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071916 - Regular Meeting
City of Diamond Bar City Council Agenda Tuesday, July 19, 2016 5:30 p.m. Closed Session - Room CC -8 5:45 p.m. Study Session - Room CC -8 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 Jimmy Lin Mayor Mayor Pro Tem Carol Herrera Ruth M. Low Steve Tye Council Member Council Member Council Member City Manager James DeStefano • - City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If 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. DIAMOND BAR CITY COUNCIL MEETING RULES 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 ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT 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. ACCOMMODATIONS FOR THE DISABLED 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. HELPFUL PHONE NUMBERS 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 July 19, 2016 Next Resolution No. 2016-25 Next Ordinance No. 05(2016) CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Conference with Real Property Negotiators pursuant Government Code Section 54956.8 • Property: APN 8718-005 — Parcels 005, 006 — 23600 Sunset Crossing Road, Diamond Bar, CA 91765; and Parcels 007 and 008 (vacant property). Agency Negotiator: James DeStefano, City Manager, David DeBerry, City Attorney Negotiating Parties: City, YMCA and Pony League Under Negotiations: Price and Terms of Payment ► Conference with legal counsel pursuant to Government Code section 54956.9(d) — Existing Litigation City of Gardena v. Regional Water Quality Control Board Los Angeles Superior Court Case No: BS156342 Inland Oversight Committee v. City of Diamond Bar Los Angeles Superior Court Case No: BS162663 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. to JULY 19, 2016 STUDY SESSION: PAGE 2 5:45 p.m. — Room CC -8 ► Communication and Marketing Design Standards — Discussion and Action Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Sr. Pastor Tim Park, Evangelical Free Church Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Sgt. Marc Saunders with the Los Angeles County Sheriff's Department upon his Retirement. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of new employee Fabian Aoun, Assistant Engineer. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the. Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may bridy respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — July 20, 2016 — 6:30 p.m. - 8:00 p.m. — Yard Sale, (Classic Rock), Sycamore Canyon Park, 22930 Golden Springs Drive. JULY 19, 2016 PAGE 3 5.2 Movies Under the Stars - Inside Out — July 20, 2016 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Planning Commission Meeting — July 26, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Concerts in the Park — July 27, 2016 — 6:30 p.m. - 8:00 p.m. — Hot August Night, (Tribute to Neil Diamond), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the Stars — Mary Poppins — July 27, 2016 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Parks and Recreation Commission Meeting — July 28, 2016 — Windmill Community Room, 21810 Copley Drive. 5.7 City Council Meeting — August 2, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 Waive reading in full for all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes — Regular Meeting of June 21, 2016. Recommended Action: Approve. Requested by: City Clerk 6.3 Parks and Recreation Commission Minutes — Regular Meeting of May 26, 2016. Recommended Action: Receive and File. Requested by: Parks and Recreation Department 6.4 Planning Commission Minutes: (a) Regular Meeting of May 24, 2016. (b) Regular Meeting of June 14, 2016. Recommended Action: Receive and File. Requested by: Community Development Department JULY 19, 2016 PAGE 4 6.5 Ratification of Check Register Dated June 16, 2016 through July 13, 2016 totaling $2,706,263.01. Recommended Action: Ratify. Requested by: Finance Department 6.6 Treasurer's Statement — Month of May, 2016. Recommended Action: Approve. Requested by: Finance Department 6.7 Approve Expenditures with Diversified Printers, Inc. for Printing Services in the Amount of $61,800 Plus a 10% Contingency for a Total -Not -to -Exceed Amount of $67,980 for Fiscal Year 2016-2017 and Authorize City Manager to Execute Any Necessary Documents for Such Services. Recommended Action: Approve. Requested by: City Manager's Office 6.8 Appropriate $4,084 from the General Fund Reserves to the Fiscal Year 2016-2017 Capital Improvement Program Budget; Adopt Resolution 2016 -XX Approving Plans and Specifications and Establishing a Payment Account; and Award the Construction Contract for the Diamond Bar Center Restroom Lighting Project to Tamang Electric in the Amount of $26,440 and Authorize a Contingency Amount of $2,644 (10% of the Total Contract) for Contract Approval by the City Manager, for a Total Authorization Amount of $29,084. Recommended Action: Appropriate, Adopt and Award. Requested by: Public Works Department 6.9 Exoneration of Surety Bond No. 389205S in the Amount of $327,540 and Surety Bond No. 389647S in the Amount of $133,710 Posted by JCCL-South Pointe West, LLC for Tentative Tract Map 63623 to Mitigate the Landslide at the Location of the Future Larkstone Park and the Rehabilitation of Larkstone Drive. Recommended Action: Approve. Requested by: Public Works Department JULY 19, 2016 PAGE 5 6.10 Appropriate $80,000 of Traffic Improvement Funds to the Fiscal Year 2016-2017 CIP Budget; Adopt Resolution 2016 -XX Approving Plans and Specifications and Establishing a Project Payment Account; Award the Construction Contract for the Area 4 Residential and Collector Road Maintenance Project (Bounded by City Limit to the North, Calbourne Drive/City Limit to the West, Pathfinder to the South, Brea Canyon Road/SR57 Freeway to the East) to All-American Asphalt Inc. in the Amount of $1,606,000 and Authorize a Contingency Amount of $92,247 (5.74% of the Total Contract) for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $1,698,247. Recommended Action: Appropriate, Adopt and Award. Requested by: Public Works Department 6.11 Adopt Resolution No. 2016 -XX: Authorizing Participation in the National Intergovernmental Purchasing Alliance to Purchase Janitorial Supplies for City Facilities from Waxie Sanitary Supply as Distributor for the Network Services Company in the Amount Not -to - Exceed $65,000 for Fiscal Year 2016/17. Recommended Action: Adopt. Requested by: Parks and Recreation Department 6.12 Updated Program Policies for the City's Home Improvement Program. Recommended Action: Approve. Requested by: Community Development Department 6.13 Approval of Agreement with Simpson Advertising, Inc. for Specialty Graphic Design Services in a Not -to -Exceed Amount of $61,762 for FY 2016-17 with an Option for Three One -Year Renewals. Recommended Action: Award. Requested by: City Manager's Office 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. JULY 19, 2016 PAGE 6 7.1 Adopt of Resolution 2016 -XX: Assessing a Nuisance Abatement Lien/Special Assessments Against 1162 Chisolm Trail Drive. Recommended Action: Receive Staff's Report; Open the Public Hearing, Receive Public Testimony; Close the Public Hearing; and Adopt Resolution No. 2016 -XX. Requested by: Community Development Department 7.2 Adopt Resolution No. 2016 -XX: Assessing a Nuisance Abatement Lien/Special Assessment Against 21224 Fibre Court. Recommended Action: Receive Staff's Report; Open the Public Hearing, Receive Public Testimony; Close the Public Hearing; and Adopt Resolution No. 2016 -XX. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session 7/14/2016 communication and marketing design standards purpose and objective Strengthen marketing and communication efforts • cohesive identity • polished look • professional delivery • uniquely us 11 communication and marketing design standards the opportunity & catalyst Citywide Streetscape Beautification Program • creates a strong sense of place and "arrival" • contributes to a positive perception • enhances the City's image and reputation 7/14/2016 RA communication and marketing design standards brand identity package Key Identity Elements • logo • color palette • typography • use and style guide • forms and templates 7/14/2016 3 We are proud of the Diamond ear City Council Seal and respectful of its origin. Its use denotes authority, legitimacy, and, in some instances, sanction by the City. Introduction of a new City logo will restore its integrity. communication and marketing design standards The seal is the of the Diamond Bar City Council. The logo is the j nbu: of the City of Diamond Bar. communication and marketing design standards logo seal & logo example 1 A unique identifying symbol • visually pleasing • simple • memorable • meaningful • adaptable City of Walnut 7/14/2016 5 seal & logo example 2 seal & logo example 3 City of Chino Hills t -A1111 O 1-1111 S City of Chino 7/14/2016 E seal & logo example 4 seal & logo example 5 City of Brea city of BREA City of Santa Fe Springs CITY OF SANTA FE SPRINGS 7/14/2016 7 seal & logo example 6 seal & logo example 8 City of Upland City of Ontario AM C O F ONTARIO 7/14/2016 0 seal & logo example 9 seal & logo example 10 City of Rancho Cucamonga RANCHO Ct ICANIONGA City of Santa Clarita City of SANTA L CGLARITA 7/14/2016 9 City of San Diego The City of seal &logo SAN example 11 DI EGOJ A Phased Approach • logo, colors and font • Identify the various mediums for branding communication • determine a budget and marketing based on the branding design standards opportunities next steps • create a logo usage & style guide 7/14/2016 10 7/14/2016 Dear Customers, Without you, I'd be empty inside. Happy 25th anniversary. Love, - I"•"`^^.•^•^• —. uwu.© r.x.. n.eC,s.W4,� Ck..<,. o.,..� o.� ..,.E,.. The IeetallTenth Mission maim 11 7/14/2016 12 Agenda #6.1 6.1 Waive reading in full for all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. Agenda #6.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 21, 2016 CLOSED SESSION: 5:00 P.M., Room CC -8 pmn Public Comments on Closed Session Agenda — None. No. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8. Property: A Portion of Assessor's Parcel Number 8719-007-922 and Old Brea Canyon Road City Negotiator: James DeStefano, City Manager Negotiating Parties: City of Diamond Bar and City of Industry Under Negotiation: Price and Terms of Payment Recessed Closed Session: 6:20 p.m. CALL TO ORDER: Mayor Lyons called the Regular City Council Mmeeting to order at 6:33 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that tonight's Closed Session consisted of one item as listed in the agenda and the meeting concluded with no action taken by the City Council. PLEDGE OF ALLEGIANCE: Community Services Director Bob Rose led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church provided the invocation. ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Lin and Mayor Lyons. Absent: Commissioner Low was excused. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Kimberly Young, Senior Civil Engineer; Grace Lee, Senior Planner; Anthony Santos, Senior Management Analyst; Alpha Lopez, Management Analyst; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. JUNE 21, 2016 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Lyons and the City Council presented a City Tile to Bob Rose, Community Services Director, upon his retirement from the City of Diamond Bar following 24 continuous years of service to the community. 1.2 M/Lyons proclaimed July 2016 Parks and Recreation Month and presented the Proclamation to Dave Grundy, Chairman, Parks and Recreation Commission. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano said he only became aware this evening that CSD/Rose was responsible for C/Tye, which may have changed some things over the years. Not only is CSD/Rose leaving Diamond Bar after 24 years of service, as he is moving on to the next chapter, he is capping an over 40 -year professional service tenure to the public in various cities, primarily in Diamond Bar. Bob talked about being in community services and the field of parks and recreation. In the cities Bob worked in including Santa Ana, Brea and Diamond Bar, he has had an opportunity to weigh in and enrich lives of all who live and work in those communities, all of whom utilize the parks and recreation programs, facilities, open space, recreational amenities, community centers, programs offered for residents, businesses and special events. CM/DeStefano said he believed there was not a single piece of park property in Diamond Bar that Bob has not walked and literally touched and worked on in some capacity, whether it was a small rehabilitation project or the creation of several new parks in this community. Also, Bob has been the champion of a variety of Master Plans that included the Parks Master Plan, Trails, Youth, Bikeway Program, etc. Part of the legacy Bob leaves in Diamond Bar and to his profession is not only those physical improvements he has made to the community that have been enjoyed by residents for many years, but those that will be enjoyed for many years in the future. Through his role in Diamond Bar, Bob has basically been involved in hiring every park employee that is presently working with the City and many who have gone on to leadership positions in other cities. Bob has hired great people who have hired great people who have cared deeply for the community and who have worked really hard for Diamond Bar. They are all passionate professionals and that comes from the top. Everyone applauds Bob who is retiring and moving on and the City thanks him for all of his efforts. There will be a celebration for Bob later this week. As Ron Everett would say, a career well -served and well- deserved and we thank Bob very, very much. 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library Librarian, spoke about upcoming library events including a presentation on the Zika Virus: What You Need to Know on June 22 at 6:00 p.m.; a Family Fitness workshop on Saturday, June 25 at 2:00 p.m. co-sponsored by the Diamond Bar Friends of the Library; and, DJ 101 JUNE 21, 2016 PAGE 3 CITY COUNCIL workshop for teens on Tuesday, January 28 at 2:00 p.m. sponsored by the Diamond Bar Friends of the Library. For additional information and events, please check the website at www.colapublib.org Audrey Flores, summer intern for Waste Management, is a 17 year old senior at Baldwin Park High School. She is excited to be working with Waste Management and helping educate the community about recycling. Some of what is collected from residents is household hazardous waste through the "At Your Door" program which is an approved provider of the Paint Care Program which was created by paint manufacturers throughout the US as a stewardship program encouraging proper disposal of unwanted paint so that it can be recycled. Whenever Diamond Bar residents schedule a Household Hazardous Waste pickup through this program, the amount of $.35 cents to $1.60 is reimbursed to the City through the program. On behalf of Waste Management, she awarded the City of Diamond Bar a Paint Care reimbursement check for the 4'h quarter of 2015 in the amount of $810.52 for a grand total reimbursement for 2015 of $2,916.09. 3. RESPONSE TO PUBLIC COMMENTS: None 4. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — June 22, 2016 — 6:30 p.m. to 8:30 p.m. Upstream (Caribbean), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — Goosebumps — June 22, 2016 — Immediately following the Concert, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Parks and Recreation Commission Meeting — June 23, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive 5.4 Planning Commission Meeting — June 28, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Concerts in the Park — June 29, 2016 — 6:30 p.m. — 8:00 p.m. — Stone Soul (Soul), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Movies Under the Stars — Cinderella (2015) — June 29, 2016 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.7 Independence Holiday — July 4, 2016 — City Offices Closed Monday, July 4, 2016. City Offices reopen Tuesday, July 5, 2016 at 7:30 a.m. 5.8 4th of July Blast — July 4, 2016 — 5:00 p.m. to 9:00 p.m. — Diamond Bar High School, 21400 Pathfinder Road. Cold Duck will perform. JUNE 21, 2016 PAGE 4 CITY COUNCIL 5.9 City Council Meeting — July 5, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. (Canceled in accordance with approved Consent Calendar Item 6.6) 5.10 Planning Commission Meeting — July 12, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 Concerts in the Park — July 13, 2016 — 6:30 p.m. to 8:00 p.m. — Saved by the Band (90's Pop/Rock) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.12 Movies Under the Stars — July 13, 2016 — Hotel Transylvania 2 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.13 Traffic and Transportation Commission — July 14, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.14 City Council Meeting — July 19, 2016 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Lin moved, C/Herrera seconded, to approve the Consent Calendar with the exception of Items 6.8 and 6.13 pulled by M/Lyons; and, MPT/Lin abstaining from consideration of Item 6.4, two checks payable to KOA Corporation Check No. 116661 for $1,550 and Check No. 116754 for $2,095, because he is President of the corporation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Study Session of June 7, 2016 — as presented. 6.2.2 Regular Meeting of June 7, 2016 — as presented. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES for the Regular Meeting of May 12, 2016. 6.4 RATIFIED CHECK REGISTER — Dated June 2, 2016 through June 15, 2016 totaling $1,633,765.77. JUNE 21, 2016 PAGE 5 CITY COUNCIL 6.5 APPROVED TWO-YEAR AGREEMENT (FY2016-18) WITH ONLINE TRANSCRIPTION SERVICES IN THE AMOUNT NOT -TO -EXCEED $25,000 PER YEAR TO PROVIDE MINUTE SECRETARIAL SERVICES FOR THE CITY COUNCIL, COMMISSION AND COMMITTEES. 