(s) responsible for such negotiations, if selected. Additionally, the cover letter should discuss the proposers overall qualifications and ability to meet the scope of services outlined in the RFP, name the individual proposed to serve as Project Manager, and include a statement guaranteeing the validity of the Cost Proposal for a period of 120 days beyond the bid opening. The letter shall also constitute certification, under penalty of perjury, that the Consultant will meet all City rules and regulations, and State and Federal nondiscrimination laws. An unsigned cover letter, or a letter signed by a representative unauthorized to bind the consultant may be rejected. 2. Technical Proposal The Technical Proposal shall include the following components: Introduction In addition to the name, mailing address, telephone number of the firm, and contact information for the firm's authorized contact person (telephone and e- mail address), provide an overview of the proposal demonstrating the understanding of the project and the objectives for completing the tasks identified in the scope of work. ii. Qualifications Provide a detailed account of the firm's experience and qualifications, including: • A description of the firm's capabilities and experience managing similar projects. • A description of the capabilities and experience of the proposed Project Manager and all on-site support staff, including brief resumes of each that highlight qualifications and abilities relevant to the project. An organizational chart identifying all key personnel, their specific project responsibilities, and the relationships/chain of command between staff and the Project Manager. Page 2 City of Diamond Bar Request For Proposal Identification of any subcontractors the proposer intends to employ in execution of the project, including name, address, telephone number, and name of contact person. Discuss the proposed subcontractor's role and provide information on subcontractors' experience performing similar work. All subcontractors are subject to the approval of the City. 3. Scope of Services Proposal must provide detailed information that clearly demonstrates the ability of the proposer to fully deliver the scope of services outlined in the RFP 4. Conflict of Interest The Consultant shall disclose any financial, business or other relationships with the City and County that may have an impact on the outcome of this contract or any resulting construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract. 5. Litigation Indicate whether the proposer or any team member or any officers or principals have been party to any lawsuit involving the performance of construction management duties and provide a summary of the issues and status of the lawsuits. 4. Cost Proposal The Cost Proposal shall include the following components: The firm's full, itemized, not -to -exceed cost proposal for the duration of the contract. A list of any additional or optional service costs not included in the not -to - exceed amount. 6. Agreement A copy of the Agreement is enclosed. The proposal shall include a statement that all terms and conditions of the Agreement including insurance requirements are acceptable. (See Attachment A) 7. References A list of at least 5 references for similar work; including contact person, his or her phone number and email address. SUBMITTAL DEADLINE Interested firms must submit a copy of the proposal via mail to: Mail: Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Page 3 City of Diamond Bar Request For Proposal Email: KDesforges(aDD iamond BarCA.gov Note: An optional site visit can be scheduled for February 22, 2016 between 8:OOam to 3:OOpm; for those interested in a site visit and walk through, please contact Alfredo Estevez. AEstevez(ZDDiamondl3arCA.gov. The envelope shall be clearly marked with the notation "DO NOT OPEN — PROPOSAL." The proposal shall be delivered to the addressee on or before 2:00 P.M. on March 17, 2016. INSURANCE REQUIREMENTS The City requires consultants doing business with it to obtain insurance, and proof of insurance must be provided within 30 days of notice of selection and prior to the commencement of any work on the project. The indemnity and insurance requirements are as follows. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the sole negligence or wrongful acts or omissions of City. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect the following insurance (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 minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. The 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 Page 4 City of Diamond Bar Request For Proposal that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City: (1) insurance certificates evidencing the required insurance and (2) insurance policy endorsements executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or on a substantially similar form which the City approves in writing or a copy of the policy evidencing that the City, its officers, agents, volunteers, employees, and attorneys are additional insureds. LEGAL REQUIREMENTS The selected proposer must comply with all Federal, State and Local laws and regulations including obtaining a City Business License. SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will consider the following: 1. Responsiveness and comprehensiveness of the response to this RFP. 2. The Firm's attendance to the Mandatory site visit. Experience of the firm. Proposer must have three (3) years' experience, within the last five (5) years, providing related services and supplies equivalent or similar to the services being requested by this RFP. 4. Demonstrated experience and qualifications of the proposed project Manager and experience and qualifications of on-site support staff. 5. Information obtained from references. 6. Reasonableness of the proposed fee. Page 5 City of Diamond Bar Request For Proposal 7. Ability to meet City contract requirements. (See Attachment A) The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the service contract 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. QUESTIONS All questions concerning this RFP should be directed to Ken Desforges, Information Systems Director at 909.839.7080 or by email (KDesforges@DiamondBarCA.gov). Page 6 City of Diamond Bar Request For Proposal Attachment A AGREEMENT (City Funds Only) Draft The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated Insert date) (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS I U tot C:UNSIUtKtU COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated (Insert date), together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the provisions of this AGREEMENT shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the 952059.1 1 Attachment A Draft work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within ( ) calendar days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of ($ ) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 952059.1 2 Attachment A Draft 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or 952059.1 Attachment A Draft deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR'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 CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 952059.1 4 Attachment A Draft 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by 952059.1 5 Attachment A Draft Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. (Optional) 13. TERMINATION: This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least 9520591 Attachment A D raft thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination and those reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No CONTRACTOR'S Business Phone: CONTRACTOR'S emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: [Name], MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY Date 952059.1 7 Attachment A Draft *NOTE: If Contractor is a corporation, the City requires the following signature(s): The Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 9saos9A 8 E to N L E O N O O N O �� m N m 07 o v a o N� o � o E�� o � o> Y N �-O N Q f� v QOj r N O WY aci��aL-• v�,aL,-, acio`3o � - wm�°Nro� C�� r a�o::m N Q N N N� N p N p � O. 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Average rating for Over All Service 9.33 Key comments: Average rating for Billing Service 9.331 Kev Comments: Average Rating for On Site staff Key Comments: Average Overall Recommendation 9.33 Key Comments: Over All Average Score 9.5 Western �IWdiaVlsaal Kevin Mahkom 639 Cone Del Abet. C..W, CA 92011 Phone: R60)d36406T Fax (7g0)430L066 Prepared for: COMPANY: City of Diamond Bar ATTENTION: Almada Estevez ADDRESS: 21010 Copley Drive Diamond Bar, CA 91765 TELEPHONE: 909-639-7083 FAXPHONE:- E-MAIL: ee barnlaldantondbamaoov ...nue Co... ol6ea: 1692 N. Batavia st, a --da Orange, CA...i Phone: Via) 637,461 Fax: (714)637-1330 DATE: Match 17, 2016 TERMS: NET30 FOB: DAAin.I1.a SALES TAX: 0.0000% DELIVERY: TBD QUOTE VALID: 30 Days REVISION: 1 WAV PROJECT N: TBD EQUIPMENT Grand View Ballroom - Projector & Screen Upgrade, Item Inty I Manufacturer I Model Descrl tion PRICE EXTENSION 1 Dieilal Project.. 115-204 HOUle,Laser WUXGA 39 Projector H 920x080) $ 22,997.00 S 22,997.00 1 Digital Projection 112-876 1.74-2.17 Zooms Lens $ 3,995.90 S 3,995.00 1 Premier Mounts PDM -UNI Ceiling Mount $ 40BOD $ 408.00 1 Da -Lite 24723LC 16:10 Motorized Projection Screen S 7,795.00 S 7,795.00 1 Creation OM RMC Control prOcessar $ 420.OD $ 420,00 1 Wamern AV MN.. Cables and C...c.Iors $ 96.9D S 9600 EQUIPMENTSUB-TOTAL It 35,711.00 SHIPPING AND HANDLING $ 110.00 TAX $ 2,865.66 NON -EQUIPMENT Engineering, Drafting B DSP S - ControlProgramming S 1,064.00 Project Mana9emem $ - Staging 8 Assembly $ InaWllatwo B Testing $ 5,152.00 Training $ - 1 Year Wanenty $ - SubContad $ - G&A $ - Electronic Wasle Recycling Fee $ - NON -EQUIPMENT TOTALS $ 6,216.00 PROPOSALTOTAL S 44,902.68 Baslc WarnMy: TM AV sy9em twarranted against al defWs.f M.&I and Wi,inn—hip, as a i,eard, as w D. adW.almmponeM; hr a podod of 9n Cap aper date of arceplanre alot Used if nd,,JnI marularuam eananry luir p iamenl for a louder Pend. Ne mhrwrectaAea wartmly will appV.. unless Extended Wanan" Ptchased. Notes: Cooler service visits are billed a1$12000 Per men hour(2-hour minimum We charge). TMs quote is a minimum eslantue only. Actual Oma B materials to be charged after servicecae is complete. AUTHORIZED SIGNATURE DATE ceodpm a c..r,4..u. Past Reference Questionnaire Company Name: I City of Temecula Contact Name: Jonathan Hall Address: Phone Number: (951) 308-6323 E-mail: Jonathan. halt@cityottemecula.org Are you a current customer of Western Yes Audio Visual? Are you satisfied with their overall service? 10 On a scale of 1-10 1 being lowest and 10 being highest. Comments: How would you rate the quality of their billing service? 10 On a scale of 1-10 1 being lowest and 10 being highest. Comments: you ever had a billing dispute? If yes are you satisfied with how it was resolved? Never anv issues How would you rate the quality of their on site technicians? 10 On a scale of 1-10 1 being lowest and 10 being highest Comments: Have you ever had any problems with their Technicians? Never Would you recommend this company? 10 On a scale of 1-10 1 being lowest and 10 being highest Comments: Are there any aaaltional issues you woula Me Us to Know d00Ut: They are very flexible and knowledgeable. Their cabling is clean and organized. Their labeling makes it very easy to work on the system. Reference Questionnaire Company Name: I City of Chino Contact Name: I Carolyn Baltzer Address: Phone Number: (909) 334-3401 E-mail' cbaltzer@dtyofchino.org Are you a current customer of Western Yes Audio Visual? Are you satisfied with their overall service? $ On a scale of 1-10 1 being lowest and 10 being highest. Comments: How would you rate the quality of their billing service? 9 On a scale of 1-10 1 being lowest and 10 being highest. Comments: Have you ever had a If ves are you satisfied with how it was How would you rate the quality of their on site technicians? 9.5 On a scale of 1-10 1 being lowest and 10 being highest Comments: Have you ever had any problems with their Technicians? Never had any problems with any technician Would you recommend this company? 9 On a scale of 1-10 1 being lowest and 10 being highest Comments: Are tnere any additional Issues you would like u5 Lo Know dooUl: All of their staff is very knowledgeable. They currently maintain the council chambers and other conference rooms. They do good work Reference Questionnaire Company Name: City of Brea Contact Name: Liz Ph iris Address: Phone Number: 1 (714) 990-7706 E-mail: I lizp@cityofbrea.net Are you a current customer of Western Yes Audio Visual? Are you satisfied with their overall service? 9 On a scale of 1-10 1 being lowest and 10 being highest. Comments: How would you rate the quality of their billing service? 9 On a scale of 1-10 1 being lowest and 10 being highest. Comments• They are very responsive Have you ever had a billing dispute? No If ves are you satisfied with how it was reso How would you rate the quality of their on site technicians? 10 On a scale of 1-10 1 being lowest and 10 being highest Comments: Have you ever had anv problems with their Technicians? Would you recommend this company? 9 On a scale of 1-10 1 being lowest and 10 being highest Comments• Are tnere any aaaltlonal issues you woutu tire us w Knuw auum. Their communication is great. They are very responsive and are willing to do a lot of hand holding to make sure the project is successful. TIMETO Mp r� _ I Ali: d 4 0IMIlo�risu Company Profile 1592 Batavia Street, Suite 2, Orange, CA 92867 WWW.WAV1.COM 6353 Corte del Abeto,Suite 106,Carlsbad, CA92011 P:(714)637.7272 F:(714)637-7330 P:(760)438-1200 F:(760)438.0066 OUR SERVICES Western Audio Visual is a Full Service Systems Integration Company providing the Design, Engineering, Installation and Service of sophisticated Audio Visual Systems. Providing turnkey solutions for: * BOARDROOMS & CONFERENCE ROOMS * TRAINING ROOMS & CLASSROOMS * COMMAND & CONTROL CENTERS * AUDITORIUMS & LECTURE HALLS * VIDEO CONFERENCING CENTERS * COUNCILCHAMBERS * DIGITALSIGNAGE 2 P -------------------- o AV INSTALLATION &TRAINING o 6----------- -------J Our staff of highly trained technicians ensures our clients receive the utmost quality & professionalism during the installation phase. With a focus on constantly improving, Western AV technicians hold certifications with all major manufacturers. Leveraging years of experience with an unmatched attention to detail, our staff of dedicated technicians are well equipped to perform at a high level. Upon completion of each installation, a certified Western AVtminerwill hostend usertraining sessions. These training sessions give clients the ability to use the AV systems in a comfortable, stress free environment. Once complete, our clients will have all the tools necessary to present, collaborate, and communicate using the most up to date audiovisual technology. p o o ©a o e e o o e e ------ o ------ DESIGN: BUDGETING: NEEDS oemeeDESIGN:BUDGETING:NEEDS ANALYSIS m---------- =-------------a 7 The first step in any new audiovisual project is identifying the functionality required whilecreating a realisticAV budget to work from. WesternAV'steam of design specialists works with each clientto define the needs of individual users and ultimately, configure what technology is needed to create collaborative, easy-to-use, future proof meeting spaces. ----------------- PROJECT MANAGEMENT Ivo®eo-----------' Western AV understands that upfront planning and coordination throughout a project will ensure its ultimate success. A PMP certified project manager will be assigned to every new project. Our project managers oversee all aspects of the installation from communicating infrastructure with various trades (architects, general contractors, etc.) to scheduling the installation team and ensuring all systems are installed on time and within budget. SERVICE CUSTOMER SUPPORT Western AV understands the importance of limiting downtime related to any installation and our team of Service professionals are available 2417 to support our clients when the need arises. In addition to technical support, parts replacement and equipment repair, Western AV's service team offers a variety of customized Preventallive Maintenance Plans to safeguard your audiovisual investment. Some of the Customer Support Services thatwe provide are: Direct phone numbers with all phones forwarded to individual cell phones for a better access to Western's personnel. - CompleteTraining Sessions tailored to specific end-users requirements. organized and complete system documentation with everysystem. 24-HourTechnical Support with all Maintenance and Service Plans. Standard and Customized Maintenance and Warranty Service Programs. _dErlt y,a4 " J9SCHELLIN GENERAL MANAGER In 1986, Mr. Schellin started J*O*S Projection Systems, Inc. which provided Integrated System Solutions to a diverse clientele. Some of these clients included: NASA JPL, Intel, Hughes, Motorola, Northrop, Charles Schwab, as well as all Branches of the Military. With offices in Los Angeles, San Diego, and Phoenix,J*O*S primarily served the Southwestern U.S. In 1998,J*O*Swan acquired bythe largestAIVcompany in the U.S.totransition them into the System Integration business.As part of the sale Mr. Schellin remained on board till 2001 asVice-President, Systems Integration Group, Mr. Schellin is an alumnus of Pepperdine University, where in his senioryear he was drafted by the Oakland Athletics. His career with the Athletics lasted a brief 3 years at which time he began his career outside athletics in the mainframe division of National Semiconductor. Mr. Schellin left National Semiconductor in 1986 to startJ*O*S Projection Systems, Inc. STEVE HOLLINOSWORTH PROJECT PRINCIPLE, DMC -D With a Business Administration degree from San Diego State University, Steve began his career with the San Diego Padres as a Project Manager in the Stadium Operations Department, acting as a liaison between the Padres, Major League Baseball, the City of San Diego and Service America. Steve has been involved with the Audio Visual industry since 1994. He hasworked as a System Designer, Salesperson, Project Manager and Regional Manager in the industry. He started out with J.O.S. Projection Systems in 1994 and was partof the group that was acquired by MCSi in 1998. Whi le there he ran the most successful region in the company. His experience working on large, high profile projects has impressed industrypeers as well as clients. Due to his broad technical knowledge, Steve has the ability to solve complex integration challenges.The key phrase "Experience is Golden" certai my applies to him, and gives his clients the greatest benefit of all.The biggest compliment anyone can get is repeat customers. Steve has continued to do business with many of his first clients from 1994. Some of these clients are: Northrop Grumman, National University, Biogen Idec, Allergan, Cal State Fullerton, SAIC, US Navy, IBM, Conexant, HBO, Intuit, City of West Hollywood, City of Tustin, City of Temecula. ERIK W DIRECTOR OF ENGINEERING WAMP-TESIRA, CTS -D, DMC -E With an AA degree in Electronics, Erik has more than 17 years of industry experience with a specialization in City Council Chambers. He has done over30 Council Chambers in the past couple years. He started his career in the AN industry with Ampro in Florida before moving to California and working with J.O.S. Projection Systems. He has performed many differentjobs in the Audio Visual world including -final setup technician for CRT projectors, Service Technician, Project Manager, System Designer, System Sales, Engineer and currently Director of Engineering. He has many certifications including those from Biamp, Crestron, Christie, AMX, Panasonic as well as others. Erik also holds a CLS -D certification from InfoComm International. He has designed many high profile projects including: ConAgra Foods, Intel, Nobel Biocare, UCLA School of Medicine, Allergan, DWP, SDG&E, City ofTemecula, City of Murrieta, Unocal, and Genentech. He specializes in projects ranging from $750,000 to $2,000,000. Erik is considered by many in our Industry as one of the top engineers in the country. He has done over 100 projects for cities and counties. PHILLIP ALDERSON ENGINEER CTS, DMC -O, BIAMP-TESIRA, PLANAR Phillip has 14 years of experience in the Audio Visual industry. During which time he has had many different job functions such as Installation Supervisor, Project Manager, Field Engineerand Sales Engineer. His certifications range from Clearone, Lutron, Extron,AMX, Scala and Polycom. He has been a part of projects ranging from Corporate, Government, Higher Education, as well as Performing Arts. Some of these projects were forTaco Bell, Herbalife and various colleges throughout Southern California. He is currently doing a project at the city of Santa Clarita. SHELBY TOAL PROJECT MANAGER, PMP, DMC -D Shelby has 16 years of experience in the Audio Visual industry. Before joining the Audio Visual industry, Shelby was a Sergeant in the Marine Corp. for 6 years. He started his careerat MCSi and hasworked for a couple other large Integration companies before arriving at Western Audio Visual. He is Sr. Project Manager designated as the training coordinator for all new hires. His experience isfull range starting with simple systems and the past 7 years spent on all large scale projects. Some of these projects include: Herbalife•LA Live ($1.5 million),Taco Bell ($1 million), UCLA Medical Center, USC Medical Center, Mayo Hospital, City of Hope, Cal State Univ., Dominguez Hills, UC Irvine. Shelby received his PMP certification from Project Management Institute. He is the only one of two on the West Coast in the Audio Visual Industry. He has done many city and county projects Including City of Irvine, City of Fullerton, CityofTemecula, City of West Hollywood and City of Murrieta. Currently he is running projects at the City of Brea, City of Carlsbad, City of Chino, City of Walnut and the City of Westminister. KEVIN MAHKORN SERVICE MANAGER, DMC -O Kevinstartedinthe industryin12007working asaProject Coordinator. Kevin worked directly with the project management& engineering teams on all new & existing projects. His attention to detail, knowledge of installation requirements in the field and coordination with end users made Kevin an integral part of the technical services department. In 2009 Kevin was promoted to Service Manager where he was tasked with building and maintaining a fully functioning service department During that time Kevin received great praise from clients &.colleges by providing outstanding service and support. Kevin has a loyal following of customers that have followed him through his career. He is recognized by many of our industry suppliers as the top in his field and have continued to steerthere service business Kevin's way since it has had such a positive effect on their business. Kevin has worked on many high profile projects such as: Taco Bell corporate headquarters, Herbalife LA Live, Mettife,WATG, Intuit, Children's Hospital Los Angeles, Citrus College, Cerritos College, Bank of America and City of Temecula. He currently is handling 22 different city maintenance contracts. JEFF SCHELLIN PROGRAMMER - AMX-ACE CERTIFIED CRESTRON,DMC-O Jeff has worked in the Audio Visual industry since 1989 staring out with J.O.S. Projection Systems. He has performed many different functions on the Integration side from System Designer, System Sales, Project Manager, Programmer and Director of Programming. When at MCSi he managed and trained all the programmers. He is a certified programmer on Crestron and AMX systems (ACE Certification). Some of his projects include: State Farm Insurance, Biogen Idec, Cal Trans District 12 Traffic Management Center, TRW, Northrop Grumman, American Red Cross, USAir Force, City of Carlsbad, Unocal, Allergan, Genentech, Conexant, and UCI Traffic Management Center, City of Victorvi Ile, City of Hesperia, City of Murrieta. MARK BLINDAIJER BIAMP-TESIRA, DMC -T, DMC -E, CTS -1, CRESTRON CERTIFIED IMark has over 14 years of experience In the Audio Visua I industry. He started in the rental/staging wo rid, and then moved into the integ rat! on side. He has numerous certifications including, CTS, CTS -I, Crestron DMC -T. He is also Crestron Programming Certified. He has worked on many city projects including City of Temecula, City of Upland,City of Glendora, City ofVictorville and City of Chino Hills. RAYSTEVENS SERVICE TECHNICIAN, DMC -D, BIAMP-TESIRA Ray started in the Audio Visual industry in 1998 as an Engineering assistant. He has performed manyjob functions overthe 14 years. Some of these roles were Installation technician, service coordinator, inside sales and Project Management. Ray holds certifications for Crestron Programming, Crestron DMC -D, Hilti, OSHA. Some of his clients include: Intuit,American Career College, Citrus College, Southwestern Law, Irvine Ranch Water District, City of Tustin, City of Chino Hills, City of Upland and many others. Contractor license H: 871609,C7 HUMCOMPANY PROFILE Western Audio Visual (WAV) is a design -build audiovisual firm specializing in the design, engineering, installation, and service of corporate audiovisual systems. Our team is made up of highly recognized industry veterans with over 30 years of experience integrating solutions within Executive Boardrooms, Conference Rooms, Corporate Auditoriums, Training Rooms, Video Conferencing Suites, and Command/Control Centers throughout Southern California. Starting with AV budgeting exercises and following through to post installation support, the Western Audio Visual team is well equipped to take any projectfrom it's design stage to final installation. �Wcstern rrsuai tern Awuibl Cost Proposal Scope of Services 1592 Batavia Street, Suite 2, Orange, CA 92867 WWW.WAV1.COM 6353 Corte del Abeto, Suite 106, Carlsbad, CA 92011 P:(714)637-7272 F:(714)637-7330 P:(760)438-1200 F:(760)438-0066 Cesterl OAVIdleffiWal 3/16/16 City of Diamond Bar 21810 Copely Drive Diamond Bar, CA 91765-4178 Scope of Services: • Install anew Digital Projection HIGHlite Laser 11k Lumens WUXGA projector with the appropriate lens to focus a proper image from the ceiling mounted location of the projector to the screen at the front of the ballroom. • Install a Da -Lite HD Progressive 1.3 gain projector screen with a lifting and lowering mechanism in the existing space that is occupied by the current projector screen. • Integrate controls for both the projector and screen into the existing Crestron system. • The power source available at the location of the projector mount is a 110V plug. The electrical outlet will need to be upgraded to meet the requirements of the projector. 1592 Batavia Street, Sul te 2, Orange, CA 92867 WWW.WAV1.COM 6353 Corte del Abeto, Suite 106, Carlsbad, CA 92011 P:(714)637-7272 F:(714)637-7330 P;(760)438-1200 F:(760)438-0066 City of Diamond Bar 21810 Copley Drive Diamond Bar California 91765 Subject: Audio Visual System Grandview Ballroom March 16, 2016 Attached herein is the requested proposal & audio visual scope of work. This scope has been assembled based off the request for proposal from the City of Diamond Bar and can be refined as needed. Western AV acknowledges and agrees to the terms listed in attachment A of the request for proposal. Based on our experience and expertise, this solution is both forward thinking and encompassing of today's available technological advances. Thank you for the opportunity to support the City of Diamond Bar and the success of this project. Sincerely, Kevin Mahkorn Service Department Direct: (714) 637-4461 kevinm()wav1.com stere Audio Visual Carlsbad • 5365 Avenida Encinas Suite G, Carlsbad, Ca 92008 • Tel: 760-438-1200 • Fax: 760-438-0066 Orange • 1576 N. Batavia St, Suite 2, Orange, Ca 92867 9 Tel: 714-637-7272 • Fax 714-637-7330 01AMI I 10 Recent Projects O References 1592 Batavia Street, Suite 2, Orange, CA 92867 P:(714)637-7272 F:(714)637-7330 WWW.WAV1.COM 6353 Corte del Abeto, Suite 106, Carlsbad, CA 92011 P:(760)438-1200 F:(760)438.0066 westeni FM 0 Recent City & County Projects City Projects: 1. City of Beaumont 2. City of Big Bear Lake 3. City of Brea ($345K) 4. City of Buena Park 5. City of Carlsbad ($375K) 6. City of Chino ($165K) 7. City of Chino Hills 8. City of Corona 9. City of Covina 10. City of Downey 11. City of EI Monte 12. City of Encinitas 13. City of Fullerton 14. City of Glendora 15. City of Hesperia 16. City of Huntington Park 17. City of Irvine 18. City of La Puente 19. City of Laguna Beach (140K) 20. City of Lomita 21. City of Manhattan Beach 22. City of Moreno Valley 23. City of Murrieta ($25K) 24. City of Ontario 25. City of Perris 26. City of Rancho Palos Verdes ($300K) 27. City of Riverside 28. City of San Clemente 29. City of San Juan Capistrano 30. City of San Marcos (400K) 31. City of Santa Clarita ($20K) 32. City of Signal Hill 33. City of Solana Beach 34. City of Temecula 35. City of Tustin 36. City of Upland 37. City of Victorville 38: City of Walnut ($29K) 39. City of West Hollywood 40. City of Westminster 41. City of Whittier 42. City of Yorba Linda County Projects: 1. County of Los Angeles 2. County of Riverside 3. Co. of San Bernardino ($825K) 4. County of Safi Diego 5. San Diego Medical Examiner 6. San Diego District Attorney 7. Irvine Ranch Water District 8. Columbia Space Center 9. Reg. County OCC Center ($120K) 10. LA County Bar Assoc. Blue indicates projects in progress Red indicates maintenance contracts 1592RalavlaSUM. sulte2,9tange,CA92067 www.wovi.com 6353 Carte del Aheto,5uilp106,{vrP5WXA92011 P:(714)637-7272 F:(714)637-7336 P(760)43a1200 r.JI601430-4066 m R w L,� i- _-_ CITY OF BBEA 1 .m �ersm q ^• � o'v� CONTRACT AMOUNT: $315,000 COMPLETION DATE: JANUARY 2016 SENIOR MANAGEMENT ANALYST (7141990- 7706 fi LIZP@CITYOFBREA.NET PROJECT 11ESCRIPTI1111I THE CITY OF BREA CHOSE TO WORK WITH WESTERN AU0IO VISUAL FOR THEIR UPGRADE PROJECT IN THE COUNCIL CHAMBER. THE MAIN FOCUS OF THEIR UPGRADE WAS TO IMPROVE THE QUALITY OF THEIR AU0IO SYSTEM. TO ACCOMPLISH THIS, THEY IMPLEMENTED A BIAMP TESIRA DSP. PART OF THIS NEW AUDIO SYSTEM INCLUDED A NEW AOA COMPLIANT ASSISTED LISTENING SYSTEM. THEY ALSO UPGRADED THEIR DUAL REAR PROJECTION SYSTEM WITH TWO 8.500 LUMEN PROJECTORSAN ADDITION. THEY ADDED ALL NEW LIGHTING FROM BRIGHTLINE. TO HELP ENHANCE THEIR IMAGES BEING SENTTO THEIR BROADCAST. CONTROLLING EVERYTHING IS AN AMX ENOVA CONTROL SYSTEM. E CITY OF WEST HOLLYWOOD COUNCIL CHAMBERS & BROADCAST STUDIO • ne.ox 11 Jr on M w6t 0,,— " 1'1 CONTRACT AM OU NT: $750,000 COMPLETION DATE: NOVEMBER 2012 KEyanh?ig?i�nieho oi9 323-8,186388 Aspoiu)1�stHollywood library, Western AVinstalled thisstate-of-artCouncil Chambers and Bioadcast studio_ At the heart of the system is a alstom CreStlon control system which allows the Deputy City Cle k to take complete control of all functions of the system including lighting c011001, full miuophone conrol and all recording functions. A variety of sconces including DVD playback, Document Camera, Laptop connections, Network PC and the local broadcast feed can be projected on the 108 x 192'ptojection system Using a 10,000 Lumen, high resolution Digital Projection DLP piojectol.ln ad(111ion, all sources can also be displayed on 19" monitors, located atthe council dais and stall locations. These same monitors are used for voting aswell. All video and audio signals are routed to the local cable ennipar y for pUblic broadcast using a Tightrope Media System eventscheduler. The C.Iblecast also provides all content for the local PEG channels. All meetings are streamed to the Giamcus website foi aiddved playback as well. All voting functions and paperless agenda are handled by the Gianicos system aswell. An audio recording system saves all of the proceedings on the network computer for dictation at a later time if necessary. All HD Cammas are transmitted to the broadcast studio where all events are mixed and clistiibutecl to digital storage for archival and playback purposes. i I - FULLERTON COUNCIL CHAMBERS —1 CONTRACTAMOUNT: $175,000 COMPLETION DATE: OCT. 2014 karenkQolullenmicam 7147386 -OB PROJECT PROJECTUSCRIPTION The City of Fullerton biied 1Nestern Audio Visual to down upgrade to their aging Council Chamhers.The upcnacie Incluclecl carreias. hroacicastautomation, projector and microphones. _f9 —1 CONTRACTAMOUNT: $175,000 COMPLETION DATE: OCT. 2014 karenkQolullenmicam 7147386 -OB PROJECT PROJECTUSCRIPTION The City of Fullerton biied 1Nestern Audio Visual to down upgrade to their aging Council Chamhers.The upcnacie Incluclecl carreias. hroacicastautomation, projector and microphones. e\, \ W _ --�N4_. uou CITY OF TEMECULA a n 1 ■ CO NTRACT AM OU NT: $1.2 MILLION COMPLETION DATE: NOVEMBER 2011 jonalhan hatCluevaftemeadamig 451-303-6323 As part of the new City Hall fadlity, the City of Temecula installed this state -of -art Multimedia piesentation and Voting system AltheheanofthesystenlisacustonlAMXcorrtrolsystenlwhichallowstheDepulyCityClelktotakeconiplete oanhol of all fundim�s ofthe system inducling lighting control, full microphone control and all recording functions. A valiery of smuces including VHS playback, DVD playback, Doanlleot Camera, Laptop computer, Network PC and the local broadcast feed can be projected on the 195" cliagonal RPVisuals rear projection system using a 10,000 Lumen, high Ie5Oluti0n PanasO^ic DLP Projector. In addition, all sources can also be displayed on 19" monitors, located at the council dal5 and Staff lOGINJIS. Tliesesame monitors are Used forvotiog aswell. Ail video and audiosignalsarerOuted to the local cable company for publ broadcast using a Leightronix Nexus eventschedulec The Nexusalso proviclesall content for the local PEG channels. All meetings are streamed to the Site website for archived playback as well. All voting functions ano paper Iess agenda are handled by the Site system as well. Ali acidic) Word llg system saves all Of the proceedings on the network computer for didation ata lateoinle if uecessary.The system notonly allows more e�.aerl conummicatiOn c:ithin the Council Chambers clueing proceedings, but provicles the public with more of the infon»ation that is being presented doling the bimonthly nieetingswithin the Cily ofTeniecula Cotmcil Clianihers. WORK CITY OF CHINO COON t LNI CIL CHAMBERS ■ CONTRACTAMOUNT: $225,000 DESIGNER: ERIK WILSON, WESTERN AUDIO VISUAL cbalReiOGP7ofchino oiq 909-334 3401 PROIECTDESCRIPTIOM amity of 011110 CnUO(II Cha mims incorporates two large flat screen displays. At the dais they have touch zieen, rail-ich Alm%all the council mernims to control the audio visual system. r-ISI A�l Equipment Specification 1592 Batavia Street, Suite 2, Orange,CA92867 WWW.WAV1.COM 6353 Corte del Abeto, Suite 106, Carlsbad, CA92011 P:(714)637-7272 F:(714)637-7330 P:(760)438.1200 F:(760)438-0066 DIGITAL PROJECTION HIGHlite Laser 11 k WUXGR 3D 11,000 ANSI Lumens I Contrast Ratio: 2,000:11 Part NO 15-204 DIG17 Specification Sheet Colour System: DMD Specificatiom_ 3 -chip DLP® 1920 x 1200 pixels native, +/-12° tilt angle Fast transit pixels for smooth greyscale and improved contrast. Display Type: _. _ Aspect Ratio: •-:.- -- - 3 x 0.67' DarkChipTM DMDTM 16x10 Fill Factor 87% Key Features Video & Graphics Processing • HDMI 1.4 for Side by Side, Frame Packing & Top Bottom Formats. • Dual Flash Processing can be used to multiply the displayed frame rate for 3D sources (example 144Hz display). • Dual Pipe Processing: Two sources in parallel for Left and Right Eyes. • Synchronisation of active glasses or polarising switcher. • High Bandwidth Digital & Analog Receiver with 10 Bit A -D. • 3GSD1 with loop -through. • The projector automatically detects interlaced video and implements 3:2 or 2:2 extraction as appropriate, with pixel based, motion adaptive interpolation and auto cadence correction. • 24p and 1080p native display. Geometry Correction • Non-linear Warp adjustment by moving points on an interpolated grid. • Cornerstone, Vertical & Horizontal Keystone, Pincushion _& Barrel, -and Image Rotation.--- • Blanking control for custom input window sizing. Edge Blending • Correction for non-active pixels at the edge of the display. HDBaseT® Interface • Built in support for transmission of uncompressed High Definition Video over standard CAT5e/6 LAN cable. • Allows projector to be placed up to 80m from source with low cost cabling. ColorMaxTM • Accurate matching of projectors in tiled or blended applications. • User selection and storage of primary and secondary color targets. Projector Controller Software • Intuitive user interface for network control • Simultaneous control of user -defined groups of projectors • At -a -glance monitoring of projector status • Warp control. Source Compatibility: HDMI including Deep Colorv4 processing and 3D standards. Dual Link DVI accepts graphics standards up to 1920 x 1200 at 120Hz. 3GSDI is SMPTE 292M, SMPTE 259M -C and SMPTE 424M compliant. Graphics standards up to 1920 x 1200 resolution at via DVI, HDMI or VGA. Component Video (SD and HD) via YPrPb or RGB. Inputs/Outputs Video_ & Computer 110-808 1.16 :1 fixed HB Communication & Control 1 1.45-1.74:1 zoom He Type Connector Qty Type Connector Qty HDMI 1.4 HDMI 2 3D Sync Out BNC 1 DVI - Dual Link DVI -D DVI 1 3D Sync In BNC 1 HDBaseT RJ45 1 LAN (see HDBaseT) RJ45 1 3G -SDI In BNC 1 RS232 9 -pin D Sub 1 3G -SDI Out BNC 1 Wired Remote 3.5mm Stereo 1 VGA 15 -pin D -Sub 1 12V Trigger Jack 2 Component Video 3 x BNC 1 Service Port 3.5mm Stereo 1 Component Video 3 x RCA 1 Jack NOTE: The LAN port is USB Type A shared with HDBaseT. 3D Formats Supported -.HDTV Formats Supported Frame Packing 1080p (23.98Hz, 24Hz, 25Hz, 29.97Hz, 30Hz, 50Hz, Dual Pipe 59.94Hz, 60Hz), 1080i (50Hz, 59.94Hz, 60Hz), 720p Frame Sequential (50Hz, 59.94Hz, 60Hz) Side By Side (half) Top and Bottom uter Compatibility Bandwidth Up to 1920 x 1200 170 MHz on analog RGB 165 Megapixels per second on HDMI and DVI 297 Megapixels per second on Dual Link DVI Remote Control Automation Control Addressable IR remote control, wireless and wired LAN On -Board keypad RS232 Colour Temperatures User selectable from 3200 to 9300K Lamp Type Laser Light Source 20,000 hours Lnses Lens Part No. 0.77 :1 fixed HB 110-808 1.16 :1 fixed HB 110-809 1.45-1.74:1 zoom He 110-803 1.74-2.17:1 zoom HB 112-878 2.17-2.90:1 zoom HB 113-852 2.90 - 4.34: 1 zoom He 110.806 4.34 - 6.76: 1 zoom HB 110.807 Lens Mount Motorised shift, zoom and focus. Mechanical Mounting _ Front/Rear Table Front/Rear Ceiling Adjustable Front/Rear Feet Power Requirements Focus Range Lens Shift 1.3m -15.Om Vert 0.2 (U) 0.2 (D) frame, Hor. 0.05 (L) 0.05 (R) frame 1.4m - 25.Om Vert: 0.2 (U) 0.2 (D) frame, Hor: 0.05 (L) 0.05 (R) frame 1.8m - 9.3m Vert: 0.6 (U) 0.6 (D) frame, Hor: 0.15 (L) 0.15 (R) frame 2.2m -11.8m Vert: 0.6 (U) 0.6 (D) frame, Hor: 0.15 (L) 0.15 (R) frame 2.7m -15.4m Vert: 0.6 (U) 0.6 (D) frame, Hor: 0.15 (L) 0.15 (R) frame 3.6m - 22.5m Vert: 0.6 (U) 0.6 (D) frame, Hor. 0.15 (L) 0.15 (R) frame 5.5m - 35m Vert: 0.6 (U) 0.6 (D) frame, Hor: 0.15 (L) 0.15 (R) frame Orientation Table Top or Inverted: Yes Pointing Up: Yes Pointing Down: Yes Roll (Portrait): Yes Power Consumption 200 - 240VAC 50/60Hz single phase 1600W Thermal Dissipation - - - - - Fan Noise 5027 BTU/Hour 48 dBA Operating/Storage Temperature — -- -- - - Operating Humidity Operating: 0 to 35C (32 to 95F) Storage: -20 to 60C (-4 to 140F) 20% to 90% non -condensing eight (Chassis Only) -Vil---- - - - Di mensions_ 46.5 kg _ H: 29.0 cm W: 55.2 cm L: 67.0 cm (88.7 cm wrens hood) 102.5 Ib H: 11.4 in W: 21.7 in L: 26.4 in (34.9 in w/lens hood) Safety & EMC Regulations -� CE, FCC Class A, UL, CCC, KC Accessories — - - - - -- Accessory Part No. RapidRig' Frame 116-913 Swivel Truss Mount for rigging frame - fully adjustable for up to 150 kg 115-926 Ceiling Mount Kit w/plate & 500mm pole 112-942 Infrared Remote (replacement) 115-758 Swivel Truss Mount Kit- fully adjustable for up to 50kg 116-201 Replacement Filter Set 115-761 'Dlmensions included for reference only and are subject to change. Please download the full set of CAD riles for this display for more accurate information. W PDF CAD Drawings AUTOCAD Drawings User Guides Important Information Specifications subject to change without notice. Digital Projection version: -02016 Digital Projection. DLP@, Digital Light ProcessingTM and DMD are trademarks of Texas Instruments, Inc DIGITAL PROJECTION, LTD GREENSIDE WAY, MIDDLETON MANCHESTER, UK. M24 1XX r: +44.161.947.33001 P. +44.161.684.76741 www.digitalproiection.m.uk DIGITAL PROJECTION, INC 55 CHASTAIN ROAD, SUITE 115 KENNESAW, GA. 30144 F'. 770.420.13501 F: 770.420.13601 wwwAigitalmolection.com DIGITAL PROJECTION, CHINA TOWER C, RM C1202, CAI FU JIAYUAN, NO. 19 XIA0 YING STREET, CHAOYANG DISTRICT BEIJING, DR CHINA 100101 r: +86.10.582397711 F: +8610 58239770 DIGITAL. PROJECTION, ASIA 16 NEW INDUSTRIAL ROAD, #02-10 HUDSON TECHNOCE_ NTRE SINGAPORE 536204 r: +65.6284.11381 F: +65.6284.1236 m Da -Lite Screen Company Case Length w/Flange 194.25" reserves the right to change specVicutionswithoutnotice. Case Length 192.25' lob Name; Notes: Black Drop 1zoD- Options: With WE Total Height 119.00" Viewable Height 193.50" Nominal Diagonal 10250" Special lnstmdions: HD PROGRESSIVE 1.3 �,g 2.00{ -Bottom Black Border Width 3.2+` p Viewable Width 164.00" I "2,50"S1at Bar Height Ilf:•�—Fabric WidtA 17050"�hj� Slat Bar Length 172.00" Dealer Name:TBD Fabric Case Color. White Contact: ®• Tensioned Large Advantage Phone R. PHONE (800) 62Z-3737 Faw No: FAX(574)267-7804 Da L"Ne Screen Company 3/ll/2Di6 Drawings are not to scale Sween Details Vievnng Area: 102.51 x 164" Blade Drop: 12.00" 2.25" — 192.00" I Case Opening Length not to sc i'.e�m m 0 �-- I ie� Western N-VAND Final Western AV Contractor Documentation 1592 Batavia Street, Suite 2, Orange, CA 92867 WWW.WAVI.COM 6353 Corte del Abeto,Suite106,Carlsbad, CA92011 P:(714)637.7272 F:(714)637-7330 P:(760)438-1200 F:(760)438-0066 CERTIFICATE OF LIABILITY INSURANCE °iiiiazo 5 TWE OF INSURANCE JINSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Denise K Hudson Insurance Agency, Inc. - CONTACT NAME: Denise Hudson PHONE E .(7141633-6118 FAX Ni: 17141633-3720 License # 0686530 EMAIL ADDRESS: denise denisekhudson.com 1045 W Katella Avenue Suite 240 INsu s AFFORDING COVERAGE NAIC# aOrange CA 92867 PREMISES Eacccu.. $ 300,000 ` INSURERA: State Farm General Insurance Company 25151 INSURED INSURERS: Stale Earn Mutual Automobile Insurance Company 25178 INSURERC: WESTERN AN INC INSURERS: 1592 N BATAVIA ST STE 2 AUTOMOBILE LIABILRY ANL AU 0 AAUTOOS NEO )( AUTOSULED AUTOS X NON-0OWNED Am OS Ix -_-- - ORANGE -,CA 92867 INSURERE: 2841112112015 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTN TWE OF INSURANCE JINSR SMD POLICYNUMBER POLICY SEE NNISDY Umns A GENERALLWBILITY❑❑ X COMMERCIALGE IERALLIABIUTY CLAIMS -MADE I—XI OCCUR 92-EX5166.6 05116/2015 0511612016 EACH OCCURRENCE $ 2,000,000 PREMISES Eacccu.. $ 300,000 MEDEXP(Anyonapamon) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GENERA -AGGREGATE $ 4,000,000 GENT. AGGREGATELIMIT APPLIES PER: POLICY 1RRC X LOC PRODUCTS-COMP/OP AGO $ 4,000,000 BUSINESS PROP $ 229,500 B AUTOMOBILE LIABILRY ANL AU 0 AAUTOOS NEO )( AUTOSULED AUTOS X NON-0OWNED Am OS Ix El 2841112112015 05/2112016 Ee ecddennlSINGLE LIMB $ 1,000,000 EDGILY INJURY (Per person) $ BODILY INJURactideHIRED PROPERTY e eoECIEen DAMAGE $ A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMSMPOE 92 -XC -03515 12114/2015 12114/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $. DED RETENTION$ $ A WORKERSCOMPENSATION AND EMPLOYERS' LABILITY YIN ANY PROPRIETORIPARTNEILEXECUTVE —]NIA OFFICEIMEMBER EXCLUDED4 (Mandatory in NH) Ifyss,dsscdbaonder DESCRIPTION F ba ❑ 92 -CX -G547-5 92-L4-67904 01/01/2015 01/0112016 0110112016 01/0112017 X WCSTATU- omH O E EL. EACH ACCmEM $ 1,000,000 ELDISEASE-EA EMPLOY $ 1,000,000 E.L. DISEASE -POLICY UNIT $ 1,000,000 DESCMKIONOFOPEBATIONSILOCATIONS/VEHICLES (AUach ACORD 1o1, Atlrlitional Remarks Schetlule, irmore space is required) AUDIO VISUAL SERVICE & INSTALLATION Business Location #16363 Corte Del Abeto, Suite 106, Carlsbad, CA 92011/Business Location #2 1592 N Batavia St., Ste 2, Orange, CA 92867 This COI presented for bidding purposes. Once a Contract is in progress any endorsements and/or Waiver of Subrogation will be added if requested - CERTIFICATE HOLDER CANCELLATION Additional Insured to be entered once contract awarded SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUn10R12ED REPRESENTATNE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 -1 A� �® CERTIFICATE OF LIABILITY INSURANCE ATE 011/18/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(lee) must be endorsed. If SUBROGATION IS WAIVED, subject t0 the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not Confer rights to the certificate holder in lieu of such endomemerd(s). PRODUCERNTAT Denise K Hudson Insurance Agency, Inc. C COHANE: Denise Hudson PHONE 1a s33�t1e ucNP: 714 633-3720 License # 0886530 641%6s: devise tlenisekhudso 1045 W Katella Avenue Suite 240 Orange CA 92867 01131 3AFFORNNG COYFR GE "CA wG EACH OCCURRENCE $ PREMISES Ee occul,enw E INSU ERA: State Farm G¢aelal Insurance COmpan 251st INSURED INSURER U: State Farm Fire and CasuaI Corn2any 25148 N6URERC: WESTERN AN INC 1592 N BATAVIA ST STE 2 RISOREao: _ ORANGE, CA 92867 INSURERE: INSURERF: en119DA0ES rF:RTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSUMNCE D 3 B POLHWNUMBAA POmeY EFF wnl) EXP LIMITS GENERALDABILITY ❑ EACH OCCURRENCE $ PREMISES Ee occul,enw E COMMERCIALGENEAAL LIABILnY MEDEXP(Arymepsison) $ _ CLAOJ$ -MADE 0 OCCUR PERSONALAADVIMURY E GENFRALAGGREOATE E BERL AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOPAGG E E POLICY PRO- JECTLOC AMMOBILE LIABILITY ❑❑ M IN u"dISINGLE MI S BODILY INJURY ft, P..) E ANY AUTO BODILY INJURY (Per a (!Vr) S ALL OWNED SCHECULm AUTOS AUTOS HIREDAlIm6 NONOWNED AUTOS OPERTV DAMAGE E Per Acddeel E UMBRELLA UAB OCCUR EACHOCCURRENCE E AGGREGATE 5 ,_ "CESS LU1a CIAiMSMADE Om RETENnONE E A WORKERS COMPENSATION AND ENPLAYERB'uAeILITY YIN ANYPROPwLTOWPARINERIIXECUINE❑NIA❑ 92-1-4{7904 01//1112016 01/0112017 I TORY LIAHTS WR E.L. EACH ACCIDENT E 1,000,006 E.L.O 6EASE-PA EMPLD S 1.000,000 EX OFFICEIMEMBERCW DE01 (MandaWryMNH) E.L.OISFA6E-POUCV LIMB S 1.000,000 under liy"RI OF OPERA'nONS W. S IQK SURETY BOND ❑❑ 92-W6-87533 1111712015 1111712016 S 12,500 DESCRIPTION OF OPERATIONS I LOCATIONS I YDIICLE6 [AtIA[M1ACORO t01, AUdNional Remoras 6CNadule, Ilmore epaq le nqulre,0 LOCATIONS: 1692N BATAVIA ST STE 2, ORANGE, CA 92867 & 6353 CORTE DEL ASETO STE 106, CARLSBAD. CA 92011 CA Contractor License # 871609 CANCPr f ATInN ©1988.2010 ACORU CORPORA ION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001406 132649.6 11-15-2010 Contractors State License Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 26006 ACCORDANCE WITH THE POLICY PROVISIONS. Sacramento, CA 95626 AOTNowzEo a sEHrAmE�� ©1988.2010 ACORU CORPORA ION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001406 132649.6 11-15-2010 State Of California � „CONTRACTORS STATE LICENSE BOARD vCT ACTIVE LICENSE t Af6�„ r il mese 871609 E-, CORP Buuness Name WESTERN A / V ilasfi.aM1JMs) C_7 �,M1e oae 01/31/2018 www.cslb.ca.gov vl�r�a I estern hdloftual Western AN 1592 N. Batavia St # 2 Orange, CA ,92867 714-637-7272 p 714-637-7330 f Credit Information Western AN 6353 Corte del Abeto, Ste 106 Carlsbad, CA 92011 760-438-1200 p 760.438-0066f Federal ID # 20-2840423 TPIN# 42040219 Resale # SRZFH102-491670 NAICS # Contractors License # 871609 exp: 1/31/18 333315 D/B # 557439069 334419 CCR # 6C6WP8 423690 M Pin # Carlsbadl 532490 Bank Information: Bonding Company: Scott Lanning Commercial Surety Co. Wells Fargo Bank 1466 N. Batavia St., Ste. 18401 Von Karman Ave Ste # 400 Orange, CA. 92867 Irvine, CA 92612 Dan Huckabay 949-756-3587 p 714-516-1232 p 866-497-0065f 714-516-9563f Acct # 5561255901 Vendor References: Christie Digital Ingram Micro 10,550 Camden Dr 1600 E. St. Andrew Place Cypress, CA 90630 Santa Ana, CA 97025 714-220-3533 p 714-566-1000p 714-503-3365 f Acct # 14-298832 Acct # 356570 Acct # West009 Crestron Electronics Listen Technologies 15 Volvo Dr. 14912 Heritagecrest Way Rockleigh, NJ 07647 Bluffdale, UT 84065 800-237-2041p 800-330-0891p 201-767.3564 f 801-233-8995 f Acct # 1004206 Acct # West009 1592 N. Batavia St. www.wavl.con, 6353 Corte Del Abeto Suite 2Suite 106 Orange, CA 92867 Carlsbad, CA 92011 nan��miumm�*100203026646418265* RENEWAL NOTICE October 26, 2015 WESTERN AN 1592 N Batavia St Ste 2 Orange, CA 92867 RE: Renewal of., $500,000.00 Revolving Line of Credit Reference* 1212472801-2030266464 Customer* 7896836974-26 Dear WESTERN AM Wells Fargo Bank, National Association is pleased to inform you that your Business Revolving Line of Credit, in the amount of $500,000.00, has been approved for renewal. The new maturity date will be November 15, 2016. Your Revolving Line of Credit remains subject to all terms and conditions of existing loan documentation, as modified by this Renewal Notice. The credit limit/maximum principal amount is now $600,000.00. The interest rate to be applied to the unpaid principal balance of the Credit/Note will be a rate equal to the sum of the applicable index plus 0.750% subject, however, to any maximum or minimum rates as set forth in the existing loan documentation. A non-refundable renewal fee of $1,300.00, will be charged to your account number 5561255901. If you do not desire the renewal of the Credit/Note on these terms, you must (i) deliver to Wells Fargo Bank, National Association at BBSG Boise Loan Ops, PO Box 8203, Boise, ID 83707-2203 a written rejection of the renewal within 10 days from the date of this letter, .(ii) not draw additional funds under the Credit/Note, and (iii) promptly make other arrangements with your loan officer to pay the matured balance of the Credit/Note. This renewal will be effective upon processing of the renewal fee. If you have any questions, please do not hesitate to call me at (949) 756-3587. We appreciate your business and look forward to continuing to serve as your business bank. Sincerely, AutoReneWLetler Job 1212472601-2030266464 Revolving Line of Credit Vers.2 10/19/2015 Page 1 of 1 1/2012016 California Department of Industrial Relations -Contact DIR Press Room I Contact DIR I CA.gov Go to Search Home Labor Law Ca1/08HA-Safety&Health Workers'Comp Seifinsurance Apprenticeship Director's ice Boards Publio Works Public Works Contractor (PWG) Registration Search This is a listing ofcunent and active PWC registrations pursuant to Division 2, Part7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enteratleast one search cdteda M display active registered public works confrackro) matching yourselections. Registration Year: [Current Fiscal Year: 2015116 v PWC Registration Number: 7000008082 Contractor Legal Name: example: ABC COMPANY Contractor License Lookup License Number: 871609 County., ORANGE - 5earc�r Reset Seardi Results One registered contractor found. 1 DensLs gal Name I View ! WESTERN AV About D(R Work With Us Export as: Excell PDF Registration 'County City Registration 'Expiration Number _ Date - Date i 1000008082 ORANGE ORANGE 07/10/2015 06/30/20161 V220160101 Learn More Who we are Licensing, registrations, certifications & permits Site Map DIR Divisions, Boards & Commissions Notification of activies Frequently Asked Questions Contact DIR Public Records Ad ]obs at DIR Conditions of Use i Privacy Policy I Disclaimer i Disability accommodation j Site Help Copyright02015 State of California https:/Iefiling.dir.ca.gov/PVVCR/Search.acbon 1/1 DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION ,�o�p�rv„y F�T/IYi CONSOLIDATED SELLER'S PERMIT aN M�' MF THIS PERMIT DOES NOTAUTHORIZE RETAILSALES Yf�jl� CONSOLIDATEDACCOUNTNUMBER or (I.TS��S-�\3 4/1/2005 SR Z FH 102-491670 NOTICE TO PGRMITTE[ You are lequned to owyall WESTERN A/V Federal and State laws that 6353 CORTE DEL ABETO, SUITE lob rvguhte or contra! your txrsimss. This permit does CARLSBAD, CA 92011 flat allow you to do oltzmvise. L J IS HEREBY AUTHORIZED PURSUANT TO RULES AND REGULATIONS OF THE BOARD TO FILE CONSOLIDATED SALES AND USE TAX RETURNS UNDER TI IE ABOVE CONSOLIDATED ACCOUNT NUMBER THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PAR MERSHIP. NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEV/ OPERATOR OF THE BUSINESS. For general tax questions, please call our Information Center at 800-400-7115. For information on your rights, contact the Taxpayers' Rights Advocate Office at 888-324-2798 or 916-324-2798. ROE -442-M REV. 12 (2-M) A MESSAGETO OUR NEW PERMIT HOLDER As the holder of a Consolidated Seller's Permit, each of your selling locations will receive a Seller's Permit authorizing sales of tangible personal propertyatthat location. As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help: . • Visiting Ourwebsiteat www.boe.ca.gov • Visiting a district office • Attending a Basic Sales and Use Tax Law class offered at one of our district offices • Sending your questions in writing to anyone of Our offices • Calling our toll-free Information Center at 800-400-7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales taxis imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the Board • You are responsible for following the regulations set forth by the Board As a seller, YOU are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate Office for help by calling toll-free, 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319. Please post this permit at the address for which it was issued and at a location visible to your customers. STATE BOARD OF EQUALIZATION Sales and Use Tax Department DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT ACCOUNTNUIVIBER 12/4/2013 SR Z FH 102-491670 00001 EA WESTERN A/V 1576 N BATAVIA ST STE 2 ORANGE, CA 92867-3559 L J IS HEHEBY AUTHORIZED PURSUANT TO SALES AND USETAX LAW TO ENLACE IN THE BUSINESS OP SGLLINC TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS. THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP. NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS. NOTICE TO PERMITTEE' You are required to obey all Federal arXi Slate lawn That regulate or conhol your husiness. This penuit does not 6,11m, you to do 01110 wise. Not validat anyotimraddress For general tax questions, please call our Information Center at 800-400-7115. For information on your rights, contact the Taxpayers' Rights Advocate Office at 888.324.2798 or 916-324-2798. BOE -442-R REV. 15(2-06) A MESSAGE TO OUR NEW PERMIT HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help. • Visiting our website at www.boe.ca.gov • Visiting a district office • Attending a Basic Sales and Use Tax Law class offered at one of our district offices • Sending your questions in writing to anyone of our offices • Calling our toll-free Information Center at 800-400-7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • YOU are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the Board • You are responsible for following the regulations set forth by the Board As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate Office for help by calling toll-free, 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319. Please post this permitat the address for which it was issued and at a location visible to your customers. STATE BOARD OF EQUALIZATION Sales and Use Tax Department DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT ACCOUNINUMBElt 12/4/2013 SR Z FH 102-491670 00002 FH WESTERN A/V 6353 CORTE DEL ABETO STE 106 CARLSBAD, CA 92011-1437 L I ISHERWYAUTHORSIEDPURSUANT TO SALES AND USETAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PEnSONAL PROPERTY AT TI @ABOVE LOCAtiON. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS. THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP. NOTIFY US On YOU COULD RE RESPONSIBLE FOR SALES AND USE TAXES DIVED BY THE NUV OPERATOR OF TI IF BUSINESS. Qp�,o'0.p OF r0�4 OF CAP1�s NOTICE 10 PrTWI1 IEE: You me recillned to obey all Federal and State lays that regulate Or control your wSio's8. This r"111 does Rot allow you to do olimlwise. Not valid al anyotheraddress For general tax questions, please call our Information Center at 800-400-7115. For information on your rights, contact the Taxpayers' Rights Advocate Office at 888.324-2798 or 916-324-2798. 60E-AA2-R REV. 15 (2-06) A MESSAGE TO OUR NEW PERMIT HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help: • Visitingourwebsiteatwww.boe.ca.gov • Visiting a district office • Attending a Basic Sales and Use Tax Law class offered atone of our district offices • Sending your questions in writing to any one of our offices • Calling our toll-free Information Center at 800-400-7115 As a seller, you have the right to issue resale certificates for merchandise that you Intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the Board • You are responsible for following the regulations set forth by the Board As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if YOU are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate Office for help by calling toll-free, 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319. Please post this permit at the address for which it was issued and at a location visible to your customers. STATE BOARD OF EQUALIZATION Sales and Use Tax Department From: Kevin Mahkorn [mailto:kevinm@wavl.com] Sent: Thursday, March 24,2016 11:10 AM To: Alfredo Estevez <AEstevez@DiamondBarCA.Gov> Subject: RE: Request for Proposal Projector and Screen Installation with Integration Hi Alfredo, Yes, we understand that we will need to complete/provide the dedicated electrical circuit for 220v for this projector. Thanks, Kevin Mahkorn Service Department Direct: (714) 637-4461 kevinm wavl.com Western \�Au�i011isgaf a a o '� o o > > � o >� C o v tO o'u�o O o E��o � G N .D N CL_ Gv0 � N p Cid ui y W U� V� �J � c-4 N N N C N o N.N-.J N.,y. O 'N N'N N N d N @ N � 'O �� N O U p A N N.rN. N Q @+S � fl_ A V U ® @ LL F' U O ® @ d N U N U O@> N U � @ @ O O_ � @ a C 0 L_ N U E O. O a-) U W � � N � � C_ @ � o N U N > � � d W O@ N �' N OJ S O N@ N O y �@ R{ m�o��.�E� Mna �m„E�m�a�ivZ' E`rII °c E,n 0 � � ECJ � Ern ".G c� v. N� N� N j N N �� N - U @ j� > -O y N N "6 Y j L � N C U� L -SL L E C U N C :n :E .9; fn L� :G ` ❑maw❑maN�rn � 01 @ > ❑ma�aE�ro❑ma.cn� O @ N c rn L ai O U O � O > O O U Y m c m >, m ma°° � � � Lo o o a v" c � w '° ��@s m o 3 m O m m o x Y �Ln3 � EMO � n orn E� c@ � aci'n "ado Ern U acro m ""' v Eo U L o N @ J � N @ .N � d @ > > N @ > N O � ��v iE md�!W� a�a7 �'ULm Cf) a��pw @ U OL � @n. F- U O � ❑ @a'�n U O@@ ❑ @ate E m U O O- ®@azw ^� Y d m �w� Z`rna � tf W o a`�i 'c .3 � �.� . � O � O O. O��@ @ (p O N N O �m .- @ O U � O, .Q � c �'c a c O m � rn � m d .,.� � o > m mNccom @ @ � N N 3 N e L N� O U@ d�v�-- ul � O O. .L-• N � N � � � w G.L.. N 0 r-. U E N O U E O @ O C 'O U E O U '['j E O U '7 g > Ul L _ � > V1 a N N N � @ Ul U1 � > N O 3 N � > L C N.L.+ E I'D h' N L C C�� CA .0 CII w ,O Y d y E N w y R N C d ° O O2 CO Q IL y Edi voc.� O c 1— a� F- O -LL � Q� E O L a Q Q 3 GC GC off°- Q ° o w U � MOOD, MOOD MEDIA PURCHASE AGREEMENT THIS AGREEMENT is made between Muzak LLCd/b/a Mood Media ("Mood"), a Delaware Limited Liability Company and the undersigned Subscriber (Subscriber"): Buyer Name City Of Diamond Bar Proposal Date March 9, 2016 Installation Address Billing Address Engineer QTY EQUIPMENT DESCRIPTION INVENTORY# UNIT PRICE TOTAL $ $ 1 HIGHL-Re Laser 11 K Lumen WUXGA Projector 116-204 $ 28,270.65 $ 28,270.65 $ $ 1 HIGHLRe 1080P-WUXGA Lense WUXGA Lense 5 5,070.65 $ 5,070.65 1 Heavy Duty Projector Mount VCMU $ 398.75 $ 396.75 S $ 1 HD Progressive 1.3 Gain Projection Screen 24721L $ 11,691.35 $ 11,691.35 $ $ 1 Crestron Pr rammi - Protector and Screen Custam $ 36.25 $ 36.25 1 Mlsc Hardware Misc Hardware $ 108.75 $ 108.75 1 Setup and Move In $ $ 1 Remove E5dstinq Screen $ $ $ $ $ $ $ $ $ $ INSTRUCTIONS SUBTOTAL EQUIP. $ 46896.54 Provide and Install (1) Prolector and Video Screen as listed. Program Crestron System for INSTALLATION $ 3,937.50 PROGRAMMING $ 850.00 ENGINEERING $ HARDWARE $ 220.02 PERMIT Not Included LIFT RENTAL $ 325.00 proper control Provide scaffolding for screen and oroiector installation FREIGHT for 10 Included $ 1,100.12 SALES TAX $4,220.69 FGRANDTOTAL $ 56,229.73 DEPOSIT BALANCEDUE PURCHASE AGREEMENr3.11.13 M permitfees, lift rental costs end applicable taxes, rfregmred, shall be added to this agreement it not already spec ted on thus proposal. Please retain dupliate copies for your records. 6�?,,A P -P —rlsZ I/Mcp c�-p cc -n.4 4" e_lt- MOOD: TERMSAND CONDITIONS OF MOOD MEDIA PURCHASEAGREEMENT 1. WARRANTY Muzak LLC, d/b/a Mead Media ('Mood") agrees to wanantlhe equlpmelrtiden iffed above (the "EgmpmeWI (excluding mtcmphoneg footswitches, hand sets, batterlec and other ancillary Items) to be free from original defects inmaterml and workmanship for a period ofane year after instellaffon atthe above referenced Installation Addmss.in Me event of any defect in material or workmanship occurring within Sold parted, Mood will repairarreplace Me defective Equipment at Was.]