6.6 APPROVED ADJOURNING THE CITY COUNCIL MEETING OF JULY 5, 2016 TO JULY 19, 2016. 6.7 APPROVED ONE YEAR CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES IN THE AMOUNT OF $20,284 FOR FY 2016-17. 6.9 APPROVED SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH SYTECH SOLUTIONS, INC. EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2017 AT A COST OF $60,000 FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $200,000. 6.10 (a) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO ONWARD ENGINEERING FOR THE DIAMOND BAR BOULEVARD AND BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT, CITY PROJECT NO. 26315, IN THE AMOUNT OF $71,600, PLUS A CONTINGENCY AMOUNT OF $7,100 FOR A TOTAL AUTHORIZATION OF $78,700. (b) ADOPTED RESOLUTION NO. 2016-21: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT AND AWARD OF CONTRACT FOR THE CONSTRUCTION OF DIAMOND BAR BOULEVARD/BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT TO BEADOR CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $436,700; PLUS A CONTINGENCY AMOUNT OF $43,670 FOR A TOTAL AUTHORIZATION OF $480,370. (c) APPROVED INFRASTRUCTURE AND PAYMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC. FOR THE CONSTRUCTION OF DIAMOND BAR BOULEVARD/BREA CANYON ROAD INTERSECTION EHANCEMENT PROJECT. 6.11 APPROVED FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT AUTHORIZING SJC3 FOR CONSULTING INC. TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FOR AN AMOUNT NOT -TO -EXCEED $20,000 FOR FY 2016-17. JUNE 21, 2016 PAGE 6 CITY COUNCIL 6.12 APPROPRIATED $12,000 OF PROP C FUND RESERVES TO THE FY 2015-16 CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROVED CONTRACT AMENDMENT NO. 2 TO THE CONSTRUCTION AGREEMENT WITH ALL AMERICAN ASPHALT INCREASING THE TOTAL CONTRACT AMOUNT TO $2,369,900 AND APPROVED THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE GRAND AVENUE BEAUTIFICATION PROJECT, FEDERAL PROJECT #HPLUL-545(016). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 APPROVED FIRST AMENDMENT TO THE CONTRACT WITH R.F. DICKSON COMPANY, INC., TO PROVIDE STREET SWEEPING SERVICES AND NEW COMPOSTING PROGRAM FOR A NOT -TO - EXCEED AMOUNT OF $190,000. M/Lyons said it was interesting to see that the City would be beginning a composting program and asked for additional information on this item in order to consider whether or not to approve the item. PWD/Liu stated that with the passage of AB939 the State established a mandate that all local jurisdictions must begin looking at diverting their solid waste. The goal for the current diversion rate is 50 percent. Going forward, State of California requirements will mandate a 75 percent diversion goal. The composting program was in effect for 10 years with the current service provider R.F. Dickson and during that time learned that due to different ways of transporting, landfill costs, etc. that the cost - benefit of the program was relatively low and staff determined that while waiting to understand what will happen with the franchise agreements going forward. Ten years ago the franchise agreements were entered into with the two current solid waste service providers Waste Management and Valley Vista Services. As a result of the agreements, the City began collecting street sweeping fees that result from Waste Management. Staff looked at a multitude of options for source reduction for recycling and repurposing. In 2011 the City went through an RFP process for street sweeping services only. At that time the City purposely did not include the composting program because in order to compare apples to apples the City wanted to make sure the responders were interested in providing street sweeping services. In speaking with other jurisdictions, staff discovered that they began looking at combining street sweeping services with solid waste and composting. In 2011, through the RFP process, Dickson decided that they wanted to remain competitive and provided a very competitive rate of $11.85. Prior to 2011 their rate was almost $14. With Waste Management the diversion rate would be only about 44-45 percent. Citywide, Diamond Bar is over the 50 percent goal. With JUNE 21, 2016 PAGE 7 CITY COUNCIL Dickson, the City had the provision to extend the contract up to five years and knowing that within the next year other opportunities will be reviewed with Valley Vista and Waste Management staff felt that it would be preferable to continue working with Dickson on the composting program to take advantage of additional diversion points of up to 3 points which is significant because it gets the City closer to the 50 percent diversion rate. Within the next month, through negotiations with both waste haulers there will be an opportunity to consider bundling services as part of the overall solid waste contracts. CM/DeStefano stated that in lieu of taking this material to the landfill in the City of Industry, staff wants to take the more organic waste to a composting facility that is located in Anaheim where it would be recycled which costs more because it is difficult material to process and handle and the transportation costs are greater. However, the reward for the City is higher because of the environmental benefits as well as those the City receives locally. The cost for this is an additional $54,000, which is paid by waste hauler fees that are already being collected (AB939 fees in the budget). This will allow the City to try something different because it benefits the City and, while it creates a larger contract with this provider, it is a cost that is not directly borne by the City through its General Fund but is paid for by waste hauler fees that are already being collected. 6.13 APPROVED A TWO-YEAR AGREEMENT WITH INLAND VALLEY HUMANE SOCIETY -SPCA (IVHS) TO PROVIDE ANIMAL CARE AND CONTROL SERVICES STARTING JULY 1, 2016, THROUGH JUNE 30, 2018, IN THE AMOUNT OF $160,000 ANNUALLY, PLUS A CPI NOT -TO - EXCEED 5% COMMENCING FY 2017-18. M/Lyons asked for more information regarding the reason for the increase in fees. SMA/Santos stated that animal control is an essential component of the City's Public Safety services. IVHS provides cost-effective professional and responsive service. Their facility is located about a mile outside of the City's boundaries in Pomona which provides accessibility to residents. IVHS provided the City with a very cost-effective restructure going back to 2008-09 and prior to that IVHS provided services at the cost of approximately $120,000 a year. Those costs have increased by CPI over time. However, during the recessionary period IVHS kept their rates artificially low because they understood the issues municipalities were dealing with. Recently, IVHS approached all contract cities whose contracts were up for renegotiation to talk about the true costs for services which for Diamond Bar for the upcoming Fiscal Year 2016-17 is $352,000 from which the revenue will be deducted at a guarantee of not -to -exceed cost of $160,000 annually. While $160,000 is higher it is the true cost of providing services in Diamond Bar. JUNE 21, 2016 PAGE 8 CITY COUNCIL M/Lyons moved, C/Herrera seconded, to approve Consent Calendar Items 6.8 and 6.13. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tye, MPT/Lin, M/Lyons None Low 7. PUBLIC HEARINGS: None 7.1 LIGHTING AND LANDSCAPE DISTRICTS 38, 39 AND 41. a) ADOPT RESOLUTION NO. 2016-22: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2016-17. b) ADOOPT RESOLUTION NO. 2016-23: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2016-17. c) ADOPT RESOLUTION NO. 2016-24: LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL YEAR 2016-17. CM/DeStefano stated that this is a Public Hearing matter and staff recommends that the City Council conduct one Public Hearing for all three items and take separate votes for each of the three districts. PWD/Liu stated that for District No. 38, the proposed levy rate of $15 per parcel remains the same as the rate applied at the date of Diamond Bar's incorporation in 1989. For Fiscal Year 2016-17 the District would generate $269,025 in assessment revenue. The total annual budget for District No. 38 is $386,278 and as a result, $117,253 of the City's General Fund will subsidize the operation and maintenance costs for this citywide district. Landscape improvements for District 38 include the parkways and the medians throughout the city. The total maintenance area is slightly more than 10 acres and the estimated number of parcels within the district is 17,935. Staff recommends that the assessment amount of $15 for each accessible lot within this district be confirmed by adopting the Resolution levying an assessment for FY 2016-17. For District No. 39, the proposed levy rate of $236 per parcel remains the same as the rate applied at the date of formation of the District prior to Diamond Bar's incorporation. For Fiscal Year 2016-17 the District would generate a total of $295,236 in assessment revenue. The total annual budget for District No. 39 is $295,236 and as a result there are sufficient funds for maintenance and continue with improvements within this district. JUNE 21, 2016 PAGE 9 CITY COUNCIL At the end of the next fiscal year there will be a fund balance of $30,000 in this District which indicates improvement. The landscape improvements to be maintained by District No. 39 are the mini parks, slopes and open space areas with a total maintenance area of slightly more than 60 acres. The estimated number of parcels within District No. 39 is 1,251. Staff recommends that the City Council adopt the Resolution levying an assessment for $236 for each accessible lot for FY 2016-17. For District No. 41, the levy rate of $220.50 per parcel remains the same as the rate applied at the date of Diamond Bar's incorporation. For Fiscal Year 2016-17, the District would generate $122,157 in assessment revenue. The total annual budget for District No. 41 is $209,170, and as a result, money will be taken from the General Fund ($82,013) and Proposition A "Safe Parks Act" ($5,000) to subsidize the operations and maintenance costs. Landscape improvements to be maintained by District No. 41 are mostly the slopes and open space areas for a total maintained area of almost 16 acres. The estimated number of parcels within the District is 554 parcels. Staff recommends that the assessment amount of $220.50 for each accessible lot within District No. 41 be confirmed and that the Resolution levying the assessment for FY 2016-17 be adopted by the City Council M/Lyons opened the Public Hearing at 7:28 p.m. With no one present who wished to speak on this matter, M/Lyons closed the Public Hearing at 7:29 p.m. C/Herrera moved, C/Tye seconded to Adopt Resolution No. 2016-22 for Assessment District No. 38. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low C/Herrera moved, C/Tye seconded to Adopt Resolution No. 2016-23 for Assessment District No. 39. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: MPT/Lin* ABSENT: COUNCIL MEMBERS: Low *MPT/Lin disclosed that he lives within 500 feet of the boundary of District No. 39 and was advised by the City Attorney that he should abstain from voting on this item. JUNE 21, 2016 PAGE 10 CITY COUNCIL C/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2016-24 for Assessment District No. 41. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low 8. COUNCIL CONSIDERATION: 8.1 AWARD OF CONSULTING SERVICES AGREEMENT WITH DYETT & BHATIA TO PREPARE THE CITY'S COMPREHENSIVE GENERAL PLAN UPDATE FOR A NOT -TO -EXCEED AMOUNT OF $1,009,303. CM/DeStefano stated that in the mid 90's Diamond Bar embarked upon the journey to develop the General Plan. After some struggle with new leadership and a newly incorporated city the General Plan was adopted in July 1995. Some 21 years later, the City, through its past and present leadership has accomplished at least 90 percent or more of all of its goals, objectives, policies and strategies that were called out in that 1995 General Plan. It is very appropriate for the City Council to look forward at this time and to consider approval of a contract for a comprehensive General Plan update. The City Council began setting aside resources for this effort a few years ago and added additional resources in the recently adopted budget. Staff has sought proposals and are ready to recommend an award of contract to the City Council this evening. A contract would normally be a somewhat typical business statement by the City Council and typically found on the Consent Calendar. However, this is one of the largest consulting service contracts that the City has issued in its history and it is very important. He asked CDD/Gubman to provide the City Council with background about why it is important to move forward with this Comprehensive General Plan Update and the consulting company being recommended for award tonight. CDD/Gubman stated that tonight staff is recommending that the City Council approve a Consulting Services Agreement with the planning firm Dyett and Bhatia to prepare Diamond Bar's Comprehensive General Plan Update. Because of the significance and the long term nature of this undertaking, there are a number of topics that will be covered in this presentation. He provided an overview of the consultant selection process, a summary of the entire project scope, an introduction to the proposed consulting team whose contract is being recommended for Council approval, and concluded by outlining the proposed Community Outreach Program and introducing the project manager for this undertaking. JUNE 21, 2016 PAGE 11 CITY COUNCIL CDD/Gubman further stated that the typical definitions of what a General Plan is are as follows. First, State law requires every city and county to have a General Plan whose purpose is to guide long term growth so that it occurs in an orderly manner. The General Plan must be a comprehensive, long-range, internally consistent statement of policies to be used to guide public decision-making on a variety of matters including land development, capital improvements and resource conservation. Some descriptions liken the General Plan to a community's "blueprint" to guide future planning decisions or, as the "city's constitution." The General Plan must be updated from time to time in order to maintain its relevance. Although no timeframe is set for updating a General Plan other than a mandatory cycle for updating the Housing Element, a 20 -year cycle is the typical rule -of -thumb. Because the City's first General Plan was adopted in 1995 the City has reached the appropriate time to revisit the guiding vision and policy statements expressed in the General Plan document. At the same time, there are new mandates that need to be addressed as part of the update process. Before proposing a General Plan budget or releasing an RFP, staff surveyed numerous California cities to identify the range and costs and timeframes to complete a General Plan Update and found that the costs range between $800,000 and $1.1 million and the timeframes range between two and one-half to three years. After completing the survey, staff sent an RFP to nine firms that staff believed are the most reputable in the state. Staff received proposals from two firms, Dyett & Bhatia and Moore, lacofano and Goltsman (MIG). The proposed budgets came in at $877,654 and $971,803 respectively with timeframes nearly matching staff's earlier survey results. Because staff was asking that a 15 percent contingency be added to the Consulting Services Agreement, the total for each firm would have amounted to $1,009,303 for Dyett & Bhatia and $1,117,573 for MIG. On March 31 a panel comprised of Community Development, Public Works, Community Services and Public Information staff interviewed both firms and the consensus was that Dyett & Bhatia was the best fit for Diamond Bar based on the combined factors of their proposed budget, a very detailed proposal tailored to Diamond Bar's unique attributes, and an overall approach that staff believed would engage the community and be an excellent project manager and team. Dyett & Bhatia has been operating for the past 38 years. D&B is a relatively small firm with 22 employees and a sole office in San Francisco. The firm focuses on planning, urban design and outreach. Within the last five years, Dyett & Bhatia has won 12 awards from the American Planning Association. D&B has prepared General Plans for more than 60 cities and JUNE 21, 2016 PAGE 12 CITY COUNCIL counties across the state including more than 20 communities in the past 10 years. The firm is currently leading eight Comprehensive General Plan Updates throughout the state, primarily in the Bay area and Central Valley as well as, having recently completed a General Plan update in Carlsbad and is currently preparing the General Plan for the City of Redlands. Dyett & Bhatia also has an excellent reputation in preparing zoning regulations. Current and recent clients for zoning regulations in southern California include Burbank, Beverly Hills, Los Angeles County, Orange County and San Gabriel. Their client list includes Portland, Oregon and Honolulu, Hawaii. Sophie Martin, AICP, will serve as Project Manager. Ms. Martin is a partner and principal in charge with the firm. Having a firm principal managing the project would be a significant benefit to Diamond Bar. Ms. Martin and her in-house staff will contribute approximately 3,000 of the 5,600 consultant hours estimated to complete this project. D&B will lead all aspects of the preparation of the General Plan Update and EIR including preparation and background reports, development of alternatives, preparation of the General Plan, community outreach, preparation of meeting summaries and notices and overall project management. In order to deliver all work products