. opium, at no additional charge to Buyer, during Mood's regular working hours Repalror replacement of defective damages, &act, indirect, incidental or consequeMiaL This warranty does not cover repair or replacement of Equipment without Least which maybe required by reason ofmbuse, abuse, thed,vanddgm, accident or negngence of auyeAlR employees, agents arinvaees, ardamage bytire, earthquake, dgAMln&Mmada arotheraatofG.d MOOD'S OBLIGATIONS UNDERTHISSECTION AREIN LIEU OFAM OTHER WARRANTIES, EBPRESSEDOR IMPMD, REIATINGTOTHE EQUIPMENT, INCLUUMG IMPUED WARRANTIESOF MERCHANTABIIfiyAND FITNESS FOR A PARTICULAR PURPOSE. Exceptfor Mood's repair or replacement obligations resulUngbom defied in material nrworkmamhfpassetforth above, Buyershall Intlemmty Mood end hold tthannless from and against anyand aR lossas,claims and expenses retaUng to the Equipment lack ding, without limitation, losses caused by misuse,ablae,fie$vandalism,amnlent mnegligenceardamagehyfire,earthquake, llghrrm ,tornado arany otherect of God. 3.9BLNG Buyer Buyer- acknowledges that Mood Isselling Equipmentunderthis Agmementthatwill be fnsmfled hymned overs period oftime. Notwithstanding aoythingtothe contrary in this Agreement Mood shall be enMded to Invoice Buyerforsuch Equipment and instalfa0on servicesasthesameara being provided and Installed based on Mmid'sdntam M.Uan of percentage of completion. Buyer shelf be obligated W pay such amounts within ten (10) days of invoicing. rarexample, should Mood detarminethatthirty percent (3096) afthe Equipmentand »sfallatfonsenicestabe provided under this Agreement have been prnvuied and Installed, Mootl shall be entitled to trait. B.yerand Buyershall he obligatedto pay Mood MUty percent (3696) ofthe Balance Due undertheAgreement. 3. ELECTRICAL Buyershall supply all requfred electrical outlets, adequate power and suitable space with controlled envlronmentto ollowfor fustalladon and operation of the Equipment. Buyer shall supply and Install all conduits aecessaryforthe InstNlatlon and operation ofthe Equipment, ifany. 6. TIME LIMIT FOR ACCEPTANCE Thetmms ol'this Agreementwill be valkl forsixty daysfoilowingthe Proposal Datesetforihabove, ff mO.cceptedby BuyerwBhln that Mme, the offerof surhtemss 1, revoked without further action by Mood. sr. INSTALLATION Buyerherebygrants to Mood oriicagent Me Oghtto install Me Equipment, to Me extent such imtalladon Nspecifiedabove. Buymrepresants and warrantsthatall necessarygovemmeotal and Mlyd partynpp,..IS forinstallethm ofthe Equipmenthave been obtained.Anysuch Installation by Maud shall be made in a gaud antl workmanbke mann., Delays m instailadim used bypubacagenO.S. manufacturers,suppllers, acts of God, mikes Brother union bargaining, antl all ad not tlirecdy adribmable to Mood shall nat In anywayaffeatthe abfigatfonsof Buyerand Mood's abligationswith respactto such installation shall be suspended duringibeevent cousin,Me delay. Mead shall not be responslblela damages foranysuch delay. 0. CHANGESANDADDITIONS Any changes, alterations ordsvlations from the Equipment and Installation obligations spedded herein involving extra wstforlabor or material will be executed only on written ordonaforthe same. The costofany added labor or material will became an extra charge overand above Me fatal specified in this Agreement The total specified In thnAgrecment is based upon Installation by employees of Mood. Wit is necessary, far any reason, for Mood to use outside labor, the total speeded In MIs Agreement shall besub]ectiorenegotiation. J. LOCATION OF EQUIPMENT Equipment, labor and p1wmxpa,,Me1 In MN Agmarrentare based upon Me adequate provision of spaceand amesstothe Installation Address. Cabinetry, partitlom or spodd endosuresshag be the requm, bflity of Buyerbutsholl be submitted fortechnlal approval to Mood before construction. N. PROTECUON OF EQUIPMENT Upon Me deliveryto Ne Installation Address the Equipment is entrusted to Buyer and Buyershall be responsiblefor Me protection of Equipment and labor performed by Mood and the Buyer shall provide adequate imumnce to protectsmd equlpmentfmm dart ,fin,it,.%vanda&m and oMe, farms of Injury to .,I.. ofsaid Equipment and shall, upon request present evidence ofsuch Insurance to Mood. Until completely paid for. Buyer agrees to be responsible for loss ofthe Equipment or ferns damage byany ofthe causes described In Section 1 hereof, or any other cause whatsoever, naLwAhstanding Mat dile to and ownership of said Equipment remains In Mood, and will out create or suffer any lons or adverse claims ofany kind with unpemta Me Equipment and will not permit or sufferthe Equipment to be removed from the losmllaah nAddress. 9. OWNERSHIP OF EQUIPMENT Mesad ownmshtp atoll Equipment shall remain to Mootl until Me total specined In this Agreement IS paid In full. In Mm event Mat for any reason Mood is compelled to obtain payment through legal or other professional services, Men all such legal and collection fees, whether or not suRis filed, shall be paid by Itayeq including, but not limned to, all ad croWs fees and casts incurred In Me prosecution and/or appeal of any kgal or equitable action. In addition to, but not by way of limitation, if Buyer defaults In payment, Mood, without prior demand, legal process or waiver ofany other remedies may Warfare all payments hereunder Immediately due and payable. Mood may reposseasthe Equipment in whole or panvmhout fietunty for trespass or damages for such removal. Said Equipment may be sold If Mootl so deshesand Mood may apply the proceeds lessany expenses fxrsale, retaking, repair or collection againstthe unpaid balance. InWak PURCHASE AGREEMENT3.11.13 All permltfees, bit rental costsand appr.bi. taxes, If required, shall be, added to his agreement Wnotalleady specified on this proposal. Please retain duplicate copies foryourrecords. MOOD le. TAXES Buyer shall pay any sales, use, property, excbe ar other taxes or governmental charges arising from this freemen. it. ENTIREAGREEMENr ThIsAgreementmnstiWMs the entlmundersinndraguf the parties with respell to the subject matter hereof and supersedes Al prior conversations, representations, pmmtsesendwarrantfes, whether verbal or written, wish respectte thesubjectmatter hereof. No muchfiations hareaftershdf bevaridunless made ie writingand signed by each party. 1L IAW6O9ERNING The rights of the parties under this Agreement shall begoverned by the laws ofthe State of South Umlina. Subscriber mnsedsto the perseraljunsdiclion offl estate and fedeml cruMin Me State of South Carolina for purposes of tTgatiao tnvohnngthisAyfeement 33. IBEASTWOF BUYER BWeragrees that Mood may disclose the iderdity of 9uyerih cannecrfoo with the marketing of its products and servirns to potential customers and In ronneCfan therewith may discloseamy terms, otherthenthe nnandial terms, of this Agreement The undersfgnetl have read and agreeta all of iheterms and contlidons setforth inthe Agreement Thtsngreementshall bemme binding on the parties hereto whensigned by Buyerand accepted andapprrved by Mood. Muzak LLC Buyer Account Exaculive- Accepted Daryl Betlou CalmpanyNelne PMNerve ABihoroDd SIgnaWre MeuBWrsSignalure-Approval Print Nerve TWO Date PBRCHAE E AGR EEMEW 3.11.t3 All permit fees, eft renml costs and epplFmble taxes, if required, shall be added to this agreamortif art af,.dyspeiiked on this proposal. Please retain duplicate coptesior yoarremrds. Q U L Q? � � ma L oa c a Z3 m V w i ty O O 0 0 � � c � m m Co L p00 a N 0` a i �4CU O v01 Z3 a \� U a N N _@ o ca �► j O a m a O a o r �� O 3Q L r m c o O z y� ,O �..r O i O Q� H E 3 ~� U Q T (0 o � �'� o L E m � � � NL"O � ou�iEo�o � od�- � N u�a N o �� a � �vQQ>� N � o y� aci�inL..a����@� i a�omc°i `n � o d o a a E ��� O� N N Q N N N j N >�> O N j� O N N N L C U� S � O C U j U N � ® cO COL F- � (Od N U N ® @O.. R' � �' N ❑ NdQ N a C `p N L N > �a � Y m 3 m� m ,gym d U E� EQONO v- C p � O O C O n -y0 Y� V O N ya N �d O C•>` N Tj N a O N N c N c O 'Ul N o- p N>� N X C� N V Q �_ U O N a N w y �� 3o Y ��E d Y� E m��� aci'vo O N O N N N U N N N N a Y O N N C m w C C N � t � ° � L p � (0 � � U O N � lU > � U O N ® ma°in ❑ mn. Nr m ❑ mn_Q:a E °7 � ❑mach£ c o m r � Q� 3 E m _ O U p O O >; � 01 ° � C N U7 � N N � a 00 j N N l0 N O �O y0 N o 3'� O N e X C v C y� v w N� ..L.. N O N �Er1°i3�Ev mod N N J U1 � fn +' N > Vl > N N � > fA ._ � a�.Ya a� a>i y m � m m m� � ��w C C fn N L c ._ (n L C E a+ 0'z O N (0 .. p 0 0 0 ❑ maH ❑ ma Nn ❑ maw E `� ® maz£ a c o °' ,°C�io oma V Y C N O y c O O O O O y N o N g (%! L� O� � N N N� L o a j ',•�-. � U 'p O OJ ❑ ma°ii®ma°O� o!�� E -o® c°an.❑ � ❑ mazy d N d �+ 0 N � ,N O d= D O S O m O p d E �� w m -o = v= � E v s 7 y d �= i CC d Q � Vi � d � W Y Q) 'L � L E c � ° w U � Q U L Q? � � ma L oa c a Z3 m V w i ty O O 0 0 � � c � m m Co L p00 a N 0` a i �4CU O v01 Z3 a \� U a N N _@ o ca �► j O a m a O a o r �� O 3Q L r m c o O z y� ,O �..r O i O Q� H E 3 ~� U Q T (0 o � �'� o L E m � � � NL"O � ou�iEo�o � od�- � N u�a N o �� a � �vQQ>� N � o y� aci�inL..a����@� i a�omc°i `n � o d o a a E ��� O� N N Q N N N j N >�> O N j� O N N N L C U� S � O C U j U N � ® cO COL F- � (Od N U N ® @O.. R' � �' N ❑ NdQ N a C `p N L N > �a � Y m 3 m� m ,gym d U E� EQONO v- C p � O O C O n -y0 Y� V O N ya N �d O C•>` N Tj N a O N N c N c O 'Ul N o- p N>� N X C� N V Q �_ U O N a N w y �� 3o Y ��E d Y� E m��� aci'vo O N O N N N U N N N N a Y O N N C m w C C N � t � ° � L p � (0 � � U O N � lU > � U O N ® ma°in ❑ mn. Nr m ❑ mn_Q:a E °7 � ❑mach£ c o m r � Q� 3 E m _ O U p O O >; � 01 ° � C N U7 � N N � a 00 j N N l0 N O �O y0 N o 3'� O N e X C v C y� v w N� ..L.. N O N �Er1°i3�Ev mod N N J U1 � fn +' N > Vl > N N � > fA ._ � a�.Ya a� a>i y m � m m m� � ��w C C fn N L c ._ (n L C E a+ 0'z O N (0 .. p 0 0 0 ❑ maH ❑ ma Nn ❑ maw E `� ® maz£ a c o °' ,°C�io oma V Y C N O y c O O O O O y N o N g (%! L� O� � N N N� L o a j ',•�-. � U 'p O OJ ❑ ma°ii®ma°O� o!�� E -o® c°an.❑ � ❑ mazy d N d �+ 0 N � ,N O d= D O S O m O p d E �� w m -o = v= � E v s 7 y d �= i CC d Q � Vi � d � W Y Q) 'L � L E Spinitar Proposal Response for Request for Proposa0 DOarnond Bar Center Projector and �nstahflon March 117, 2®16 • S P I N I T A R SeWi. S9n,HW. 6 1986 March 17, 2016 Audio, Visual and Communication Solutions Ken Desforges, Information Systems Director City of Diamond Bar 21810 Copley Dr. Diamond Bar, CA 91765 Dear Ken, Spinitar is very pleased to provide our proposal and response package for the city's Request for Proposal at this time. With over 26 years -of experience managing, providing, installing and supporting similar projects, we are confident that Spinitar can meet or exceed the overall goals of providing the best value for the cost of goods and services for all aspects of this project. Our commitment is to perform the scope of work described by our most qualified and experienced team members, each highly skilled in their particular areas of expertise which is our standard process. Spinitar has successfully finished many projects that are of similar size and type, and we have included references which outline some of those projects as part of this response package. We have given very careful consideration in selecting particular staff members that possess the most experience, the best qualifications and certifications. Spinitar has a team concept where you will interact with a consistent team of people from the beginning to the end of your project. Gil Gomez is the Account Manager for this team and works closely with Joel Interiano, Project Manager, to see your project through from start to finish. Spinitar confirms the validity of this -cost proposal for a period of 120 days beyond the bid opening. Spinitar's technical installation and support staff is second to none in industry. Our dedicated Service Department is staffed with full time coordinators and certified industry technical specialists servicing our customers' specific needs such as Cisco, Southern California Edison, FAA, Nestle USA, Los Angeles City Department of Water and Power to name a few. Corporate Office 16751 Knott Avenue La Mirada, CA 90638 www.sDinitar.com Corporate Office 16751 Audio, Visual and Communication Avenue Hort Solutions La Mirada, CA S P I N I T A R 90638 S.rA , Amplified. Smce 1986 www.sDinitar.com On behalf of the entire team at Spinitar, we would appreciate very much the opportunity to win your selection and work on this project for you. If you have any questions do not hesitate to contact me. at 562-236-6846 or dant@spinitar.com. nc ely y s, P. Daniel Tompkins Vice President of Unified Communications Spinitar, founded in 1986, is a leading systems design and integration firm dedicated to providing its clients with custom audio, visual and communications solutions and services. Systems Design Consulting and Integration We help our clients translate their communication vision by simplifying the whole process from conception to collaboration, integration to user interaction. Our ability to provide custom audio, video and communication technology solutions and services have helped clients improve their communications, enhance organizational performance, and reach audiences more effectively. Spinitar utilizes premier audiovisual hardware manufacturers and world-class ` service standards to help clients better communicate, share, and disseminate I information. Spinitar's Service Department We understand that investing in an audiovisual system for your organization is an J important decision. Even more critical is properly and regularly maintaining the system to avoid a potential system mishap that could cause personnel downtime and lost revenue opportunities. Spinitar is pleased to have the largest dedicated in-house support team in the western US. Our support service professionals are manufacturer -trained and ildustry- certified to service your audiovisual and communication technology solution. Spinitar has a wide variety of service offerings, such as Maintenance & Support Agreements, AV Staffing, Remote Monitoring, and Time -and -Materials Services. Allow us to provide a "quick response from talented folks who care about you'! e...Sampling of Our Highest Quality Product Partners SPINITAR For More Information: (800) 722-6444 1 www.spinitar.com ACCESSORIES, CASES, CARTS, Chief Manufacturing ROUTER, SWITCHERS, VIDEO Biamp LAMPS, REMOTES, STANDS Da-Lite PROCESSING, CABLES Bogen Communications APC Display Devices Altinex - Bittree Draper Analog Way Bosch Chief FSR BOSE Aflona ClearOne Middle Atlantic Products AMX Cambride Sound Management _ Da-Lite Premier Mounts/PMP Furman Raxxess BARCO Clockaudio Gyration Stewart Filmscreen C2G Crest Audio Panel Crafters SVS, Inc. Christie Digital ClearOne Shure Vantage Cisco Crown International SKB Winstead CommunicationsS Specialties - Ushio Wiremold p Countryman Whirlwind Comprehensive Video Denon Wireworks LIGHTING SYSTEMS Covid DIS AMX Crestron DPA CONTROLSYSTEMS Crestron Evertz AMX Lutron Electronics EAW Crestron Mecca Extron Electro Voice Extron Navitar FaroudJa Extron - Grass_Valley - Hos. CUSTOM FABRICATION PLASMA/LCD/LED DISPLAYS Gefen JBL Professional FURNITURE BARCO FSR, Inc. Listen Technology ADF Clarity Visual Systems Jupiter Mackie Designs Bretford Marshall JVC Marantz DWI Mitsubishi Forbes NEC Kramer Electronics Martin Audio RP Visuals Panasonic Leightronix Peavey VFI Planar Liberty Wire and Cable OS'C Audio Products Samsung Magenta Research Radio Design Labs DIGITAL SIGNAGE, Sanyo Miranda Rane Corporation STREAMING MEDIA Sharp p AMX Sony RGB Spectrum Renkus-Heinz Accordent Technologies ViewSonic Synelec USA Riedel Cisco LG / Zenith TVOne Sabine Elite PI Sennheiser Electronics Omnivex POSTER PRINTERS, VISUAL LEARNIING TOOLS Shure Scala Canon STRUCTURED CABLING Sound Advance Systems Sonic Foundry Amp ND & I Visix /Axis TV Varitronics Sount control Technologies General Cable Volante Soundtube PROJECTION SCREENS Leviton Symefrix DOCUMENT CAMERAS Da-Lite Screen Company Molex Tannoy Canon Draper Shade and Screen Panduit TEAH (TASCAM) Elmo RP Visuals ShoreTel Telex Samsung Stewart Filmscreen Corp. Superior Essex TOA Wolf Vision _ PROJECTION SYSTEMS Yamaha ELECTRONIC WHITEBOARDS BARCO Sound Systems Polyvision Christie Digital VIDEO CONFERENCING NEC AKG Acoustics Digital Projection Anchor Audio Gentner/ClearOne SMART Technologies Mitsubishi NEC Ashley Audio, Inc, Lifesize LIFT, MOUNTS, RACKS, Panasonic Atlas Soundelier Polycom A/V FURNITURE Plus Audio-Technica US Tandberg APC Projection DesignHaivison APW Sharp Avicom Brentford Sony Epson SPINITAR I Audio, Visual and Communications Solutions I Services. Simplified, Sincel986. About Spinitar 0 SPINITAR Introduction- Founded in 1986, Spinitar is a leading systems integration company dedicated to providing its clients with custom audiovisual and communications technologies, solutions and services. With offices strategically located in Los Angeles, San Diego, Sacramento and Hayward, Spinitar integrates custom audiovisual technology solutions across a wide array of market segments, including government, business and education. Our solutions can be found in many specific applications, including boardrooms, houses of worship, classrooms, city council chambers, command & control centers, and more. Spinitar has built a reputation among many of its Fortune 500 clients for integrated, custom technology solutions that facilitate better business results. We've helped clients like Emulex, Nortel, First American Bank and Northrop Grumman integrate a wide range of projection and audiovisual solutions. In addition, with more and more business embracing technology to effectively reach niche audiences, Spinitar is positioned to deliver services specific to your business need - including full managed services programs, support services, outsourced technical professionals and training. Mission Statement-�'To be a fun, profitable, world class, customer intimate provider of integrated audio visual solutions... developing imaginative and strategic relations with our customers, our employees and our industry partners" Partial Client List - Business Education Apple Computer Cal State University Fullerton Capitol Group Caltech City National Bank Chapman University Ducks of Anaheim Evergreen Valley College First American Banking Kern Community College District Kaiser Healthcare LA County Office of Education Capitol Group LA Trade Technical College Marriott Hotels LA Unified School District Mattel Long Beach Comm. College Dist. NBC Studio Los Angeles Mira Monte USD Network Appliance Monterey Peninsula College Nortel Oxnard Community College Novatris Riverside Community College PMI San Francisco State University Robert Half San lose Unified School District Roche Molecular Systems Santa Monica College SAIC UC Berkeley Santa Anita Racetrack UC Irvine Southern California Edison UC Lawrence Berkeley Lab Sutter Health UC Riverside Ventura Foods UC San Diego Verisign UCLA Visa International USC — Anderson Bus. School Volkswagen of America USC School of Electrical Eng. WebEx - USC School of Law Government Beale Air Force Base Boeing China Lake NWS City of Los Angeles City of Sacramento County of San Francisco County of Los Angeles County of San Bernardino Drug Enforcement Agency (DEA) FAA (POCC San Diego) FISC Pearl Harbor LA County Office of Education LA County Sanitation Dept. Lockheed Martin NASA— AMES Northrop Grumman Palo Alto Research Ctr. Santa Clara County SD Workforce Partnership SPAWAR (USN) SSC San Diego The Aerospace Corp. Travis Air Force Base US Army Corps of Engineering Vandenberg Air Force Base Integrated audiovisual communications, managed and support services. Services and Capabilities 0 SPINITAR Audiovisual Systems Integration- Spinitaes Systems Integration (SI) teams specialize in recommending, designing and integrating state-of-the-art audiovisual technology solutions, customized to your specific business need and environment. Our SI teams have been trained and certified by the audiovisual industry's leading manufacturers and are experts in consulation and needs analysis, design and engineering, and professional system installation. Integrated IT Services- As an additional resource for our customers, Spinitar's in-house systems expertise Includes a staff of dedicated information technology (IT) personnel. Our industry -certified IT professionals are specialists in network - enabling audiovisual solutions and integrating today's leading IT solutions with audiovisual systems. Our IT team are experts in configuring and supporting software, hardware and networks, enabling you to focus more on your business. Visual Products- Spinitar's Visual Products team specializes in providing visual communication tools for educational professionals. Our team offers a complete line of visual learning tools, Including the PosterPrinter system and other specialty printing systems, to help educators create effective visuals that reinforce key messages In classroom environments. Digital Signage- Digital signage is an impactful way of delivering your message to your customers through a visual display medium. Spinitar's Digital Signage teams offer custom, cost-effective digital signage solutions that are designed to deliver dyanamic messages at virtually any location, which saves time, money and resources at your organization. Our teams are also experts in managing and supporting digital signage software and hardware. Managed Services -With Spinitar's Managed Services programs, we can help manage the day-to-day operations of your audiovisual technology solution or network. Whether it's loading and distributing content in a digital signage application or managing your videoconferencing system, Spinitar's team of professionals are here to support you. Outsourcing Services- At Spinitar, we have the capacity to outsource our technical professionals to help support your company's audiovisual hardware, software application or network. Spinitar's technical personnel are industry -certified and available to help design, test and implement your custom technology solution on-site at your location. Streaming Media- With Spinitar's Streaming Media capabilities, the ability to create and distribute content over the Internet has never been easier. Our specialists can help you broadcast your content - whether It's a sales meeting, executive briefing or policy announcement - over the Internet so that it's accessible from virtually any location, regardless of distance. Presentation Products- Spinitar's Presentation Products team is pleased to provide a comprehensive range of audiovisual and presentation solutions, equipment, accessories and supplies from the audiovisual industry.'s leading manufacturers. Spinitar's Presentation Products can recommend and supply projectors, plasma and LCD displays, projector lamps, cables and more. Support Services— With all the ways that your audiovisual system can be utilized to increase business productivity, keeping your system operating at its maximum Is just as critical. Spinitar's Industry -certified Support Services team are specialists in managing the care and configuration of your audiovisual equipment, whether its preventative maintenance checks, repair or technical assistance. In addition, or Support Services team offers comprehensive service programs and can help customize a program to best suit your support needs. Integrated audiovisual communications, managed and support services. �' SPINITAR semc":si,pveasrce �ee6 QUOTATION 51408 SPINITAR 16751 Knott Ave. La Mirada, CA 90638 BILL TO: COMPANY City of Diamond Bar •' COMPANY Community Center DATE February 4,2016 ADDRESS 21813 Copley Drive ADDRESS 1600 S Grand EXPIRY DATE March 5,2016 Misc Cables Structrual, Lift Rentals -Materials 1.00 SALES REP. Gil Gomez Diamond Bar, CA 91765 DIAMOND BAR, CA 91765 PHONE. (714)367-2939 CONTACT Alfredo Estevez CONTACT Alfredo Estevez EMAIL. gilg@spinitar.com PHONE (909)839.7083 PHONE (909)839-7083 Spinitar Community Center: Projector -Screen Replacment •• • ,•.. Spinitar will un -install existing proejctor and screen. Wil replace with a new Da -Lite Tab Tension Advantage 189 Diagonal 16:10 100" x 160" Will replace with the Digital Projector HIGHIite Laser 11 K Lumens Crestron system will be re -programed to work with the new projector and screen controls Exclusions City of Diamond must provide un -compiled Crestron code In order to modify with leh new projector and screen. This quote does not Included any electrical work. This quote does not include any additinal cable runs and will use all existing cablling and terminations. This quote assumes that there will be an access point to get into the soffit adn repalce teh screen. DESCRIPTIONMANUFACTURER PART NUMBER PART QW UNIT PRICE TOTAL Digital 115-204 HIGHIite Laser WJXGA 3D, 11000 Lumens 1.00. $24,731.45 $24,731.45 112-878 Lens 1.74-2.17:1 1.00 $4,118.96 $4,118.96 Chief VCMD Heavy duty universal projector mount 1.00 $308.83 $308.83. Da -Lite 24863 Adv dix tnsd 189d hd1.3 1.00 $5,792.23 $5,792.23 Spinitar Misc Cables Structrual, Lift Rentals -Materials 1.00 $921.05 $921.05 Spinitar Freight charges 1.00 $836.52 $836,52 Professional Services Spinitar General Admin 4.00 $60.00 $240.00 Spinitar System Design 6.00 $120.00 $720.00 Spinitar CAD Drawing 2.00 $75.00 $150.00 Spinitar Programming 12.00 $121.00 $1,452.00 Spinitar Project Management 6.00 $110.00 $660.00 Spinitar Field Installation 64.00 $110.53 $7,073.92 Spinitar Testing & Commissioning 4.00 $120,00 $480.00 Spinitar Travel Time 4.00 $50.00 $200.00 Spinitar Electronic Documentation 2.00 $80,00 $160.00 Professional Services Sub -total - $11,135.92 Taxable Professional Services Sub -total Pdnled: 02r10116 Page 1 of 2 •o • SPINITAR See.;w,s'rcpHaa.s Isa6 QUOTATION 51408 SPINITAR 16751 Knott Ave. La Mirada, CA 90638 Community Center: Projector -Screen Replacment Estimated Finance Options: 60 Month Term - $1115.55 SUBTOTAL: $47,844.9 48 Month Term - $1320.66 36 Month Term - $1665.92 SALES TAX: $3,303.81 24 Month Term - $2380.98 TOTAL: $51,148.77 IF YOU WISH TO ACCEPT THIS PROPOSAL, PLEASE SIGN AND RETURN Buyer Buyer. Signature: Date: (Print Name) Title: 1. Customer is responsible for structural, electrical & conduit requirements unless otherwise noted. System design is property of Spinitar and is copyrighted and confidential. 2. Spinitar retains the right to substitute equivalent product for commercial or technical reasons without affecting the rest of the contract. 3. Terms are either monthly progressive or 40% down at the time of order, 40% when system delivery begins, and final 20% at sign off. 4. 1.5%1 month interest on accounts 20 days past due. Cancelled orders will incur a 25% restocking charge or the total of all Incurred charges, whichever is greater. 5. Spinitar guarantees the price as quoted for thirty (30) days from the date of quotation, unless otherwise noted. BILL TO: COMPANY City of Diamond Bar •' LOCATIOW COMPANY Community Center DATE February 4,2016 - ADDRESS 21610 Copley Drive ADDRESS 1696 S Grand EXPIRY DATE March 5,2016 SALES REP.Gil Gomez Diamond Bar, CA 91765 DIAMOND BAR, CA 91765 PHONE. (714)367.2939 coNTAcT Alfredo Fstevez coNTAcT Alfredo Estevez EMAIL. gtlg@spinitar.com PHONE (909)839.7063 PHONE (909)839-7083 Community Center: Projector -Screen Replacment Estimated Finance Options: 60 Month Term - $1115.55 SUBTOTAL: $47,844.9 48 Month Term - $1320.66 36 Month Term - $1665.92 SALES TAX: $3,303.81 24 Month Term - $2380.98 TOTAL: $51,148.77 IF YOU WISH TO ACCEPT THIS PROPOSAL, PLEASE SIGN AND RETURN Buyer Buyer. Signature: Date: (Print Name) Title: 1. Customer is responsible for structural, electrical & conduit requirements unless otherwise noted. System design is property of Spinitar and is copyrighted and confidential. 2. Spinitar retains the right to substitute equivalent product for commercial or technical reasons without affecting the rest of the contract. 3. Terms are either monthly progressive or 40% down at the time of order, 40% when system delivery begins, and final 20% at sign off. 4. 1.5%1 month interest on accounts 20 days past due. Cancelled orders will incur a 25% restocking charge or the total of all Incurred charges, whichever is greater. 5. Spinitar guarantees the price as quoted for thirty (30) days from the date of quotation, unless otherwise noted. Client: 72andsunny Location: Playa Vista, CA AV Contract Value: $400,000.00 Completion Date: September 2014 Owner Contact: Casey Franks Office: 310-215-9009 Email: casey.franks@72andsunny.com Project Overview: Spinitar partnered with 72andsunny to assist with the relocation of their Los Angeles office to Playa Vista. The relocation project included the installation of a new audiovisual system into various spaces in the new office location as well as the relocation of some existing audiovisual equipment to be repurposed and integrated into the new system. The new spaces included but were not limited to a reception area, 3 edit bags, IN room, auditorium, large conference rooms and several small conference rooms across 2 floors. Spinitar installed video conferencing with Samsung dual displays in the conference rooms with Crestron control. 72andsunny created a unique space where the audiovisual equipment was intentionally designed and integrated to make as minimal a visual impact in each space as possible. Motorized microphones were installed to retract into the ceiling when they were not in use to continue with the minimalist theme. Client: Cedars Sinai Location: Advanced Health Science Pavilion Project Type: Healthcare / New Construction Completion Date: 4 /2013 AV Project Value: 2.9 Million General Contractor: Hathaway Dinwiddie Architect: HOK End User: Michael Trozzo—Phone 310.423.2556 The new Advanced Health Sciences Pavilion inte- grates clinical care and scientific research in a sin- gle building 450,000 sq. ft. 8 stories. The flexible building will house translational research labs as well as outpatient centers of excellence, clinical functions and outpatient procedure centers. A pla- za level features an educational center, cafe, phar- macy, blood lab and imaging facilities. The antici- pated LEED Gold design features materials that are environmentally friendly and energy-saving while also allowing or light and an enhanced sense of openness. Spinitar designed and Implemented a series of different hybrid meeting spaces throughout the facility. These meeting spaces consist of the Pla- za Level Conference Rooms, Departmental Con- ference Rooms, Training Center, and a State of the art Board Room. These meeting spaces are designed with the ability to use analog or digital inputs, Video Con- ferencing, integrated Audio Conferencing, and an integrated presentation control system de- signed to provide simple "Push Button" control. There is also a series of different digital signage systems throughout the AHSP Building. On the Plaza level you will be greeted,with a 2x3 digital art Video wall utilizing (6) 55" Thin Bezel dis- plays. Single Digital Signage Displays are located throughout the different levels, Customized Room Schedule Displays are located in front of Conference Rooms, and a Customized Digital Client: City of Morgan Hill The old meeting room only held an Location: Morgan Hill, CA audience of 60 to 80 spectators with AV Contract Value: $240,000.00 limited visibility to presentations and Completion Date: October 2014 commentators where as the new Contractor: DRP Builders, Inc. space can seat up to 280 people with Owner Contact: Jeff Rosenberger additional smaller rooms surrounding Office: 408-779-7271 the main chamber room for and ancillary uses. The Email: Iconferences new audiovisual system allows live jeff.Rosenberger@morganhillca.gov television broadcasts, viewing and Project Overview: storage of meeting videos on the Spinitar partnered with DRP Builders and internet and electronic presentations the City of Morgan Hill to upgrade its City by city staff and the public. The city Council meeting chambers in order to also intends to lease the space for one - "accommodate larger crowds, improve time community meetings or church public access and modernize the meeting gatherings. hall's audiovisual equipment and Client: Deckers Outdoor Corporation Location: Goleta, CA AV Contract Value: $1.8 mil Completion Date: February 2014 General Contractor: Oltmans Consultant: Waveguide Contact: Robert Hubert, Deckers Office: 805-967-7611 ext. 1184 Project Overview: Spinitar had the pleasure of working with Oltman Construction Co. to complete the Deckers Outdoor Corporation World Headquarters in Goleta, CA. Deckers looked to create a space that reflects its core vision and company culture where employees strive to make a difference in the world. The new headquarter facilities was designed to demonstrate their global reach and support company growth with Deckers wanted cutting edge technology in a collaborative space with a town hall approach for over 250 employees. The rotunda was designed with two 13x25 projection screens to be installed by lift, two Christie projectors on custom pool mounts through a custom wooden slated floating ceiling, custom lighting and a state of the art mobile cart to mix audio and video. This space is used for company -wide meetings, runway shows, and a versatile space to accommodate high profile clients. A retail space is the only area on campus with public access. It boasts an IPAD bar to allow customers to order online with three interactive kiosks for browsing product online while in the store. The space includes three 3x3 video walls and a 2x1 video wall located behind the cashier to display Client: Henry Mayo Newhall Memorial Hospital Location: Newhall, CA AV Contract Value: $900,000.00 Completion Date: May 2014 General Contractor: Intertech Owner Contact: Jill French Office: 661-253-8100 Email: frenchj@henrymayo.com Project Overview: Spinitar partnered with Henry Mayo to design the new educational center. Spinitar installed a training center, a SIM lab, six conference rooms and an Executive Boardroom. The training center included 7 rooms that can be combined in a variety of ways to accommodate all types of meetings. The Executive Boardroom consisted of two 90" displays, table microphones and utilized a table top 19" touch panel for room control. The conference rooms contained ceiling microphones, flat panel displays and table top touch panels. The room scheduling software was a mix of the hospitals EMS system and the AMX RMS platform. Each room that can be scheduled has a meeting calendar outside the room showing meeting information, schedule times and a green or red light Indicator showing room availability. The system included a Vocia paging system allowing the old main hospital the ability to page into the new education center P. Daniel Tompkins Vice President of Unified Communications Work Experience Biography D SGINITAR Dan returns to Spinitar as the Vice President of Unified Communications after being away three years, two of which were spent at an industry manufacturer. Dan previously spent 8 years with Spinitar, first as an Account Manager and later as a Sales Manager and Director of Sales. His total A/V experience extends from 2000. He acquired much of his experience working. as a Systems Account Manager and Sales Consultant with leading A/V Integrators. In his career, Dan has worked with all levels of personnel from technicians to Project Managers, enabling him to become familiar with all stages of the integration process which developed his strong work ethic making him a strong leader for Spinitar's Unified Communications division. Positions and Responsibilities As Vice President of Unified Communications, Dan is responsible for creating and carrying -out sales initiatives to meet revenue and budgetary objectives. He works with the Executive Management team to establish long-range goals, strategies, plans and policies to meet profitable results. Dan directly supports day-to-day departmental needs while implementing effective growth strategies and processes. He motivates and leads a high-performance sales team and provides mentoring to foster a success -oriented, accountable environment within the company. Qualifications and Industry Training Dan has a Bachelors of Arts degree in History from the University of Southern California and Masters of Business Administration from Pepperdine University. He is working to get recertified with his CTS and continually participates in A/V manufacturer based sales and technical training courses including AMX,,Barco, Crestron, Christie, Extron, Polycom, Polyvision, and Tandberg. Inlegraled audiovisual communications, managed and supporl services. Gil Gomez Account Manager Work Experience Biography 0 SPINITAR Gil has been with Spinitar since November of 1996. For the past several years that Gil has been with Spinitar, he has been instrumental in developing the Presentation Products Group. The division has expanded from box sales to small system sales during the time that Gil has been leading the department. By working closely with our manufacturer partners, he is able to provide our clients with affordable, high quality audiovisual equipment and systems. He works with a variety of clients deriving from education, business, government, military, house of worship and more. Positions and Responsibilities As an Account Manager for Spinitar, Gil is responsible for sales design and client consultation for installed and integrated pro AV systems and services to all corporate, educational, government and military customers. He pro -actively generates new sales and accounts in his territory, growing Spinitar's existing customer business by providing A/V Systems Integration solutions based on cutting edge technology. He works closely and extensively with the Engineering and Project Management teams to ded,'Ign and provide professional audio visual solutions customized for every customer's needs. Gil actively builds relationships with industry manufacturer's to maintain and expand his technical knowledge and to bring the best solutions to all his customers. Qualifications and Industry Training During'the course of his professional sales career with Spinitar, Gil has been able to acquaint himself extremely well with the extensive technology solutions and services available. Clients can rest assured that Gil's knowledgeable recommendations will reflect the quality, performance and affordability they are looking for. Integrated audiovisual communications, managed and support services. Biography 0 SPINITAR Joel Interiano, CTS Project Manager Work Experience Joel joined the Spinitar team in February of 2010 and has been in the audiovisual industry since 1994. Joel first began his career in AV in the service department as a driver and quickly moved up to a service technician, servicing and cleaning equipment. From there, Joel moved into operations, managing inventory for Southern California and Arizona offices. He was also IT Internal support for JD Edwards software, managing equipment and inventory for the company through multiple acquisitions. In 2004, Joel moved into Sales and Project Management for integration, which allowed him to follow his project through from start to finish with a huge amount of success. These roles also allowed him to learn and become involved in the Design Engineering of a project as well as assisting in the installation as necessary. Positions and Responsibilities As a Project Manager for Spinitar, Joel is responsible for managing, coordinating and overseeing several audiovisual systems integration projects. In this capacity, he manages project budgets, plans project timetables and coordinates personnel activities to ensure that required milestones are being met, integration teams are operating efficiently and clients are informed of project progress and completion timeframes. Joel also works closely with Spinitar's engineering teams and support personnel to verify that equipment and staff resources are properly allocated to each client project. As part of the Project Manager role and process, Joel regularly visits client job sites to coordinate team direction, initiate system testing, and oversee final commissioning procedures to verify strong system quality, functionality and operability. Qualifications and Industry Training Joel's background in the audiovisual industry makes him a very valuable asset to the Spinitar team. He holds an InfoComm CTS certification, an InfoComm Project Management certification, and an Extron AV Associates certification. He has also received extensive training from industry manufacturers. Inlegroled audiovisual communications, managed and support services. Todd Knight, CTS Project Foreman Work Experience Biography 0 SPINITAR Todd has been with Spinitar since January of 2013. Todd comes to Spinitar with over 10 years of installation experience. He was responsible for ensuring the timeliness and quality of all installation projects while emphasis in termination, rack building and trouble shooting Positions and Responsibilities As a Project Foreman for Spinitar, Todd reports to the Project Manager and Technical Support Team, and is responsible for the daily activities of coordinating and managing installation tasks with our customers, general contractors, electrical contractors and Spinitar sub -contractors. Todd provides essential communication with the Project Manager in coordination of installation tasks and gathers all the necessary information, tools and spare parts to insure the installation team performs the Installation correctly the first time. He participates in site walks, construction meetings, safety meetings, project kickoffs and reviews and prioritizes onsite efforts to ensure the project stays on track and on budget. Qualifications and Industry Training CTS Todd thrives to continue his training & education in the AV industry. ntegraied audiovisual communications, managed and support services. Biography• SPINITAR Scott Kroeze, CTS Vice President, Service and Communication Solutions Work Experience Scott has been with Spinitar since September of 2005. He was hired on to sell educational tools for Spinitar's Visual Products Group and it was in this role that he established himself as an adept salesman who could offer knowledgeable insight. Soon after, he was promoted to Area Sales Manager where he was responsible for supporting the Southwestern tri-state area sales team. His leadership skills and successes combined with his familiarity with the company later made him the ideal candidate to lead Spinitar.s Service department; where under his tutelage, grew into a true Spinitar differentiator. As Scott's operational experience and successes mounted it became clear that Spinitar'would benefit greatly having Scott Influence more aspects of the company. In January 2011, that was exactly what happen as he was promoted to Director of Technical Operations overseeing all of Spinitar's technical resources and serving as a member of the Spinitar Executive leadership team. Then again, in October 2012, Scott was promoted to Vice President of Service and Communication Solutions to oversee three Spinitar business units; VPG, PPG, and Service. Scott continues to serve as an active participant In Spinitar's Executive Leadership Team. Positions and Responsibilities As the Vice President of Service and Communication Solutions and as a contributing member of the Spinitar Senior Management team, Scott helps implement and manage all company objectives. Scott's day to day responsibilities include leading a core group of department managers and assisting them in direct support and oversight of the 3 business units. Scott is responsible for budgeting, training, career development, coaching, customer Interaction/! ntervention, best practices and process development, qualify, profitability, while being a sales leader on behalf of all Spinitar businesses. Qualifications and Industry Training • Biamp RU training • Christie Digital service training Dale Carnegie leadership training for Manager Clearone Certified Technologist NEC Service training Scott remains knowledgable by consistently attending trainings and seminars with industry leaders. He also holds a BS from California Polytechnic State University, San Luis Obispo. Integrated audiovisual communications, managed and support services. CITY COUNCIL Agenda # 6.7 (a) Meeting Date: May 3 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man e TITLE: RESOLUTION OF THE CITY C UNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 21, 2016 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: As shown on the attached Engineer's Report, $269,025 of assessment generated by this District and $117,253 of the General Fund are proposed to pay for the operation and maintenance costs budgeted in special fund No. 138. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 17,935 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2015-2016 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2016-2017 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: �l David G. eiu Director of Public Works Attachments: Resolution No. 2016 -XX Exhibits A-1 and B-1 Engineer's Report, dated April 26, 2016 RESOLUTION NO. 2016 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 21, 2016 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 ("District") was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. sec.). (ii) SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the Engineer of Work relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2016-17 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit 'A-1" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the Engineer's Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2016-17. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2015-16. 6. This Council hereby fixes 6:45 p.m. on June 21, 2016 in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2016-17 and hereby gives notice of said hearing. PA, 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 3rd day of May, 2016. Nancy A. Lyons Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of May, 2016, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommy Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-1 j SHEET 1 tlF i SHEET 1 T V)\�` � k � O l e EXHIBIT "A -t• Fr n ASSESSMENT DIAGRAM ,�r - ASSESSMENT DISTRICT N0. 38 FOR THE CITY OF DIAMOND BAR s:ct. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 38 ENGINEER'S REPORT FISCAL YEAR 2016-17 APRIL 2016 PURSUANTTO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XII ID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 W W W.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR/ CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR 4111IC CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SS^_�iConsultingGroup ENGINEER's REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK) CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingGroup ENGINEER'S REPORT, FISCALYEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEERS REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS& SPECIFICATIONS......................................................................................................9 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET ....................................................... 11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT..........................................................................13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSIONOF BENEFIT................................................................................................ 13 SPECIALBENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFITFINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 20 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21 ASSESSMENT...................................................................................................................... 22 ASSESSMENTDIAGRAM........................................................................................................24 ASSESSMENTROLL............................................................................................................. 26 CITY OF DIAMOND BAR mm LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE IV LIST OF TABLES TABLE 1 - FY 2016-17 ESTIMATE OF COSTS ...... ............................ ........ ,......... ................ ..... 11 TABLE 2 - FY 2016-17 SUMMARY COST ESTIMATE ........ ........................ ......................... ....... 22 CITY OF DIAMOND BAR mm� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains perimeter and median landscaping, and other improvements ("Improvements") to various parts of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 38 ("District") was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for over 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR _ LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 ww ENGINEER'S REPORT, FISCAL YEAR 2016-17 SC IConsultingG roup PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4T1431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: • Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Improvement District • The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XII IC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGr0up ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon ("Bonander"), the 15I District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and MID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR wp� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as follows: MEDIANS The landscaped islands to be maintained by the District are located as follows: • Diamond Bar Blvd • Grand Ave • Golden Springs Dr — 57 fwy overcrossing to West City Limits • Golden Prados Dr — Golden Springs Dr to Hopi St • Tin Dr — Great Bend Dr to Diamond Bar Blvd • Lemon Ave — Lycoming St to Golden Springs Dr • Sunset Crossing Rd — 57 fwy off -ramp to Prospectors Rd • Prospectors Rd — at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr • Pathfinder Rd at Brea Canyon Rd (east of 57 fwy) PARKWAYS The landscaped parkways to be maintained by the District are located as follows: • Grand Ave — Summit Ridge to Diamond Bar Blvd, north side • Temple Ave — Diamond Bar Blvd to Golden Springs Dr, south side • Golden Springs Dr — Ballena Dr to End of cul-de-sac • Golden Springs Dr — EI Encino Dr to Platina Dr • Golden Springs Dr — Rancheria Rd to end of cul-de-sac • Diamond Bar Blvd — Mountain Laurel Way to Maple Hill Rd • Pathfinder Rd — Evergreen Springs Dr to end of cul-de-sac • Brea Canyon Rd — at Gerndal St • Golden Springs Dr — at Adel Ave • Brea Canyon Rd — South of Pathfinder Rd to southerly City Limits, both sides • Sunset Crossing Rd — Big Falls Dr to Chapparal Dr TURF AREAS The landscaped turf areas to be maintained by the District are located as follows: • Diamond Bar Blvd — at Gold Rush Dr • Grand Ave (east side) — from south of Rolling Knoll Dr to driveway at the Diamond Bar Center CITY OF DIAMOND BAR ®- LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 •' V- ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 10 Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR p� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCI ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016.17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1 — FY 2016.17 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits (subsidized by General Fund) $ 35,966 Operating Expenses Advertising 5,000 Utilities $ 132,000 Maintenance of Grounds/Buildings 16,200 Professional Services 5,500 Contract Services 191,612 Capital Improvements 0 Reserve for Future Capital Improvements 0 Estimated Expenditures $ 386,278 Revenue Item Amount Direct Benefit Assessments FY 2016/17 $ 269,025 General Fund Contribution $ 117,253 Estimated Revenues $ 386,278 Budget Allocation to Parcels Amount Total Assessment BudgetA $ 269,025 Total Assessable Parcels 17,935 Assessment per Parcel $ 15.00 CITY OF DIAMOND BAR xp LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 S C IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects aswell as a capital improvementfund foraocumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR - LANDSCAPE .AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be CITY OF DIAMOND BAR - LSNDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 14 provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record, From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. I In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICTS The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide 1 From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 16 additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total _ General Special Benefit — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General Property Outside Property Inside the Benefit to Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 17 Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: 18 parcels outside the District 17,935 parcels in the District CALCULATION: General Benefit to property outside the District = 18/(18+17,935) = 0.10% CITY OF DIAMOND BAR vw LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 90I ConsultingG roup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 18 BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT To THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements — and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property's green space, and creation of lots), the only benefit that is conferred by way of pass -by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 19 LANDSCAPING GENERAL BENEFIT CALCULATION 0.10% (Outside the District) 4.43% (Property within the District) 5.00% (Public at Large) 9.53% (Total General Benefit) Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this CITY OF DIAMOND BAR OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 Sr,'ConsultingGroup ENGINEERS REPORT. FISCAL YEAR 2016-17 PAGE 20 "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below., 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.z ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $15.00. 2 From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 C 9ConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 21 DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 ASSESSMENT PAGE 22 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2 — FY 2016.17 SUMMARY COST ESTIMATE Salaries & Benefits Operating Expenses & Services Capital Expenses Total for Services Less General Fund Contribution Less Other Revenue Net Amount to Assessments 35,966 350,312 $ 386,278 (117, 253) $ 269,025 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 23 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District. Dated: April 26, 2016 No. 4884 EW 9 i /6 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0. 38 ENGINEERS REPORT, FISCAL YEAR 2016-17 Engineer of Work Jerry Bradshaw, License No. C48845 3CIConsultingGroup PAGE 24 ASSESSMENT DIAGRAM The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 26 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 ENGINEER'S REPORT, FISCAL YEAR 2016-17 SCIConsultingGroup CITY COUNCIL Agenda # _ 6.7 (b) Meeting Date. May 3 2016 AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: James DeStefano, City Mana ae TITLE: RESOLUTION OF THE CITY C UNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 21, 2016 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: As shown on the attached Engineer's Report, the $295,236 of assessment generated by this District is proposed to pay for the operation and maintenance costs budgeted in special fund No. 139. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2015-2016 was $236.00 per parcel. The amount to be assessed for Fiscal Year 2016-2017 is proposed to be set at $236.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. In addition, the assessments will be utilized to make improvements at Longview Park South. 1078935.1 The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: — I�X;2 - David . Liu Director of Public Works Attachments: Resolution No. 2016 -XX Exhibits A-2 and B-2 Engineer's Report, dated April 26, 2016 RESOLUTION NO. 2016 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 21, 2016 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. sec.). (ii) SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the Engineer of Work relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2016-17 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the Engineer's Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2016-2017. Said proposed assessment per lot is the amount of $236.00, the same amount which was levied in fiscal year 2015-16. 6. This Council hereby fixes 6:45 p.m. on June 21, 2016 in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 2016-17 and hereby gives notice of said hearing. E 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XI IID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 3rd day of May, 2016. Nancy A. Lyons Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 31d day of May, 2016, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-2 SSESSMEN, F DIAGRAM M ASSESSMENT L ISTRiC" NO. 39 FOR ?tE 'R 7 ter as fir" � �i r � i I i !y N[ Klus ��_. r r �ra 1078935.1 11� , r:yr --u.erwe -I- u �I r, 'R 7 ter as fir" � �i r � i I i !y N[ Klus ��_. r r �ra 1078935.1 11� , r:yr --u.erwe -I- u CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 ENGINEER'S REPORT FISCAL YEAR 2016-17 APRIL 2016 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 W W W.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR/ CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Bob Rose CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR wm� LANDSCAPING ASSESSMENT DISTRICT NO. 39 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEERS REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS......................................................................................................9 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET.......................................................11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT.......................................................................... 13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSION OF BENEFIT................................................................................................ 13 SPECIALBENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFIT FINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT...................................................................................................................... 23 ASSESSMENT DIAGRAM........................................................................................................ 25 ASSESSMENTROLL............................................................................................................. 27 CITY OF DIAMOND BAR mllll� LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE IV LIST OF TABLES TABLE 1 -FY 2016-17 ESTIMATE OF COSTS...............:...:.....................................................11 TABLE 2 - FY 2016-17 SUMMARY COST ESTIMATE................................................................. 23 CITY OF DIAMOND BAR wm� LANDSCAPING ASSESSMENT DISTRICT NO. 39 SCICOnsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 39 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction overthe District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article MID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 39 mo ENGINEER'S REPORT, FISCAL YEAR 2016-17 SCIConsultingGroup PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL, 4T1431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: • Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Improvement District • The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR mo LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (Le, 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon ("Bonander'), the 151, District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ('Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR 0 LANDSCAPING ASSESSMENT DISTRICT No. 39 S.JConsultingGroup ENGINEERS REPORT, FISCALYEAR 2016-17 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XI IIC and XI I ID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR mw LANDSCAPING ASSESSMENT DISTRICT No. 39 SCICOnsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or waterfor the irrigation of any landscaping, the operation of any fountains, orthe maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR r LANDSCAPING ASSESSMENT DISTRICT NO. 39 SCIConsultingGrOup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR no LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016.17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1 — FY 2016.17 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits $ 20,643 Operating E)penses 295,236 Advertising 5,000 Utilities 72,300 Maintenance of Grounds/Buildings 24,100 Professional Services 5,500 Contract Services Total Assessment Budget" Landscape Maintenance 139,332 Tree Maintenance 5,315 Weed/Pest Abatement 17,000 Capital Improvements 6,046 Reserve for Future Capital Improvements 0 Estimated Expenditures $ 295,236 Revenue Item Amount Direct Benefit Assessments FY 2016/17 $ 295,236 General Fund Contribution 0 Estimated Revenues $ 295,236 Budget Allocation to Parcels Amount Total Assessment Budget" $ 295,236 Total Assessable Parcels 1,251 Assessment per Parcel $ 236.00 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR 111110� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar, 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits. r In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. I From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR - IANDSCAPING ASSESSMENT DISTRICT No. 39 SCI ConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: CITY OF DIAMOND BAR mss--- LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 17 Total _ General Special Benefit — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage' and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General Property Outside Property Inside the Benefit to _ Benefit the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. CITY OF DIAMOND BAR mo LANDSCAPING ASSESSMENT DISTRICT NO. 39 SCIConsultingGroup ENGINEERS REPORT. FISCAL YEAR 2016-17 PAGE 18 BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini -parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: 87 parcels outside the District 1,251 parcels in the District 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 87/(87+1,251) x 50% = 3.25% BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECTAND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51 % of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCICOnsultingGrOup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 19 BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half of the general benefit: use of parks, and pass -by trips where landscaped areas can be viewed. In the case of the mini -parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public; no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore we find that ((50% of 10%) x 50% _) 2.500% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 7.26% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 3.25% (Outside the District) 1.51% (Property within the District) 2.50% (Public at Large) 7.26% (Total General Benefit) Although this analysis finds that 7.26% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 8%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: CITY OF DIAMOND BAR -- LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 20 The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 21 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from the prior year. The estimated assessment per parcel is $236.00. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR ®sem LANDSCAPING ASSESSMENT DISTRICT No. 39 SCAConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2 — FY 2016.17 SUMMARY COST ESTIMATE Salaries & Benefits $ 20,643 Operating Expenses & Services 268,547 Capital Expenses 6,046 Total for Services $ 295,236 Less General Fund Contribution 0 Less Other Revenue 0 Net Amount to Assessments $ 295,236 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR [rte LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIlConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 24 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District. Dated: April 26, 2016 No. 4884 Exp. 9 9 ib CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 ENGINEER'S REPORT, FISCAL YEAR 2016-17 Engineer of Work Jerry Bradshaw, License No. C48845 Sf 1ConsultingGroup PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR vp� LANDSCAPING ASSESSMENT DISTRICT No. 39 !ConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICTNo. 39 �— ENGINEER'S REPORT. FISCAL YEAR 2016-17 ' f-uConsultingGroup CITY COUNCIL Agenda # 6 . 7 (c) Meeting Date: May 3 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City nak TITLE: RESOLUTION OF THE CITY OUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 21, 2016 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: As shown on the attached Engineer's Report, $122,157 of assessment generated by this District, $5,000 of Prop A Funds and $82,013 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 141. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2015-2016 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2016-2017 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David . Liu Director of Public Works Attachments: Resolution No. 2016 -XX Exhibits A-3 and B-3 Engineer's Report, dated April 26, 2016 2 RESOLUTION NO. 2016 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 21, 2016 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) SCI Consulting Group, the Engineer or Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the Engineer of Work relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2016-17 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 2016-17. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 2015-16. 6. This Council hereby fixes 6:45 p.m. on June 21, 2016 in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 2016-17 and hereby gives notice of said hearing. 2 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XII ID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 31d day of May, 2016. Nancy A. Lyons Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the V day of May, 2016, by the following Roll Call vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommy Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-3 ASSESSMENT DISTRICT NO- 41 Fm THE OtT OF DIAMOND BAR IJP - } ri 1 I � 4 f it I '4� 4h y d I .Y I ' d J c i. Al r'B�x—t c � r I z i I do yG r jG �y 11 �! lop' 1�4L t+ ti y t 5 _ CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 ENGINEER'S REPORT FISCAL YEAR 2016-17 APRIL 2016 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAX 707.430.4319 W W W.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTORI CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Bob Rose CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR VIF LANDSCAPING ASSESSMENT DISTRICT No. 41 }3-= COnsultingGrOup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK) CITY OF DIAMOND BAR r LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEERS REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS &SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET.......................................................11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT..........................................................................13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSION OF BENEFIT................................................................................................ 13 SPECIALBENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFIT FINDING........................................................................................................... 18 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT ..................... ASSESSMENT DIAGRAM....... ASSESSMENT BOLL ........................ CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEERS REPORT, FISCAL YEAR 2016-17 ......................................................................... 23 ................................................................... 25 ................................................................... 27 -SCIConsultingGroup PAGE IV LIST OF TABLES TABLE 1- FY 2016-17 ESTIMATE OF COSTS., ....................................................................... 11 TABLE 2- FY 2016-17 SUMMARY COST ESTIMATE................................................................ 23 CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT No. 41 SCICOnsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar High Country area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 41 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 41 am ENGINEER'S REPORT, FISCAL YEAR 2016-17 S, IConsultingGroup PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (" SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: • Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Improvement District • The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT N0.41 Sd` GConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4T1708 In Dahms v. Downtown Pomona Property ("Oahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP, 4TH 103 Bonander v. Town of Tiburon ("Bonander), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR mo LANDSCAPING ASSESSMENT DISTRICT No. 41 1-;i'3Consultin9Group ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XI I ID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT N0.41 SCICOnsultingGrOup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or waterfor the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016.17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1 — FY 2016.17 ESTIMATE OF COSTS Expenditure Item Salaries & Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Landscape Maintenance Tree Maintenance Weed/Pest Abatement Capital Improvements Reserve for Future Capital Improvements Estimated Expenditures Revenue Item Direct Benefit Assessments FY 2016/17 General Fund Contribution Prop A Contribution Estimated Revenues Amount $ 17,521 5,000 49,724 17,000 5,500 49,800 18,425 46,200 0 0 $ 209,170 Amount $ 122,157 82,013 5,000 $ 209,170 Budget Allocation to Parcels _ Total Assessment BudgetA $ Total Assessable Parcels Assessment per Parcel CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT. FISCAL YEAR 2016-17 Amount 122,157 554 $ 220.50 II— Sa, ConsultingGroup PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR VIF LANDSCAPING ASSESSMENT DISTRICT No. 41 QN."_:IConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR fflw� LANDSCAPING ASSESSMENT DISTRICT N0.41 53' IlConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits. r In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are anotherdirect and tangible advantage that is uniquely conferred upon property in the District. I From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR Ipw� LANDSCAPING ASSESSMENT DISTRICT N0.41 ' V,[ConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement' to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. CITY OF DIAMOND BAR OW� LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT. FISCAL YEAR 2016-17 In other words: Total _ General Special Benefit — Benefit + Benefit PAGE 17 There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct' and are not `over and above' benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements 'over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General Property Outside Property Inside the Benefit to Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. CITY OF DIAMOND BAR O LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT. FISCAL YEAR 2016-17 PAGE 18 BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: • 23 parcels outside the District • 554 parcels in the District • 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 23/(23+ 554) x 50% =1.99% BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECTAND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and 'particular and distinct' when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, CITY OF DIAMOND BAR g LANDSCAPING ASSESSMENT DISTRICT No. 41 yC lCOnsultingGrOup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 19 major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of pass -by vehicle trips are by non-residents or non -property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore we find that ((90% of 25%) x 10% _) 2.25% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 1.99% (Outside the District) 0% (Property within the District) 2.25% (Public at Large) 4.24% (Total General Benefit) Although this analysis finds that 4.24% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 5%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 S-.IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 20 CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and putter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: CITY OF DIAMOND BAR fflw� LANDSCAPING ASSESSMENT DISTRICT No. 41 `_� :"=ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 21 The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar, 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $220.50. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. 2 From the Engineers Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE22 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2 — FY 2016.17 SUMMARY COST ESTIMATE Salaries & Benefits Operating Expenses & Services Capital Expenses Total for Services Less General Fund Contribution Less Other Revenue (Prop A) Net Amount to Assessments 17,521 191,649 $ 209,170 (82,013) (5,000) $ 122,157 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 Sf',JConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 24 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District. Dated: April 26, 2016 No. 4 EP. 9 i /6 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 ENGINEER'S REPORT, FISCAL YEAR 2016-17 LA Engineer of Work Jerry Bradshaw, License No. C48845 SCIConsultingGroup PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 oc, ASSESSMENT DISTRICT NO. CITY OF DIAMOND BAR . 4 ;■, /` art• �=- �;- `,a. 1►;� ''1/ r. _, I. I Il - i 11lt I'N'. , " 14 7ryY i ° 1,. IL l� � v f// w4{�., � A�t, . s oto• � • pd y�w . .fir vre � � •.: - - -X :` r � i Iet � � ! il ■ 1 i i PAGE27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 ENGINEERS REPORT. FISCAL YEAR 2016-17 SSC IConsultingG roup CITY COUNCIL Agenda # 6 , 8 Meeting Date : May 3 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M n r TITLE: APPROVE CONTRACT AMEND ENT NO. 2 WITH HARDY & HARPER, INC. FOR THREE (3) FISCAL YEARS (FY 16-17, FY 17-18 & FY 18-19) FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES SPECIFIC TO ASPHALT PAVEMENT, SIDEWALK, CURB & GUTTER AND STRIPING MAINTENANCE. RECOMMENDATION: Approve. FINANCIAL IMPACT: Hardy & Harper, Inc. has submitted a written request to extend their maintenance services contract for an additional three (3) years and has agreed to hold their unit pricing through FY 2018-19. Funded mostly by Gas Tax Fund, the Public Works Maintenance budget for FY 2016-17 will be adequate for the estimated expenditure proposed for various Public Works maintenance services. In the FY 2016-17 operating budget, based on the proposed/planned Work Program, this maintenance contract is estimated at a not - to -exceed amount of $570,000. BACKGROUND/DISCUSSION: On June 18, 2013, the City Council approved the Hardy & Harper's on-call street maintenance services contract extension for a three-year period beginning July 1, 2013 through June 30, 2016. The original contract includes the provision to award additional contract extensions upon successful demonstration of exemplary contract performance. Under the Public Works Maintenance Program, the overall scope of work includes asphalt/concrete pavement, sidewalk, curb & gutter and striping maintenance as deemed necessary by the Public Works Department. The services provided by Hardy & Harper, Inc. have been exemplary for the last three (3) years. Staff recommends that the City Council approve the extension for three (3) years to the agreement with Hardy & Harper, Inc. for On -Call Public Works Maintenance Services. PREPARED BY: Jorge Garcia, Street Maintenance Superintendent REVIEWED BY: � r David 0. Liu,' Director of Public Works Attachments: Request Letter dated April 14, 2016 Contract Amendment No. 2 2 Date Prepared: April 26, 2016 MAIC LR .;dun*.hcr 11SC�-,_' I%1 d1 �14d-714 � 1 Pr"�A f; l :'=�'�-'•-l'riC� l '. April l4a', 2016 David C. Liu Director of Public Works City of Diamond Bar 21810 E. Copley Drive Diamond Bar, CA 91765 Dear Mr. Liu, Hardy & Harper, Inc would like to request for a (3) year extension for Contract FY 16-17, FY 17-18, & FY 18-19 Street Maintenance Services. Attached you will find the Compensation Schedule. We will hold our same unit pricing mil 2018/2019 fiscal year. If you need any further assistance, please do not hesitate to contact our office. r 11111 a Thank you, Steve Kirschner — Vice President APPENDIX `:E;, STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE WORK ACTIVITMS UNIT EST. � A.NNUAl QTY UNIT PRICE AMOUNT ROAR MAINTENANCE 4" AC SURFACE R&R SF 3000 6.80 6" AC SURFACE R&R SF 2000 8.30 8" AC SURFACE R&R SF 5000 9.80 AC SKIN PATCH SF 5000 3.00 1 ''/z" MILL GRIND & OVERLAY SF 10,000 2.50 2" MILL GRIND & OVERLAY SF 10,000 2.80 SAW CUT LF 1000 1.50 ADJUST MANHOLE EA 100 390 PARKING LOT SEAL COAT (GUARD TOP) SF 30,000 0.15 ROAD MARKINGS PAEiT _ SOLD DOUBLE YELLOW LF 25,000 0.12 2 -WAY LEFT LF 10,000 0.12 _ _ 1 -WAY PASS LF 10,000 0.72 4" SKIP LF 25,000 0.45 4" SOLD LF 25,000 0.67 6" SOLID LF 2500 0.90 8" SOLD LF 2500 0.14 12" LIMIT LINE LF 5000 0.80 TYPEIARROW(10') EA 25 19.25 TYPE IV ARROW (8') EA 25 19.25 _ TYPE VII ARROW (13') EA 15 33.00 8.80 8' LETTER EA 200 REFLECTIVE PAVE MARKER EA 500 3.10 CERAMIC RAISED MARKER EA 500 1.40 _ SANDBLAST W/CLEANUP SF 1000 2.20 ROAD MARKINGS THERMOPLASTIC SOLID DOUBLE YELLOW LF 500 0.85 2 -WAY LEFT LF 250 0.85 1 -WAY PASS L[ 250 0.85 4" SKIP LF 100 0.40 4" SOLD LF 100 0.45 6" SOLD LF 500 0.55 8" SOLD LF -5-00- 0.80 12" LIMIT LINE LF 500 2.00 TYPE I ARROW (10') EA 25 71.50 TYPE IV ARROW (8') EA 25 71.50 TYPE VIE ARROW (13') EA 15 120.00 _ 8' L ETTER EA 1 200 21.00 � PI'El'TIO&t. 6;B; STREET IrU'JNITENA-NCF SERVICES CONIT'ENSA1 fi011 SCISEDIILF Pp. 2-2 WORK ACT`G UITIT 'EST. ST. A NTNTI]AG QTY I l`dIT PRICE ANdOI 'I' 4" PCC SIDEWALK/DRIVEWAY/FLATWORK R&R SF 20,000 11.50 80.00 6" PCC SIDEWALK/DRIVEWAY/FLATWORK R&R SF 5,000 13.50_ 118.00 6" PCC DRIVEWAY SPPWC STD PLAN 110-2 TYPE A & B R&R SF 2000 14.50 _ 6" PCC DRIVEWAY SPPWC STD PLAN 110-2 TYPE C R&R SF 2000 14.50_ TRUCK DRIVER CLASS A CURB & GUTTER R&R LF 1000 58.00 76.00 6" A -CURB R&R LF 500 45.00 109;%t 8" A -CURB R&R LF 500 46.00 125.00 _ SIDEWALK AC PATCH (RAMPING) SF 1000 3.00 SIDEWALK GRINDING REMOVE EXIST.WG CONDITIONS & INSTALL CURB RAMPS SPPWC STD PLAN 111-5 TYPE 1-6 CASE A SPPWC STD PLAN 111-5 TYPE 1-2 CASE B LF EA 3000 20 7.50 2600 4" PCC WITH REBAR LNCLUDE GRADING SF 5000 8.50 6" PCC WITH REBAR INCLUDE GRADING SF 5000 9.50 TIME AND lV ATERIAL RATES LABOR RA'G'ES PEA R HOUR , G RE YEAR - i � RT -_____ D"UBLE TGV9E SUPERINTENDENT 80.00 118.00 156.00 SUPERVISOR 80.00 118.00 156.00 FOREMAN 77.00 3.00 47.00 HEAVY EQUIPMENT OPERATOR 76.00 112.00 146.00 TRUCK DRIVER CLASS A 68.00 92.00 121.00_ MASON 76.00 91.00 120.00 ASPHALT RAKER 64.00 109;%t 144.00 LABORER 63.00 96.00 125.00 AMENDMENT NO. 2 TO THE STREET MAINTENANCE SERVICES AGREEMENT This Amendment No. 2 is made and entered into this day of 2016, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY') and HARDY & HARPER, INC. (hereinafter referred to as "CONTRACTOR"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONTRACTOR to provide On -Call Street Maintenance Services, which the Agreement was dated July 1, 2008. (ii.) The CONTRACTOR submitted a request for extension of the contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide on-call street maintenance services. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by CONTRACTOR are as described in Exhibit "A", dated July 1, 2008 and Exhibit "B", dated April 14, 2016. CONTRACTOR shall begin its services under this Agreement on July 1, 2016. Section 3: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "CITY agrees to compensate CONTRACTOR for each service which CONTRACTOR performs to the satisfaction of CITY in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by CITY. Section 13: Termination of Agreement is hereby amended to read as follows: Termination of Agreement. This Amendment No. 2 will terminate on June 30, 2019, unless otherwise extended in advance and in writing by the City Manager. Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. 3 Any modifications of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above: "CITY" ATTEST: By: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: [$]1W/_\0to] N►1:0 4 CITY OF DIAMOND BAR Nancy A. Lyons, Mayor HARDY & HARPER, INC. CITY COUNCIL Agenda 9 6 . 9 Meeting Date: Mav 3, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M e TITLE: RESOLUTION NO. 2016 -XX AC EPTING A QUITCLAIM DEED AND IRREVOCABLE OFFER OF DE ICATION FROM THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT FOR PUBLIC USES SPECIFIC TO LARKSTONE PARK AND LARKSTONE DRIVE RECOMMENDATION: Approve and authorize the Mayor to sign the Certificate of Acceptance of the Offer of Dedication and the Certificate of Acceptance of the Quitclaim Deed. FINANCIAL IMPACT: Once Larkstone Park (See attached Vicinity Map) is fully constructed and turned over to the City, an estimated annual operating and maintenance budget of $36,355 will be required. The portion of Larkstone Drive being quitclaimed to the City (See attached Vicinty Map) will be incorporated into the City's seven year roadway maintenance cycle with an approximate maintenance cost of $10,000 every seven years. BACKGROUND/DISCUSSION: As part of the approved Vesting Tentative Tract Map 63623 commonly referred to as Southpointe, the requirement to dedicate a public park and the associated Larkstone Drive fronting the newly created park was imposed as a condition of approval in City Council Resolution 2007-18. Both properties are owned by the Walnut Valley Unified School District (District). The total park area being dedicated is 6.83 acres. In order for the park and associated access through Larkstone Drive to be opened to public use, the property has been quitclaimed by the District and signed by the Assistant Superintendent of Business Services pursuant to the District's Board approval. The developer of Vesting Tentative Tract Map 63623, Lennar Homes, intends to construct the Larkstone Park over the next several months once plan approval has been obtained and permits are issued. PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED BY: David G. Liu, Director of Public Works/City Engineer Attachments: Aerial Map Resolution No. 2016 -XX Exhibit A -Irrevocable Offer of Dedication (for Larkstone Park) Exhibit B -Quitclaim Deed (for Larkstone Drive) kXp ooc n ,mss a 7opa, Ln Jad=rr _ Dbmonc Poirte Ln RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR ACCEPTING A QUITCLAIM DEED AND IRREVOCABLE OFFER OF DEDICATION FROM THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT FOR PUBLIC USES WHEREAS, the Walnut Valley Unified School District Board of Directors has approved an Irrevocable Offer of Dedication and Quitclaim Deed relating to properties to be used by the City of Diamond Bar ("City") for park and street purposes, copies of which are attached hereto, respectively, as Exhibits "A" and "B"; WHEREAS, pursuant to Government Code § 27281, prior to recording either document the City is required to evidence its acceptance of any interest in real property by either a certificate or resolution of acceptance by the City Council of the City of Diamond Bar ("City Council'). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby find and determine as follows: 1. That in accordance with Government Code § 27281 that the interests in real property conveyed by the Irrevocable Offer of Dedication and Quitclaim Deed, attached hereto respectively as Exhibits "A" and "B", are hereby accepted by the City Council and further that the Mayor of the City is authorized to execute, and the City Clerk to attest to, a certificate of acceptance for both interests. APPROVED AND ADOPTED this 3rd1h day of May, 2016. Nancy A. Lyons, Mayor Attest: Tommye Cribbins, City Clerk 1155228.1 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 3rdlh day of May 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar 1155228.1 Lx1+lrSIr A RECORDING REQUESTED BY: WALNUT VALLEY UNIFIED SCHOOLDISTRICT AFTER RECORDING PLEASE RETURN TO: CITY OF DIAMOND BAR 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Attorney THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OFTHE CALIFORNIA GOVERNMENT CODE. (Space above LineforRecordefs Use Only) IRREVOCABLE OFFER OF DEDICATION FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walnut Valley Unified School District represents that, as the owner of the herein -described real property ("Grantor"), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to the City of Diamond Bar ("City") the hereinafter described real property for the following public purpose: PARK SITE The real property referred to above is situated in the City of Diamond Bar, County of Los Angeles, State of .California, as more particularly described in Exhibit "A" and depicted on Exhibit 'B" both of which are attached hereto. This offer of dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. The property dedicated herein is on an "AS -IS" basis and Grantor makes no representation or warranty of any kind regarding the condition of the Grantor's property. The property dedicated herein is subject to all existing easements, covenants, and restrictions recorded against the Grantor's property. WITNESS WHEREOF, Grantor has executed this Irrevocable Offerof Dedication of 4z4.1 1 -2D/,�o 2016. WALNUT VALLEY UNIFIED SCHOOL DISTRICT By: Michael R. odson Its: Assistant Superintendent, Business Services 005259.00067 13457822.1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County ofL65 Arhq<- 1e S } On kbYuary 1. ao I, before me, 00i e, E. U7hlsenafd .00.6 y Fabl�t; , I iaTn maennamea a wa" personally appeared m kc- lel i-6ckspn who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(e) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. JULIE E. WNISEMANO Comndaslon 0 2022105 WITNESS my hand and official seal. I urypolow-cast wo Lor Angles County /� v� M Comm. EI lm Mey 21 2011 N ary'Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMA DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descnpfion of atlached document) or description of attached document wagnued) Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notmy wording and. lfneeded. should be completed and attached to the document. Acknowledgments from other states may be completed far documents being sent to that state so long as the wording does not require the California notary to violate California notary lar. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date theacknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of unionization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e. begged hey is /ere) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of the county clerk. L Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, S Indicate title or type of attached document, number of pages and date. 5 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXElIOIT"A" LEGAL DESCRIPTION FOR PARKSITE DEDICATION THAT PORTION OF LOT 49 OF TRACT NO. 32576, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 927, PAGES 28 TO 31 INCLUSIVE OF MAPS, IN THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY; TOGETHER WITH THAT PORTION OF SECTION 17, TOWNSHIP SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, ALL IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 72 OF TRACT NO. 32091, RECORDED IN BOOK 897 PAGES 72 THROUGH 78, INCLUSIVE, OF MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 72 SOUTH 7202642" EAST, 6.26 FEET TO THE BEGINNING OF A 220.60 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°29'02° A DISTANCE OF 51.77 FEET; THENCE SOUTH 58"5740' EAST, 35.31 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 14'32'03" WEST; THENCE SOUTHWESTERLY LEAVING SAID SOUTHWESTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'26'37"A DISTANCE OF 19.38 FEET; THENCE SOUTH 3l'OT20' WEST, 5.13 FEET TO THE BEGINNING OF A 282.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH ACENTRAL ANGLE OF 00'44'44'A DISTANCE OF 3.67 FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS COMPOUND CURVE; CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 69"4224" WEST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7804352"A DISTANCE OF 41.22 FEET TO THE BEGINNING OF A 40.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 41.33'43" EAST; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 141'46'31"A DISTANCE OF 98.98 FEET TO THE BEGINNING OF A 30.0D FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 03°20'15" EAST; THENCE SOUT14WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96063'56'A DISTANCE OF 50.74 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS REVERSE CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH W*2619" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°65'41" A DISTANCE OF 9.57 FEET; THENCE SOUTH 18°22'00" W EST, 98.54 FEET; THENCE SOUTH 70°20'32" EAST, 98.03 FEET; THENCE NORTH 19"5728" EAST 5.57 FEET; THENCE NORTH 70'48'26" EAST, 5.38 FEET; THENCE SOUTH 62"11'32" EAST,14.39 FEET; THENCE SOUTH 1 D'41'32" EAST, 96.08 FEET; THENCE NORTH 87'4828' EAST, 15.34 FEET; THENCE NORTH 83'03'26" EAST, 19.60 FEET; THENCE NORTH 74038"28" EAST, 12.21 FEET: THENCE SOUTH 63°52'32" EAST, 44.55 FEET; THENCE SOUTH OD'i V26" EAST, 09.66 FEET; THENCE NORTH 85"40'23" WEST, 154.79 FEES; THENCE SOUTH 72'20'10- WEST, 54.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93°10'61" A LENGTH OF 81.32 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 20050'41" EAST 78.93 FEET; THENCE NORTH 60"47'12" EAST, 89.12 FEET; THENCE SOUTH 82'44'59" EAST, 114.01 FEET; THENCE NORTH 66°42'11" EAST, 75.14 FEET; THENCE SOUTH 69°02'20" EAST, 49.61 FEET; THENCE NORTH 69"51'16" EAST, 4.24.29 RED: B-11 10-21-15 Page 5 FEET; THENCE SOUTH 89°42'18" EAST, 80.48 FEET; THENCE NORTH 81°20'00" FAST, 82201 FEET; THENCE SOUTH 86047'14` EAST, 56.97 FEET; THENCE NORTH 37037102" EAST, 180.73 FEET; THENCE NORTH D8023'58' EAST, 92;66 FEET; THENCE NORTH 66010'09" EAST 86.19 FEET; THENCE NORTH B9°61'17" EAST, 59.51 FEET TO THE EAST LINE OF SAID LOT 49; THENCE NORTH 00.08'43" WEST, 3.50 FEET ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER OF SAID LOT 48 OF TRACT 32576; THENCE NORTH 03°35'67° WEST, 53.60 FEET; THENCE NORTH 35'2$'29' WEST, 6.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 80.95 FEET, THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 39°39'02" A LENGTH OF 62.25 FEET TO A POINT ON A NON -TANGENT 830.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE PASSING THROUGH SAID POINT ON SAID 830 -FOOT RADIUS CURVE BEARS SOUTH 09'32'22" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF D6003'52" A DISTANCE OF 87.85 FEET; THENCE SOUTHWESTERLY TANGENT TO SAID 830 -FOOT RADIUS CURVE, SOUTH 86"31'30" EAST, 247.55 FEET TO THE,BEGINNING OF ATANGENT 390.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34030'50"A DISTANCE OF 234.93 FEET TO THE SOUTHEAST CORNER OF SAID LOT 72; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 72 NORTH W67'400 WEST, 234.31 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A PORTION OF SAID LAND LYING WITHIN LOT 49 ALL OIL, GAS AND OTHER HYDROCARBON AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER, TOGETHER WITH THE EXCLUSIVE RIGHT TO DRILL FOR. PRODUCE, EXTRACT, TAKE AND MINE THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND TO STORE THE SAME UPON THE SURFACE OF SAID LAND, OR BELOW THE SURFACE OF SAID LAND TOGETHER WITH THE RIGHT TO STORE UPON THE SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS AND MINERALS WHICH MAY BE PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF ENTRY THEREON FOR SAID PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE, MAINTAIN, ERECT, REPAIR, REPLACE, AND REMOVE THEREON AND THEREFROM ALL PIPELINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS, AND OTHER STRUCTURES WHICH MAY BE NECESSARY AND REQUISITE TO CARRY ON OPERATIONS ON SAID LANDS, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN, OPERATE AND REMOVE A PLANT WITH ALL NECESSARY APPURTENANCES FOR THE EXTRACTION OF GASOLINE FROM GAS, INCLUDED ALL RIGHT NECESSARY OR CONVENIENT THERETO, AS RESERVED BY TRANSAMERICA DEVELOPMENT COMPANY,.A CALIFORNIA CORPORATION, IN DEED RECORDED MARCH 20,1908IN BOOK 03955, PAGE 186, OFFICIAL RECORDS, AND RE-RECORDED JUNE 15, 1969, AS INSTRUMENT NO, 1776, IN BOOK 0-4407, PAGE 591, OFFICIAL RECORDS. BY QUITCLAIM RECORDED AUGUST 22, 1972 AS INSTRUMENT No. 377, OFFICIAL RECORDS, TRANSAMERICA DEVELOPMENT COMPANY, FORMERLY CAPITAL COMPANY, A CALIFORNIA CORPORATION, RELEASED AND SURRENDERED UNTO THE RECORD OWNER THE SURFACE RIGHTS FOR A'DISTANCE OF NOT MORE THAN 500 FEET IN DEPTH. ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN SAID SECTION 17, ALL OIL, GAS, PETROLEUM, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 600 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR, EXTRACTING, MINING, BORING, REMOVING OR MARKETING SAID SUBSTANCES, AS RESERVED IN THE DEED REF: B-11 10.21-15 Page 5 RECORDED SEPTEMBER S, 198E AS INSTRUMENT NO.88A430215. CONTAINING 6.63 ACRES OF LAND, MORE OR LESS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "BP (SKETCH), ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN SEPTEMBER, 2016, AT THE REQUEST OF JCCLwSOUTH POINTE WEST, LLC. Robert N. Mim Mack 1 PLS 5314 My license expires: December 31, 2015 Dated., 09—as - 15 L5021558E,DaPRODJCTIOMEXHIBrFS1EXHISITP,-PARK LGL-REVISEDAec REF: B-11 10-21-15 Page 7 1 row SW COR. Lor 72 P, O. C. 7' TRACT 30893 ��% BOOK 954 PAGEyk� �^ h� qu' yj4 BIT "B" SHn7 1 OF 2 .,COMPANY LEGAL FOR PARKSITE LOT 72 TRACT 32091 `vr�4,B0OK 897 PAGE 72-78 S.E. COR LOT 72, TRACT NO. 32091 SEC. 17 T2S, R9W 3s'g, 9J S. B. M,— NLY UNE SECTION 20, T2S, R9; S.H.M. N693O45 £ 1021.06' N89'51'15'W _ 'J'48'28'E S8 NLY LINE LOT 49, TRACT ND. a 32576. N.B. 927, 26-31 POR, LOT 49 % TRACT- 32576 BOOK 927 N874628 t 16 Cl N8303281E M 220.00' N74`3828'E 1. C2 N63'52'. d=93'1051' .94 p"E R=50.00' L=81.32' N721 i 3.67' C4 44'25'3 SCALE:' )1-1001 o W 59X214 LEGEND.- � P.O.C. INDICATES POINT OF COPM£NCEMF., W N PAGES 28-31 a N69'02 20 W 49.61 NUMBER DELTA RADIUS LENGTH Cl 13'29 02" 220.00' 51.77' C2 Jtl'43 52' 30.00' 4 f.?2' C3 00'44 44' 282:00' 3.67' C4 44'25'3 25.pG f 9.311 ° T. A0. B. INDICATES TRUE POINT OF BEGINNING. INDICATES RECORD VAT PER TRACT N0. 32091, MB 897, 7,2-76 INDI;,ATES OVERALL PARK STTE AREA - NUMBER BEARIIJC �L DISTANCE 6.63 AC. 1 131'0220"E 5-1 a. .. .,e..---r.:ncT--��asx--rsesrt-n�a._��•-t-nvcau-�,..>m.�- REPB-11 10-21-16 Pape 8 LOT 72 TRACT NO. 32091 BOOK 897 PAGE 72-78 / EXHIBIT "B„ SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR PARKSITE SEC. 17 T2S, R9W $..E. COR LOT 72, S. B. M. TRACT NO, 32091 f =J00' SHEET 2 OF 2 1� g N1Y LINE 5EC71ON 20, 72S, R9W, S.8.Af. Nf4'5729"E iW �% 1 N69'50'45E 1021.06' (N89'51'15"W) N35'2.T 29 8.46 T 8 INDICATES OVERALL PARK 517E AREA = d=06'0352"11-81 785'I BEriRlNG OLSTANCE N1Y LINE 5EC71ON 20, 72S, R9W, S.8.Af. Nf4'5729"E iW �% 1 N69'50'45E 1021.06' (N89'51'15"W) N35'2.T 29 8.46 T 8 INDICATES OVERALL PARK 517E AREA = NTY LINE LOT 49, TRACT 1 ��J�� 6 1 6.83 AC, 32576, M.B, 927, 28-31 POR. LOT 49 Standard . 1 Arce:z9Ts3D.zT TRACT 32576 a BOOK 927 01 h PAGE 28-31 N.E. COR. LOT 49 �j ' pE N81'Z01 59.5f N6924.29 N89'02 18'1Y N69'S1'17"E -47'14 -W N66 :56..97'\ � LOT 49 TRACT 32576 BOOK 927 PAGE 28-31' NCM R DELTA RAMS' LENGTH l_l:5 1.3939'02'—f 6225 NUYfiER BEriRlNG OLSTANCE L2 N0335 57 W 153.60771 L7 N35'2.T 29 8.46 LEGEND: P.O.C. INDICATES POINT OF COMMENCEMENT T.P.0.8. INDICATES TRUE POINT OF BEGINNING INDICATES OVERALL PARK 517E AREA = 3 6.83 AC, REF; &11 10.21.15 Page 9 CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the interest in real property conveyed by the irrevocable offer of dedication dated February 1, 2016, from Walnut Valley Unified School District to the City of Diamond Bar, California, ("Grantee") is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to authority conferred by the City Council of the City of Diamond Bar on May 3, 2016, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: May_, 2016 Nancy A. Lyons, Mayor Attest: Tommye Cribbins, City Clerk Approved as to form: David DeBerry, City Attorney 11 soa2o.1 EKt+l6lr � RECORDING REQUESTED BY: WALNUT VALLEY UNIFIED SCHOOL DISTRICT AFTER RECORDING PLEASE RETURN TO: CITY OF DIAMOND BAR 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Attorney THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. (Space above Line forRecorder's Use Only) QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt and legal sufficiency of which is hereby acknowledged, THE BOARD OF EDUCATION OF THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT, the governing body of the Walnut Valley Unified School District ("Grantor"), does hereby remise, release, and forever quitclaim to the CITY OF DIAMOND BAR, California ("Grantee") any and all interest of Grantor in and to that certain real property (The "Property") located in the City of Diamond Bar, in the County of Los Angeles, State of California, depicted on Exhibit "A" attached hereto and as more particularly described in Exhibit `B" attached hereto. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of r6 4 tel(. 2016. WALNUT VALLEY UNIFIE OOLDISTRICT By: Michael R. odson Its: Assistant Superintendent. Business Services 005259.00067 13457822.1 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. StateofCalifornia County of Ls -)'s A+-) t ks } On kbruary l,ao1L before me, SJ-Ldt2 C-. (t hIS"nd,0!6grgRtbllc; "me,nee. wnrTe anZT eta o cer personally appeared _j)irk-Ae,I t4UGE�r, who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. JULIE E. WINEENAND Commission LarPublic s 2aviormia 022 WITNESS my hand and official seal. is NotaryPuONc- coNkrnin Los An" County Y Not4ry Public Signature (Notary Public. Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of adached document) (Title or description of attached documdht continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer de ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING TIES FORM 3N Thisformeomphe vah cunrm California statutes regarding motor), wording and. ifneeded, should be completed and attached to the document Acknowledgments from other states may be completed for documents being seal to that state so long as the wording does not require the California notary to violate Cahlomia notmy law. • State and County information must be. the State and County wherethe document signer(s), personally appeared before the notary public for acknowledgment. • Dateornoterication most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) or document signer(s) who personally appear at the time of noturization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 1Wshetlhe5L,- is /ere) or circling the correct fors. Failure to correctly indicate tris information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must. not cover text or lines. Ifseal impression smudges, re -seal if a sufficient arca permits, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of thecounty clerk. •} Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. J Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely snitch this documenito the signed document with a staple_ EXHIBIT "A,t LEGAL DESCRIPTION FOR ROAD DEDICATION THAT PORTION OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, ALL IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 60.00 -FOOT WIDE STRIP OF LAND LYING 30.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 72 OF TRACT NO. 32091, AS PER MAP RECORDED IN BOOK 897, PAGES 72 TO 78 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG .THE SOUTHEASTERLY LINE OF SAID LOT 72, NORTH 31002'20" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT 360.00 -FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE PASSING THROUGH SAID POIT BEARS SOUTH 31002'20" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34030'50'A DISTANCE OF 216.86 FEET; THENCE NORTH 86°31'30" EAST 247.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800,00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°03'52" A DISTANCE OF 84.68 FEET TO THE POINT OF TERMINUS OF SAID STRIP OF LAND. THE SIDELINES OF THE ABOVE-DESCRIBED 60.00 -FOOT WIDE STRIP OF LAND SHALL BE SHORTENED OF LENGTHENED SO AS TO TERMINATE WESTERLY IN THE EASTERLY LINE OF SAID LOT 72 AND A LINE RADIAL TO LAST -SAID CURVE AT THE POINT OF TERMINUS OF SAID STRIP. CONTAINS 0.756 ACRES, MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" (SKETCH), ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN SEPTEMBER, 2015, AT THE REQUEST OF JCCL-SOUTH POINTE WEST, LLC. Robert N. Mim Mack PLS 5314 My license expires: December 31, 2015 Dated: Oq- Z5- /S TTG Engineers — Ontario Office L:\0215568.00\productionlexhibits'Exhibit A -Road Legal.doo SC4LE.• 1 =loo' L 1 LOT 72 1 TRACT 32091 MB 897/72-78 N EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL ESCRIPTION FOR ROAD DEDICATION SEC. 17 T2S, R9W S.B.M. S.E. COR. LOT 72/ MB 897, 72-78 SUNE LOT 72 MB / MB 897, 72-78 LEGEND: P.O.C. INDICATES POINT OF COMMENCEMENT. T.P.O.B. INDICATES TRUE POINT OF BEGINNING. P.O.T. INDICATES POINT OF TERMINUS. INDICATES RECORD DATA PER TRACT 32091, M.B. 897, 72-78 CERTIFICATE OF ACCEPTANCE OF QUITCLAIM DEED This is to certify that the interest in real property conveyed by the quitclaim deed dated February 1, 2016, from Walnut Valley Unified School District to the City of Diamond Bar, California, ("Grantee") is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to authority conferred by the City Council of the City of Diamond Bar on May 3, 2016, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: May_, 2016 Nancy A. Lyons, Mayor Attest: Tommye Cribbins, City Clerk Approved as to form: David DeBerry, City Attorney 1150219.1 CITY COUNCIL Agenda # 6.10 Meeting Date: May 3, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: ADOPT RESOLUTION NO. 2016- X APPROVING FINAL TRACT MAP NO. 53430, FOR THE SUBDIVISION OF AN 80 ACRE SITE INTO 48 RESIDENTIAL LOTS, LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE WITHIN THE GATED COMMUNITY OF THE COUNTRY ESTATES, IN THE CITY OF DIAMOND BAR. RECOMMENDATION: Adopt Resolution; Authorize the Mayor to execute the Subdivision Agreement; Direct the City Clerk to certify and process the final map for recordation. FINANCIAL IMPACT: There is no financial impact to the City. :TeTy:(e];16111kiUii The Tentative Tract Map application was made to the Planning Commission by Millennium -Diamond Road Partners, LLC (Millennium) at a duly noticed public hearing on December 13, 2005 which was continued to January 10, 2006 on which the Commission concluded its review of the application and adopted Resolution No. 2006-02 recommending City Council Approval of Tentative Tract Map No. 53430. On January 20, 2006 an appeal of the Planning Commission's recommendation to City Council was filed by the residents on Kicking Horse Drive. On February 21, 2006 the City Council conducted a duly noticed public hearing on this application and the appeal on which the Council adopted Resolution No. 2006-14 approving Tentative Tract Map No. 53430. DISCUSSION: The Final Tract Map subdivides 80 acres into 48 single family residential lots and two (2) lettered lots which will be owned and maintained by the new homeowners association (HOA) including but not limited to landscape, emergency ingress/egress access, sewer and storm drain facility purposes. The tentative tract map was approved by the City Council on February 21, 2006 with conditions of approval that are required to be met at various stages of the project processing such as prior to final map approval, prior to permit issuance, and prior to final inspection. The tentative map approval was granted for an initial period of three years. Due to the sudden downturn of the economy, the State Legislature granted several extensions thereby extending the life of the tentative tract map by an additional seven years. The expiration date of the tentative tract map was extended to February 21, 2016. Furthermore, Millennium filed an application for extension in December 2015 to extend the life of the map beyond February 21, 2016. In accordance with State law (Govt. Code § 66452.6), the filing of this application for the time extension prolonged the life of the tentative map for an additional 60 days thereby authorizing Millennium until April 21, 2016 to file the Final Tract Map with the City Engineer. The Final Tract Map, with all associated requirements identified in the Conditions of Approval of Resolution No. 2006-14, was filed with the City by April 19, 2016. The approval of the final map is a ministerial decision by the City Council meaning the map shall be approved if it conforms to (1) the Subdivision Map Act, (2) all provisions of Title 21: entitled "Subdivisions", of the City's Municipal Code that were applicable at the time that the tentative map was approved, and (3) is in substantial compliance with the approved tentative tract map. Staff has deemed these prerequisite conditions for final tract map approval to have been met. However, the following conditions require further discussion for the City Council's consideration. As a condition of final tract map approval if any onsite private or public improvements (grading, storm drain, sewer, sewer lift station, private streets, and landscape) have not been completed and accepted by the City by final map consideration, the applicant is required to enter into a subdivision agreement and post the appropriate security. As the construction of these improvements have not commenced and therefore have not been completed at this time, in accordance with the Subdivision Map Act and City Council Resolution No. 2006-14, Millennium is prepared to enter into an agreement with the City to complete these improvements to satisfy this condition and has offered letters of credit as listed in the attached Subdivision Agreement to secure performance of such improvements. The Subdivision Agreement provides for the completion of all improvements and setting of subdivision monuments within 3 years from the effective date of the Subdivision Agreement. The letters of credit issued guarantee such work as grading, retaining walls, street, sewer, sewer lift station, water system, storm drain, monumentation, and landscape/irrigation improvements with a grand total estimated amount of $8,291,393. The approved tentative tract map was for 48 residential lots with two lettered lots (Lot A: an HOA common area, and Lot B: a sewer lift station). The tentative tract map was conditioned to create a third lettered lot, Lot C, for the emergency fire access road at the terminus of Live Oak Drive. During the course of the sewer lift station plan check, it was deemed that the sewer lift station and the associated sewer system would be a privately 2 owned and maintained system and would not warrant a separate independent lettered lot since it is already embedded within the limits of lettered Lot A. Accordingly, the emergency access road off the terminus of Live Oak Drive was labeled as lettered Lot "B" on the final map. The Final Tract Map 53430 has been reviewed by the appropriate agencies and has been found to be technically correct and conforms substantially to the approved tentative tract map. The applicant was required to enter into a shared cost/reimbursement agreement with the owner of Tract Map No. 53670 (located to the north of Tract 53430) for the future extension of Alamo Heights Drive and utilities which will serve both tracts. This was a requisite condition prior to final map approval. The applicant has attempted to negotiate such an agreement, but has not been able to reach a consensus with the other party. In lieu thereof, the applicant has provided surety in the form of a letter of credit for the construction of the Alamo Heights Road extension. Given that the intent of the condition was to guarantee the construction of Alamo Heights Drive, the posting of the letter of credit meets the intent and substance of the condition. The conditions of final map approval require that improvement plans for grading, landscape, irrigation, street, sewer, and storm drain shall be approved by the City Engineer prior to final map approval. All plans have been reviewed by the City's plan checkers and approved by the City Engineer. However, for maintenance purposes the conditions also require that both the sewer and storm drain plans be designed to meet LA County standards. Staff noted that while the plans were not designed to LA County standards in their entirety, they have been reviewed and deemed to meet all current engineering standards of care and requirements. The purpose of conditioning the sewer and storm drain plans to meet LA County standards is that the City follows LA County standards for all types of public improvements, especially improvements that will be owned and/or maintained by LA County and to ensure that they would be accepted by LA County. Since the storm drain, sewer and sewer lift station improvements for this development will be privately owned and maintained, they are not be subject to LA County ownership or maintenance requirements. Millennium has provided sufficient proof that the sewer and storm drains are appropriately designed for operation and maintenance. The City Engineer has accepted and approved the improvement plans accordingly. This project was conditioned to comply with 2001 Stormwater Permit requirements. The applicant submitted a conceptual Standard Urban Stormwater Mitigation Plan and incorporated it into the storm drain and grading plans accordingly. The conceptual SUSMP has been approved and all proposed devices for stormwater compliance have been incorporated into the plans allowing the City Engineer to approve the improvements plans. The water system for the development is being entirely designed and constructed by the Walnut Valley Water District (District). The conditions of approval require the plans to be reviewed and approved by the City Engineer, however, since the District is a separate authority and will not only construct but will also maintain ownership and maintenance responsibilities of the water system, City Engineer approval is not warranted. Millennium has provided a Will Serve Letter from the District which indicates the District's intent to serve the community and has also included security in the Letter of Credit guaranteeing construction and completion of the water system. The conditions related to the water system are deemed to be met. 3 The Final Tract Map 53430 has been reviewed by the appropriate agencies and City departments. It has been found to be technically correct, conforms substantially to the approved tentative tract map and meets the requirements of the conditions of approval. The City Engineer recommends that the City Council approve Final Map 53430. CITY COUNCIL REVIEW AUTHORITY: Pursuant to the Subdivision Map Act, upon making specified findings the City Engineer forwards the final map to the City Council for consideration. The City Council is then required to approve or disapprove the final map. As noted above, the City Council's discretion in determining whether to approve a final map is ministerial. What this means is that the only relevant consideration is whether the final map is in substantial compliance with the tentative map and conditions related to final map approval. The City Council is precluded from imposing new conditions or requiring any changes to the final map. It may determine that conditions have been met by alternative means if they substantially comply with tentative map conditions. Since the act is ministerial, the California Environmental Quality Act is not applicable. In adopting the Subdivision Map Act the State Legislature has limited the City Council's discretion, recognizing that by the time a developer's final map is considered, the developer will have spent large sums of money complying with conditions of final map approval. The State Legislature has determined as a policy matter that imposing new conditions after the expenditure of such large sums is unfair to developers and would discourage development. Issues raised in previous meetings, such as whether the applicant has complied with specified environmental mitigation measures, the applicant's solvency, whether the applicant has access to the site, etc., are not relevant to the City Council's consideration. Only issues raised in the meeting at which this item is considered that are relevant to the City Council's determination under the Subdivision Map Act and the City's Code should be considered. PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer April 28, 2016 REVIEWED BY: David G. Liu Di�6ctor of Public Works/City Engineer Attachments: Vicinity Map Resolution No. 2016 -XX Subdivision Agreement Final Tract Map 4 Alp �- . _A RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL of the CITY OF DIAMOND BAR APPROVING FINAL TRACT MAP 53430, FOR THE SUBDIVISION OF AN 80 ACRE SITE INTO 48 RESIDENTIAL LOTS, LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, IN THE CITY OF DIAMOND BAR A. RECITALS (i) Millennium -Diamond Road Partners, LLC., 2707 S. Diamond Bar Blvd., Suite 202, Diamond Bar, CA 91765 (the "Applicant" hereinafter), has heretofore filed an application, a final map and accompanying documents for approval of Final Tract Map No. 53430, (hereafter, the "Application"), as described in the title of this Resolution. (ii) On December 13, 2005 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Tentative Tract Map 53430 ("Tentative Tract Map"), which was continued to January 10, 2006 on which time the Planning Commission adopted Resolution No. 2006-02, recommending that the City Council of the City of Diamond Bar ("City Council") approve the Tentative Tract Map. (iii) On February 21, 2006 the City Council conducted a duly noticed public hearing on the Tentative Tract Map and upon conclusion of said public hearing adopted Resolution No. 2006-14 approving the Tentative Tract Map. (iv) The City Engineer has reviewed the Application and has determined that applicable provisions of the City's Municipal Code and the Subdivision Map Act, Government Code §§ 66410 et seq. (hereafter, "Map Act"), have been complied with, that the Application is technically correct and is in substantial compliance with the approved Tentative Tract Map. (v) All other 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: The 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. The City Council finds that Final Tract Map No. 53430 conforms to all requirements of the Subdivision Map Act, all applicable provisions of the City's Municipal Code and to be in substantial compliance with the Tentative Tract Map. 3. The City Council hereby specifically approves Final Tract Map 53430, as presented and authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for installation of improvements required thereby and any other documents necessary for recording of Final Tract Map No. 53430. 4. The City Council's approval of the Final Tract Map No. 53430 is ministerial in nature and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3). 5. 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 Millennium - Diamond Road Partners, LLC, 2707 Diamond Bar Blvd., Suite 202, Diamond Bar, CA 91765. c. Transmit Final Tract Map No. 53430 to the County Recorder. PASSED, APPROVED AND ADOPTED this 31d day of May, 2016. ATTEST: Tommye Cribbins, City Clerk Nancy A. Lyons, 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 31d day of May, 2016, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS Tommye, Cribbins, City Clerk SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision (herein, "Subdivision") pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Schedule A attached hereto (herein, "Improvements"), have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Department. The Improvement Plans and related specifications are incorporated herein by this reference. NOW, TFIEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, the related specifications, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A. 10248631 1 B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such 1024863.1 2 commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City shall not be required to engage in this process of partial acceptance of work more than once between the start of work and completion and acceptance of all work, though the City may choose to allow for a partial release at any time at its discretion. C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. D. The Subdivider shall maintain the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraphs B and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer that all Improvements have been completed, notify the Subdivider, or his or her assigns, in writing. E. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, 1024863.1 or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph 3.A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements shall include Subdivider's liability hereunder for the one (1) year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work and are outside Subdivider's control. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and 1024863.1 Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved„ this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10°/U) of the Estimated Total Cost of the Improvements, Subdivider shall famish additional improvement security for performance and guarantee, and for payment as required by subparagraph 5.A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements, 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized upon the City's acceptance of partial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security. 1024863.1 5 C. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon approval of a revised cost estimate for any remaining work, the City shall release all performance security except for security in an amount of two hundred percent (2000/0) of the cost estimate of the remaining work. D. Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in subparagraph 3.A, or before all claims filed during the one year warranty period have been settled. E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda of the next meeting of the City Council for the release of the remaining performance security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment. Upon approval of the agenda item, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given. F. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation, or maintenance by Subdivider of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement to the maximum extent permitted by law. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any 1024863.1 S Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph 7.0 beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et seq) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this subparagraph 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse of insurance without thirty (30) days' written notice 10248631 7 first having been delivered to the City. Both the type and amount of insurance required by this subparagraph 8.A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B_ The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph 8.A and an additional insured endorsement for each of the policies which designated the City, its officers, agents and employees as additional insureds. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement; i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by subparagraph 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; V) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or 1024863.1 8 vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess within 30 days of the City invoicing Subdivider for such excess amount. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. 1024863.1 9 G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. Subdivider, its contractors, employees or agents shall at all times be considered independent contractors and shall obtain no rights or benefits which accrue to City employees. 12. A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph 12.A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 2181.0 Copley Drive Diamond Bar, CA 91765 If to the Subdivider: Millennium Diamond Road Partners 2707 S. Diamond Bar Blvd. Ste. 202 Diamond Bar, CA 91765 1024863.1 10 Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, Attachment A and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in Los Angeles Superior Court. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. 1024863.1 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - Authorized Representative Signature Stanley Cheung Managing Member, Millennium -Diamond Road Partners, LLC Printed Name and Title Authorized Representativ ature Jean Tong Managing Member, Hua Qing Enterprises, LLC Printed Name and Title "CITY" - THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION WS Nancy Lyons, Mayor Date: Attest By: Tommye A. Cribbins, City Clerk Date: Approved as to form: By: Date: David DeBerry, City Attorney 1024863.1 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On 4/19/2016 Date personally appeared before me, LIZ CERVANTES, NOTARY PUBLIC Here Insert Name and Title of the Officer JEAN TONG, STANLEY CHEUNG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name-is/are subscribe the within instrument and acknowledged j -me that hefshel lqn�executed the same in hisjtieatde uthorized capacity(ies), and that by hisfher/ ei ignature(5on the instrument the person s or the entity upon behalf of which the person(�) 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. U7 t t WITNESS my hand andpf#icia seal. _ err_UN470 ill i P, b, lfpT 3 y y county - Signature F_ cx, lrr- Jan 7, 01 Signature of Notary Public .. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ACK Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 53430 ("Final Map" herein) Tract No. 53430, ("Subdivision" herein) Subdivider: Millennium Diamond Road Partners Subdivider Address: 2707 S. Diamond Bar Blvd. Ste. 202 Diamond Bar, CA 91765 CITY COUNCIL RESOLUTION OF APPROVAL NO. 2016 -XX ("Resolution of Approval" - herein) IMPROVEMENT PLANS: (,see Schedule A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING & EROSION CONTROL RETAINING WALLS STORM DRAIN SANITARY SEWER SEWER LIFT STATION STREET IMPROVEMENTS WATER IMPROVEMENTS LANDSCAPE MONI MENTATION FORM OF SECURITY: Letter of Credit NAME AND ADDRESS OF CORPORATE SURETY: $ 4,677,150.00 $ 650,000.00 $1,044,538.00 $ 228,630.00 $ 150,000.00 $ 951,175.00 $ 213,900.00 $ 350,000.00 $ 26,000.00 East West Bank 135 N. Los Robles Ave. Pasadena, CA 91101 1024863.1 13 LETTER OF CREDIT NUMBER(S): GRADING & EROSION CONTROL RETAINING WALLS STORM DRAIN SANITARY SEWER SEWER LIFT STATION STREET IMPROVEMENTS WATERIMPROVEMENTS LANDSCAPE MONUMENTATION EFFECTIVE DATE OF AGREEMENT: 160SLO3613 160SLO3614 160SLO3615 160SLO3616 160SLO3617 160SLO3618 160SLO3619 160SLO3620 160SLO3621 COMMENCEMENT OF IMPROVEMENT WORK: Within 180 Calendar days of effective date of agreement. COMPLETION PERIOD: 36 months after effective date of agreement. 