comprising the project, Dyett & Bhatia will manage five sub -consultants with expertise in various disciplines. PCR Services of Irvine will provide technical consulting for the General Plan Update and EIR. Biological Services Director Steve Nelson will lead the PCR team in liase directly with D&B. As many are aware, Mr. Nelson was a long-time Diamond Bar resident and was the City's longest serving Planning Commissioner (13 '/ years). Steve brings substantial familiarity with Diamond Bar and its planning issues. Arellano Associates in Chino Hills will formulate the public outreach and communications strategy. Yesenia Arias will serve as the Project Manager for the public outreach tasks. Ms. Arias is a Diamond Bar resident. Fehr & Peers of Anaheim and Los Angeles will prepare the transportation and mobility analyses for the Circulation Element and EIR. Fehr & Peers is also one of Diamond Bar's two on-call transportation engineering consultants and has already performed a variety of special studies for the City. Pro Forma Advisors of Redondo Beach will provide market economic analysis and fiscal impact analyses to support assessment of land use alternatives and development of the General Plan. Staff has previously worked with Pro Forma partner Lance Harris on the Market Opportunities Analysis for the Honda property when he was Associate Director of JUNE 21, 2016 PAGE 1.3 CITY COUNCIL Economics at Aecom Technology Corporation. TKE Engineering in Riverside will evaluate the current and future needs for major water, sewer and storm drain infrastructures citywide to support land use alternatives and will provide planning level cost estimates to assist in the economic and fiscal impact analysis. Urban Field Studio, San Francisco, will provide urban design services with an emphasis on strategy and design, conceptual architecture, visual communication with the public and education about the role of urban design. Urban Field Studio will create three dimensional modeling of proto-typical development projects on major opportunity sites and contribute to the preparation of the proposed Community Character and Place -Making Element. Scope of Work: The proposed work plan consists of three phases, eight tasks and about 50 sub -tasks with a timeframe of about two years, eight months. Phase 1: Visioning, Outreach and Issue Identification is the scoping process where public outreach tools are used to gather the information to gain the initial policy direction. Phase 1 will also include the formation of the citizens General Plan Advisory Committee (GPAC). Phase 1 is anticipated to take six months to complete. Phase 2: Options and Strategies — three plans will be formulated to illustrate alternative land use and circulation plans for the City, focused around opportunity sites identified during Phase 1. The financial feasibility, infrastructure and other implications of these alternatives will be tested and the findings will be presented to the GPAC, community workshop and during the joint Planning Commission and City Council Study Session. The preferred land use plan will be refined and serve as the basis for the draft General Plan. Working through Phase 2 is anticipated to take about 10 months. Phase 3: Draft General Plan and EIR will be written, circulated and refined and the team will embark on the final series of GPAC meetings, community workshops and adoption hearings. This will be the longest overall phase and is anticipated to take about 16 months to complete. Phase 4: Future Option - Comprehensive Update of the Zoning Code in order to implement the new General Plan's Land Use Element. That project will be about a nine month effort. The Zoning Ordinance update is not part of this contract recommendation. Staff will revisit this issue closer to the conclusion of the General Plan Update process. JUNE 21, 2016 PAGE 14 CITY COUNCIL COMMUNITY OUTREACH: The GPAC will be a representative group of community members selected by the City Council. Staff and the consulting team will establish an ongoing review and check -ins with the GPAC working through technical and political issues with the objective of insuring some higher level buy -in before presenting work products to the Planning Commission and City Council. Meetings will be held on a regular basis throughout the planning process. The community outreach program will use eight (8) different venues to engage the public throughout the General Plan process starting with stakeholder interviews where representatives of public agencies, community members, major property owners, business associations, cultural groups, Planning Commissioners, City Council Members and others will be interviewed. The objective is to identify important issues and characteristics of the community upfront early in the process. The consultant team will build an interactive website which will serve as the primary web portal for the General Plan. It is anticipated that there will be about nine (9) GPAC meetings throughout the process and four community workshops to solicit community feedback at key stages. In addition, there will be a scoping meeting prior to the preparation of the EIR. In addition to the more structured workshop formats, the team will go out into the community and set up booths at events such as Concerts in the Park, Winter Snowfest, City Birthday and other community events which will be known as "Go to Them" meetings. Four (4) newsletters will be published at key stages throughout the process to keep the community engaged and informed and up to four (4) press releases will be prepared in order to give the media an opportunity to publicize the City's efforts. Throughout the process and generally after a GPAC meeting has taken place it is anticipated that there will be a total of 13 Planning Commission and City Council Meetings which would include at least four adoption hearings. The Elements (chapters) of the General Plan are as listed below. State law requires seven mandatory topics to be included in every General Plan which are No. Land Use ► Circulation ► Housing ► Open Space ► Conservation ► Noise and Safety JUNE 21, 2016 PAGE 15 CITY COUNCIL These topics are covered in five of the current General Plan's six elements. The 6th, Public Services and Facilities is an optional Element that the City elected to incorporate in 1995. Staff proposes to update the current Elements into the new General Plan while adding additional optional topics of ► Economic Development ► Community Character and Placemaking ► Health and Sustainability Additional topics to be addressed in the new General Plan which were not required in 1995 include ► Climate Action Plan ► Complete Streets Plan CDD/Gubman concluded his presentation by introducing Sophie Martin, Project Manager who introduced herself to the City Council. Sophie Martin, Dyett & Bhatia Urban and Regional Planners, San Francisco, provided the City Council with background information on her firm and the firm's perspective on an effort such as this proposed undertaking. Dyett & Bhatia has been operating for almost 40 years providing planning services to jurisdictions throughout California and in some cases, outside of California. Nearly all of the firm's clients are public sector and their work is really informed by public interest and each of their projects aims to express the public interest for that individual community. Dyett & Bhatia is here to listen to the Council and community and to make sure that the plan that is put in place to guide the community over the next several decades reflects the unique interest of Diamond Bar. Dyett & Bhatia specializes in preparing General Plan, Specific Plans, Urban Design, Zoning Ordinances, Environmental Impact Reports and similar documents while General Plans are the firm's specialty. Dyett & Bhatia realizes that this document represents more than just colors on the Land Use Map — it is, in fact, a document that expresses a community's vision for how it wants to grow, develop, change and enhance itself over a 20 - year period. And that really needs to be rooted in what the community's vision is for itself over that time period. Dyett & Bhatia looks forward to working with the City Council to hear its vision and priorities and with the community at large to make sure that Dyett & Bhatia can help the City craft a policy document that will achieve the City's objectives for all of the topics previously outlined by CDD/Gubman that contribute to maintaining and enhancing quality of life over time. C/Herrera asked CDD/Gubman why staff received only two RFP responses from the nine sent out. JUNE 21, 2016 PAGE 16 CITY COUNCIL CDD/Gubman responded that perhaps they saw Dyett & Bhatia on the list and did not bother trying. He said he received a couple of replies thanking him for the RFP but declining due to their current project caseloads stating they did not believe they would be able to deliver a work product that was up to their standards. He understood that one firm, because it has clients in nearby cities, elected to not submit a proposal out of conflict of interest concerns. C/Herrera asked for further explanation of the four (4) Adoption Hearings CDD/Gubman explained that it is staff's best -guess based on usually requiring two Planning Commission meetings to get through to the point of making a recommendation to the City Council and similarly, two City Council Meetings where usually the first adoption meeting generates questions that give staff and the consultants homework and then return to a future Council meeting for further consideration. C/Herrera asked if the City Council would be asked to provide a first adoption and a final adoption. CDD/Gubman responded by advising that the adoption will be by Resolution. There will be a single action by the City Council to adopt the General Plan and certify the EIR. C/Tye said that tonight on the Consent Calendar the Council approved a Check Register in excess of $1.6 million for operation of the City. And here, he did not remember where the City would have spent a million dollars on one item. When he looks at the total items and the number of firms included for a total of 5600 hours, is it really necessary to do everything involved? Is there a way to do this less expensively? CDD/Gubman said the answer would be "yes." The scope of work that staff defined in the RFP included a number of tasks which the respondents addressed in their proposals. The scope of work was based on a survey of a number of cities that staff considers to be Diamond Bar peers in terms of the quality of life and the demands and expectations of the community. Because the City is in a financial situation where it has the ability to produce a state-of-the-art document that will stand the test of time for 20 years, allow for full evaluation of infrastructure needs, repurposing of some. of the City's aging or under-utilized land inventory, staff believes that to really deliver a product that serves Diamond Bar as the community it is and is expected to be, that is the Scope of Work and the bottom line that staff reached. C/Tye asked if he understood correctly that state law requires seven (7) Elements in a General Plan. JUNE 21, 2016 PAGE 17 CITY COUNCIL CDD/Gubman explained that there are seven (7) topics that can be consolidated into fewer Elements. C/Tye asked if state law requires it while providing no funding CDD/Gubman responded that C/Tye was correct. MPT/Lin said he trusted CDD/Gubman's professional recommendation. He asked Ms. Martin to share with him how many years she has running a project of this magnitude. Ms. Martin responded that she has been with Dyett & Bhatia for approximately eight (8) years. Prior to that she worked for a different consulting firm that focused on real estate economics and since she has been at Dyett & Bhatia she has completed and/or has nearing completion about six (6) General Plans throughout California — the Bay area, Central Valley and southern California. In addition, she has worked on a number of Specific Plans, Zoning Ordinance Updates, EIR's that accompany each, and she has managed a team of sub -consultants of this size and larger. She prides herself on her project management skills and her ability to juggle all of the different components of a project as complex as a General Plan. She calls herself a "professional generalist" meaning she must have knowledge of a whole range of topics in order to understand how they all fit together and to be able to communicate what that all means in a clear, concise and engaging fashion to people who are not experts in any of those topics. General Plans are incredibly complex and part of the reason for the depth and breadth of the scope of work and the cost involved is that it really is a document that touches all aspects of a city's physical grown and development over time. She believes that she can bring those skills to bear in this instance and she looks forward to the opportunity. MPT/Lin asked if Ms. Martin was committed to come to Diamond Bar throughout the course of the project even though she resides in the Bay area and will attend every meeting required of her. She responded that as Project Manager, she would be present at every meeting, especially those in front of the City Council and those in which the community is involved. MPT/Lin asked CDD/Gubman if the Scope of Work document was prepared by the City or the winning consultant. CDD/Gubman responded that the Scope of Work was prepared by the consultant but if you read their proposal it includes cross-references to each Scope of Work item prescribed in the City's RFP so it is their interpretation/response/approach to fulfilling those line items in the City's RFP's Scope of Work. To MPT/Lin's question about whether the contract would include both the RFP and consultants response to the Scope of Work, CDD/Gubman JUNE 21, 2016 PAGE 18 CITY COUNCIL stated that staff reviewed the Dyett & Bhatia proposal and found that it addressed every item in staff's RFP so the proposal that is included in the Council packet is the Scope of Work that is referenced in the contract document. MPT/Lin said that it was difficult to read the fee proposal and asked if the contract would be a lump sum contract or cost-plus, maximum not -to - exceed contract or some other type of contract. CDD/Gubman responded that it is a not -to -exceed contract that will be invoiced monthly based on percentage of each task completed at the end of a given timeframe. There is a 15 percent contingency to cover any unexpected tasks. For example, through the public outreach process, something that was not anticipated gained some traction and it is requested that that additional work product be added to the Scope of Work. Staff tries to anticipate everything in its RFP but in the event that something unforeseen generates significant interest staff has asked for that 15 percent cushion to be added to the contract amount. MPT/Lin said that if a particular task is budgeted for $50,000 and the City spends $30,000 to complete the task, the City will be charged for only $30,000 instead of $50,000. CDD/Gubman said that MPT/Lin was correct. When the City is invoiced the consultant would need to account for every billable hour for which they are charging the City. M/Lyons asked CDD/Gubman whether or not staff checked references for the consulting group. CDD/Gubman reiterated that staff checked numerous references through the initial fee surreys and checking references provided in the proposal. This firm has just received glowing reviews from current and past clients in terms of their responsiveness, their ability to stay on budget and in terms of their success in engaging the public through the process. Staff was very encouraged by the accolades that have been directed to Dyett & Bhatia. M/Lyons also felt it was big amount of money and Council wants to be very careful with the community's money. How does the City ensure that it gets a good product at the end and not end up with a product that has a lot of recommendations that will not be feasible to complete. For example, if people on the GPAC want to see a "Fashion Island" created at the K- mart site. How does Diamond Bar make sure it gets a good product at the end of this process? JUNE 21, 2016 PAGE 19 CITY COUNCIL CDD/Gubman reiterated that the GPAC will be making recommendations to the City Council and the final decision is with the City Council. The Scope of Work includes economic and fiscal analysis for any land use alternative or land use designation or overlay that might be proposed. Also, the economic consultant will be working in coordination with the infrastructure consultant so staff will be able to provide the City Council with options that are 'reasonable and feasible." If they are not, but that is what the GPAC wants to recommend, staff will present the City Council with a fully vetted and impartial evaluation of what kind of fiscal impact a "wish list" item will have on the City that would ultimately be an unrealistic goal to include in the General Plan. MPT/Lin reminded CDD/Gubman that when the GPAC is being organized the group should not be very big and that at least one Council Member should be included in the group. CDD/Gubman responded that the reminder was "so noted" and that would be one of the first tasks. CM/DeStefano stated that it is the City Council that will be appointing the members to the General Plan Advisory Committee. The question was asked of CDD/Gubman in a prior meeting as to about how many he thought might be appropriate to constitute such a committee, and at that time, staff was recommending that each Council Member appoint three members of the community (residents, property owners, business owners, or whatever criteria the Council deems appropriate) so that the GPAC is comprised of 15 members which is a solid number to gain sufficient interest within the community. Again, these should be members that each Council Member feels very comfortable with, similar to those that Council Members would wish to appoint to the Planning, Parks and Traffic Commissions. As previously stated, it may be of interest to have a Council Member or Commissioner on such a citizen -based committee but it is not likely the best way that staff will recommend the Council go forward. Various parts of the General Plan will end up being reviewed by the Traffic and Transportation Commission and the Parks and Recreation Commission. The entire document will be reviewed by the Planning Commission and the entire document will be reviewed and ultimately approved by the City Council. In fact, the City Council should maintain its distance and seek input of those 15 that the Council have appointed as GPAC Members with respect to the suggestions, advice and opinions of the Commissioners and finally the Council Members judgement. The City Council are the policy makers and Council Members will be looking forward five, ten, twenty years from now as to what they envision the community to be and how they intend to get there. It is the totality of the project as it builds toward the City Council in the decisions that Council Members will be asked to make a couple of years from now. JUNE 21, 2016 PAGE 20 CITY COUNCIL C/Herrera moved, MPT/Lin seconded, to award a Consulting Services Agreement with Dyett & Bhatia to prepare the City's Comprehensive General Plan Update for a Not -to -Exceed amount of $1,009,303. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Herrera, Tye, MPT/Lin, M/Lyons None Low 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera attended a joint meeting of the San Bernardino Association of Governments (SANBAG) and the San Gabriel Valley COG on June 13 at Kellogg West CalPoly which was an information -sharing session. No votes were taken. The informational items included the Inter -County Transit and Rail Connectivity Study to the Ontario Airport. There was a great deal of conversation about who would build it and who would pay for it. At this time, it is merely conversation. Also discussed was the future of express lanes in San Bernardino County which are planned from Pomona into San Bernardino County. Also discussed was the LA Metro R-2 that will be on the ballot this November. All of the projects that the San Gabriel Valley hopes to get funded and included, including the SR57/60 which is scheduled in for $205 million if the measure passes in November, will be great for this region to finally fix the SR57/60 Interchange to stop all of the weaving and daily accidents. Also discussed was the matter of Storm Water Permit and how outrageously expensive it is for the different cities to fix and correct. Diamond Bar alone is liable for $6 million worth of fixes and corrections. For other cities, the price tag is even higher. The City of Industry has the highest liability which is about $460 million. Everyone feels it is unreasonable and the recommendation was that City Council Members become more knowledgeable about and aware of these issues, and when the time comes, contact their legislators to opt for reform in the legislation. Many attended the meeting and it was a very good exchange. Congratulations, thank you and good luck to Bob Rose. She remembers when she was first elected to the City Council in 1995 and the City of Brea was taking care of Diamond Bar's recreation services. After a year or so the City considered bringing it in house and trying to decide whether it could afford to pay all of the associated expenses or could it at least be a wash and not a drain on the City's economy. Bob Rose said yes, he could do it and he has done it and been very successful with all of the programs, which is one reason people love Diamond Bar. There are others in City Hall who work very hard but people are not usually cheering and jumping up and down over PWD/Liu's roadways or FD/Honeywell's budgets and fiscal prudence, they cheer about what they can see and feel which are the programs and parks. Thank you to Bob for that and for helping make Diamond Bar popular. She wished him the best in his retirement. JUNE 21, 2016 PAGE 21 CITY COUNCIL C/Tye said he is sure that PWD/Liu and FD/Honeywell have pulled their hair out to fund Bob's programs. Congratulations to Bob for 24 years with Diamond Bar and 40 plus years in parks and recreation. C/Tye cannot fathom the thousands and thousands of lives that CSD/Rose has touched and impacted through different programs he has been a part of. Congratulations on a career well done. The theme is "parks make life better" and for 24 years in Diamond Bar CSD/Rose has made life better. Thank you to Bob for all of his efforts on behalf of the City. Last week Concerts in the Park got underway. It was a great time and probably one of the best well -attended first Concerts in the Park that he has witnessed in a long time. He hoped that residents would plan to join in the festivities tomorrow evening. He wished his lovely bride Patricia a Happy 40th Anniversary. MPT/Lin congratulated CSD/Rose on his retirement and said he was envious. Congratulations and good luck to CSD/Rose. Last Wednesday he represented the Mayor and gave a kickoff speech at the Concerts in the Park which was an overwhelming experience for him. Following his speech C/Tye jumped onto the stage to announce it was MPT/tin's birthday and everyone sang Happy Birthday to him. It was an experience he will never forget. M/Lyons thanked MPT/Lin for filling in for her. She wished CSD/Rose the best for him and his family going forward. She is sure that his golf handicap will be lowered. Residents of Diamond Bar continue to get excellent support from law enforcement staff. And to that end, Captain Scroggin just received the highest rating from the Association of the Los Angeles County Department of Deputy Sheriffs. Diamond Bar is very fortunate to have Captain Scroggin as its captain. He is an outstanding manager and leader and the Walnut/Diamond Bar Sheriff's Station personnel greatly respect him, as does City staff and the City Council. When you see Captain Scroggin tell him you're happy he is here in Diamond Bar. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:24 pm to July 19, 2016 in honor of longtime residents William and Shirley White who just celebrated their 60th Wedding Anniversary! TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2016. NANCY LYONS, MAYOR Agenda #6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 MAY 26, 2016 CALL TO ORDER: Chair/Grundy called the Parks and Recreation Commission meeting to order at 7:02 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Sulakhe led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Kim Hsieh, Benny Liang, Vice Chair Manisha Sulakhe and Chair Dave Grundy Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Andee Tarazon, Community Services Coordinator; and Debbie Gonzales, Administrative Coordinator. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by CSD/Rose 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the April 28, 2016 Regular Meeting. C/Herndon moved, C/Liang seconded, to approve the Minutes of the April 28, 2016 regular meeting as presented.. 'Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: meeting at 8:00 p.m. 2. INFORMATIONAL ITEMS: Herndon, Liang, VC/Sulakhe, Chair Grundy None Commissioner Hsieh left the 2.1 Recreation Program Update — RS/Murphey. . 2.1.1 PowerPoint Presentation —Concerts in the Park— CSC/Tarazon MAY 26, 2016 PAGE 2 P&R COMMISSION C/Herndon asked if the City broadcasts were available on dish and CSC/Tarazon said she did not know but they are available on the City's You Tube channel. VC/Sulakhe asked if attendees were mostly Diamond Bar residents and CSC/Tarazon responded that she believed a majority of the attendees were. Chair/Grundy asked if there was a record of attendees or if the City was guessing about the attendees and CSC/Tarazon responded that there is no way to know who is and who is not a resident although staff looks at the public information booth to see how much interest there is because unless a person is a Diamond Bar resident they would not have much use for the information provided at the booth. 2.2 Parks Report— PMS/Jordan C/Herndon asked about the water problem at Sycamore Canyon Park and wanted to know if there was any way to capture water from the creek to irrigate the park. PMS/Jordan said that with respect to the water leak, there was a drinking fountain by the third base side of the softball field that had a sticky valve and would intermittently remain on. Apparently, on one such occasion it had run for a considerable amount of time and created a puddle behind the fence and some of the water flowed out onto the field. PMS/Jordan said he did not believe it would be feasible to use creek water to irrigate the park. CSD/Rose said that at one point the City contacted Walnut Valley Water District about the steady source of water at the park and asked if there was some way to put it into a container and pump it into the irrigation system and they were not interested. He believes that PMS/Jordan is correct that to do anything would require a permit from Fish & Game which could be looked into. Chair/Grundy asked that thank -you notes be sent to the Church group and the Boy Scouts for their help. C/Sulakhe asked why the tree was were being cut down at the Kmart Center and PMS/Jordan said staff received calls on Monday about the large Ficus tree being taken down. The tree is on private property and is privately owned and Ficus is not considered a "protected" species. Chair/Grundy asked if there was a proposed use of the Kmart property and CSD/Rose responded that there is a new development going in that is unknown by staff at this time. C/Sulakhe said she heard it was going to be movie theaters. 2.2.1 Power Point Presentation on Heritage Park walkthrough — PMS/Jordan. MAY 26, 2016 PAGE 3 P&R COMMISSION C/Herndon asked if there had been many sightings of Coyotes in the City and PMS/Jordan said he had not heard of any increased Coyote activity. CSD/Rose said it is typical in this type of natural area to see Coyotes from time to time. In fact, staff saw one from`' the window of City Hall recently which was scampering around the parking lot and then ran up the hill behind the building. C/Sulakhe said it did not look very clean around the drinking fountain area. PMS/Jordan said the debris was sand that had been spilled. On the day staff did the walkthrough the cleaning crew was onsite and took care of it that day. 2.3 CIP Projects — CSD/Rose A. Steep Canyon Trail Connector & Pantera Park Trail — Staff found a couple of minor issues with the plans. Going forward, each trail that the City constructs has to meet a certain level of Americans with Disabilities Act access and what was used at Grandview Trail was a rope that people could hold onto to guide themselves down the trail. Staff found that the rope was being vandalized beyond repair and after consulting with Building and Safety it was recommended that a chain be installed in place of the rope and as a result, the design team was asked to revise the plans for the Pantera Trail to include a chain in place of the rope. The revised plans have come back and this project will go out to bid in the next week or so. B. Diamond Canyon Park— Construction continues. Staff anticipates the park will be open by the end of this summer. In the meantime, individuals have been using the park and kids have been using the play equipment. This is in the hands of the developer who understands people must be kept out of the park until it is completed. The next portion is installation of the pedestrian bridge and as of yesterday, the developer did not have a scheduled time. Staff expects it will be July. C/Herndon reiterated his concern about the lack of fencing between the play equipment and the roadway and asked if that had been investigated. CSD/Rose said this was discussed with Lennar folks and staff is looking to see what potential solutions are available. C/Herndon asked if CSD/Rose agreed there needed to be more protection for the kids and CSD/Rose said that the children using the tot lot need to be protected but exactly what that entails has not been determined. C. Design of Heritage Park Improvements— On hold MAY 26, 2016 PAGE 4 P&R CONEMSSION D. Design of Longview South & Stardust Park Improvements — As previously mentioned, the City received a $300,000 grant from State Parks Act (LA County) for Stardust Park which means this project can now move forward with sufficient funding. Staff met with Architerra Design Group and incorporated the value engineering and has verified that the specified improvements for Stardust Park meet all of the Grant requirements. Architerra gave staff a revised concept plan and cost estimates. Staff is awaiting approval to move forward with the construction documents. Staff plans to combine Peterson, Longview South and Stardust parks into one single project to provide economy of scale. Architerra has completed the survey work for Peterson Park and should have a concept plan to staff by next week. As soon as the concept plan is approved construction documents will commence and the three projects will be packaged to go out to bid. E. Installation of Swings at Longview Park North — On hold until the new fiscal year at which time Public Works will assume the lead on this project. F. Larkstone Park Design — Nothing has happened since the first plan check except that grading is being done on the site. Staff is told Lennar wants to have the park done as soon as possible and this project will also be taken over by the Public Works Department. G. Trail Information Panels at each Trail Head — Working with Architerra the panels are designed and Architerra will put them in their final format to get the panels made. Staff expects the panels to be in production by the end of this fiscal year and installed next fiscal year (July/August). There are nine panels each of which will be placed at the nine trailheads in Diamond Bar. Chair/Grundy asked if the City has liability while the Diamond Canyon Park. is under construction and CSD/Rose said no, the liability falls to Lennar. Chair/Grundy asked if CSD/Rose knows why the Heritage project had stalled and when it might become active again and CSD/Rose said he was told by the City Manager that at this time the project is on hold. 2.4 List of pending Commission requests — CSD/Rose RS/Murphy will provide information regarding the number of annual events (weddings, etc.) at the Diamond Bar Center at the Commission's June 23rd meeting. PMS/Jordan said he would have an update regarding additional lighting outside the kitchen area at the Diamond Bar Center at the next meeting as MAY 26, 2016 PAGE 5 P&R COMMISSION well. C/Herndon asked CSD/Rose to elaborate on Sycamore Canyon Park "lighting solutions at other locations are being considered. CSD/Rose explained that the first consideration is the Pony Baseball Field and adjoining YMCA property and next, the middle field at Lorbeer. The five year CIP program lists the South Point Middle School -project but if the Pony and Lorbeer projects happen he is not sure that the South Point project will remain on the five-year CIP list. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Liang congratulated and praised CSD/Rose for over 40 years of service to the community. Since joining the Commission 10 years ago he has appreciated the work CSD/Rose does and has learned a lot from him. He also appreciates CSD/Roses demeanor – he is a gentleman and a scholar and C/Liang hoped for a great retirement for CSD/Rose. He thanked CSD/Rose for all that he has done for the City of Diamond Bar. C/Herndon echoed C/Liang's sentiments and said it has been a .great pleasure working with CSD/Rose and he will be missed. He offered CSD/Rose to come back and visit but did not expect that he would. He asked if CSD/Rose could elaborate on the structure post CSD/Rose's tenure. CSD/Rose explained that the Community Services Department will cease to exist as a department as of June 30. The recreation portion of the department will be called the Parks and Recreation Department and RS/Murphey will continue in her position. There are discussions about recruiting a Parks and Recreation Director and the difference with that position is that the Director would be in charge of the recreation, the Diamond Bar Center activities and scheduling of facilities for Heritage, Pantera and other park sites used by User Groups and residents for picnics and private events. The parks maintenance and other maintenance activities will continue under PMS/Jordan and he will be transferred to the Public Works 'Department and report directly to PWD/Liu. PWD/Liu as Public Works Director will ultimately be responsible for the parks portion. As far as Commission meetings, Commissioners will continue to see PMS/Jordan and RS/Murphey and at some point there will be a Parks and Recreation Director. For the immediate future ACM/McLean will be RS/Murphey's immediate — supervisor and it is possible that during that time he may attend the Commission a meetings. AC/Gonzales will continue putting the agenda together and I Commissioners should pass along their information and requests to her. Recreation individuals will continue providing reports as they have in the past unless and until there is a change in'the format requested by the new Parks and Recreation Director. It is likely that there will be no recruitment and hiring for a MAY 26, 2016 1 PAGE 6 P&R COMMISSION Director for about six months. C/Herndon thanked CSD/Rose for the update and again wished him the best. VC/Sulakhe wished CSD/Rose well. While she has known CSD/Rose for a short time she has been a long time resident of Diamond Bar and has enjoyed all of the parks and appreciates all of the work that has gone into making the parks enviable. She wished CSD/Rose a lot of golf time. Chair/Grundy said he joined the Commission 15 years ago and CSD/Rose helped him to understand what it meant to be a Commissioner, toured him around the City and helped him gain a lot of insight. There were a few different faces then but CSD/Rose has been here the entire time. Chair/Grundy said "Thank -you, Bob for all of the support and effort he puts into the Parks and Recreation programs." It shows that CSD/Rose cared about this City and he will be missed. He thanked CSD/Rose for all he has done for the City. ADJOURNMENT: With no one objecting and no further business before the Parks and Recreation Commission, Chair/Grundy adjourned the meeting at 8:09 p.m. The foregoing minutes are hereby approved this 26 day of May 2016. Attest: DAVE OR MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION MAY 24, 2016 CALL TO ORDER: Agenda #6.4(a) Chair/Mahlke called the meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago, Ken Mok, Raymond Wolfe, Vice Chairperson and Jennifer "Fred" Mahlke, Chairperson Also present: Greg Gubman, Community Development Director; David DeBerry, City Attorney; Grace Lee, Senior Planner; Kimberly Young, Senior Civil Engineer; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Mary Wehmeier spoke to the Commission about the Charles Company's plan to redevelop the Kmart Center. This weekend the ficus tree next to the McDonald's at the north end of town was illegally removed. Residents on the north end of Diamond Bar are very angry about the fact that this was removed early on Sunday morning and was cut in such a way that according to the City's Arborist it cannot be salvaged. If this is allowed to happen what else might such a developer do to this City. Although the development plan has not been officially submitted to the City, the plan that is floating around town includes over 400 homes and over 220 hotel rooms in these two parcels. She asked that the Planning Commissioners use their common sense to understand that the original General Plan of Diamond Bar never would have allowed for this type of development and the residents do not want it. Douglas Barcon lives west of the SR57 and south of Sunset Crossing Road and he too, has the same issues regarding redevelopment of the Kmart property. He called the City yesterday and discovered that the ficus is not a protected species of tree. He spoke about consequences of and impacts to current businesses and MAY 24, 2016 PAGE 2 PLANNING COMMISSION traffic if the proposed plan is implemented along with other area projects. The tree was removed illegally and the remodeling of the Kmart Center needs to be carefully addressed in accordance with the City's sphere of influence and whether it will negatively impact the property owners and well-being of the community. The removal of the tree may be in violation of County laws. Julie Lagos, 23853 Twin Pines Lane, also spoke about the Kmart Center and said she was excited that perhaps Diamond Bar would no longer be a bedroom community. She believes this is a perfect opportunity for the City's revitalization. She understands there will be impacts to traffic and to the community but she has faith in her elected officials that they will do the right thing. Contrary to a previous speaker indicating that everyone was against this project, she and her friends who live in Diamond Bar are excited for change and they have faith in their Planning Commission and City Council. Brian Worthington spoke about the revitalization of the Kmart Center. The 40 foot view of the City has changed and although it is a commuter city it needs retail and redevelopment in north Diamond Bar in particular, and the idea of redoing the Kmart Center makes a lot of sense to him. What does not make sense is that the tree that has been in existence for the past 30-40 years was removed without communicating beforehand to the residents. He recommended that the Commissioners become involved in social media so that they are aware of these things happening and can address them immediately. The redevelopment of the Kmart Center is critical to this City that needs retail and tax revenue and he would like to see mixed-use at the Kmart Center. CDD/Gubman responded to speakers about remarks regarding the legality or lack thereof, of removal of the tree. City staff is very disappointed that the tree was removed without the opportunity to have a dialogue to discuss the possibility of integrating that tree into plans to repurpose the site, even though there was no requirement regarding mitigation because it is not a protected tree under the City's Ordinances. Still, that does not take away from the fact that there was an opportunity for discussion and consideration regarding whether or not the tree could have co -existed with the future development. Secondly, he does not believe it is the case that LA County had jurisdiction over the tree. The City is incorporated and local regulations over land use would prevail, and the action was taken within the rights of the property owner to do so. With respect to references to plans that have been seen online from the Charles Company website for very high intensity/high density development that included, among other things, 400 homes and 220 hotel rooms, that project is not a real project and is not being proposed. The City will not be reviewing a project of that MAY 24, 2016 PAGE 3 PLANNING COMMISSION magnitude. Several years ago at an International Council of Shopping Centers Conference, a rendering was shown depicting a development of that scale which extended from Golden Springs Drive to the freeway. To accommodate that project it consumed all of the land that included Golden Springs, the Best Western Hotel and all of the restaurants on that side of the street. As far as staff could tell this was an attempt by the Charles Company to attract interest to retailers and other commercial enterprises. Subsequent to that, the Charles Company asked Diamond Bar about what support there might be to build an outlet mall on the Kmart property. Again, it would require the consolidation of parcels that they apparently do not have ownership of at this time and it was questionable whether the site could support that much intensity. It would require a parking structure and infrastructure that the City would not be able to provide financial support to make it pencil out because Diamond Bar did not have a redevelopment agency. Through the City Manager's discussions with the Charles Company, the plan is to repurpose the Kmart building by dividing it into smaller tenant spaces ranging from 15,000 to 25,000 square feet possibly adding another 8,000 or so square feet to the north end of the current Kmart building. The tenant mix being described is a grocery chain store, a pet supply chain store, an apparel/home fashion retailer and possibly a standalone building that would accommodate a coffee house and fast food chain restaurant. The square footage would probably be a net increase of about 10,000 in addition to the size of the current Kmart building. The third speaker talked about opportunities for change and other ways to attract retail and other more diverse commercial uses to the City's commercial inventory. In response, he stated that the City's current General Plan is due for a comprehensive update. All cities are required to have a General Plan and ideally, General Plans should be updated about every 20 years. Diamond Bar's General Plan is about 21 years old now and the time is right for this venture. The City has gone through an RFP process and staff will be recommending a General Plan Consultant to prepare the General Plan and guide the City through the entire public outreach process. Staff intends to take the General Plan Consulting Services Agreement to the City Council at its June 21' meeting. This process will involve a lot of public outreach. There will be booths at as many community events as possible such as the Concerts in the Park, the City Birthday Party, Snowfest, etc. and there will be a dedicated website for the General Plan Update. There will also be public workshops, surveys and various outreach efforts. And as part of any General Plan process, there will be a General Plan Advisory Committee (GPAC) which will be comprised of a central core of community stakeholders that would be guiding other offshoots of the GPAC to look at certain topic areas of the City such as economic development, anti-mansionization perhaps, and creation of other MAY 24, 2016 PAGE 4 PLANNING COMMISSION 0 n housing types possibly near the Metrolink station in Industry. There will be many issues the City will have an opportunity to visit and to think about when it considers the community's aspirations for the next 20 years and there will be a very significant effort to reach out to the community to engage the community so that collectively, the updated General Plan document can be crafted. Chair/Mahlke asked if there is anything currently in plans or in rotation coming to the Planning Commission regarding remodeling of the Kmart anytime soon and CDD/Gubman said that all he is aware of is that the Charles Company is seeking Letters of Intent from major retailers to be involved in the redevelopment of that site (grocery story, fast food casual restaurants, apparel/home fashion and pet store). Chair/Mahlke said that Charles Company can say whatever they would like but it does not matter until a formal proposal gets to the City and CDD/Gubman said yes, that is absolutely the case. Chair/Mahlke thanked residents for voicing their concerns which is a very important part of city government — input and clear communication. She asked that they please continue to support the process, especially as the City goes through the General Plan update process and continue to build up north Diamond Bar. She loved that tree. It was one of her favorite trees in the City and she was very disheartened to see it taken down. She knows from being on social media that there have been talk of boycotting any potential business that come into town. She looks to her social network friends to be the voice of reason that residents will consider to build their City in whatever way deemed best with people who have been elected to office. She hopes for residents' continued support. APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 26, 2016. VC/Wolfe moved, C/Mok seconded to approve the Minutes of the Regular Meeting of April 26, 2016, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok , VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Farago ABSENT: COMMISSIONERS: None MAY 24, 2016 PAGE 6 PLANNING COMMISSION P 91 OLD BUSINESS None NEW BUSINESS: 6.1 Review of Fiscal Year 2016-2017 Capital Improvement Program (CIP) — Conformity with the General Plan CDD/Gubman explained that in some instances the Commission is acting in an advisory capacity to the City Council to approve or disapprove a project such as the General Plan update, a zone change, or a subdivision map. This item is different in that in this case the Commission is looking at the City's Fiscal Year Budget for 2016-2017 and part of the budget is always to fund various capital improvement projects. State law requires the Planning Commission to review the list of projects that are being considered by the City Council when approving the budget and determine whether or not those projects are consistent with the General Plan and whether these projects are furthering the goals, objectives and policies set forth in the General Plan. If found to be so, the Commission is asked to adopt the attached Resolution that makes the finding that indeed, these projects are consistent with the General Plan. SP/Lee presented staff's report and recommended that the Planning Commission find the Fiscal Year 2016-17 Capital Improvement Program (CIP) to be in Conformance with the City's General Plan. VC/Wolfe said he felt it would be important to consider replacing the Diamond Bar Center roof with something that has a longer life -span than 10 years. Secondly, Objective 2.1 at the bottom of Page 3 of the Circulation Element speaks to maximizing the use of alternative transportation modes within and through the City to decrease reliance on single passenger automobiles and he was curious what the City is doing to further this goal, if anything. SCENoung stated that the Public Works Division works closely with the Metrolink Station to improve routes and also works directly with Metrolink to enhance bike lanes and bike paths to promote alternative means of travel. Although there are no other immediate plans, these are goals of the City that staff will continue to work to fulfill. MAY 24, 2016 PAGE 6 PLANNING COMMISSION SP/Lee said she would relay VC/Wolfe's concerns and recommendations to the Community Services Department regarding the replacement of roof at the Diamond Bar Center. Chair/Mahlke moved, C/Farago seconded, to Adopt the Resolution finding the proposed Fiscal Year 2016-2017 Capital Improvement Program in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 7. PUBLIC HEARING(S): Barlas, Farago, Mok , VC/Wolfe, Chair/Mahlke None None 7.1 Development Review No. PL2016-28 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owners requested Development Review approval to construct a 1,058 square foot, single story addition to an existing 1,276 square foot, one-story single family residence with an attached 445 square foot garage on a 0.25 gross acre (10,717 gross square foot) lot. The subject property is zoned Low Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 1748 Morning Canyon Road Diamond Bar, CA 91765 Li and Dai Tian 1748 Morning Canyon Road Diamond Bar, CA 91765 Ming Huo 554 N. Nora Avenue West Covina, CA 91790 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review No. PL2016-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. MAY 24, 2016 PAGE 7 PLANNING COMMISSION With no one present who wished to speak on this matter, Chair/Mahlke closed the public hearing. VC/Wolfe moved, C/Barlas seconded, to approve Development Review No. PL2016-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review and Tree Permit No. PL2015-144 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.38, the applicant and property owner, Lawrence Wang, on behalf of Grandway USDEV I B LLC, requested Development Review approval to demolish an existing single family residence and construct 8,989 square foot, single family residence with a 745 square foot garage and 1,050 square feet of patio/deck area, and preserve a portion of an existing accessory to accommodate a 1,299 square foot recreation building on a 1.27 gross acre (55,450 gross square foot) lot. A Tree Permit was also requested to protect two (2) coast live oak trees. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROPERTY ADDRESS: PROPERTY OWNER/ APPLICANT: 2163 Indian Creek Road Diamond Bar, CA 91765 Lawrence Wang, on behalf of Grandway USDEV I B LLC 55 S. Lake Avenue #700 Pasadena, CA 91101 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Tree Permit No. PL2015-144, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. MAY 24, 2016 PAGE 8 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Mahlke closed the public hearing. VC/Wolfe asked about the location of the two trees because it appeared to him that they are straddling the property line on the site plan. AP/Espinoza said she spoke with the neighboring property owners this afternoon and they were concerned about the trees. She explained to them that these trees were to be protected and she showed them the Conditions of Approval and they were fine with the protection because it is temporary. Once the project is completed, the chain link fence and protection zone will be removed. Clarification was made that the protective fencing would only be located on the subject property and will not encroach on to the neighbor's property. C/Farago moved, C/Barlas seconded, to approve Development Review and Tree Permit No. PL2015-144, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review and Minor ' Conditional Use Permit No. PL2015-321 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to remodel the exterior fapade and construct an addition consisting of 4,504 square feet of livable area, 1,602 square feet of additional garage area, and 336 square feet of balcony/porch area to an existing 3,771 square foot, one-story single family residence with an attached 565 square foot garage on a 1.48 gross acre (64,469 gross square foot) lot. A Minor Conditional Use Permit was requested to allow an addition to an existing nonconforming structure with a front setback of 25 feet (where 30 feet is required)., The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 24085 Falcons View Drive Diamond Bar, CA 91765 MAY 24, 2016 PAGE 9 PLANNING COMMISSION PROPERTY OWNER: Kenny Su 24085 Falcons View Drive Diamond Bar, CA 917865 APPLICANT: John Ma 10904 Grand Avenue Temple City, CA 91780 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2015-321, based on the Findings of Fact, and subject to the conditions of approval as listed with the resolution. Chair/Mahlke opened the public hearing. With no one present who wished to speak on this item, Chair/Mahlke closed the public hearing. VC/Wolfe asked if staff believed there should be a deed restriction on this item similar to the last project and AP/Espinoza said that based on the floor plan staff was not concerned. He again stated his concerns because of the addition to the second floor which he felt was similar to the concerns on the last project. AP/Espinoza responded that in the case of the last project the builder will be selling the property. In this case the owner will be living at the property once the project is complete. Additionally, on the second floor, the den area connects all of the bedrooms and there is no sectioned -off area for a common room on the second floor. However, if the Planning Commission wishes to add a deed restriction it will be included as a Condition of Approval. CDD/Gubman explained that the applicant should be asked if they would be agreeable to adding the condition prior to proceeding with the vote. Chair/Mahlke reopened the public hearing. The applicant John Ma explained that Dr. Su recently lost his wife and the owner's son and his family will be moving into the house which is the reason for the addition and they are not opposed to the condition if the Commission believes it is suitable. This building is not for sale, it is for the use of the current property owner. Chair/Mahlke closed the public hearing. MAY 24, 2016 PAGE 10 PLANNING COMMISSION ::1 9a VC/Wolfe moved, C/Farago seconded, to approve Development Review and Minor Conditional Use Permit No. PI 2015-321, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a deed restriction as a Condition of Approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None VC/Wolfe said it is important that the City garner as much community input as possible as the City works through the General Plan update and he is excited to have the opportunity to participate in that venture. He looks forward to working with staff and hopefully the broader community. C/Barlas said that she and her son were sorry to see the tree go away. While there is a limitation as to what can be done it would have been appreciated if the developer had entered into a dialogue with the City before proceeding. Chair/Mahlke said she understood how people feel about the tree. It was her favorite tree in the City and she appreciated the information about its taking was brought forward to the Commission tonight because it helps the City to be more successful in addressing these types of issues in the future. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that for the next meeting of June 14 there is one confirmed item slated which is an addition to a single family residence at 2311 Evergreen Drive. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. Chair/Mahlke noted that Memorial Day approaches and that offices will be closed on Monday, May 30. Standard meetings apply and the good news is that this year's Concerts in the Park and Movies under the Stars series will begin June 15. MAY 24, 2016 PAGE 11 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 8:10 p.m. The foregoing minutes are hereby approved this 14th day of June, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director JJeiferhl e, Chairperson MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION JUNE 14, 2016 •jre]�ZIZA Agenda #6.4(b) Chair/Mahlke called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: Present: RA 0 Absent: Chair/Mahlke led the Pledge of Allegiance. Commissioners Frank Farago, Raymond Wolfe, Vice Chair and Jennifer Mahlke, Chair Commissioners Naila Barlas and Ken Mok Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Amy Kreimeier, Planning Intern; and Stella Marquez, Administrative Coordinator. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4,1 Minutes of the Regular Meeting of May 24, 2016. VC/Wolfe moved, C/Farago seconded to approve the Minutes of the Regular Meeting of May 24, 2016, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 7. PUBLIC HEARING(S): None Farago, VC/Wolfe, Chair/Mahlke None Barlas, Mok 7.1 Development Review No. PL2016-49 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property JUNE 14, 2016 owners requested Development Review and Minor Conditional Use Permit approval to construct a 1,121 square foot addition to an existing single family residence on a 0.18 gross acre (7,762.5 square foot) lot. A Minor Conditional Use Permit (MCUP) was also requested to allow an addition exceeding over 50 percent of the existing square footage to a nonconforming structure with a side setback of 7'-4" to the north property line (where 10 feet is required), and a nonconforming distance of 12'-4" to the structure on the adjacent lot to the north (where 15 feet is required). The subject property is zoned Low Medium Residential (RLM) with an underlying General Plan land use designation of Low Medium Residential (RLM). PROJECT ADDRESS: 2311 Evergreen Springs Diamond Bar, CA 91765 PROPERTY OWNER: Lawrance Lau and Sandy Cheng 2311 Evergreen Springs Diamond Bar. CA 91765 APPLICANT: Terence Kwok 260 E. Garvey Avenue Monterey Park, CA 91755 PI/Kreimeier presented staff's report and recommended Planning Commission approval of Development Review No. PL2016-49, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. Terence Kwok was present to answer questions from Commissioners. Chair/Mahlke closed the public hearing. VC/Wolfe moved, C/Farago seconded, to approve Development Review No. PL2016-49, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: Farago, VC/Wolfe, Chair/Mahlke None Barlas, Mok COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JUNE 14, 2016 PAGE 3 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Wolfe cautioned everyone to stay hydrated and not become overheated during the hot weekend weather. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiOGtS. CDD/Gubman reported that at the next Planning Commission meeting scheduled for June 28, there may or may not be a quorum, which he will know by end of day tomorrow and will then follow up with Commissioners as to whether or not there will be a June 28 meeting. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. Chair/Mahlke noted that the Concerts in the Park series begins tomorrow night with Answer(Classic Rock) and Minons movie immediately following the concert. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 7:11 p.m. The foregoing minutes are hereby approved this 28th day of June, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director nnife Ike, Chairperson CITY COUNCIL Agenda # 6 _ S Meeting Date: July 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man qq TITLE: Ratification of Check Register date June 16, 2016 through July 13, 2016 totaling $ 2,706,263.01 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 2,706,263.01 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 June 16, 2016 through July 13, 2016 for $ 2,706,263.01 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register— 06/16/16 through 07/13/16. 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 June 16, 2016 through July 13, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Com Org Support Fund OPEB Reserve Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Comm Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Used Motor Oil Blk Grt Beverage Ctnr Recy Grt Capital Imp Projects Fund Vehicle Maint/Repl Fund Equip MainURepl Fund Signed: Dianna Honeywell Finance Director Amount $2,340,726.20 $1,000.00 $84,761.00 $65,617.82 $31,283.71 $43,369.86 $650.24 $13,549.50 $9,650.23 $6,130.57 $1,882.50 $3,537.05 $58,369.55 $2,882.98 $42,851.80 $2,706,263.01 SUNGARD PENTAMATION INC PAGE NUMBER: 1 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:OD.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND 116822 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116808 06/16/16 AARP AARP 0015350 10100 116809 06/16/16 AGGCOMWE AGRICULTURAL COM WGHTS & 0014431 10100 116810 06/16/16 ALEXAANN ANN ALEXANDER 001 10100 116811 06/16/16 ALLIANCE ALLIANCE BUS LINES 1125350 10100 116812 06/16/16 AMERICOM AMERICOMP GROUP 0014070 10100 116813 06/16/16 AMINKAVI KAVITA AMIN 001 10100 116814 06/16/16 AMIRAZOD GHOLAM R AMIRAZODI 0015510 10100 116815 06/16/16 APPLEBAU TERI APPLEBAUM 001 10100 116816 06/16/16 AYUMICHI CHIBA AYUMI 001 10100 116817 06/16/16 13ARLASNA NAILA ASAD EARLAS 0015210 10100 116818 06/16/16 BESTLTG BEST LIGHTING PRODUCTS 0015333 10100 116819 06/16/16 CACOMMER CALIFORNIA RETROFIT INC 0015340 10100 116620 06/16/16 CAWATERS CALIFORNIA WATERS LLC 0015333 1D1D0 116821 06/16/16 CAPPOINC CAPPO INC 0014050 10100 116821 06/16/16 CAPPOINC CAPPO INC 0014050 TOTAL CHECK 10100 116822 10100 116822 10100 116822 10100 116822 TOTAL CHECK 10100 116823 10100 '16824 10100 116825 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 10100 116826 -----DESCRIPTION------ SALES TAX AARP MATURE DRIVING 0.00 COYOTE CONTROL SVCS RECREATION REFUND TRANS -EXCURSION COPIER MAINT-I.T. RECREATION REFUND CONSULTANT SVCS -6/03 RECREATION REFUND RECREATION REFUND PING COMM-APR/MAY SUPPLIES -DBC SUPPLIES -PARKS MAINT SVCS -DBC NEW BUYER BASICS CLS CAPPO MEMBERSHIP 06/16/16 CDW-G CDW GOVERNMENT 1125553 REPLCMNT OF HP SERVER 06/16/16 CDW-G CDW GOVERNMENT 0014070 REPLCMNT OF HP SERVER 06/16/16 CDW-G CDW GOVERNMENT 5304070 REPLCMNT OF HP SERVER 06/16/16 CDW-G CDW GOVERNMENT 0014070 COMP EQ-I.T. 06/16/16 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 06/16/16 CPRSXIII CPRS DISTRICT XIII 0015350 06/16/16 CRUZARMA ARMANDO CRUZ 0015333 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015510 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 SUPPLIES -TINY TOTS CPRS TRNG-REC STAFF MAINT SVCS -DBC ADMIN FEE -PR 13-2095 PROF.SVCS-INSPECTION PROF.SVCS-PR 14-5021 ADMIN FEE -PR 14-3930 ADMIN FEE -PR 14-4152 ADMIN FEE -PR 14-3896 ADMIN FEE -PR 14-393D PROF.SVCS-PR 14-4152 ADMIN FEE -PR 14-5021 PROF.SVCS-PR 14-5021 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 30.00 189.82 115.00 306.77 2,364.50 170.00 2,961.00 325.00 170.00 130.00 1,560.45 3,008.40 380.00 99.00 130.00 229.00 14,500.00 17,479.00 42,851.80 839.18 75,669.98 213.00 165.00 150.00 133.65 135.00 1,147.50 121.50 72.90 97.20 167.85 405.00 182.25 202.50 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20160616 00:00:00.000' and 120160713 OO:OO:OD.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015510 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 1010D 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 101D0 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 116826 06/16/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 TOTAL CHECK 10100 116827 06/16/16 DAYNITEC DAY & NITE COPY CENTER 10100 116828 06/16/16 DENNISCA CAROL A DENNIS 10100 116828 06/16/16 DENNISCA CAROL A DENNIS TOTAL CHECK 10100 116833 10100 10100 116829 06/16/16 DEPTOFJU DEPARTMENT OF JUSTICE 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP 10100 116830 06/16/16 DFSFLOOR DFS FLOORING LP TOTAL CHECK 10100 116831 10100 116831 10100 116831 TOTAL CHECK 10100 116832 10100 116833 10100 116834 10100 116834 10100 116834 TOTAL CHECK 06/16/16 DHMAINTE DH MAINTENANCE 06/16/16 DHMAINTE DH MAINTENANCE 06/16/16 DHMAINTE DH MAINTENANCE 0015510 0014030 0015210 -----DESCRIPTION------ ADMIN FEE -PR 14-5021 PROF.SVCS-PR 13-1701 PROF.SVCS-PR 14-3930 PROF.SVCS-PR 13-2095 PROF.SVCS-PR 14-3896 PROF.SVCS-INSPECTION PROF.SVCS-PR 14-3930 PROF.SVCS-PR 14-5021 ADMIN FEE -PR 14-5021 ADMIN FEE -PR 14-5021 ADMIN FEE -PR 14-3930 ADMIN FEE -PR 13-2095 ADMIN FEE -PR 14-3930 ADMIN FEE -PR 14-3696 ADMIN FEE -PR 14-4152 ADMIN FEE -PR 13-1701 ADMIN FEE -PR 14-5021 ADMIN FEE -PR 14-5021 ADMIN FEE -PR 13-1701 PRINT SVCS -SPECS PROF.SVCS-CNCL MTG PRINT SVCS-PLNG COMM 0014060 PROF.SVCS-H/R 0015333 CARPET CLEANED -DBC 0015333 REMOVAL/REPLACE FIR 0014093 - CARPET MAINT-HERITAGE 0014093 CARPET MAINT-PANTERA 0014093 MAINT SVCS -CITY HALL 0014093 MAINT SVCS -CITY HALL 0015340 REG MONTHLY MAINT-JUN 0014093 REG MONTHLY MAINT-JUN 0015333 REG MONTHLY MAINT-JUN 06/16/16 DIVEPRIN DIVERSIFIED PRINTERS 0014095 06/16/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 06/16/16 EXCELLAN EXCEL LANDSCAPE INC 1395539 06/16/16 EXCELLAN EXCEL LANDSCAPE INC 1415541 06/16/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 PRINT SVCS-DBCONN JUN LANDSCAPE SVCS -JUN ADDL MAINT-DIST 39 ADDL MAINT-DIST 41 ADDL MAINT-DIST 38 SALES TAX AMOUNT 0.00 206.55 0.00 337.50 0.00 932.50 0.00 742.50 0.00 540.00 0.00 540.00 0.00 675.00 0.00 1,012.50 0.00 -206.55 O.OD -182.25 0.00 -167.85 0.00 -133.65 0.00 -121.50 0.00 -97.20 0.00 -72.90 0.00 -60.75 0.00 -36.45 0.00 36.45 0.00 60.75 0.00 6,670.00 0.00 801.8D 0.00 225.00 0.00 125.00 0.00 350.00 0.00 192.00 0.00 150.00 0.00 2,498.00 0.00 385.00 0.00 385.00 0.00 550.00 0.00 790.00 0.00 4,758.00 0.00 735.17 0.00 6,500.00 0.00 12,250.83 0.00 19,486.00 0.00 3,859.00 0.00 910.00 0.00 94.00 0.00 376.60 0.00 417.14 0.00 887.74 10100 116835 06/16/16 EXTERIOR EXTERIOR PRODUCTS INC 0015350 MILITARY BANNERS -MAY 0.00 4,081.80 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116835 06/16/16 EXTERIOR EXTERIOR PRODUCTS INC OD1535D CONCERTS/MOVIE BNNRS 0.00 4,739.50 10100 116835 06/16/16 EXTERIOR EXTERIOR PRODUCTS INC 0015350 MILITARY BANNERS 0.00 156.91 10100 116835 06/16/16 EXTERIOR EXTERIOR PRODUCTS INC 0015350 INSTALL/REMOVE FLAGS 0.00 2,350.50 10100 116835 06/16/16 EXTERIOR EXTERIOR PRODUCTS INC 0015350 REPOSITION FLAGS 0.00 1,060.00 TOTAL CHECK 0.00 12,388.71 ID100 116836 06/16/16 FARAGOFR FRANK A FARAGO 0015210 PLNG COMM-MAY 0.00 65.00 10100 116837 06/16/16 FEDEX FEDEX 001 EXPRESS MAIL-PL14-699 O.OD 33.60 10100 116837 06/16/16 FEDEX FEDEX 001 EXPRESS MAIL-PL 15-48 0.00 33.60 10100 116837 06/16/16 FEDEX FEDEX 001 EXPRESS MAIL-PL 15-48 0.00 67.20 10100 116837 06/16/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL O.OD 75.68 10100 116837 06/16/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 77.76 10100 116837 06/16/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 81.63 10100 116837 06/16/16 FEDEX FEDEX 001 EXPRESS MAIL-PL13-104 0.00 100.80 10100 116837 06/16/16 FEDEX FEDEX 001 EXPRESS MAIL-PL15-528 0.00 201.60 10100 116837 06/16/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 469.96 TOTAL CHECK 0.00 1,141.83 10100 116838 06/16/16 FRANCHIS FRANCHISE TAX BOARD 001 WITHHOLDING ORDER 0.00 203.59 10100 116839 06/16/16 GARYSMIN GARY'S MINI MARKET 0015350 CINCO DE MAYO SR ONCE 0.00 1,373.40 10100 116840 06/16/16 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 PROF.SVCS-CITY VIEW 0.00 3,480.00 10100 116841 06/16/16 GRANTKAT KATIE GRANT 001 RECREATION REFUND 0.00 160.00 10100 116842 06/16/16 HANGTONY TONY HANG 001 FACILITY REFUND-DBC 0.00 800.00 10100 116843 06/16/16 HOYENTE YEN TE HO 001 RECREATION REFUND 0.00 58.00 10100 116844 06/16/16 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 SUPPLIES-PARKS 0.00 21.57 10100 116845 06/16/16 SUSTAINA HULS ENVIRONMENTAL MANAG 1155515 HAULER MANAGEMENT 0.00 825.00 10100 116646 06/16/16 INLAEMPI INLAND EMPIRE MAGAZINE 0014095 AD-DBC JUNE 0.00 995.00 10100 116847 06/16/16 INLANDEM INLAND EMPIRE STAGES 1125350 SR EXCURSION-CASINO 0.00 1,203.00 10100 116848 06/16/16 IVDB INLAND VALLEY DAILY BULL 0014090 LEGAL ADS-MAY 2016 0.00 1,763.28 10100 116849 06/16/16 INSTITUT INSTITUTE OF KNOWLEDGE 001 FACILITY REFUND-REAGA 0.00 50.00 10100 116850 06/16/16 JACKCHRI CHRISTOPHER JACKSON 001 FACILITY CHRGS-DBC 0.00 -500.00 10100 116850 06/16/16 JACKCHRI CHRISTOPHER JACKSON 001 FACILITY REFUND-DBC 0.00 11050.00 TOTAL CHECK 0.00 550.00 10100 116851 06/16/16 JOHNSONK KEITH JOHNSON 0015350 D.J. SVCS-SR PROGRAM 0.00 350.00 10100 116852 06/16/16 KANKARIY PARESH KANKARIYA 001 RECREATION REFUND 0.00 170.00 10100 116853 06/16/16 KENSHARD KENS HARDWARE 0015340 SUPPLIES-PARKS/REC D.00 446.30 3 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 116853 06/16/16 KENSHARD KENS HARDWARE TOTAL CHECK 10100 116854 06/16/16 KESHAVRA RAKSHA KESHAV 10100 116854 06/16/16 KESHAVRA RAKSHA KESHAV 10100 116854 06/16/16 KESHAVRA RAKSHA KESHAV TOTAL CHECK 10100 116855 10100 116855 10100 116855 TOTAL CHECK 10100 116856 10100 116857 10100 116658 10100 116859 10100 116860 10100 116861 10100 116862 10100 116863 10100 116864 10100 116864 TOTAL CHECK 10100 116865 10100 116866 10100 116867 10100 116866 10100 116869 10100 116870 10100 116870 TOTAL CHECK 10100 116871 10100 116871 10100 116871 10100 116871 10100 116871 FUND/DIVISION -----DESCRIPTION------ SALES TAX 0015333 SUPPLIES -DBC 0.00 0.00 001 001 001 06/16/16 DBDELI JENNY Y KIM 0014090 06/16/16 DBDELI JENNY Y KIM 0014090 06/16/16 DBDELI JENNY Y KIM 0014440 06/16/16 LEAGUE LEAGUE OF CALIFORNIA CIT 001 06/16/16 LEEJOOHE JOOHEE LEE 001 06/16/16 LEEMINGA MING ALLEN LEE 0015350 06/16/16 LEWISENG LEWIS ENGRAVING INC. 0015510 06/16/16 LIEBERTC LIEBERT CASSIDY WHITMORE 001 06/16/16 LOOMIS LOOMIS 0014090 06/16/16 LOPEZRIK RIKA LOPEZ 001 06/16/16 LACFIRE LOS ANGELES COUNTY FIRE 001 06/16/16 LACPUBWK LOS ANGELES COUNTY PUBLI 0015554 06/16/16 LACPUBWK LOS ANGELES COUNTY PUBLI 0015554 06/16/16 MAHLKEJE JENNIFER LYNN MAHLKE 0015210 06/16/16 BUTTERFL MARTIN-KILPATRICK IT CO 0015350 06/16/16 MOKKENNE KENNETH MON 0015210 06/16/16 MCC MUNICIPAL CODE CORPORATI 0014030 06/16/16 MUZAKLLC MUZAK LLC 0015333 06/16/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 06/16/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 FACILITY REFUND -DBC FACILITY REFUND -DBC FACILITY CHRGS-DBC LEAGUE MTG-MAY 25 SHERIFF BOOSTER MTG MTG-CPR TRNG ANNL MEMBERSHIP DUES RECREATION REFUND CONTRACT CLASS -SPRING STAMPS-P/WORKS LCW MEMBERSHIP DUES COUIER SVCS -MAY 16 RECREATION REFUND FIRE PROTECTION -16/17 CATCH BASIN CLEAN-OUT CATCH BASIN CLEAN-OUT PLNG COMM-APR/MAY TABLE TENNIS -COMM SVC PING COMM-APR/MAY PUBLICATIONS-C/CLERK SUPPLIES -DBC EQ RENTAL -DBC WATER SUPPLIES -DBC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/16/16 OFFICESO OFFICE SOLUTIONS 0015350 SUPPLIES -RECREATION 0.00 06/16/16 OFFICESO OFFICE SOLUTIONS 0014090 SUPPLIES -GENERAL 0.00 06/16/16 OFFICESO OFFICE SOLUTIONS 0015310 SUPPLIES -COMM SVCS 0.00 06/16/16 OFFICESO OFFICE SOLUTIONS 0014411 SUPPLIES-P/SAFETY 0.00 06/16/16 OFFICESO OFFICE SOLUTIONS 0014050 SUPPLIES -FINANCE 0.00 AMOUNT 577.06 1,023.36 1,200.00 100.00 -90.00 1,210.00 106.86 121.94 147.20 376.02 1,380.75 84.00 3,688.20 265.85 3,720.00 944.66 170.00 7,359.00 5,000.00 1,259.93 6,259.93 