1024863.1 14 SCHEDULE A TRACT MAP 53430 ROUGH GRADING PLANS FOR TRACT NO. 53430 (26 SHEETS), PREPARED BY: Focus Engineering, Inc. UNDER SUPERVISION OF: Chia -Lin Liu RCE No. 41497 DATED 4/10/16 AND APPROVED 4/28/16. STREET IMPROVEMENT PLANS FOR TRACT NO. 53430 (14 SHEETS), PREPARED BY: Focus Engineering, Inc. UNDER SUPERVISION OF: Chia -Lin Liu RCE NO.41497 DATED 4/10/16 AND APPROVED 4/28/16. SANITARY SEWER PLANS FOR TRACT NO. 53430 (16 PAGES), PREPARED BY: Focus Engineering, Inc. UNDER SUPERVISION OF: Chia -Lin Liu RCE No. 41497 DATED March 2016 AND APPROVED 4/28/16. SEWER LIFT STATION PLANS FOR TRACT NO. 53430 (2 SHEETS), PREPARED BY: Multi W Systems, Inc. UNDER SUPERVISION OF: Wen C. Wang RCE No. 37373 APPROVED 4/28/16. STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 53430 (20 SHEETS), PREPARED BY: Focus Engineering, Inc. UNDER SUPERVISION OF: Chia -Lin Liu RCE No. 47497 DATED 4/10/16 AND APPROVED 4/28/16. LANDSCAPE & IRRIGATION PLANS FOR TRACT NO. 53430 (38 SHEETS), PREPARED BY: Focus Engineering, Inc. UNDER SUPERVISION OF William J. Cathart LLA No. 1464 DATED 1/15/16 AND APPROVED 3/14/16. 1024863.1 15 SHEET 1 OF 15 SHEETS AREA: 79.994 ACRES GROSS 53430 NUMBERED LOTS: 48 NO. LETTERED LOTS: 2 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCELS 10, 11, 12 AND 13 OF PARCEL MAP NO. 1528 AS PER MAP FILED IN BOOK 26, PAGES 19 THROUGH 30 INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LAWRENCE L. TRUMAN, L.S. 5346 I N T E R N A T 1 0 N A L DATE OF SURVEY: SEPTEMBER, 2013 OWNERSHIP STATEMENT: SURVEYOR'S STATEMENT: WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND WE CONSENT TO THE AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MILLENNIUM -DIAMOND WE HEREBY DEDICATE TO THE CITY OF DIAMOND BAR: ROAD PARTNERS, LLC IN MAY, 2013. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE 1. AN EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS PURPOSES AS SHOWN ON CONDITIONALLY APPROVED TENTATIVE MAP; THAT ALL THIS MAP. MONUMENTS ARE OF THE CHARACTER AND LOCATIONS SHOWN 2. AN EASEMENT FOR PUBLIC UTILITIES AND PUBLIC SERVICES PURPOSES AS SHOWN ON THIS MAP AND HEREON ARE IN PLACE OR WILL BE IN PLACE WITHIN ALL USES INCIDENTAL THERETO INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY TWENTY-FOUR MONTHS FROM THE FILING DATE OF THIS MAP; ADJOINING PROPERTIES. THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE �pND f 3. AN EASEMENT FOR SECONDARY EMERGENCY ACCESS PURPOSES AS SHOWN ON THIS MAP. SURVEY TO BE RETRACED. 4. THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE "RESTRICTED USE AREA" AS SHOWN ON THIS MAP. = Q 917 5. THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE J LS No. 5346 Z "GEOTECHNICAL RESTRICTED USE AREA" AS SHOWN ON THIS MAP. LAWRENCE L. TRUMAN, L.S. 5346 DATE WE ALSO HEREBY RESERVE TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT: lF of CAO 1. AN EASEMENT FOR SANITARY SEWER PIPELINE AND ACCESS PURPOSES AS SHOWN ON THIS MAP. CITY ENGINEER'S STATEMENT: 2. AN EASEMENT FOR STORM DRAIN MAINTENANCE AND ACCESS PURPOSES AS SHOWN ON THIS MAP. I, DAVID G. LIU, CITY ENGINEER OF THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA, STATE THAT 3. AN EASEMENT FOR IRRIGATION SYSTEM PURPOSES AS SHOWN ON THIS MAP. I HAVE EXAMINED THIS MAP, THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL 4. AN EASEMENT FOR ACCESS PURPOSES FOR THE OWNERS OF LOTS 1 THROUGH 48 AS SHOWN ON THIS MAP. APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF APPLICABLE STATE LAW AND SUBDIVISION ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE WE ALSO HEREBY RESERVE LOTS "A" AND "B" AS SHOWN ON THIS MAP TO BE GRANTED TO A HOMEOWNER MAP HAVE BEEN COMP WITH. ASSOCIATION BY SEPARATE INSTRUMENT. WE FURTHER HEREBY, AND FOR OUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, JOINTLY AND SEVERALLY AGREE THAT LOT "A", A PRIVATE HOMEOWNER ASSOCIATION MAINTAINED OPEN , 1�� �j SPACE SHOWN ON THIS MAP WILL ACCEPT DRAINAGE WATER DISCHARGED FROM ANY ADJOINING STREET, DAVID L DATE b <7* G WHETHER IT BE A PUBLIC STREET, OR A PRIVATE AND FUTURE STREET, AND FURTHER THAT THE CITY OF CITY ENGINEER - CITY OF DIAMOND BAR ¢ NO. 440M DIAMOND BAR IS HEREBY HELD AND CLEAR OF ANY CLAIMS OR DAMAGES ARISING FROM SAID DRAINAGE. R.C.E. NO. 44053, EXPIRES: 06/30/2017 EXP.�,�+�j CI CgCIFO _P MILLENNIUM—DIAMOND ROAD PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER BY: � BY: _ NAME: -&K lei ilQW4 NAME: Mme : T I TLE: ot µ bW. T I TLE: HUA QING ENTERPRISES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER BY: BY: NAME::J_C" k"*3 NAME T I TLE: A4";.j!j N ew%,t r.. T I TLE: BENEFICIARY BANK S I NOPAC , ACTING THROUGH ITS LOS ANGELES BRANCH, BENEFICIARY UNDER DEED OF TRUST RECORDED AUGUST 30, 2013 AS INSTRUMENT NO. 20131273114, O.R. AND DEED OF TRUST RECORDED AUGUST 30, 2013 AS INSTRUMENT NO. 20131273117, O.R. BY: NAME: KCi�IJ �U TITLE: SVPk,OrmemjMoiler NnTF BY: NAME: T I TLE: SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENTS AND SIGNATURE OMISSIONS. ABANDONMENT OF PUBLIC STREETS AND EASEMENTS: PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS FINAL MAP CONSTITUTES ABANDONMENT OF THOSE EASEMENTS FOR SLOPE PURPOSES AND PUBLIC ROAD 8c HIGHWAY (FUTURE STREET) PURPOSES TO THE COUNTY OF LOS ANGELES, ACQUIRED BY THE CITY OF DIAMOND BAR, IN PARCELS 10, 11 , 12 AND 13 OF PARCEL MAP NO. 1528, P.M.B. 26/ 19-30; SAID EASEMENTS FOR SLOPE PURPOSES RECORDED JUNE 19, 1970 AS INSTRUMENT NO. 3544, O.R.; SAID EASEMENTS FOR PUBLIC ROAD & HIGHWAY (FUTURE STREET) PURPOSES RECORDED JUNE 19, 1970 AS INSTRUMENT NO. 3545, BOOK M3513, PAGE 816, O.R. TOMMYE A. CRIBBINS CITY CLERK - CITY OF DIAMOND BAR DATE CITY SURVEYOR'S STATEMENT: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS WITH THE MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT, AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. v. WILLIAM G. HOF L.S. 6685, EXPIRES: 06/30/2016' CITY CLERK'S STATEMENT: �� LAND S� G. D E NO. 6685 * Exp. 06139/( I HEREBY STATE THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 20_, AND THAT THEREUPON SAID COUNCIL, BY AN ORDER DULY PASSED AND ENTERED, DID APPROVE SAID MAP, AND DID ACCEPT ON BEHALF OF THE CITY OF DIAMOND BAR THE FOLLOWING: 1. THE EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS PURPOSES AS SHOWN ON THIS MAP. 2. THE EASEMENT FOR PUBLIC UTILITIES AND PUBLIC SERVICES PURPOSES AS SHOWN ON THIS MAP AND ALL USES INCIDENTAL THERETO INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES. 3. THE EASEMENT FOR SECONDARY EMERGENCY ACCESS PURPOSES AS SHOWN ON THIS MAP. 4. THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE "RESTRICTED USE AREA" AS SHOWN ON THIS MAP. 5. THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE "GEOTECHNICAL RESTRICTED USE AREA" AS SHOWN ON THIS MAP. TOMMYE A. CRIBBINS DATE CITY CLERK - CITY OF DIAMOND BAR SPECIAL ASSESSMENTS CERTIFICATE: I HEREBY STATE THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF DIAMOND BAR , TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL. NAME: DATE CITY TREASURER - CITY OF DIAMOND BAR I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES STATE OF CALIFORNIA DEPUTY DATE I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $ 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. 53430 AS REQUIRED BY LAW. EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES STATE OF CALIFORNIA DEPUTY DATE JN 130312 SHEET 2 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 NOTARY ACKNOWLEDGMENT: TRACT N0. 53430 IN THE CIN OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L TRUMAN, L.S. 5346 Michael Baker DATE OF SURVEY: SEPTEMBER, 2013 INTER N ATIONAL A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) )SS COUNTY OF O r&� ) ON 05111 W b BfEFp RE ME o`%h l'e � wV A NOTARY PUBLIC, PERSONALLY APPEARED &.71-ah1iU Cheun WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME) O*RE- SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED.10 ME THAT (2tS+4 1 Y EXECUTED THE SAME IN 6:RHE-R� AUTHORIZED CAPACITY (-I1s) , AND THAT BY(1 9/+ft7�I R S I GNATURE (-r} ON THE INSTRUMENT THE PERSON(, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( 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: SIGNATURE��W� 64-_t" NOTARY PUBLIC IN AND FOR SAID STATE "3ann� c &etk.v (NAME PRINTED) NOTARY ACKNOWLEDGMENT: MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. MY COMMISSION EXPIRES: 0'112.112.4016 COMMISSION NO: 975 ftofo A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) COUNTY OF I,o S SS ON 3 8 16 BEFORE ME, U LCewg K19f A NOTARY PUBLIC, PERSONALLY APPEARED , WHO PROVED TO ME ON THE BASIS OF SATISFACT EVIDENCE TO BE THE PERSON( -S- WHOSE NAME�_S)(5?ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ iTHEY EXECUTED THE SAME IN HIS;tf>/THEIR AUTHORIZED CAPACITY(+P5,), AND THAT BY HIS/THEIR SIGNATURE (} ON THE INSTRUMENT THE PERSON( -5j, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(-&) 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: SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE LI z CGrvah f es (NAME PRINTED) NOTARY ACKNOWLEDGMENT: MY PRINCIPAL ,^, PLACE OF BUSINESS IS IIWS IN AM4,d6_ COUNTY. MY COMMISSION EXPIRES: 1.2,77 0 COMMISSION NO: )40 S "f 70 A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA )SS COUNTY OF L45 AW 9%tI0CS ) ON 311116 BEFORE ME k919I/n!& CN1'N A NOTARY PUBLIC, PERSONALLY APPEARED xt/g,04A 7eno4 D u , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONf�WHOSE NAME(,Q,'CS)ARE S SCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HER/THEIR AUTHORIZED CAPACITY��, AND THAT BY(HI HER/THEIR 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. WITNESS MY HAND: SIGNATURE NOTARY P C IN AND FOR SAID STATE letzis-rwe e. t� (NAME PRINTED) MY PRINCIPAL PLACE OF BUSINESS IS SIGNATURE OMISSIONS: PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A)(i-viii) OF THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: DIAMOND BAR COUNTRY ESTATES ASSOCIATION, HOLDER OF EASEMENTS FOR INGRESS, EGRESS AND ROAD MAINTENANCE RECORDED JANUARY 13, 1998 AS INSTRUMENT NO. 98-053321 OF OFFICIAL RECORDS. COUNTY OF LOS ANGELES, HOLDER OF EASEMENTS FOR MULTI -USE TRAIL PURPOSES RECORDED DECEMBER 10, 2015 AS INSTRUMENT NO. 2015155669 AND 2015155670, BOTH OF OFFICIAL RECORDS. PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(C) OF THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: DIAMOND BAR DEVELOPMENT CORPORATION, HOLDER OF OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES AND MINERAL RIGHTS RECORDED MARCH 19, 1968 IN BOOK D-3955, PAGE 185, AND MODIFIED BY DEED RECORDED JUNE 24, 1970 AS INSTRUMENT NO. 1232, BOOK D-4750, PAGE 111, AND BOOK D-774, PAGE 312, ALL OF OFFICIAL RECORDS. EASEMENT NOTES: OA DENOTES AN EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS PURPOSES DEDICATED HEREON TO THE CITY OF DIAMOND BAR. © DENOTES AN EASEMENT FOR PUBLIC UTILITIES AND PUBLIC SERVICES PURPOSES DEDICATED HEREON TO THE CITY OF DIAMOND BAR. © DENOTES AN EASEMENT FOR INGRESS, EGRESS AND ROAD MAINTENANCE PURPOSES IN FAVOR OF DIAMOND BAR COUNTRY ESTATES ASSOCIATION RECORDED JANUARY 13, 1998 AS INSTRUMENT NO. 98-053321, O.R. (SEE SHEET 15 FOR EASEMENT DATA) DD DENOTES AN EASEMENT FOR SANITARY SEWER PIPELINE AND ACCESS PURPOSES RESERVED HEREON TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT. ED DENOTES AN EASEMENT FOR SECONDARY EMERGENCY ACCESS PURPOSES DEDICATED HEREON TO THE CITY OF DIAMOND BAR. © DENOTES AN EASEMENT FOR MULTI -USE TRAIL PURPOSES IN FAVOR OF THE COUNTY OF LOS ANGELES RECORDED DECEMBER 10, 2015 AS INSTRUMENT NO. 20151552669 AND 20151552670, BOTH OF OFFICIAL RECORDS. (SEE SHEET 14 FOR EASEMENT DATA) DH DENOTES AN EASEMENT FOR STORM DRAIN MAINTENANCE AND ACCESS PURPOSES RESERVED HEREON TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT. ID DENOTES AN EASEMENT FOR IRRIGATION SYSTEM PURPOSES RESERVED HEREON TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT. KD DENOTES AN EASEMENT FOR ACCESS PURPOSES FOR THE OWNERS OF LOTS 1 THROUGH 48 RESERVED HEREON TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT. SPECIAL NOTES: DENOTES THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE "RESTRICTED USE AREA" DEDICATED HEREON TO THE CITY OF DIAMOND BAR. DJ DENOTES THE RIGHT TO PROHIBIT GRADING AND ERECTION OF BUILDINGS OR OTHER STRUCTURES WITHIN THE "GEOTECHNICAL RESTRICTED USE AREA" DEDICATED HEREON TO THE CITY OF DIAMOND BAR. ACCESS NOTE: NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, ROADWAY, PARKWAY, BRIDAL TRAIL AND UTILITY PURPOSES OVER THE ADJACENT PRIVATE STREETS OF ALAMO HEIGHTS DRIVE, ROCKY TRAIL ROAD AND BLAZE TRAIL PER GRANT DEEDS RECORDED OCTOBER 5, 1970 AS INSTRUMENT NO.'S 1206, 1208, 1210 AND GRANT DEED RECORDED OCTOBER 19, 1970 AS INSTRUMENT NO. 2514, ALL OF OFFICIAL RECORDS. GENERAL NOTES: 1. LOTS "A" AND "B" ARE NOT SEPARATE BUILDING SITES, ARE FOR OPEN SPACE PURPOSES AND ARE IN L -4S ON COUNTY. TO BE GRANTED TO A HOMEOWNER ASSOCIATION BY SEPARATE INSTRUMENT. MY COMMISSION EXPIRES: 0 ! 2.a7 COMMISSION NO: 213(02.5'` JN 130312 tt i Jt1tt J AREA: 79..9944 ACRES GROSS BOUNDARY CONTROL & INDEX MAP TRACT 53430 NUMBERED LOTS: 48 NO. O5 INDICATES SHEET NUMBER LETTERED LOTS: 2 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LIMITS OF SHEET ACCESS NOTE: LAWRENCE L. TRUMAN, L.S. 5346 Michael Baker DATE OF SURVEY: SEPTEMBER, 2013 BOUNDARY OF THE LAND BEING • NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, ROADWAY, PARKWAY, N T E R N A T I 0 N A L SUBDIVIDED BY THIS MAP BRIDAL TRAIL AND UTILITY PURPOSES OVER THE ADJACENT PRIVATE 1025 MONUMENT NOTES: STREETS OF ALAMO HEIGHTS DRIVE, ROCKY TRAIL ROAD AND BLAZE ;I 1011 MONUMENT REFERENCE AS NOTED. TRAIL PER GRANT DEEDS RECORDED OCTOBER 5, 1970 AS INSTRUMENT W NO.'S 1206, 1208, 1210 AND GRANT DEED RECORDED OCTOBER 19, 1970 �I� Of (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) AS INSTRUMENT NO. 2514, ALL OF OFFICIAL RECORDS. 'lig "4I7 '� CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. 00 �- (M,R2,R3) (M) (R5) (M) (M) (R1) (R5) (M) (R1,R5) (M) (M) (M) (R1) (R5) (M) (R2,R5) (M) (R1) (R5) (M) CURVE TABLE No. DELTA RADIUS LENGTH Cl 05'24'39" 2000.00' 188.87 C2 78'35'43" 44.00' 60.36 C2 78'30'44" 44.00' 60.29 C3 08°24'39" 300.00' 44.04 C4 10°37'33" 500.00' 92.73 C4 10'37'24" 500.00' 92.71 C4 10'36'41" 500.00' 92.60 C5 08'40'47" 2000.00' 302.98 C5 08°40'45" 2000.00' 302.96 C6 05'49'37" 2000.00' 203.40 C7 02'51'10" 2000.00' 99.58 C8 14°08'43" 600.00' 148.13 C8 14°07'24" 600.00' 147.90 C8 14'07'54" 600.00' 147.99 C9 140'08'07" 44.00' 107.62 C9 140°08'08" 44.00' 107.61 C10 36'39'41 " 300.00' 191.96 C10 36°40'05" 300.00' 191.99 C10 36'43'37" 300.00' 192.30 C11 45'04'20" 300.00'236.00 1015 N o 0- N `r' r- ■ FOUND MONUMENT, ACCEPTED AS NOTED. C/L STEEPLECHASE LANE �� 3- 00 (PRIVATE STREET) 1014 °O 3 O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE rn o BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 209.54' - - o 00 N o (M,R2,R3) 1 �Ln z �, 3/4" IRON PIPE TAGGED I.S. 5346" TO BE SET AT ALL REAR LOT 1 Ln Lnoz CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. N_8_7°10'52"E�-'�1013 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. I EWE N87°24'29"W I Cl) \ 12 t- �I =w NOTE: I �� 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL I I I = NOTES, ACCESS NOTE & GENERAL NOTES. �-I�. I ) 2. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, oo I �' BASIS OF BEARINGS, DATUM STATEMENT, I I RECORD REFERENCES AND LEGEND. i J r RA CT N O, 536701 I � SN H7S C `` 1 0 � `�`� I . i NB5°07' 46"E 518.40' (R2,R5) 10 0 i � of N85°15'35"E 518.70'(M) ° o _ Z N32 46'19'W 300.16 (M) S 0 1011 N32°02'00"W 300.20'(R2) Of < L1 C4 IN af zo`" Z I I . 1009 NS8 ko °N i 11 N� o 14 X09 0/, 00 S`366 `36S ' (9"S" y o 1053 0 0 8°� Ln 1 \ `V 1 1 ,06- 44.00' � \ W I 15 ��25� 1008 \ I 3 N43°22'52"E(RAD)R=44' I--v --- --I----------- N I I N42°24'An "W(RA-----0_ - -- �S SS0 06,, CD O 8 �r �j \ z I I I 16 1006 �8 "/p v� o GP�-G ,� ���� l \ \ 1007 1054 �0\ „� ��CJ, OP� 1016 I ° 14 ,��tiij QSJ 4� N84 �� 1005 52 E ( RAD) 170.69'(M) -y�'\�� Fz� ° `L� �PO� N �,�� I I O7 I N84°04' 18"E 170.68' (R1) J P� ��1 p0 �F� ���'1 1 O 4 N84°08'06"E 170.60'(R5) Q � �� • � OG��P�� ,�� � � ��� 1 1 N ° 1061 1019 _ �,� �Q� �� �`L� �� 1 1 I 04°52 25 E 195.65'(M) 1055 G` ° �0 �N�PO� 0� "F- % 1 1004 I I N04 ° 41 42 E 195.63 (R 1) ;5 ' �c. \ \ ��� pp 6� �� 1 1 5 I I N04 44'47 " E 195.82'(R5) �6 Pl cg \\ \\ NN N61 18 11 1 - -♦ �I N8RAD2 c8 �E C/L CANYON VIEW DRIVE 1019 1055 I �' ( j ' (PRIVATE STREET 1056 N41 ° 36' 38"E 1 1 6 ) >> > i 44.00' ( RAD) sl LOT B '� 19 \ 11 1000 _ ,_N89 ° 02 ' 27"E \ � DETAIL ��� I I I (RAD) R=1500' NOT TO SCALE 00 `1 lel _ i ~SEE DETAIL O I 7 (SEE C/L DATA s�j �5 6 ABOVE LEFT O9 I 1001 I 1056 20 I I ON SHEET 5 ) R \ W II ^ ^ 106 1 W 8 II MiTRACT NO, 51169 1020 30 21 ® Io o w 1 2 1 7/ 65- l 2 � 'E 0 31 I cn -- I o:5 w I'DLli Lj 6 I � ZZ cD i �- I 22 Ln I Nw �50�� __((9- s 3 2 2 c9 �= Q N o 4j �C�lf33 \ 23 I� 1 O II poo _ �ooC��� SNHS co o/ p \ 28 I IQ I z z v ����.��� 34 210 7 24 35 ter_ I 1003 .�� 25 I I ` , N72002'55"E M i CCCS ➢ I 26 36 I NUT �pNE� J ' 1002 CK W AL i 12 1051 � CIL �� STREE -- -. - --� , ' I . -(PRIVATE 13 37 m I 1 LOT 1 I 48 s° Lo1 1 46 4 7 1 �.0�. 38 1 \ Lo I, . Ln 45 o \ \ to 40 \ 44Co �1 l �o,�� �o opo •o� ��� I 12 43I- 41 to 0 CD 4 200 100 0 200 400 600 1 1 SCALE: 1"=200' ° 1023 N89 27 53 W 1187.55 (R 1) 1187.01'(R5) 1 N89° 16'23"W 1187.70' (M) ---------SCO------- �h ^� _ 1024 ��h�N 1021 4s'38 f N77°��> >911g 25'iM)IfI N45° , 29'17" 65 G�" _ GRIP 527.34'(R4) 527.20-� 993 28 19"f 6� g8, 65, 0 �,��� W 7920.98-1-( M� 212.01'(R4) 212.11' 99 992 6R4) 65.00'(R5) 5 CD)(RS GRpNND -�- �� NOCO JN 130312 SHEET 4 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 TRACT N0. 53430 IN THE CIN OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 INTERNATIONAL MONUMENT NOTES: FJO 1-11 MONUMENT REFERENCE AS NOTED. (SEE BELOW FOR MONUMENT DESCRIPTIONS) A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED I .S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED I .S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED I .S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. MONUMENT DESCRIPTIONS: FOUND SPIKE AND WASHER STAMPED IS 5669", ACCEPTED AS CENTER OF CUL-DE-SAC OF BLAZE SNHS 991 FOUND 2" IRON PIPE TAG MISSING, ACCEPTED AS 2" IRON PIPE PER PARCEL MAP NO. 1528, FOUND P.M.B. 26/19-30 AND THE SOUTHWESTERLY CORNER OF R4. 615.264 1010 992 FOUND 1" IRON PIPE TAG MISSING, NO RECORD, ACCEPTED AS POINT ON THE SOUTHEASTERLY P.M.B. 26/19-30 BOUNDARY OF R4. SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY PROPORTION BETWEEN POINTS 1012 993 FOUND 1" IRON PIPE TAG MISSING, NO RECORD, ACCEPTED AS POINT ON THE SOUTHEASTERLY ANGLE BOUNDARY OF R4. (05°24'39") PER R2 & R3. 1013 1000 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L INTERSECTION OF HORIZON LANE AND CANYON VIEW DRIVE. 1001 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC OF HORIZON LANE. 1002 FOUND 3/4" IRON PIPE WITH PLASTIC PLUG STAMPING ILLEGIBLE, ACCEPTED AS SOUTHERLY CORNER OF R1. Fi-oo-31 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC OF HORIZON LANE. 1004 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC OF HORIZON LANE. 1005 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC OF HORIZON LANE. 1006 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC OF HORIZON LANE AND NORTHWEST CORNER OF R1, 1007 FOUND SPIKE AND WASHER STAMPED IS 5669" PER R1, ACCEPTED AS C/L PC ON PROLONGATION OF BLAZE TRAIL. 1008 FOUND SPIKE AND WASHER STAMPED IS 5669", ACCEPTED AS CENTER OF CUL-DE-SAC OF BLAZE SNHS TRAIL, IN LIEU OF SPIKE AND WASHER W/TAG "RCE 9757" PER R1. 220.231 1009 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY COMPASS ADJUSTMENT BETWEEN FOUND NOCO MONUMENTS AT POINTS 1008 AND 1010, SET MONUMENT AS NOTED. 615.264 1010 FOUND 2" IRON PIPE WITH BRASS TAG STAMPED "RCE 9783" PER R2, ACCEPTED AS ANGLE POINT 1086.568 IN THE NORTHERLY BOUNDARY OF PM 1528, P.M.B. 26/19-30 1011 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY PROPORTION BETWEEN POINTS 1012 AND 1016 PER R2, SET MONUMENT AS NOTED. F10121 SEARCHED, FOUND NOTHING, REESTABLISHED POSITION BY HOLDING RECORD DELTA ANGLE (05°24'39") PER R2 & R3. 1013 SEARCHED, FOUND NOTHING, REESTABLISHED POSITION BY HOLDING RECORD DISTANCE (209.54') PER R2 & R3. 1014 FOUND SPIKE AND WASHER STAMPED "RCE 12437" PER R3, ACCEPTED AS POINT ON C/L ALAMO HEIGHTS DRIVE. 1015 FOUND SPIKE AND WASHER STAMPED "RCE 9783" PER R2, ACCEPTED AS C/L INTERSECTION OF ALAMO HEIGHTS DRIVE AND STEEPLECHASE LANE AND POINT ON TANGENT TO CURVE. 1016 SEARCHED FOR 2" IRON PIPE PER R2, NOT FOUND, RE-ESTABLISHED POSITION BY INTERSECTION, SET MONUMENT AS NOTED. 1019 FOUND SPIKE AND WASHER STAMPED "RCE 9783" PER R2, ACCEPTED AS CENTER OF CUL-DE-SAC ROCKY TRAIL ROAD. 1020 FOUND 2" IRON PIPE WITH BRASS TAG STAMPED IS 4856" NO RECORD, ACCEPTED AS POSITION OF 2" IRON PIPE PER R4 AND ANGLE POINT IN THE NORTHERLY BOUNDARY OF PARCEL MAP NO. 1528, P.M.B. 26/19-30. 1021 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY HOLDING RECORD DISTANCE (65.00') PER R5, SET MONUMENT AS NOTED. 1023 FOUND 2" IRON PIPE WITH BRASS TAG STAMPED "RCE 9783" PER R2, ACCEPTED AS ANGLE POINT IN THE SOUTHERLY BOUNDARY OF PARCEL MAP NO. 1528, P.M.B. 26/19-30. 1024 FOUND 3" COUNTY SURVEYOR BRASS DISK STAMPED "RE 2177 T2S R9W SEC 28 SEC 27 IN CONCRETE MONUMENT PER CSB 1309 AND PM 1528, ACCEPTED AS THE 1/4 CORNER OF SECTIONS 28 AND 27. 1025 FOUND SPIKE AND WASHER, STAMPING ILLEGIBLE, ACCEPTED AS MONUMENT ON PC PER R2. F10511 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY HOLDING RECORD DISTANCE (20.14') PER R5. Fl -o-5,31 ESTABLISHED POSITION ON LINE BETWEEN POINTS 1008 AND 1009, 44.00' FROM POINT 1008, SET MONUMENT AS NOTED. Fi-o-541 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION AT INTERSECTION OF THE CURVE BETWEEN POINTS 1007 AND 1008, 44.00' FROM POINT 1008, SET MONUMENT AS NOTED. Fl 0551 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY HOLDING DISTANCE OF 44.00' FROM POINT 1019, SET MONUMENT AS NOTED. 1056 SEARCHED, FOUND NOTHING, RE-ESTABLISHED POSITION BY HOLDING DISTANCE OF 44.00' FROM POINT 1019, SET MONUMENT AS NOTED. 1061 FOUND 2" IRON PIPE, NO TAG, ACCEPTED AS 2" IRON PIPE PER R1 AND THE EASTERLY CORNER OF R1. DATE OF SURVEY: SEPTEMBER, 2013 NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE LINE BETWEEN CORS SNHS AND CORS EWPP BEING NORTH 62°03'24.7" EAST. DATUM STATEMENT: COORDINATES AS SHOWN HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (EPOCH 2011.00), ZONE 5; BASED LOCALLY UPON THE FOLLOWING CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) AS PUBLISHED BY THE NGS: NAME NORTHING (FT) EASTING (FT) ELLIPSE HGT. SNHS 1795945.182 6583322.414 220.231 CCCS 1772457.595 6602673.780 106.806 NOCO 1793440.821 6692255.965 615.264 EWPP NO. 47851, 1860639.651 6705286.921 1086.568 ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY A COMBINATION FACTOR OF 0.99996553 RECORD REFERENCES: R1 TRACT NO. 51169, M.B. 1217/65-72 R2 TRACT NO. 30578, M.B. 785/1-25 R3 TRACT NO. 32482, M.B. 1003/12-14 R4 TRACT NO. 47851, M.B. 1207/47-56 R5 PARCEL MAP NO. 1528, P.M.B. 26/19-30 R6 R.S.B. 180/13-16 LEGEND: ( ) DATA AS INDICATED AC ACRES C/L CENTERLINE CORS CONTINUOUSLY OPERATING REFERENCE STATION M MEASURED DATA O.R. OFFICIAL RECORDS 0/S OFFSET PC POINT OF CURVATURE P.C.C. POINT OF COMPOUND CURVATURE P.R.C. POINT OF REVERSE CURVATURE RAD RADIAL SF SQUARE FEET VAR. VARIES JN 130312 SHEET 5 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. BE TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 TR,/\( -'T 1\10, 53670 1\/1.8 . 13 6 9 / 4 J 3 N85°15'35"E 518.70' 87.20 13 INTERNATIONAL 2 2.672 AC (GROSS) 2.560 AC (NET) DATE OF SURVEY: SEPTEMBER, 2013 I 1 307 AC (GROSS) 30 0 60 SCALE: 1"=60' 120 180 1 1.307 AC (GROSS) 2 Z 1.118 AC (NET) O N 2.672 AC ( GROSS) 2.560 AC ( NET) o� J N27°07'38"E (RAD) C8 N27°07'38"E 248.89 C� (RAD) C6� RESTRICTED USE AREA DETAIL OF 1 . 1 18 AC ( NET) D X55 00 10" J co n d- � �L10 � ° NOT TO SCALE 11 A B \ Cg �N81 54_01 "W 2\ 65.48 ' _ �8 DETAIL "D" 42' NOT TO SCALE z �\ GEOTECHNICAL ,"�/ SS \ 1009 \ �� SEE DETAIL "E" HEREON \ RESTRICTED USE AREA 14 5r 3�D oil IZ 'Lo 261 �0 1\10 30578 N 6 ('�qp J\il.F3. 78 5 / 1 -35 32, l °lp °N l �6� 2 .09' ��y /:W RESTRICTED S6,S 1 32' o9'' z_ /� USE AREA N22_50' 14co "E v 00 co / I � 90. 47°57'06" R-239.23' L-2DD 21 �b \ ��OQ 1053 �° rCD I� j19, D Im _ N 15 co .1m I 1 �R S '9'0 �� Iz �, 1 .307 AC ( GROSS) gD�R,4 3\ Oo I F ,� 2 `'' 1 . 1 18 AC ( NET) 4 I• / / �. 2.672 AC (GROSS) °�' 44° 20 N Zg / 1 RESTRICTED USE AREA I �, 6 2.560 AC (NET) N27°07' 38"E �RADiR'270 �'"' _ N43022'52 "E Inlo SEE DETAIL (RAD)ORAD)R=44' I , N38 ° "D" HEREON ° „ 00 ,- 14 s I / �j �N27 30 20 E _ o Iz 3 (Rq��s\ 8 89, \ / � (RAD)P.R.C. ,5,21 �0� / 054 I I 1 .563 AC (GROSS) 1 /, L4 C6, 3a 3 1' Sip . L 1.472 AC ( NET) M 00 A B K / - D 36 o C> �' N84 14'52"E 2� / w ��w ��(RAD) 170.69 /�84.89' / _ 85.80' - o NIS , �• 16 0 .1 15;7-251 57 25 77°55 27„w � I'n CN 01006 - 120.64 1007 M i rR;�cT lel J. 51169 0 143.95 J 1z 28g ��� _ - - 1\/1.8. 1217/65-72 z 20' I� / N LO CN / I 1 "30-95' 44.25' \ 'a MONUMENT NOTES: �� I^ L4 1 / wz ISO � RAD c'� LOT „A„ N 25.99' )101 1 MONUMENT REFERENCE AS NOTEDLo 00. I d ° 5N - �- / 0� 1 04 � � ( SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) CDF 10 \ 1005 Z A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. RESTRICTED USE AREA ^� 5ti�0� �G �1 _ oI ■ FOUND MONUMENT, ACCEPTED AS NOTED. CD - if 4 N87>_05 C$'� - ;'I I I O 2" IRON PIPE TAGGED I.S. 5346" TO BE SET AT ALL DISTINCTIVE 1 .345 AC (GROSS) (RAD)P N CD Lo BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. /^ 1.253 AC (NET) ° N I -)a N85°01' \ /'! N78 54 10 W - J / 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT 148 35, 20" W \ /� 341.10' (RAD)P.R.C. j - N78°54'18"W CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. � ce 127.05' 192.75' l L5 30, 6" SPIKE AND WASHER STAMPED I.S. 5346" TO BE SET AT THE TRUE N76°47'11"E i. (RAD) - - 1g'*/ / VAR. - I DATA TABLE TABLE 5 10 I I FI RESTRICTED USE AREA 1 5 47.09' �a° ��Pol 00 W I SLu I 1.274 AC (GROSS)Lu _", _, 52.33' ���9° �I 1.190 AC (NET) A B K E;l N86°59'31"W I O s I N89°01'29"E 30.00' o // 100 N w Q L9 N49°26'45"W o 'o � O F I 86°42'42"W I 370.69' N04°58'40"E 32.00' N� 0 L I J n 184.CN \ 1 157.25' _ L13 185.77' 195.65' L6 U I I1� 213.44' (RAD) 68.00' IIS 7,728� 08°11'18" °rkti�1/N II I o 1 C13 01°31'09" 1530.00' 40.57' C14 � `' I 1530.00' F 1 C15 05°15'18" N I O O N C16 LINE DATA TABLE TABLE NO. BEARING LENGTH L1 N84°14'52"E 47.09' L2 N05°45'08"W 41.47' L3 N24°41'37"W 43.76' L4 N89°23'01"W 52.33' L5 N85°07'35"W 22.28' 1-6 N86°59'31"W 28.43' L7 N89°01'29"E 30.00' 1-8 N73036'25"W 38.89' L9 N49°26'45"W 26.11' L10 N89°46'53"W 24.08' L11 N04°58'40"E 32.00' L12 N16°10'38"W 20.88' L13 N04°52'25"E 195.65' RESTRICTED USE AREA \ 1 1 .406 AC (GROSS) I" N N67° 46 29"E - �( 1 .31 1 AC ( NET) (RAD)P•R.000 . 6$ 33,34"� �\ N89°02'28"E(RAD)R_1530' a ���,/ �RPp�P C'C X22`.-\� N89°02'48"E(RAD)R_2030)' I VAR.I 7�P 197.74' - N 169.97' C16 'T CIL CANYON VIEW DRIVE ((PRIVATE STREET) N89°25'24'E 367.71' 7 - SEE SHEET 6 - JN 130312 CURVE DATA TABLE NO. DELTA RADIUS LENGTH C1 78°32'43" 44.00' 60.36' C2 36°39'32" 44.00' 28.15' C3 41°56'11" 44.00' 32.20' C4 08°24'39" 300.00' 44.04' C5 90°03'39" 50.00' 78.59' C6 33°15'28" 68.00' 39.47' C7 00°22'42" 92.00' 0.61' C8 65°50'43" 92.00' 105.73' C9 65°42'01" 92.00' 105.50' C10 23°04'44" 92.00' 37.06' C11 40°24'22" 68.00' 47.95' C12 08°11'18" 270.00' 38.59' C13 01°31'09" 1530.00' 40.57' C14 05°16'55" 1530.00' 141.05' C15 05°15'18" 1530.00' 140.33' C16 00°01'19" 2030.00' 0.78' C17 07°41'51" 356.99' 47.96' C18 93°14'56" 23.00' 37.43' C19 13°07'40" 510.83' 117.04' C20 23°02'03" 235.32' 94.60' C21 00°47'05" 1672.03' 22.90' C22 05°15'48" 245.02' 22.51' C23 10°37'33" 500.00' 92.73' C24 06°22'07" 500.00' 55.58' C25 04°15'26" 500.00' 37.15' C26 01°51'56" 2000.00' 65.12' C27 03°59'00" 2000.00' 139.04' JN 130312 SHEET 6 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 Michael Baker DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL - SEE SHEET 5 N89°02'48"E(RAD)R=20_30' 1 (PRIVATE STREET) 6 C3 (RAD).. I C/L CANYON VIEW DRIVE ' 1 179.24' 188.47 I L 1000 �- N89°25'24"E / 367.71' LENGTH L1 N89°01'29"E 30.00' L2 N86°11'38"E 30.00' BOCD CD O �- Ned N86°11'38"E aro 7 I " CD U J°o L5 / N - I� 1.351 AC (GROSS) I 46.46' r F I� 1.256 AC (NET) L8 NO3°37'25"W 26.00' L9 00 RESTRICTED USE AREA M I°a L10 NO3 - 37'28 " W_A 11001 �NBj° N16°26'40W 47.03' oo C 8..10 600.00' 48.01' 00 I� 0 I Oil, N86°22'35"E \ I 368.22' �_ I►� 182.60' - M L2 I o 185.62' C12 195.71' 960.94' 73.95' CD _ 172.51' I oro 372.38' I 30' 30' I LOT "A" W w V) III W un I 0 0 �'F N UI C� 00 i LOT "A" � A \ 8 BI F \ 1.285 AC (GROSS) 0 0 K uJ I \ 1.189 AC (NET) of Z RESTRICTED USE AREA \ �- '�\ zLjT RA rT 1\10, 51,169 F- 0 w M.8. 1217/65-72 371.37' _ L3 = N86°22'34"E _\ 146.16' 225.21' 166.19' --� 205.18' I M I N N I F \� 9 LnCD o 1.295 AC (GROSS) O o I C) RESTRICTED USE AREA 1 . 199 AC (NET) N oo \ I � I 00 co �p \ CD I I 374.51' 120.34' L4 N E I N86°22'32" _ , 254.17' 132.04' oo I I 4- 242.47' z 6� F �RpOiP' \ N oo I RESTRICTED USE AREA \\� 1.282 CO(GROSS) o I 35 „ 1 1.186 AC (NET) I iRq p�� 1 I I I rI N86°22'25"E 363.47' _ IN 113.31' L5 250.16' - 135.34' I I 228.13' zolI o l e 1 M I 30' 30' Lp 00 1 �I01� 1.344 AC (GROSS) 00I \ \ F I 1.235 AC (NET) \ RESTRICTED USE AREA A B K I U'1 1 N74 IB 26 o I I 15, (RAD) 1 ^ \ G N78° 43 00"E N79° 16' 11 "W (RAD) J�^ I I-� - G'1 I - \ I _ ---- _ \ 0 � I I � I N83° 17' 57"E 330.13 - � � 1 I 102.29' _ � 64 11003 - - - - 102.14' - \� N06°05'54"W(RAD)R=48' 220.33' - - - - 57 E\i 322.62 i \ / / N81°36'33"E(RAD)R=600' -220.48 N83° 17' \ 320. $4 ��� `�' / / n \ N83° 17'57"F- -C:) `n / \ N76 ° 45' 53"E r � RAD / I " oCo CD 00n 12o� 2.425 AC (GROSS) i j 2.369 AC ( NET) I o ° I o� G I I Qli\ \ I mss\\ RESTRICTED USE AREA SEE DETAIL AO� 01 N SHEET 14 FOR I o, EASEMENT DATA 60 30 0 60 SCALE: 1"=60' 120 180 NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. LINE DATA TABLE TABLE NO. BEARING LENGTH L1 N89°01'29"E 30.00' L2 N86°11'38"E 30.00' L3 N86°11'38"E 30.00' L4 I N86°11'38"E 30.00' L5 N86°11'38"E 30.00' L6 N86°11'38"E 46.46' L7 N15°44'53"E 30.00' L8 NO3°37'25"W 26.00' L9 NO3°37'26"W 34.00' L10 NO3 - 37'28 " W_A 26.00' L11 N16°26'40W 47.03' L12 N06°55'49"W 28.24' MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) Ak CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. JN 130312 CURVE DATA TABLE NO. DELTA RADIUS LENGTH C1 02°49'51" 2000.00' 98.81' C2 02°51'10" 2030.00' 101.07' C3 00°01'19" 2030.00' 0.78' C4 02°49'51" 2030.00' 100.30' C5 19°33'15" 90.00' 30.72' C6 111°50'47" 48.00' 93.70' C7 05°01'04" 48.00' 4.20' C8 106°49'43" 48.00' 89.50' C9 04°35'05" 600.00' 48.01' C10 09°33'38" 600.00' 100.12' C11 14°16'43" 352.38' 87.82' C12 04°24'34" 960.94' 73.95' C13 01°46'21" 372.38' 11.52' C14 06°09'48" 48.00' 5.16' MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) Ak CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. JN 130312 SHEET 7 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 I-Lj NOTE: 1, SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) TRACT Nuf�'. 