130.00 899.99 130.00 2,116.39 4,812.73 12.92 75.98 88.90 751.47 701.69 94.33 106.75 78.45 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 -----DESCRIPTION------ SALES TAX SUPPLIES-PLNG FUND - 001 - GENERAL FUND SUPPLIES -DBC 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION .10100 116871 06/16/16 OFFICESO OFFICE SOLUTIONS 0015210 10100 116871 06/16/16 OFFICESO OFFICE SOLUTIONS 0015333 10100 116871 06/16/16 OFFICESO OFFICE SOLUTIONS 0014090 10100 116871 06/16/16 OFFICESO OFFICE SOLUTIONS 0014060 TOTAL CHECK 0.00 BLDG & SFTY SVCS -APR 0.00 1010D 116872 06/16/16 ONWARDEN ONWARD ENGINEERING 2505510 10100 116873 06/16/16 PANYANNI YANNING PAN 001 10100 116874 06/16/16 PENCOENG PENCO ENGINEERING INC 2505310 1010D 116874 06/16/16 PENCOENG PENCO ENGINEERING INC 2505310 TOTAL CHECK 0.00 FUEL -CODE ENFRCMTN 0.00 10100 116875 06/16/16 PEREVIC VICTORIA PEREZ 001 10100 116876 06/16/16 PRINTDYN PRINTING DYNAMICS INC 0014090 10100 116877 06/16/16 RANAARVI ARVIND RANA 001 10100 116878 06/16/16 RKACONSU RKA CONSULTING GROUP OD1522D 10100 116879 06/16/16 RODERICK SANDY RODERICK 001 10100 116880 06/16/16 ROMEROLU LUZ ROMERO 001 10100 116881 06/16/16 ROSSCREA ROSS CREATIONS 0015350 10100 116882 06/16/16 SALDANAF FABIAN SALDANA 001 10100 116883 06/16/16 SGVCG SAN GABRIEL VALLEY COUNT 0015551 10100 116884 06/16/16 SGVT SAN GABRIEL VALLEY TRIBU 0014030 10100 116885 06/16/16 SCFUELS SC FUELS 5205554 10100 116885 06/16/16 SCFUELS SC FUELS 5205310 10100 116885 06/16/16 SCFUELS SC FUELS 5204090 10100 116885 06/16/16 SCFUELS SC FUELS 5205230 TOTAL CHECK 10100 116886 06/16/16 SCMAF SCMAF 0015350 10100 116887 06/16/16 SIMMONSR RICK LEE SIMMONS 0015340 10100 116888 06/16/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 10100 116889 06/16/16 SMARTFIN SMART & FINAL 0015350 -----DESCRIPTION------ SALES TAX SUPPLIES-PLNG 0.00 SUPPLIES -DBC 0.00 MEMO CREDIT -GENERAL 0.00 SUPPLIES-H/R 0.00 0.00 CONSTR-M/CYN REHAB 0.00 RECREATION REFUND 0.00 PROF.SVCS-PLAN CHECK 0.00 PROF.SVCS-PLAN CHECK 0.00 0.00 RECREATION REFUND 0.00 PRINT SVCS -CERT 0.00 FACILITY REFUND -DHC 0.00 BLDG & SFTY SVCS -APR 0.00 RECREATION REFUND 0.00 RECREATION REFUND 0.00 SOUND SYS -CONCERTS 0.00 FACILITY REFUND -DBC 0.00 TAC MTG-LIU/YOUNG 0.00 SUBSCRIPTION RENEWAL 0.00 FUEL -RD MAINT 0.00 FUEL -COMM SVCS 0.00 FUEL -POOL VEH 0.00 FUEL -CODE ENFRCMTN 0.00 0.00 MEMBERSHIP DUES 0.00 INSTALL CONCRETE POLE 0.00 LAYOUT/FINAL ART-DBCN 0.00 SUPPLIES-VOLUNTEENS 0.00 SUPPLIES -TINY TOTS 0.00 SUPPLIES -SR BINGO 0.00 SUPPLIES -SR BINGO 0.00 SUPPLIES -DAY CAMP 0.00 SUPPLIES -SR BINGO 0.00 E9SbloR A 351.23 422.18 -19.59 18.30 2,504.81 1,104.60 160.00 258.29 525.00 783.29 49.00 1,090.00 700.00 37,424.08 29.00 202.00 750.00 500.00 20.00 443.99 194.97 445.72 108.00 59.35 808.04 310.00 2,500.00 1,765.00 26.68 46.63 90.54 99.82 459.41 232.20 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116869 06/16/16 SMARTFIN SMART & FINAL 0015350 SUPPLIES-DB4 YOUTH 0.00 171.90 TOTAL CHECK 0.00 1,127.18 10100 116690 06/16/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-T/CONTROL 0.00 25.33 10100 116891 06/16/16 SWANKMOT SWANK MOTION PICTURES 0015350 MOVIE RENTALS-CONCERT 0.00 550.00 10100 116892 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-REAGAN/PTRSN 0.00 5,175.80 10100 116892 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-REAGAN/PTRSN 0.00 7,608.31 10100 116892 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-REAGAN/PTRSN 0.00 9,179.74 10100 116892 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-REAGAN/PTRSN 0.00 29,810.81 10100 116892 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-PARKS O.DO 757.20 10100 116692 06/16/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-PARKS 0.00 2,432.80 TOTAL CHECK 0.00 54,964.66 10100 116893 06/16/16 TANAGAN AN TANAG 001 RECREATION REFUND 0.00 202.00 10100 116894 06/16/16 TASC TASC 0014060 FLEX ADMIN SVCS O.OD 100.00 10100 116895 06/16/16 TELEPACI TELEPACIFIC COMKUNICATIO 0014070 T-1 INTERNET SVCS 0.00 871.62 10100 116896 06/16/16 TENSAEWB BINIAM TENSAEW 001 FACILITY REFUND-DBC 0.00 350.00 10100 116897 06/16/16 THEANSWE THE ANSWERBAND INC 0015350 BAND-CONCERTS D.00 1,300.00 10100 116897 V 06/16/16 THEANSWE THE ANSWERBAND INC 0015350 BAND-CONCERTS 0.00 -1,300.00 TOTAL CHECK 0.00 0.00 10100 116898 06/16/16 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTANT SVCS-5/27 0.00 1,785.30 10100 116699 06/16/16 SGVT THE SAN GABRIEL VALLEY N D014090 LEGAL ADS-MAY 2016 0.00 2,445.68 10100 116900 06/16/16 THESTANE THE STANLEY LOUIS COMPAN OD14093 ANNUAL BOILER MAINT 0.00 205.20 10100 116901 06/16/16 WINDMILL THE WINDMILL 0014095 AD-MAY/JUN CONCERTS 0.00 600.00 10100 116902 06/16/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 136.61 10100 116902 06/16/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-DBC 0.00 189.82 10100 116902 06/16/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 381.79 10100 116902 06/16/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 644.68 10100 116902 06/16/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-COPLEY 0.00 1,040.00 TOTAL CHECK 0.00 2,392.90 1010D 116903 06/16/16 HASLERIN TOTAL FUNDS BY HASLER 0014090 FIN CHRGS-POSTAGE 0.00 3.62 10100 116904 06/16/16 TRUEGENE GENEVIEVE TRUE 001 RECREATION REFUND 0.00 390.00 10100 116905 06/16/16 ULINEINC ULINE INC 0014065 SUPPLIES-H/R 0.00 475.2D 10100 116906 06/16/16 UNITEDDA UNITED DATA SERVICES INC 0014070 TAPE STORAGE-MAY 16 0.00 566.50 10100 116907 06/16/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLYM TT PHYS 0.00 310.00 10100 116907 06/16/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLYMNT PHYS 0.00 733.00 r SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX PAGE NUMBER: 7 ACCTPA21 AMOUNT TOTAL CHECK 0.00 1,043.00 10100 116908 06/16/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/17/16-P/R DEDUCTION 0.00 5,517.74 10100 116908 06/16/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/17/16 -LOAN DEDUCTIO 0.00 3,334.21 TOTAL CHECK 0.00 6,851.95 10100 116909 06/16/16 VISIONIN VISION TECHNOLOGY SOLUTI 0014070 SSL CERT -SET UP FEE 0.00 1,095.00 10100 116910 06/16/16 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 995.38 10100 116911 06/16/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 906.67 10100 116911 06/16/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 1,009.79 TOTAL CHECK 0.00 1,916.46 10100 116912 06/16/16 WKEINC NNE INC 0014030 CONSULTANT SVCS -GRANT 0.00 49,363.59 10100 116913 06/16/16 WOLFERAY RAYMOND WALTER WOLFE 0015210 PLNG COMM-APR/MAY 0.00 130.00 10100 116914 06/16/16 WOODJENN JENNIFER WOODBURN 001 FACILITY REFUND-REAGA 0.00 50.00 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COUNCIL 0.00 2,960.10 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM DEV 0.00 2,090.70 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-P/WORKS O.DO 993.60 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-CMGR O.OD 2,049.30 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-SANCHEZ 0.00 275.01 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM SVCS 0.00 331.20 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-I.T. 0.00 372.60 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -GENERAL 0.00 556.57 10100 116915 06/16/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -FINANCE 0.00 144.90 TOTAL CHECK - 0.00 9,773.98 10100 116916 06/16/16 XUTIFFAN TIFFANY XU 001 RECREATION REFUND _ 0.00 170.00 10100 116917 06/16/16 YIPPIKSH PIK SHAN YIP 001 RECREATION REFUND 0.00 204.00 10100 116920 06/23/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY GUARD SVCS 0.00 1,284.40 10100 116920 06/23/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY GUARD SVCS 0.00 1,770.28 TOTAL CHECK 0.00 3,054.68 10100 116921 06/23/16 DRIVERAL ALLIANT INSURANCE SERVIC 001 ANNL CRIME INS 16/17 0.00 1,600.00 10100 116922 06/23/16 AMERICOM AMERICOMP GROUP 0014070 TONERS -PRINTER 0.00 490.23 10100 116923 06/23/16 AMERITEC AMERITECH BUSINESS SYSTE 0014090 COPY SVCS -MAY 2016 0.00 1,813.06 10100 116924 06/23/16 ARCIMAGI ARC IMAGING RESOURCES 0014070 PRINT SVCS -MAY 2016 0.00 14.95 10100 116925 06/23/16 BEARSTAT BEAR STATE AIR CONDITION 0015333 HVAC SVCS -DHC 0.00 773.00 10100 116926 06/23/16 BISHOPJO JOHN E BISHOP 0015350 CONTRACT CLASS -SPRING 0.00 180.60 10100 116927 06/23/16 BLACKMAN HAILE BLACKMAN D01535D BAND -CONCERT 6/22 0.00 1,300.00 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116928 06/23/16 PLAYWELL TIMOTHY DANA BOWEN 0015350 CONTRACT CLASS -SUMMER 0.00 902.40 10100 116929 06/23/16 CDW-G COW GOVERNMENT 0014070 SUPPLIES-I.T. 0.00 286.67 10100 116930 06/23/16 CHONGEN EN CHONG 001 RECREATION REFUND 0.00 340.00 10100 116931 06/23/16 PEREZCM CHRISTIAN MALPICA PEREZ 0015551 REIMB-TANG 0.00 86.40 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-48 0.00 89.91 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-145 0.00 59.40 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-145 0.00 330.00 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-48 0.00 499.50 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-4.8 0.00 9.98 IO1DD 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-465 0.00 9.98 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-104 0.00 10.00 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 14-343 0.00 10.00 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 14-579 0.00 29.93 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2255 0.00 -2,230.11 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2255 0.00 -1,467.18 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-EN 09-656 0.00 210.00 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 - ADMIN FEE -EN 09-656 O.OD 37.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT OD1 ADMIN FEE -EN 09-656 0:00 -37.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 15-2255 0.00 12,389.50 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2255 0.00 1,467.18 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 15-2255 0.00 8,151.00 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PR 15-2255 0.00 2,230.11 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 12-164 0.00 9.96 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-46 0.00 -89.91 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-145 0.00 -59.40 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 14-579 0.00 -5.39 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-343 0.00 -1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 13-465 0.00 -1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 12-164 0.00 -1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-48 0.00 -1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 13-104 0.00 -1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 13-104 0.00 1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 15-48 0.00 - 1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 13-465 0.00 1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 14-343 0.00 1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 12-164 0.00 1.80 10100 116932 06/23/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEE -PL 14-579 0.00 5.39 TOTAL CHECK 0.00 21,659.87 10100 116933 06/23/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-PLAN CHECK 0.00 602.60 10100 116933 06/23/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015551 PROF.SVCS-PLAN CHECK 0.00 97.41 10100 116933 06/23/16 HALLFORE DAVID EVANS AND ASSOCIAT 0015510 PROF.SVCS-PLAN CHECK 0.00 210.00 TOTAL CHECK 0.00 910.01 10100 116934 06/23/16 DBCFOUND DIAMOND BAR COMMUNITY FO 0114010 RUN/WALK 4 KIDS 0.00 1,000.00 10100 116935 06/23/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205554 CAR WASH-P/WORKS 0.00 35.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:D5:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tYanSaCt.Ck_date between '20160616 00:00:00.000' and 120160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ 10100 116935 06/23/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5204090 CAR WASH -POOL VEH 10100 116935 06/23/16 DBHANDCA DIAMOND BAR HAND CAR WAS 5205310 CAR WASH -COMM SVCS TOTAL CHECK 116941 10100 116941 10100 116936 10100 116937 10100 116938 10100 116939 10100 116940 10100 116941 10100 116941 10100 116941 10100 116941 TOTAL CHECK 101DO 116942 10100 116943 10100 116943 10100 116943 10100 116943 1010D 116943 10100 116943 10100 116943 TOTAL CHECK 10100 116944 10100 116945 10100 116946 10100 116947 10100 116948 IO1DD 116949 10100 116950 10100 116951 10100 116952 10100 116953 10100 116953 TOTAL CHECK 06/23/16 YMCA DIAMOND EAR/WALNUT YMCA 1255215 06/23/16 DIANACHO DIANA CHO & ASSOCIATES 2505310 06/23/16 DIRKSJES JESSICA DIRKS 001 06/23/16 DISCWORL DISCOVERY WORLD MONTESSO 001 06/23/16 ECSIMAGI ECS IMAGING INC 0014030 06/23/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 06/23/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 06/23/16 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 06/23/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 06/23/16 FIDELSAL SALLY FIDEL 001 06/23/16 FRONTIER FRONTIER COMMUNICATIONS 0015333 06/23/16 FRONTIER FRONTIER COMMUNICATIONS 0015340 06/23/16 FRONTIER FRONTIER COPMUNICATIONS 0014030 06/23/16 FRONTIER FRONTIER COMMUNICATIONS 0015340 06/23/16 FRONTIER FRONTIER COMMUNICATIONS OD14093 06/23/16 FRONTIER FRONTIER COMMUNICATIONS OD14090 06/23/16 FRONTIER FRONTIER COMMUNICATIONS OD14090 06/23/16 GARCIMAR MARGE GARCIA 001 06/23/16 GOVIS GOVIS LLC 0014030 06/23/16 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 06/23/16 HARKINST HARKINS THEATRE 0015350 06/23/16 IMPACTSI IMPACT SIGNS 1155515 06/23/16 JIANGXUJ XU JIAO JIANG 001 06/23/16 KESHAVRA RAKSHA KESHAV 001 06/23/16 LERMAMEG MEGFAN LERMA 001 06/23/16 LOPEZALF ALFA LOPEZ 001 06/23/16 LACMTA LOS ANGELES COUNTY MTA 1125553 06/23/16 LACMTA LOS ANGELES COUNTY MTA 1125553 CDBG PROG-YMCA/DAY CP CDBG SVCS -MINI PARKS FACILITY REFUND -DBC FACILITY REFUND -DBC LASERFICHE LICENSES EXPRESS MAIL-PL16-28 EXPRESS MAIL-PL15-321 EXPRESS MAIL -GENERAL EXPRESS MAIL-PLIS-144 FACILITY REFUND -DBC PH.SVCS'-DBC PH.SVCS-HERITAGE ALEN PH.SVCS-CMGR FAX PH.SVCS-HERITAGE FAX PH.SVCS-C/HALL E/ALAR PH.SVCS-HERITAGE PH.SVCS-SRST CHI FACILITY REFUND -DSC DEV SVCS -CMS INS MDLE GRAFFITI REMOVAL SVCS EXCURSION -DAY CAMP PRINT SVCS -DECALS RECREATION REFUND FACILITY REFUND -DBC FACILITY REFUND-PNTRA RECREATION REFUND MTA PASSES -MAY 2016 CITY SUBSIDY -MAY 2016 PAGE NUMBER: 9 ACCTPA21 SALES TAX AMOUNT 0.00 0.00 109.92 0.00 84.97 14.99 0.00 0.00 159.91 159.02 0.00 0.00 650.24 0.00 784.44 1,517.00 0.00 0.00 100.00 400.00 0.00 0.00 500.00 0.00 2,912.00 13,200.00 0.00 0.00 41.32 1,275.30 0.00 0.00 41.32 0.00 1,110.00 20.66 0.00 0.00 20.66 150.00 0.00 0.00 123.96 0.00 395.00 550.00 0.00 0.00 348.85 0.00 55.35 0.00 84.97 0.00 94.03 0.00 159.02 0.00 174.54 0.00 784.44 0.00 1,701.20- 0.00 400.00 0.00 3,000.00 0.00 2,912.00 0.00 400.00 0.00 1,275.30 0.00 645.00 0.00 1,110.00 0.00 100.00 0.00 150.00 0.00 1,517.00 0.00 395.00 0.00 1,912.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND EAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME PAGE NUMBER: 10 ACCTPA21 FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116954 06/23/16 LACPUBWK LOS ANGELES COUNTY PUBLI 0015340 SUMP PUMP MAINT-MAY 0.00 234.08 10100 116955 06/23/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR PROG-APR 0.00 8,173.33 10100 116955 06/23/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS -APR 0-.00 466,228.86 10100 116955 06/23/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 HELICOPTER SVCS -MAR 0.00 486.54 10100 116955 06/23/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 ST SWEEPER -APR 0.00 699.61 10100 116955 06/23/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL -APR 0.00 7,591.24 TOTAL CHECK 0.00 483,179.58 10100 116956 06/23/16 POSTNET LW POSTNET INC 1155515 PRINT SVCS-S/GRDNG 0.00 109.00 10100 116957 06/23/16 MARUCAJO JOYCE MARUCA 001 FACILITY REFUND -DSC 0.00 350.00 10100 116958 06/23/16 MERCHANT MERCHANTS BUILDING MAINT 0015333 WINDOW CLEANING -DHC 0.00 2,470.00 10100 116959 06/23/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 HELIUM -PARKS 0.00 68.00 10100 116959 06/23/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 CYLINDER ARGON 0.00 8.00 TOTAL CHECK 0.00 76.00 10100 116960 06/23/16 MONKBERN BERNICE MONK 001 FACILITY REFUND -DBC 0.00 850.00 10100 116961 06/23/16 MSOFCH MONTESSORI SCHOOL OF CHI 001 FACILITY CHRGS-DHC 0.00 -68.00 10100 116961 06/23/16 MSOFCH MONTESSORI SCHOOL OF CHI 001 FACILITY REFUND -DHC 0.00 500.00 TOTAL CHECK 0.00 432.00 10100 116962 06/23/16 MOONLIGH MOONLIGHT PRESS 0015210 PRINT SVCS -COMM DEV 0.00 348.80 10100 116963 06/23/16 NGUYENLI LIEN NGUYEN 001 RECREATION REFUND 0.00 160.00 10100 116964 06/23/16 NIERRASM MYRH LEE NIERRAS 001 FACILITY REFUND -DBC 0.00 100.00 10100 116965 06/23/16 NINYOMOO NINYO & MOORE INC 001 ADMIN FEE -PR 15-966 0.00 302.22 10100 116965 06/23/16 NINYOMOO NINYO & MOORE INC 001 ADMIN FEE -PR 15-966 0.00 -302.22 10100 116965 06/23/16 NINYOMOO NINYO & MOORE INC 001 PROF.SVCS-PR 15-966 0.00 1,679.00 TOTAL CHECK 0.00 1,679.00 10100 116966 06/23/16 PACWESTA PACWEST AIR FILTER LLC 0015333 MAINT SVCS -DBC 0.00 343.24 10100 116966 06/23/16 PACWESTA PACWEST AIR FILTER LLC 0014093 MAINT SVCS-C/HALL 0.00 515.19 TOTAL CHECK 0.00 858.43 10100 116967 06/23/16 PENCOENG PENCO ENGINEERING INC 0015551 PROF.SVCS-PLAN CHECK 0.00 330.49 10100 116967 06/23/16 PENCOENG PENCO ENGINEERING INC 0015551 PROF.SVCS-PLAN CHECK 0.00 238.61 10100 116967 06/23/16 PENCOENG PENCO ENGINEERING INC 0015551 PROF.SVCS-PLAN CHECK 0.00 1,126.43 TOTAL CHECK 0.00 11695.53 10100 116968 06/23/16 POSTRUTH RUTH POST 001 RECREATION REFUND 0.00 161.00 10100 116969 06/23/16 PSI PROTECTION ONE INC 0015340 ALARM SVCS-S/CYN 0.00 45.24 10100 116969 06/23/16 PSI PROTECTION ONE INC 0015340 ALARM SVCS -HERITAGE 0.00 116.51 10100 116969 06/23/16 PSI PROTECTION ONE INC 0015333 ALARM SVCS -DBC 0.00 43.54 10100 116969 06/23/16 PSI PROTECTION ONE INC 0014093 ALARM