53430 IN THE CITY • • C'' COUNTY• • ANGELES,•CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5345" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. I N T E R N A T 1 0 N A L 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED, A B K LINE DATA - SEE SHEEI NO. BEARING/DELTA I L1 NO2035'31"E o L2 N06°01'15"W I }- L3 N87°19'24"W wuj m �� I W I L5 N77°13'29"E 30.00' 0 rO I 00 p > N L7 0 69.96' L8 0 20.73' L9 N31°37'40"E 57.55' L10 N53°57'39"E I L11 N64°26'13"E 40' 30' 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED, A B K R J U N83°07'53"E (RAD) 16.33' DATE OF SURVEY: SEPTEMBER, 2013 60 30 0 -� R�\ r � w) , \ r' 'y369�f-8 IM , D N85' 15'35"E 518.70' 192.55' ° Cl 0 ,`fn LINE DATA TABLE NO. BEARING/DELTA LENGTH L1 NO2035'31"E 3.86' L2 N06°01'15"W 94.62' L3 N87°19'24"W 55.73' L4 N77°13'29"E 30.00' L5 N77°13'29"E 30.00' L6 N32051'38"W 27.22' L7 N14°56'38"E 69.96' L8 N12°33'30"E 20.73' L9 N31°37'40"E 57.55' L10 N53°57'39"E 74.63' L11 N64°26'13"E 127.44' L12 N70°09'16"E 42.50' R J U N83°07'53"E (RAD) 16.33' DATE OF SURVEY: SEPTEMBER, 2013 60 30 0 -� R�\ r � w) , \ r' 'y369�f-8 IM , D N85' 15'35"E 518.70' 192.55' ° Cl 0 ,`fn CURVE DATA TABLE 401.25' �RA4 '16 NO. BEARING/DELTA RADIUS LENGTH Cl 08'36'46" 470.00' 70.65' C2 03°20'17" 470.00' 27.38' C3 05'16'29" 470.00' 43.27' C4 08°36'47" 500.00' 75.16' C5 15'20'15" 470.00' 125.81' C6 01°08'46" 470.00' 9.40' C7 14'11'29" 470.00' 116.41' C8 05°54'24" 1200.00' 123.71' C9 33°35'11" 89.60' 52.52' C10 13'24'46" 564.12' 132.06' C11 04'09'55" 309.99' 22.54' C12 33°05'23" 59.40' 34.30' C13 09'08'40" 530.00' 84.59' C14 08°34'59" 530.00' 79.40' C15 08'34'59" 500.00' 74.90' C16 15'20'15" 500.00' 133.84' R J U N83°07'53"E (RAD) 16.33' DATE OF SURVEY: SEPTEMBER, 2013 60 30 0 -� R�\ r � w) , \ r' 'y369�f-8 IM , D N85' 15'35"E 518.70' 192.55' ° Cl 0 ,`fn 208.70' 401.25' �RA4 '16 'ji30.25' y, H - - N85°15'35"E 160.49 431.50 ° �2 N89 ° 15' WE ? Q; 30 I (RAD) 13 ' lob 1.702 AC (GROSS) I o u F 1.570 AC (NET) I-' RESTRICTED USE AREA i a I� �000� N87°19'19"W I 392.90' 344,92' 173.61 ' I 1 30.35' 173.61' 171.31' c'4 171.31' Ln 14 0 to 30 } 1 .310 AC ( GROSS) �� �� / �RqO 38 0 1 . 124 AC (NET) N_ 1I30. W F C � RESTRICT E D USE AREA Ln A Ln j 133.43' 178.90' 146.74' 312.33'I 165.59' 367.81W0 p ^ N 15 Lo o I� F Io 1.225 AC (GROSS) I N L30 ' "' ``' 1.034 AC (NET) I w RESTRICTED USE AREA v- NN o I N V N II p IZ I Z N IZ '30.00' 1 139.27' I CD - - - - _ _ _- 152.89' 292.17'1 _ Ln N87° 19'31 "W I_ 347.72' A I N 16 IQ o 00 CD B CD 1.197 AC (GROSS) �T F - c 1.006 AC (NET) o K u� I r-- 1 30' I L3 C6 N87'19'24"W 131.72' 1016 30' I \ N88°35'02"W �RADj co �n TRACT JN 0, 30578 / u 785/ "1- 5 17 1 a o,L l i 1.217 AC (GROSS) L N 1.090 AC (NET) Lo, 8 N77°12'12"W 1 � K 1 1 (RAD) Iv co- Lo rn_ RESTRICTEDOp rn 1-�I o � o USE AREA / � L 36g' 'n3 18 19 (31. g' 4� �/ \ 1 . 187 AC (GROSS) oN 1.093 AC (NET) y'o, 103N F _A1 ('o- 0 £ \ 1 Imo, RESTRICTED USE AREA o 0 I o� o� N N IL IZ I 347.50' 160.05' 291.77' LOT "A" NOT A SEPARATE BUILDING SITE RESTRICTED USE AREA qQ) - \\I30' ,5161 30, 211 '�'S N11 1g 5 \ I 1 SCALE: 1"=60 7.20' SHEET 8 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 LOT "B" w w _ u� w w cn I TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 1 Z 1 l 1N, - SEE SHEET 7 - W CK W pLNUT ►-p`Nt CIL BLA RI�A1E S1_1 - SEE SHEET 12 - l INTERNATIONAL 30' DATE OF SURVEY: SEPTEMBER, 2013 LOT "A" w w V) w w I LOT "A" 60 30 0 60 120 180 SCALE: 1"=60' NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. LINE TABLE N0. BEARING LENGTH L1 N77°13'29"E 30.00' L2 N79°18'39"E 30.00' L3 N88°10'33"E 30.00' L4 N88°10'33"E 30.00' L5 N88°10'33"E 30.00' L6 N88°10'33"E 30.00' L7 N88°10'33"E 30.00' L8 N08`30'40"W 30.00' CURVE TABLE No. DELTA RADIUS LENGTH C1 02°05'10" 1000.00' 36.41 C2 08°51'54" 1000.00' 154.72 C3 16°55'22" 426.92' 126.09 C4 016'32'41 " 433.92' 125.30 C5 06`46'25" 186.58' 22.06 C6 08°40'40" 626.11' 94.83 C7 04`36'50" 154.34' 12.43 C8 29°19'13" 147.34' 75.40 C9 29°42'41" 118.99' 61.70 C10 18°00'03" 240.13' 75.44 C11 18°49'59" 190.48' 62.61 C12 17°10'21" 185.48' 55.59 C13 21 °31'07" 215.33' 80.87 C14 19°30'38" 221.33' 75.37 C15 35°49'54" 49.68' 31.07 C16 02'05'10" 970.00' 35.32 C17 08°51'54" 970.00' 150.08 C18 83°18'47" 70.00' 101.79 C19 10°57'04" 1000.00' 191.13 C20 10°57'04" 970.00' 185.40 JN 130312 SHEET 9 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 MONUMENT NOTES: Fl -0-1-11 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 I N T E R N A T 1 0 N A L NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. DATE OF SURVEY: SEPTEMBER, 2013 A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. '6 O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT 1 7 9 CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE OPO IN �i LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. ^ � �F.SP� B E \ \ 6N/ 1019 � L9 p-5c�7 RAD �`Lp�` • / � �� E17 bNb/ 6��LOT „B„ bN X20 �I \ �� 3.347 AC (GROSS) �6� S gp • I 1 3.296 AC ( NET) I N08-16 '36'�� I I 1 24- �� NOT A SEPARATE 15• '. S� �� (RAD)R=44 � I 1 BUILDING SITE N56°26' 16"E J I �53*15'27"E_3�TRAD)R=75.50' I RAD)R=44.50' ° 5r, o\ I N73_42 08 E F, GEOTECHNICAL RESTRICTED ly \ >6 L49°45_40°W ° (RAD) i �� USE AREA ��9 \` 65r (RAD)R-44 N3_(OA1D�5 I �.� 35p. C2 I/ �`j 5� 'A,)Z/ I I _ c� N87° 15' 19"W 206.01' 8 � C-) I cr v o Q 9 I CURVE TABLE No. DELTA RADIUS LENGTH C1 140'08'07" 44.00' 107.62 C2 016'13'28" 300.00' 84.95 C3 005'03'57" 300.00' 26.53 C4 020'15'52" 300.00' 106.10 C5 001 °01'33" 300.00' 5.38 C6 009'15'10" 377.23' 60.92 C7 018'11'02" 403.11' 127.93 C8 010'05'48" 345.00' 60.80 C9 016'46'02" 365.48' 106.95 C10 067'30'31 " 57.00' 67.16 C11 020'30'20" 85.00' 30.42 C12 098'48'58" 48.00' 82.78 C13 023'31'32" 48.00' 19.71 C14 019'33'15" 90.00' 30.72 C15 016'13'28" 270.00' 76.46 C16 005'03'57" 270.00' 23.87 C17 020'15'52" 330.00' 116.71 C18 001'01'33" 330.00' 5.91 C19 090'00'00" 13.00' 20.42 C20 049'50'24" 44.00' 38.27 C21 048'49'09" 44.00' 37.49 C22 037'40'43" 48.00' 31.57 C23 173'19'02" 72.00' 217.80 C24 084'53'32" 75.50' 111.86 C25 041'29'04" 44.00' 31.86 C26 081'41'43" 44.50' 63.46 C27 173'19'02" 103.00' 311.57 C28 05719'20" 48.00' 48.02 C29 122'20'30" 48.00' 102.49 C30 021'17'25" 270.00' 100.33 C31 021'17'25" 330.00' 122.62 C32 021'17'25" 300.00' 111.48 C33 021'17'25" 300.00' 111.48 C34 021'18'00" 44.00' 16.36 C35 03°48'54" 48.00' 3.20' SyFFT X77°31'03"E N8 I (R -ADT (Rqp lg 2g» I L11 g 30 K �� 1.339 AC (GROSS) �I 701, \ ozo° v 1.241 AC ( NET) v I o � LINE TABLE N0. BEARING LENGTH L1 N66'54'04"E 49.48' L2 N81 '29'20"E 30.00' L3 N65'15'52"E 30.00' L4 N80°27'47"E 30.00' L5 N81 *29'20"E 30.00' L6 N08'30'40"W 30.00' L7 N08'30'40"W 9.80' L8 N41 '36'38"E 44.00' L9 N81 *28'31 "E 44.00' L10 N21 *17'55"W 48.00' L11 N11°02'35"E 30.00' L12 N08'30'40"W 105.60' L13 N64'26'1 3"E 127.44' L14 N52'41'04"E 58.92' L15 N57°37'58"E 106.43' L16 N75'50'20"E 73.99' L17 N81'46'21 "E 41.40' L18 N29'18'01 "W 17.50' L19 N37'20'12"W 23.60' L20 N20'33'0911W 78.39' 30� 3r1i0' N81 ° 29'g O'4 341 g 1 3 2 I � I 221.83' o I L2 I � \ r N U' w I� 33 \ C3 \ 34 `� \ (RAD)1 -- \. L4 29 1.080 AC (GROSS) 0.989 AC (NET) 318.62' N81 ° 29 216.42' 237.06' 19 W W W W (n I 20 0 F 21 RESTRICTED USE AREA 148.47' 120.OB, 07, 81.56' / N08° 30'40 W �I 34.00' Ln 1 ° �" S 28 I 'q q 1.007 AC (GROSS) all F �� 0.913 AC ( NET) cel <k-0 z X94.80' N81°29'20„E272.56 - - 63.68' I A77,76' I I 208.88' I N08°30'40"W----��I �__C18 58.47' \I I N6 '1 F ° I I � Ci� 2 w E 589 11' I � N81 ° 29' 20, g K _�STREE � 60 30 0 60 120 180 37 L7 ( PRIVATE- 47 SCALE: 1"=60' I 46 - SEE SHEET 12 - I 00 w W Cn w w Cn I 22 m 24 25 JN 130312 I C7 I 0 59o 27 ND)p.R �� ch x `" r 1.011 AC (GROSS) �, �jJ\� 0.908 AC (NET) 1 �,m`� 35 o o `� �9°�`29# - CD 155.33 I �I 199;70 255.0320 m I L5 N81 29 E W - \ cl� N � g ofr A � 26 0 I B 1.135 AC (GROSS) w LA I °' 0.847 AC (NET) 3 6 w K co J II I yco "E 222= 5- 2= 0 30 1 30 _NE L BL ACKWALN67T55' �- I I � Ci� 2 w E 589 11' I � N81 ° 29' 20, g K _�STREE � 60 30 0 60 120 180 37 L7 ( PRIVATE- 47 SCALE: 1"=60' I 46 - SEE SHEET 12 - I 00 w W Cn w w Cn I 22 m 24 25 JN 130312 SHEET 10 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 EINE TABLE N0. BEARING LENGTH L1 N21'1 7'55"W 48.00' L2 N08°30'40"W 31.86' L3 N81 *29'20"E 39.62' L4 N81 °29'54"W 30.87' L5 N51*14'06"E 46.23' L6 N 02'00' 40" W 28.19' L7 N41'18'45"W 35.94' L8 N07'24'04"E 29.76' L9 N14*30'38"E 32.55' L10 N 11'49'1 7"E 77.33' L11 N01'59'24"E 21.40' L12 N06'58'39"E 88.04' L13 N34'14'13"W 42.93' L14 N09"1'31 "W 24.36' L15 N59°05'16"W 40.83' L16 N75'54'38"W 70.42' L17 N76'20'03"E 25.29' L18 N52°53'40"W 67.78' L19 N08°30'40"W 34.00' L20 N28'15'53"W 72.68' TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 LINE TABLE N0. BEARING LENGTH L21 N24°54'49"E 44.46' L22 N81'29'20"E 30.00' L23 N64'03'48"E 30.00' L24 N81 *29'20"E 30.00' L25 N28'03'55"W 16.76' L26 N28°03'55"W 13.24' L27 N08'30'40"W 80.91' L28 N08'30'40"W 24.69' L29 N08'30'40"W 4.48' L30 N28°03'55"W 30.00' L31 N08°30'40"W 105.60' L32 N08°30'40"W 24.69' L33 N08°30'40"W 4.48' L34 N81 *29'20"E 30.00' L35 N37'20'1 2"W 23.60' L36 N20'33'09"W 78.39' L37 N09*11'37"W 40.93' 0�0 31 2.168 AC (GROSS) 2.100 AC (NET) � 1020 i 6' 435.72 421.95, 1 � F J RESTRICTED USE AREA & `cp GEOTECHNICAL RESTRICTED USE AREA 342.32' 304.08 1- DATE OF SURVEY: SEPTEMBER, 2013 I N T E R N AT 1 0 N A L CURVE TABLE No. DELTA RADIUS LENGTH Cl 21 °17'25" 300.00' 111.48 C2 21 °17'25" 300.00' 111.48 C3 09°52'28" 409.38' 70.55 C4 17°51'24" 180.64' 56.30 C5 96°46'00" 48.00' 81.07 C6 19°33'15" 90.00' 30.72 C7 17`25'32" 330.00' 100.36 C8 21 °17'25" 330.00' 122.62 C9 17°25'32" 300.00' 91.24 C10 03°51'53" 300.00' 20.24 C11 03°51'53" 330.00' 22.26 C12 21 °17'25" 270.00' 100.33 60 30 0 60 SCALE: 1"=60' 120 180 NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. MONUMENT NOTES: Fl -0-1-11 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) A, CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED, O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE 0I LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. SEE SHEET 9 - ss �\ ssi�cp'p LOT "B„ J GEOTECHNICAL RESTRICTED USE AREA 6Q,\ N87°15'19"W 206.01' I 157.30' - - - - F �I L4 C3 �� -C4 �fi- \ N00°31'10"J <� A RESTRICTED USE AREA N09°21' 18'�WjI (RAD) (RAD)P.R.C.K 1 � L25 N 03 1 205.91' loo L - � 219.68' 641.63 _ - /0) „E N81 ° 29' 20 �I � 32 1.880 AC (GROSS) 1.792 AC (NET) ?, F J ��. RESTRICTED USE AREA & oma; GEOTECHNICAL RESTRICTED USE AREA s 263 07' ✓,, �'. 1 / 250.25' cp F J RESTRICTED USE AREA & \� fid, GEOTECHNICAL RESTRICTED USE AREA �1 C� 272.80' 15.12' �� 311 p4, ' 33 �-� 1.787 AC (GROSS) 1.704 AC (NET) -I c� 331.06' 343.88' �- N81 ° 2g' 20 5g4 " E .13' 34 1.773 AC (GROSS) X16 1.682 AC (NET) POP L29---, 7 ' �8 2p0.26 ---- ��" - 213.72' - 583.79 _----- � 383.54' N81 ° 29 , 20„ E 613.79 I `� 370.08' \ 35 \\�0 1.900 AC (GROSS) 1.804 AC (NET) RESTRICTED USE AREA & / GEOTECHNICAL RESTRICTED USE AREA / 213.65' 542.98' _ 572.95, 329.33' N81 ° 29 , 20" E 36 1 � - SEE SHEET 11 - L24 I I o z � 30 p0 0 O I � 7 0 2 o :1-E I N IA Il .. 00 W � I 30' 034. JN 130312 co ol o < o m30 �. , 0 rT, l \ cn � l T '` �- 00r7 �, NI, W " 30 _ 1 1_28- ' N 29 ' 3p \ (1) 3p 1 POP L29---, 7 ' �8 2p0.26 ---- ��" - 213.72' - 583.79 _----- � 383.54' N81 ° 29 , 20„ E 613.79 I `� 370.08' \ 35 \\�0 1.900 AC (GROSS) 1.804 AC (NET) RESTRICTED USE AREA & / GEOTECHNICAL RESTRICTED USE AREA / 213.65' 542.98' _ 572.95, 329.33' N81 ° 29 , 20" E 36 1 � - SEE SHEET 11 - L24 I I o z � 30 p0 0 O I � 7 0 2 o :1-E I N IA Il .. 00 W � I 30' 034. JN 130312 SHEET 11 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 TRACT NO. 53430 LETTERED LOTS: 2 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 Michael BakerDATE OF SURVEY: SEPTEMBER, 2013 1 N T E R N AT 1 0 N A L A - SEE SHEET 10 - B \ 3 cJ K L1 30' \ 98' 245.80' 542• I I N \ 26 w 297.18 N08012'14"W I 36 zo 74.76'~II 1.573 AC (GROSS)Wo c \ W I 1.488 AC ( NET) \ o o cWi) F J `\ L2 E RESTRICTED USE AREA & N19°48957'- \\ 36.46' V� LAN - Co 6' GEOTECHNICAL RESTRICTED USE AREA 506.84 2 B�OKWALN N81 ° 29' 20 E 41 °' TE STREET ) _ - 241. rn ion � `l'_ o � (PRIVA \ i 43 5 26. N 11 ° 39 ' ' 38 W •.� �I N31°53'25"W 3 7 41.20 55.12' 1.532 AC (GROSS) \ I \ 1.443 AC (NET) l \ 1 F J \ J 979° '26-" 4-E- L4 RESTRICTED USE AREA & N37041'27"W I GEOTECHNICAL RESTRICTED USE AREA 42.44'�� 197.68 ,20 / 203.31' N81 ° 29"E 470.26 N79° 28_19 EJ -� � 1 46 272. 58 N44°35'54"W 266.95' N9°17'32"W 53.18' 19.89' � 1.491 AC ( GROSS) 1.411 AC ( NET) -AF J J \ L5 \ N10058'10"Efl N20°27'46"W RESTRICTED USE AREA & 36.79' 35.80' tl I \ \ GEOTECHNICAL RESTRICTED USE AREA V 185.2311 „E 435 _ 211 02 N75° SRF Cc)) N7 RFpi N ✓' �° 249.93 4 14' \ 39 \ N13°33'07"W�1 1.429 AC (GROSS) - \ / 43.83' 1.344 AC (NET) w \ W `V ✓� r F J \ N24°37'45"W L6 \ c9 \ RESTRICTED USE AREA & \\95.65' \, /i LW \ GEOTECHNICAL RESTRICTED \ 199 '0 // P Cn USE AREA W.56 205.43 ° 3 53 jE� \ p \ 45 _9 \ i 20', O 1.552 AC( (GROSS) 1 \ 206 N16°54'50"W 1.458 AC (NET) 28.60' \\ I \ N47°22'14"W1 3� 70.42 N13° 44'37"W ' I \\//-66.08' oo, / �� \ 44 - --I 39i 60 30 0 60 120 180 r'- RESTRICTED USE AREA & N ' '_� N8°43'48"W GEOTECHNICAL RESTRICTED \ \ < L9 \ ° ti USE AREA �, �\ 24.34 4 100 1� SCALE: 1"=60' 21�' l5 , N25°56'51"W \ 1.749 AC (GROSS) n v 01 21G \ \\ 34. 13'x\ ",\-•\ 1.645 AC ( NET) NOTE: \\ \ \\ N35°54'55"W 43 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, \ \\ \84.70' ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. F J 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS \ OF BEARINGS, DATUM STATEMENT, RECORD RESTRICTED USE AREA &' REFERENCES AND LEGEND. GEOTECHNICAL RESTRICTED \ I USE AREA \ \N09° 11'01 E \ 51.62' 42 CURVE TABLE No. DELTA RADIUS LENGTH C1 02'03'06" 1750.00' 62.66 C2 03'47'41" 1750.00' 115.90 C3 04'00'07" 1750.00' 122.24 C4 04'24'04" 1750.00' 134.42 C5 04'01'47" 1750.00' 123.08 C6 18'16'45" 1750.00' 558.31 C7 02'01'01" 1780.00' 62.66 C8 03'48'25" 1780.00' 118.27 C9 04'00'01 " 1780.00' 124.28 C10 04'25'22" 1780.00' 137.40 C11 01'40'26" 1780.00' 52.00 C12 18'23'40" 90.00' 28.89 C13 31 °14'56" 48.00' 26.18 C14 15'55'15" 1780.00' 494.61 LINE TABLE N0. BEARING LENGTH L1 N81 *29'20"E 30.00' L2 N81 *29'20"E 30.00' L3 N08°30'40"W 9.80' L4 N81 °29'20"E 30.02' L5 N76'58'16"E 30.01' L6 N73'05'10"E 30.01' L7 N67'22'54"E 30.00' L8 N52°42'49"E 48.00' L9 N06'02'15"W 30.00' 1i G SEE DETAIL "A" ON SHEET 14 FOR EASEMENT DATA MONUMENT NOTES: G \) F101_1 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. JN 130312 SHEET 12 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 CURVE TABLE No. DELTA RADIUS LENGTH Cl 17'09'16" 157.50' 47.16' C2 10'06'41 " 257.50' 45.44' C3 15'45'40" 207.50' 57.08' C4 1'40'51" 2679.46' 78.60' C5 81'11'34" 37.50' 53.14' C6 4'19'55" 1750.00' 132.31' C7 4'01'47" 1750.00' 123.08' C8 15'43'31" 288.66' 79.23' C9 91'06'52" 13.00' 20.67' CIO 20'50'23" 90.00' 32.73' C11 219'03'59" 48.00' 183.52' C12 2'24'13" 1720.00' 72.15' C13 6'23'58" 1720.00' 192.11' C14 30'49'09" 48.00' 25.82' C15 84'34'56" 48.00' 70.86' C16 72'24'58" 48.00' 60.67' C17 1'30'47" 1720.00' 45.42' C18 4'19'21" 1720.00' 129.76' C19 90'00'00" 52.50' 82.47' C20 90'00'00" 72.50' 113.88' C21 00'20'17" j 1720.00' j 10.15' LINE TABLE N0. BEARING LENGTH L1 NO3*14'46"W 12.85' 1-2 N29°35'52"E 43.42' L3 N53'25'02"E 108.71' L4 N12'28'43"W 16.23' L5 N81'29'20"E 26.73' L6 N08'27'07"W 14.98' L7 N81 '32'53"E 3.66' L8 N45°06'14"W 30.00' L9 N71'34'17"E 30.00' L10 N08'30'40"W 35.00' 1-11 N75'42'55"E 48.00' L12 N44°56'15"W 20.29' L13 N44'56'15"W 71.11' L14 N52'42'49"E 48.00' L15 N08°27'07"W 30.00' L16 N08'30'40"W 30.00' L17 N08'30'40"W 30.00' L18 N66'42'13"E 30.00' L19 N19°42'09"W 48.00' L20 N69'10'42"E 60.15' L21 N53°51'46"E 59.40' L22 N67*48'18"E 97.11' L23 N44'25'04"E 59.94' L24 N52'28'05"E 186.28' L25 N69'10'42"E 60.54' TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 I N T E R N AT 1 0 N A L DATE OF SURVEY: SEPTEMBER, 2013 - SEE SHEET 9 - - SEE SHEET 8 - NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. 1 130'Z 30' I 2 536 _ _ - I � o o I 26 _ NE2g 20 E 589.11 160.00' T I.A Ln U » I N cis Bic �N _ C', PRIVATE STREETi N81 o _ 143.00' -� 159.97' / I M r ° 20 E 437 2 I 162.73 ;, N81 1 _ - _ 143.00 I I 9.80 ' 40 I D H 50 II 2- - 3`�-I 48 6, LOT A 37 G°' _ 119. I 1.123 AC (GROSS) �- N80°22'28"E A - �SEEEDDETA�IL "F" I o I 1.013 AC (NET) I (RADP.- EASEMENT R.C. I BELOW FOR I -� K 10 1� F o, zo EASEMENT DATA II w o II I L7DH 0, �. 1 p �11��1� W I� I olo L6 1 P o -N I a,IQ CO N61*44'10"E E -_ 47 �, N o oo 1 .005 AC (GROSS)L5 ADR=1455z II v/im . ) 50 0 46 co w 38 1 7 �` \��� 1.088 AC ( GROSS) ° 01 Q w \ �� 0.782 AC ( NET) VTI cn �' - -11N82 12 Ln I 9-7.45' 1s / cWr 00 51 E 0.906 AC (NET) �-o - F / C N \ �� 6 (RAD) H RESTRICTED o o\ r \ ° „E �. USE AREA / / w 0 0o j �' 76.84 /I I CP\ 1°29'2O_ r,� rn �, N8 - F / 1 159.69 j I C = w r _ 70_50 - / I�, 16B.01 _ un 39 \ �' �\ F_-_- 0 143.00 0 1 -107.02' 24N.7029'20"E 409.71 I / / F o � °'(::R RESTRICTED45 SEE DTAILA„ O I USE AREA MONUMENT NOTES: 1.164 AC (GROSS) ON SHEET 14 FOR 30' 15' `p° \ �`'1 1.073 AC (NET) EASEMENT DATA 1011 MONUMENT REFERENCE AS NOTED. - (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) n \��I� I I I I 18 A CONTINUOUSLY OPERATING REFERENCE STATION ° 1� ZI a - _ _ J I 173 27 00 ( CORS) AS NOTED . Q0 RESTRICTED USE AREA ■ FOUND MONUMENT, ACCEPTED AS NOTED. /� \ 30 3p \ I , - - - 198 2g , 64' - ' 382 • I „E 91 g� ' a , . - -2o N7 8 40, 3g r 1 �Qqo j- F F 2" IRON PIPE TAGGED I.S. 5346" TO BE SET \ ! L� - _ - , f Nl rn \ I AT ALL DISTINCTIVE BOUNDARY CORNERS, - o_ 44 v JIB I I UNLESS OTHERWISE NOTED. / 1.061 AC ( GROSS) �, -1 o I L12 0.957 AC (NET)_w,l°'�I I 1- -G 3 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE \ I I tx / r N65°_44' 09 E I �� SET AT ALL REAR LOT CORNERS, EXCEPTING ,�N, �'� �RAD)P.C.C. "E 1 I F / LOTS 31 THROUGH 42, UNLESS OTHERWISE L� P \ 53 A6 NOTED. N4 <RPOi I 13gp 93 W W cn W W N6 c> 159 ' 10 342 g3 / 1 RESTR AREF / i 3° �v I I oSE 6" SPIKE AND WASHER STAMPED "L.S. 5346 12'35. TO BE SET AT THE TRUE LOCATION OF ALL (RA p) (:RND N75° 42 55 ��/ oI I II 1- FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. 43 /\ 0 1 .475 AC ( GROSS) \,2`L �� I F�� 41 C 1.436 AC ( NET) ��,�/ J v 1?��' �q � �. J' 42 5o 0 2.770 AC ( GROSS) F J tK 2.736 AC (NET) �.��� RESTRICTED USE AREA & GEOTECHNICAL RESTRICTED USE AREA � \ �. / •o cp, � „ 437.24 -' �- \ � \ � � `p" •�, N81 ° 2g 20 E 50.00 -- 15 ��� vp N / 143.00' F J \ .�. Y 50 I I` I I �S• �,�� RESTRICTED USE AREA & "' p H GEOTECHNICAL RESTRICTED U -)I 20' 30 6' / / USE AREA ofr_-�'I `goo\�- v/ j X63°50' 55"W 31 o I M 48 \ // / RAID 47 0l N I N RESTRICTED USE AREA & \ V✓/ / 1.005 AC ( GROSS) GEOTECHNICAL RESTRICTED \ \ / 0.906 AC ( NET) I 3 I USE AREA \\ \\ ~/ / 1S' 46 ZII o I 1 .088 AC ( GROSS) I o I 0.782 AC ( NET) 50 1 0 ISEE DETAIL "A" -oo I ON SHEET 14 FOR EASEMENT DATA zI 1023 o \ zl N N81°2g'20„E 180.9 0.50. - i 110.40' - - - - 70.50' 107.02'' 20„ 409.71 177.52 , Lg N81 29 E 60 30 0 60 120 180 ��o���� lRppi 45 00 SCALE: 1"=60' \ 1021 � nr•-rA a ern IVV I I V liurlLL JN 130312 SHEET 13 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 60 30 0 60 120 180 SCALE: 1"=60' DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL NOTE: 1. SEE SHEET 2 FOR EASEMENT (NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL 8c INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT (DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. - MATCH LINE SEE TOP RIGHT 11 I 7 CD 6 co Ln l E� I 5 10 4 I in W W V) W W I I Q0 w - w W W MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. - MATCH LINE SEE BOTTOM LEFT - N0. BEARING SEE SHEET 7 - N44°56'15"W 23 I 1i I N52°28'05"E MM J W L3 N77`39'14"E `r CD N83° 07'53"E I o co10 `� r (RAD) I 0 m -I o o / N8180 30' 30"W 0 z / I (RADT I 1=uj I /I i C) — w 'I*-/ / N88035'02"W_ 1 6 I _----AD) �- '�' - 0.00 (R I :� N87°19'24"W 331.17' 24 06 CN -o -o 291.77' z o O 1016 oo Q,o� "� I J� I V B00 SII z I 1 I I 1 Qo 4---------- It J Iacl!�J 1 1 �- _W u= s I L=28.97', R=68.00' �_----W. 1 1 =- I s O I 1430, 1 0=24°24'29" II— � — — — — -cn_ w 3Oa 1 1-1 N63°46'04"E 1 1 w cW 17 25 LOT A " —1 1 (RAD)P.R.C. 1 I 2.23 1 8.864 AC (GROSS) 1 1 1 7.812 AC (NET) / B I A , NOT A SEPARATE / K I I \\ \ 1 g BUILDING SITE tOF— � 1 CK W ASN uT — —CIL B�Rj STREET) K (PRIVATE — ° 29 , 20, 11 -j E 589. w �— N81 123.39' w CD ' / / FsN EE DETA74Fn"R un \ / � N 15 53 ' 49 ' E — / / SHEET EASEMENT DATA \ W / (RAD)P.R.C. / / O � L=28.97', R=68.00' / I 18 1� W o 'co 12 � o N 1 Go � vn 1 G) N i LOT „ A" G 8.864 AC (GROSS) Z / 7.812 AC (NET) 1m 1 NOT A SEPARATE 19 1 BUILDING SITE L w / C:) w \. o W i D o II- I o � I o 00 O O ICA O O 00 w O C I O 3 w = 20 I r r O Ir W I0 z un I I w � 1 .1 I •1 I 21 30' I 30' I I � I C14 CD Z 10, 22 I I 1 IZ I BI KI 23 I Il - MATCH LINE SEE TOP RIGHT 11 I 7 CD 6 co Ln l E� I 5 10 4 I in W W V) W W I I Q0 w - w W W MONUMENT NOTES: 1011 MONUMENT REFERENCE AS NOTED. (SEE SHEET 4 FOR MONUMENT DESCRIPTIONS) A CONTINUOUSLY OPERATING REFERENCE STATION (CORS) AS NOTED. ■ FOUND MONUMENT, ACCEPTED AS NOTED. O 2" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL DISTINCTIVE BOUNDARY CORNERS, UNLESS OTHERWISE NOTED. 3/4" IRON PIPE TAGGED "L.S. 5346" TO BE SET AT ALL REAR LOT CORNERS, EXCEPTING LOTS 31 THROUGH 42, UNLESS OTHERWISE NOTED. 6" SPIKE AND WASHER STAMPED "L.S. 5346" TO BE SET AT THE TRUE LOCATION OF ALL FRONT LOT CORNERS, UNLESS OTHERWISE NOTED. - MATCH LINE SEE BOTTOM LEFT - N W W cn W W I 45 �o 0`ti�� l 1 44 �s i i x'4 3 �0� GEOTECHNICAL RESTRICTED USE AREA LINE TABLE N0. BEARING LENGTH L1 N44°56'15"W 23 I 1i I N52°28'05"E MM J W L3 N77`39'14"E 69.60' w o co10 iE c l 0 1=uj I i 1,LJ) 24 06 N in I J� I V B00 z I 1 I I 1 Qo 4---------- 1 1 �- _W u= Z 30' 30' I L=28.97', R=68.00' �_----W. 1 1 =- W 1 0=24°24'29" II— � — — — — -cn_ w 1 1-1 N63°46'04"E 1 1 w cW 25 I — —1 1 (RAD)P.R.C. 1 I 1 1 / B / K I I \\ \ tOF— CK W ASN uT — —CIL B�Rj STREET) (PRIVATE — ° 29 , 20, 11 -j E 589. �— N81 123.39' CD / / FsN EE DETA74Fn"R \ / � N 15 53 ' 49 ' E — / / SHEET EASEMENT DATA \ / (RAD)P.R.C. / / O � L=28.97', R=68.00' / A=24°24'29" / 12 N81°29'20"E 14.87' LOT „ A" 48 / / / G 8.864 AC (GROSS) Z / 7.812 AC (NET) / NOT A SEPARATE / BUILDING SITE L w / C:) w \. o W i N W W cn W W I 45 �o 0`ti�� l 1 44 �s i i x'4 3 �0� GEOTECHNICAL RESTRICTED USE AREA LINE TABLE N0. BEARING LENGTH L1 N44°56'15"W 71.28' L2 N52°28'05"E 186.28' L3 N77`39'14"E 69.60' SHEET 14 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 1 1)0 50 0 100 SCALE: 1"=100' TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 200 400 NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. '11� DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL DETAIL "B" NOT TO SCALE 1 �8 ,3211 21, N24 '19 1915.4j , Jvo 0 / 1,�J 1 55 DETAIL "A" - EASEMENTSCD)(�) \\o' co \ �` �1> 6-0 vy \\ \W \ W; v�cp vv�o L� 00 N co w N N d z JN 130312 LINE DATA TABLE NO. BEARING LENGTH L1 N24°07'41"E 7.10' L2 N01°26'48"E 52.96' L3 N45°42'27"E 44.31' L4 N24°07'41"E 6.52' L5 N01°26'48"E 61.98' L6 N37016'47"E 56.61' L7 N18028'44"W 60.82' L8 N83°18'01"E 9.18' L9 N28045'05"W 44.03' L10 N39011'53"E 9.11' L11 N47054'58"W 37.43' L12 N09°44'34"W 122.25' L13 N88°10'37"E 16.64' L14 N01°51'53"E 63.91' L15 N11°35'37"W 55.78' L16 N35°39'26"E 329.36' L17 N04042'14"W 151.91' L18 N69°10'46"E 71.31' L19 N53°25'06"E 108.14' L20 N43°18'25"E 87.42' L21 N19007'15"E 57.12' L22 N41°04'08"E 56.26' L23 N22°29'52"W 103.24' L24 N29°07'57"W 199.93' L25 N16°22'28"W 127.09' L26 N20°23'20"W 33.13' L27 NO2050'05"W 22.93' L28 N85°45'10"W 45.46' L29 N66°52'55"W 41.23' L30 N21°31'40"W 41.14' L31 N39°48'46"W 38.97' L32 N23°37'37"W 17.09' L33 N34°13'49"W 21.62' L34 N47°37'07"W 57.91' L35 N40°45'06"W 27.52' L36 N87°10'23"E 7.87' L37 NO2008'41"W 19.77' L38 N16°21'32"W 12.91' L39 N28°35'34"W 18.55' L40 N38000'09"W 25.75' L41 NO3°51'32"W 28.50' L42 N76°07'25"W 24.20' L43 N16°03'04"W 11.78' L44 N05°06'58"E 62.68' L45 N23°31'32"W 22.14' '11� DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL DETAIL "B" NOT TO SCALE 1 �8 ,3211 21, N24 '19 1915.4j , Jvo 0 / 1,�J 1 55 DETAIL "A" - EASEMENTSCD)(�) \\o' co \ �` �1> 6-0 vy \\ \W \ W; v�cp vv�o L� 00 N co w N N d z JN 130312 CURVE DATA TABLE N0. DELTA RADIUS LENGTH Cl 14°08'43" 600.00' 148.13' C2 09°33'38" 600.00' 100.12' C3 106°49'43" 48.00' 89.50' C4 30017'56" 48.00' 25.38' C5 21018'37" 48.00' 17.85' C6 22040'53" 42.50' 16.82' C7 05°03'41" 640.00' 56.54' C8 22°40'53" 50.00' 19.79' C9 90°49'45" 20.00' 31.71' C10 17023'53" 291.72' 88.58' C11 50°48'37" 79.84' 70.80' C12 25°48'28" 246.75' 111.14' C13 24°50'05" 174.27' 75.54' C14 38°10'24" 300.00' 199.88' C15 82004'49" 50.00' 71.63' C16 86018'44" 50.00' 75.32' C17 13°27'30" 100.00' 23.49' C18 47015'03" 100.00' 82.47' C19 40021'40" 342.50' 241.27' C20 15°45'40" 202.50' 55.70' C21 10°06'41" 252.50' 44.56' C22 24°11'10" 142.50' 60.15' '11� DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL DETAIL "B" NOT TO SCALE 1 �8 ,3211 21, N24 '19 1915.4j , Jvo 0 / 1,�J 1 55 DETAIL "A" - EASEMENTSCD)(�) \\o' co \ �` �1> 6-0 vy \\ \W \ W; v�cp vv�o L� 00 N co w N N d z JN 130312 SHEET 15 OF 15 SHEETS AREA: 79.994 ACRES GROSS NUMBERED LOTS: 48 LETTERED LOTS: 2 - RESTRICTED USE AREA\ J � \ GEOTECHNICAL \ RESTRICTED USE AREA \\ 2 2.672 AC (GROSS)_ 2.561 AC (NET)- "I NET) I p0�L �s8 1.563 C (GROSS) 1.472 AC (NET) 4 1.345 AC (GROSS) 1.253 AC (NET) 5 1.274 AC (GROSS) 1.190 AC (NET) N 0 n 6 1.406 AC (GROSS) e 1.311 AC (NET) 0 N GI �I 0 7 1.351 AC (GROSS) 1.256 AC (NET) 8 1.285 AC (GROSS) 1.189 AC (NET) TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL DETAIL "C" -EASEMENT (D i0 380 y- 129. 40 N84° 14' 52"E C 0.69 17 M (PRIN P NB40 14'52"E (RAD) TRACT NO, 51169 M.B. 1217/65-72 �- C/L CANYON ��� ) (PRISE I 130' I - MATCH LINE SEE TOP RIGHT - 10 180 SCALE: 1"=60' NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. LINE DATA TABLE NO. BEARING LENGTH L1 N70041'05"E 14.00' L2 N46008'49"W 30.55' L3 N19°18'55"W 4.32' CURVE DATA TABLE I I 30' DELTA RADIUS LENGTH Cl 78035'43" TRACT N0. 53430 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LAWRENCE L. TRUMAN, L.S. 5346 DATE OF SURVEY: SEPTEMBER, 2013 INTERNATIONAL DETAIL "C" -EASEMENT (D i0 380 y- 129. 40 N84° 14' 52"E C 0.69 17 M (PRIN P NB40 14'52"E (RAD) TRACT NO, 51169 M.B. 1217/65-72 �- C/L CANYON ��� ) (PRISE I 130' I - MATCH LINE SEE TOP RIGHT - 10 180 SCALE: 1"=60' NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. LINE DATA TABLE NO. BEARING LENGTH L1 N70041'05"E 14.00' L2 N46008'49"W 30.55' L3 N19°18'55"W 4.32' CURVE DATA TABLE NO. DELTA RADIUS LENGTH Cl 78035'43" - MATCH LINE SEE TOP RIGHT - 10 180 SCALE: 1"=60' NOTE: 1. SEE SHEET 2 FOR EASEMENT NOTES, SPECIAL NOTES, ACCESS NOTE & GENERAL NOTES. 2. SEE SHEET 3 FOR BOUNDARY CONTROL & INDEX MAP. 3. SEE SHEET 4 FOR MONUMENT DESCRIPTIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD REFERENCES AND LEGEND. LINE DATA TABLE NO. BEARING LENGTH L1 N70041'05"E 14.00' L2 N46008'49"W 30.55' L3 N19°18'55"W 4.32' MATCH LINE SEE BOTTOM LEFT � I I \ 9 I \\ 1.295 AC (GROSS) I 30 �30' \ 1.199 AC (NET) _ I I rn a' \ co \ COI co I \ N N N N 00 00 ° I o I \ Z z I \ I \\ 10 I I TRACT NO, 5] 169 \ 1.282 AC (GROSS) 1 1 . 186 AC (NET)Lu I M.B. 1217/65-72 1 ~ZI w w I � I A wOI f- N I B DI I C II 11 UI I I 1.344 AC (GROSS) 30' 30' I 1.235 AC (NET) I A B K /I I \\ \ \\ 12 II \ 2.422 AC (GROSS) I Sm! 2.367 AC (NET) I II I � / i 2�RAD� 0°42'19E (Rp,Di i JN 130312 CURVE DATA TABLE NO. DELTA RADIUS LENGTH Cl 78035'43" 44.00' 60.36' C2 41°56'11" 44.00' 32.20' C3 10°37'33" 500.00' 92.73' C4 13033'47" 500.00' 118.36' C5 85°27'29" 13.00' 19.39' C6 09001'16" 530.00' 83.45' C7 26°49'54" 88.00' 41.21' C8 14°08'43" 600.00' 148.13' C9 15029'19" 630.00'-T170. 31 MATCH LINE SEE BOTTOM LEFT � I I \ 9 I \\ 1.295 AC (GROSS) I 30 �30' \ 1.199 AC (NET) _ I I rn a' \ co \ COI co I \ N N N N 00 00 ° I o I \ Z z I \ I \\ 10 I I TRACT NO, 5] 169 \ 1.282 AC (GROSS) 1 1 . 186 AC (NET)Lu I M.B. 1217/65-72 1 ~ZI w w I � I A wOI f- N I B DI I C II 11 UI I I 1.344 AC (GROSS) 30' 30' I 1.235 AC (NET) I A B K /I I \\ \ \\ 12 II \ 2.422 AC (GROSS) I Sm! 2.367 AC (NET) I II I � / i 2�RAD� 0°42'19E (Rp,Di i JN 130312 TO: CITY CLERK FROM: /LA -4?- L 76 DATE: ADDRESS: � g y ctq v PHONE: (Optional)_(Optional) ORGANIZATION: ��� L_ lq- ti - fes. AGENDA#/SUBJECT: �'` '"�``"' — �-c�'�'"= I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: A Y /e i6 DATE: / ADDRESS: i7jj 6C ,C KY h ; l PHONE: ( ptional) (Optional) AGF_NDA#/SUBJECT: ( )l t 6 Z A,' �f��-'3 V-;� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. s1gErf 3@f:: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK DATE: 1 a PHONE: O __ i l V (Optional) AGENDA#/SUBJECT: to expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK jj�I / FROM: Vv� {-l[rC �0 DATE: 7/ 3 ADDRESS: 2 t� S �'�)y d A C�f PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/S U BJ ECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records !-pct. TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: AGENDAtUSUBJECT: l`�dZa ra r DATE: S PHONE: (Optional) + Cav <<,zti !-1 J p 0" (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK f FROM: �_ [✓ Z G�'yLr DATE: ADDRESS: PHONE: (Optional)� (Optional) ORGANIZATION: G�� ( (_' AGENDAWSUBJECT: expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. W TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK Lp-cj, onq,� AQki Leo01,- U DATE: �� 3 ORGANIZATION: AGENDA#/SUBJECT: 104' I� Jy PHONE: (Optional) (Optional) 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. } Signaiwe This document is a public record subject to disclosure under the Public Records Act. 1 lccc/// 1 1 i TO: CITY CLERK FROM: t\AI j l�` � f A 1-7- DATE: ADDRESS: ���' �� �d��, �f1 PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: ° 7 i cCe ua��"_ )% expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature �T 10 I 'o' ElmI ' p�. 1 Mrr0 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK 2z��� z� AGENDA#/SUBJECT: V/\ t �, I-PtjY)I '1""I DATE: �� I PHONE: (Optional) expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS HE CITY COUNCIL TO: CITY CLERK I f FROM: DATE: ADDRESS: �(c�t ��V ' PHONE: (Optional Y' (Optional) ORGANIZATION: /'�/� AGENDA#/SUBJECT: ).� /1 `I I P WH ('" I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: rDATE: c�n I 1 t ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: ■oLIN (Optional) (Optional) 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. ��� Signat- This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: {lf=s Idyl QL/_ DATE: J N3 ADDRESS: PHONE: (Optional) (Optional) ORGANIZATION: AGENDA# /SUBJECT: >_P-- fl/1,VV I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK AGENDA#/SUBJECT: f L DATE: s - 3- j PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. K. rss VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT PHONE: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. This document is a public record subject to disclosure under the Public Reco 111111 11111! !1 11 t, 11 1, -O: CITY CLERK -ROM:�/i DATE. � � / s ✓! \DDRESS: 4 All"Pr0l'C- 1Y/11V6i G' PHONE: . (Optional) (Optional) DRGANIZATION: 4GEN DAA=/SU BJ ECT: a exnec% to address the Council or the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Sig This document is a public record subject'to disclds/ure under the Public Records Act.