SVCS -CITY HALL 0.00 83.55 SUNGARD PENTAMATION INC PAGE NUMBER: 11 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20160616 00:00:00.000' and 120160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 288.84 10100 116970 06/23/16 PYROCOMM PYRO COMM SYSTEMS INC 0015333 MAINT SVCS -DBC 0.00 235.00 10100 116970 06/23/16 PYROCOMM PYRO COMM SYSTEMS INC 0015333 MAINT SVCS -DBC 0.00 534.05 TOTAL CHECK 0.00 769.05 10100 116971 06/23/16 REGIONAL REGIONAL CHAMBER OF COMM 0014096 SERVICE CONTRACT -MAY 0.00 1,000.00 10100 116972 06/23/16 RISC REGIONAL TAP SERVICE CEN 1125553 CITY SUBSIDY -MAY 2016 0.00 3,798.60 10100 116972 06/23/16 RISC REGIONAL TAP SERVICE CEN 1125553 TAP SVCS -MAY 2016 0.00 14,622.20 10100 116972 06/23/16 RISC REGIONAL TAP SERVICE CEN 1125553 COMMISSION -MAY 2016 0.00 -542.43 10100 116972 06/23/16 RISC REGIONAL TAP SERVICE CEN 1125553 REFUND -MAY 2016 0.00 -340.00 TOTAL CHECK 0.00 17,538.57 10100 116973 06/23/16 ROSSCREA ROSS CREATIONS 0015350 SOUND SYS -CONCERT 0.00 750.00 10100 116974 06/23/16 ROSSCREA ROSS CREATIONS 0015350 SOUND SYS -JULY 4TH 0.00 700.00 10100 116975 06/23/16 SCFUELS SC FUELS 5205310 FUEL -COMM SVCS 0.00 331.47 10100 116975 06/23/16 SCFUELS SC FUELS 5205230 FUEL -CODE ENFOR 0.00 115.11 10100 116975 06/23/16 SCFUELS SC FUELS 5204090 FUEL -POOL VEH 0.00 202.36 101D0 116975 06/23/16 SCFUELS SC FUELS 5205554 FUEL -RD MAINT 0.00 255.21 TOTAL CHECK 0.00 904.15 10100 116976 06/23/16 SHENCHIY CHI YU SHEN 001 RECREATION REFUND 0.00 160.00 10100 116977 06/23/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 136.51 10100 116977 06/23/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 26.86 10100 116977 06/23/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 27.00 10100 116977 06/23/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 27.30 10100 116977 06/23/16 SCE SOUTHERN CALIFORNIA EDIS 0015340 ELECT SVCS-T/CONTROL 0.00 29.71 TOTAL CHECK 0.00 247.38 10100 116978 06/23/16 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS -SPRING 0.00 3,928.40 10100 116979 06/23/16 SCGAS THE GAS COMPANY 0015333 GAS SVCS -DBC 0.00 1,001.24 10100 116979 06/23/16 SCGAS THE GAS COMPANY 0015340 GAS SVCS -HERITAGE 0.00 51.38 10100 116979 06/23/16 SCGAS THE GAS COMPANY 0014093 GAS SVCS -CITY HALL 0.00 982.81 TOTAL CHECK 0.00 2,035.43 10100 116980 06/23/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 BANNERS -JULY 4TH D.00 1,773.15 101D0 116980 06/23/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS -CONCERTS 0.00 327.00 101D0 116980 06/23/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 BANERS-TEEN N/OUT 0.00 518.30 TOTAL CHECK 0.00 2,618.45 10100 116981 06/23/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS -T -LOMB 0.00 1,045.00 10100 116982 06/23/16 TISDOMED EDUIGE M TISDOM 001 FACILITY REFUND -DBC 0.00 1,200.00 10100 116982 06/23/16 TISDOMED EDUIGE M TISDOM 001 FACILITY CHRGS-DBC 0.00 -66.75 TOTAL CHECK 0.00 1,133.25 10100 116983 06/23/16 TRANS TRANS SERVICE GROUP INC 0014093 MAINT SVCS -HVAC SYS 0.00 1,437.26 SUNGARD PENTAMATION INC PAGE NUMBER: 12 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116984 06/23/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PRE-EMPLYM TT PHYSICAL 0.00 423.00 10100 116985 06/23/16 NARCISOE EVARISTA NARCISO 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 116986 06/23/16 VISIONIN VISION TECHNOLOGY SOLUTI 0014070 MONTHLY HOSTING SVCS 0.00 180.00 10100 116987 06/23/16 WALNUTHS WALNUT HIGH SCHOOL 001 FACILITY REFUND-DBC 0.00 325.50 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-CITY HALL 0.00 586.06 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 0015340 WATER SVCS-PARKS 0.00 19,991.68 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS-DBC 0.00 366.76 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 3,604.29 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 7,170.82 10100 116988 06/23/16 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 7,970.43 TOTAL CHECK 0.00 39,890.04 10100 116989 06/23/16 WAXIESAN WAXIE SANITARY SUPPLY 0015340 SUPPLIES-PARKS 0.00 590.50 10100 116989 06/23/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 993.61 TOTAL CHECK 0.00 1,584.11 10100 116990 06/23/16 WESTONDA DANIEL JOSEPH WESTON 0015350 CONTRACT CLASS-WINTER 0.00 54.00 10100 116991 -06/23/16 WONGTHOM THOMAS WONG 0015350 CONTRACT CLASS-SUMMER 0.00 240.00 10100 116992 06/23/16 WRIGHTP PAUL WRIGHT 0014090 A/V SVCS-CNCL MTG 0.00 325.00 10100 116993 06/23/16 YANGLEI LEI YANG 001 REFUND-PL 2015-512 0.00 2,184.84 10100 116995 06/30/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR 14-948 0.00 - 119.70 10100 116995 06/30/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR 14-948 0.00 -119.70 10100 116995 06/30/16 ADVANTEC ADVANTEC CONSULTING ENGI 0015551 ENG SVCS-ON CALL 0.00 180.00 10100 116995 06/30/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 PROF.SVCS-PR 14-948 0.00 665.00 TOTAL CHECK 0.00 845.00 10100 116996 06/30/16 AMIRAZOD GHOLAM R AMIRAZODI 0015510 CONSULTANT SVCS-6/17 0.00 2,961.00 10100 116997 06/30/16 13ARRETTT THOMAS BARRETT 0015350 CONTRACT CLASS-WINTER 0.00 150.00 10100 116998 06/30/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 ADDL MAINT-REAGAN PK 0.00 413.01 10100 116998 06/30/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 LANDSCAPE MAINT-DBC 0.00 5,645.47 10100 116998 06/30/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015340 LANDSCAPE MAINT-PARKS 0.00 25,504.11 TOTAL CHECK 0.00 31,562.59 10100 116999 06/30/16 CPRS CA PARK & RECREATION SOC 0015350 ANNL MEMBRSHP DUES 0.00 1,060.00 10100 116999 06/30/16 CPRS CA PARK & RECREATION SOC 0015310 ANNI, MEMBRSHP DUES 0.00 1,070.00 TOTAL CHECK 0.00 2,130.00 10100 117000 06/30/16 CAWATERS CALIFORNIA WATERS LLC 0015333 MAINT SVCS-DBC 0.00 2,350.00 10100 117001 06/30/16 CAMARACH RACHEL CAMARENA 001 FACILITY REFUND-S/CYN 0.00 50.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and 120160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO 10100 117002 10100 117003 10100 117004 10100 117004 TOTAL CHECK 10100 117005 10100 117005 TOTAL CHECK 10100 117006 10100 117007 10100 117008 10100 117009 10100 117010 10100 117011 10100 117012 10100 117013 10100 117014 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 10100 117015 TOTAL CHECK 10100 117016 10100 117017 10100 117018 ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ 06/30/16 CHENCHIH CHIN LING CHEN 001 RECREATION REFUND 06/30/16 CURRYTOM TOM CURRY 0015350 BAND -CONCERT IN PARK 06/30/16 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS-DECORAH 06/30/16 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS -MAY 2016 06/30/16 DENNISCA CAROL A DENNIS 0014030 06/30/16 DENNISCA CAROL A DENNIS 0015210 06/30/16 DUNNSFEN DUNN'S FENCE COMPANY 0015340 06/30/16 EMERALD EMERALD LANDSCAPE SERVIC 0015230 06/30/16 FORDMILL MILLIE FORD 001 06/30/16 GIANNINI THOMAS GIANNINI 001 06/30/16 HANHAKSU HAKSU HAN 001 06/30/16 HINDERLI HINDERLITER DE LLAMAS & 0014096 06/30/16 HUANGUYE NGUYEN HUA 001 06/30/16 IGLESIAS VERONICA IGLESIAS 001 06/30/16 INLANDEM INLAND EMPIRE STAGES 1125350 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. 1001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 06/30/16 KAUAHARP HARPREET KAUR 001 06/30/16 KLEINGAB GABRIELA KLEIN 0015350 06/30/16 KLEINLIZ LIZBETH KLEIN 0015350 PROF.SVCS-CNCL MSG PROF.SVCS-PLNG COMM TEMP RENTAL -CHAIN INK WEED ABATEMENT FACILITY REFUND -DBC RECREATION REFUND FACILITY REFUND-REAGA ECONOMIC DEV SVCS FACILITY REFUND-S/CYN RECREATION REFUND TRANS -ADULT EXCURSION ADMIN FEE -PR 15-2255 ADMIN FEE -PR 14-1701 ADMIN FEE -PR 15-281 ADMIN FEE -PR 14-3687 ADMIN FEE -PR 14-3687 ADMIN FEE -PR 15-2255 PROF.SVCS-PR 15-281 ADMIN FEE -PR 15-281 PROF.SVCS-PR 14-3687 PROF.SVCS-PR 16-406 ADMIN FEE -PR 14-1701 PROF.SVCS-STORMWATER PROF.SVCS-PR 15-2255 PROF.SVCS-PR 14-1701 FACILITY REFUND -DBC CONTRACT CLASS -SUMMER CONTRACT CLASS -SUMMER SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1-30rol am, .00 .00 .00 .DO .00 .OD AD .OD .00 .00 .00 .00 .00 .00 .00 163 of 0.00 I Me PAGE NUMBER: 13 ACCTPA21 AMOUNT 397.00 1,500.00 1,206.83 9,508.00 10,714.83 200.00 25.00 225.00 1,839.50 1,074.00 100.00 160.00 50.00 6,900.00 50.00 134.00 790.50 -145.80 -97.20 -60.75 -11.25 11.25 145.80 337.50 60.75 62.50 67.50 97.20 3,550.00 810.00 540.00 5,367.50 G}YO6L: 705.60 99.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 -----DESCRIPTION------ FUND - 001 - GENERAL FUND RECREATION REFUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117019 06/30/16 KWOKBRAN BRANDON KWOK 001 10100 117020 06/30/16 LANDSEND LANDS' END BUSINESS OUTF 0015350 10100 117021 06/30/16 LEELILY LILY LEE 001 10100 117022 06/30/16 LEWISENG LEWIS ENGRAVING INC. 0014090 10100 117023 06/30/16 LIMMICHA MICHAELA LIM 001 10100 117024 06/30/16 LINTIFFA TIFFANY LIN 001 10100 117024 06/30/16 LINTIFFA TIFFANY LIN 001 TOTAL CHECK 0.00 SUPPLIES -HELIUM 10100 117025 06/30/16 THEKOSMO KOSMONT & ASSOCIATES, IN 0014096 10100 117026 06/30/16 POSTNET LW POSTNET INC 1155515 10100 117027 06/30/16 MACPHERS YVONNE MACPHERSON 001 10100 117027 06/30/16 MACPHERS YVONNE MACPHERSON 001 TOTAL CHECK RECREATION. REFUND 0.00 10100 117028 06/30/16 MIGLIACC RENATO MIGLIACCIO 0015350 10100 117029 06/30/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 10100 117029 06/30/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 TOTAL CHECK O.OD 10100 117030 06/30/16 MORALESE EDA MORALES 001 10100 117031 06/30/16 NALAMLIA MICHAELA NALAMLIANG 001 10100 117032 06/30/16 NEMARAJA RAJAA NEMA 001 10100 117033 06/30/16 NINYOMOO NINYO & MOORE INC 001 10100 117034 06/30/16 PUBLICFI PUBLIC FINANCE STRATEGIE 0014030 10100 117035 06/30/16 REVENUEC REVENUE & COST SPECIALIS 0014050 10100 117036 D6/30/16 RODERICK SANDY RODERICK 001 10100 117037 06/30/16 SEESUSAN SUSAN SEE 001 10100 117038 06/30/16 SHETHPRA PRAKASH SHETH 001 10100 117039 06/30/16 SILVERAD SILVERADO STAGES INC 1125350 10100 117039 06/30/16 SILVERAD SILVERADO STAGES INC 1125350 TOTAL CHECK 10100 117040 06/30/16 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015558 -----DESCRIPTION------ SALES TAX RECREATION REFUND 0.00 SUPPLIES-REC STAFF 0.00 RECREATION REFUND 0.00 CITY TILES/BADGES 0.00 FACILITY REFUND-REAGA 0.00 RECREATION REFUND 0.00 RECREATION REFUND 0.00 0.00 'PROF.SVCS-ECO DEV 0.00 PRINT SVCS -SMART GROW 0.00 FACILITY REFUND -DBC O.OD FACILITY CHRGS-DBC O.OD O.OD CONTRACT CLASS -SUMMER 0.00 PARTS -PARKS 0.00 SUPPLIES -HELIUM 0.00 0.00 FACILITY REFUND-PNTRA 0.00 FACILITY REFUND-PNTPA 0.00 RECREATION REFUND 0.00 PROF.SVCS-PR 16-406 0.00 PRE-ELECTION SVCS 0.00 PROF.SVCS-FEE STUDY 0.00 RECREATION. REFUND 0.00 RECREATION REFUND 0.00 FACILITY REFUND -DHC 0.00 SHUTTLE SVCS -CONCERT 0.00 SHUTTLE SVCS -CONCERT 0.00 0.00 WEED AND LITTER REMVL O.OD PAGE NUMBER: 14 ACCTPA21 AMOUNT 103.60 1,174.49 114.00 126.66 50.00 62.00 243.00 305.00 383.50 133.09 1,050.00 -110.00 940.00 93.60 21.52 837.64 859.16 50.00 100.00 104.00 1,080.00 23,850.00 6,500.00 33.00 30.00 500.00 750.00 2,250.00 3,000.00 2, 181. D4 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tTanSaCt.Ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND ELECT SVCS -CITY HALL CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117041 06/30/16 SCE SOUTHERN CALIFORNIA EDIS 0014093 10100 117042 06/30/16 SCM SOUTHERN CALIFORNIA MUNI 0015350 10100 117043 06/30/16 SWANKMOT SWANK MOTION PICTURES 0015350 10100 117043 06/30/16 SWANKMOT SWANK MOTION PICTURES 0015350 TOTAL CHECK 0.00 10100 117044 06/30/16 TENSAEWB BINIAM TENSAEW 001 10100 117044 06/30/16 TENSAEWB SINIAM TENSAEW 001 TOTAL CHECK WVP NEEDS ASSESSMNT 0.00 10100 117045 06/30/16 THEANSWE THE ANSWER13AND INC 0015350 10100 117046 06/30/16 THEWORKT THE WORKTHREAT GROUP LLC 0014065 101D0 117046 06/30/16 THEWORKT THE WORKTEREAT GROUP LLC 0014065 10100 117046 06/30/16 THEWORKT THE WORKTHREAT GROUP LLC 0014060 TOTAL CHECK 0.00 10100 117047 06/30/16 THOMSONW THOMSON WEST 0014030 10100 117048 06/30/16 TRIFYTTS TRIFYTT SPORTS LLC 0015350 10100 117049 06/30/16 TRUSTWAV TRUSTWAVE HOLDINGS INC 0014070 10100 117050 06/30/16 TSENGGEO GEORGE TSENG 001 10100 117051 06/30/16 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 10100 117052 06/30/16 ULINEINC ULINE INC 1155515 10100 117053 06/30/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 10100 117054 06/30/16 WESTCOAS WEST COAST ARBORISTS INC 0015556 10100 117054 06/30/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 10100 117054 06/30/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 TOTAL CHECK 10100 117055 06/30/16 WHITEWIL WILLIAM WHITE 001 10100 117056 06/30/16 WYSEELLE ELLEN WYSE 001 10100 117058 07/01/16 CAPRCBM CAPRCBM 0015310 10100 117059 07/01/16 DELTACP.R DELTA CARE PMI 001 10100 117060 07/01/16 DELTADEN DELTA DENTAL 001 10100 117061 07/01/16 DISNEYLA DISNEY DESTINATIONS, LLC 0015350 10100 117062 07/01/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 -----DESCRIPTION------ SALES TAX ELECT SVCS -CITY HALL 0.00 CONTRACT CLASS INS 0.00 MOVIE RENTALS -CONCERT 0.00 MOVIE RENTALS -CONCERT 0.00 0.00 FACILITY REFUND -DBC 0.00 FACILITY CHRGS-DBC 0.00 0.00 BAND -CONCERT IN PARK 0.00 WVP NEEDS ASSESSMNT 0.00 WVP NEEDS ASSESSMNT 0.00 WVP NEEDS ASSESSMNT 0.00 0.00 CODE UPDATES-C/CLERK O.OD CONTRACT CLASS -SUMMER 0.00 M86 SUBSCRIPTION RNWL 0.00 RECREATION REFUND 0.00 CONTRACT CLASS -SUMMER 0.00 SHARPS CONTAINERS 0.00 SUPPLIES -CITY HALL 0.00 TREE MAINT-MAY 16 0.00 ARBORIST SVCS -MAY 16 0.00 TREE WATERING -MAY 16 0.00 0.00 RECREATION REFUND 0.00 RECREATION REFUND 0.00 ANNL DUES-JUL-JUN 17 0.00 JUL 16 -HMO DENTAL PRE 0.00 JUL 16 -DENTAL PREMIUM 0.00 EXCURSION -DAY CAMP 0.00 LEGISLATIVE SVCS-JUL 0.00 PAGE NUMBER: 15 ACCTPA21 AMOUNT 13,017.08 371.00 500.00 500.00 1,000.00 500.00 -51.00 449.00 1,300.00 1,200.00 2,300.00 3,500.00 7,000.00 569.07 792.00 4,304.60 325.00 480.00 142.59 962.87 5,804.20 2,040.60 699.00 8,543.80 39.00 120.00 225.00 262.24 4,375.16 9,501.00 3.000.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:DD:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND EXCURSION -DAY CAMP 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117063 07/D1/16 LAMIRADA LA MIRADA SPLASH 0015350 10100 117064 07/01/16 MANAGEDH MANAGED HEALTH NETWORK OD1 10100 117065 07/01/16 MOBILERE MOBILE RELAY ASSOCIATES 0014440 10100 117066 07/01/16 SGVCG SAN GABRIEL VALLEY COUNC 0014030 10100 117066 07/01/16 SGVCG SAN GABRIEL VALLEY COUNC 1125553 TOTAL CHECK EXCURSION -DAY CAMP 0.00 MEMBERSHIP DUES-P/INF 10100 117067 07/01/16 STANDARD STANDARD INSURANCE COMPA 001 10100 117067 07/01/16 STANDARD STANDARD INSURANCE COMPA 001 10100 117067 07/01/16 STANDARD STANDARD INSURANCE COMPA 001 TOTAL CHECK FACILITY REFUND -DBC 0.00 10100 117068 07/01/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10100 117068 07/01/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 TOTAL CHECK 0.00 0.00 10100 117069 07/01/16 WDSMP WALT DISNEY STUDIOS MOTI 0015350 10100 117070 07/D7/16 3CMA 3CMA 0014095 10100 117071 07/07/16 4IMPRINT 4IMPRINT INC 0014095 10100 117072 07/07/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 117073 07/07/16 AFLAC AFLAC 001 10100 117074 07/07/16 AMERICAS AMERICAN CAB LLC 1135553 10100 117075 07/07/16 AREAD AREA D 0014440 10100 117076 07/07/16 BARDUNIA MELISSA BARDUNIAS 001 10100 117076 07/07/16 BARDUNIA MELISSA BARDUNIAS 001 TOTAL CHECK 10100 117077 07/07/16 13ARELASE SELINA BARELA 001 10100 117078 07/07/16 BAXTERSF BAXTER'S FRAME WORKS AND 0014095 10100 117079 07/07/16 EVERGREE ROBYN A BECKWITH 0015340 10100 117079 07/07/16 EVERGREE ROBYN A BECKWITH 0015333 TOTAL CHECK 10100 117080 07/07/16 BESTBAGC BEST BAG COMPNAY 1155515 10100 117081 07/07/16 BESTLTG BEST LIGHTING PRODUCTS 0014093 10100 117062 07/07/16 BLACKBOA BLACKBOARD INC 0014440 10100 117083 07/07/16 BRANSONK KAREN BRANSON 001 -----DESCRIPTION------ SALES TAX EXCURSION -DAY CAMP 0.00 JUL 16 -EAP PREMIUMS 0.00 REPEATER SVCS-JUL 16 0.00 ANNL DUES -FY 16/17 0.00 ANNL DUES -FY 16/17 0.00 0.00 JUL 16-STD/LTD 0.00 JUL 16-SUPP LIFE INS 0.00 JUL 16 -LIFE INS PREM 0.00 0.00 7/1/16 -LOAN DEDUCTION 0.00 7/1/16-P/R DEDUCTION 0.00 0.00 EXCURSION -DAY CAMP 0.00 MEMBERSHIP DUES-P/INF 0.00 PROMO ITMES-P/INFO 0.00 SECURITY GUARD SVCS 0.00 JUN 16-SUPP INS PREM 0.00 DIAMOND RIDE SVCS -MAY 0.00 MEMBERSHIP DUES -15/16 0.00 FACILITY REFUND -DHC 0.00 FACILITY REFUND -DBC 0.00 0.00 FACILITY REFUND-S/CYN 0.00 PLAQUE-P/INFO 0.00 PLANT SVCS -PARKS 0.00 PLANT SVCS -DBC 0.00 0.00 DOGGIE BAGS -PARKS 0.00 MONTHLY MAINT-C/HALL O.OD ANNL RENEWAL -ALERT BY 0.00 RECREATION REFUND 0.00 PAGE NUMBER: 16 ACCTPA21 AMOUNT 1,562.40 134.40 78.75 5,000.00 18,850.91 23,850.91 2,055.85 471.00 979.93 3,506.78 3,165.37 45,237.45 48,402.82 1,586.00 830.00 979.80 912.60 1,766.80 23,682.00 2,790.95 170.00 16.90 185.90 50.00 371.41 135.00 177.00 312.00 936.60 85.00 31,583.00 86.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX PAGE NUMBER: 17 ACCTPA21 Ifl5914U111 10100 117084 07/07/16 BREAUXKA KATHY BREAUX 0015350 CONTRACT CLASS -SUMMER 0.00 97.20 10100 117085 07/07/16 CAWATERS CALIFORNIA WATERS LLC 0015333 MONTHLY MAINT-JUL 0.00 380.00 10100 117086 07/07/16 CDW-G CDW GOVERNMENT 0014070 SUPPLIES-I.T. 0.00 280.94 10100 117087 07/07/16 CHARTER CHARTER OAK GYMNASTICS, 0015350 CONTRACT CLASS -BUMMER 0.00 324.00 10100 117088 07/07/16 COLDDUCK COLD DUCK PRODUCTIONS IN 0015350 BAND FOR 4TH OF JULY B 0.00 4,300.00 10100 117089 07/07/16 CMTA CTMA 0014050 CMTA DUES -FY 16/17 0.00 195.00 10100 117090 07/07/16 DENNISCA CAROL A DENNIS 0015310 PROF.SVCS-P & R COMM 0.00 125.00 10100 117091 07/07/16 DMPR4LLC DMPR 4 LLC 0014030 STORAGE RENTAL-JUL 0.00 1,522.00 10100 117092 07/07/16 EXECUTIV EXECUTIVE PROMOTIONAL PR 0014095 PROMO ITEMS-P/INFO 0.00 1,189.41 10100 117092 07/07/16 EXECUTIV EXECUTIVE PROMOTIONAL PR 0014095 PROMO ITEMS-P/INFO 0.00 800.50 TOTAL CHECK 0.00 1,989.91 10100 117093 07/07/16 FRONTIER FRONTIER COMMUNICATIONS 0014090 PH.SVCS-HERITAGE 0.00 176.66 10100 117093 07/07/16 FRONTIER FRONTIER COMMUNICATIONS 0014090 PH.SVCS-SRST 0.00 151.60 10100 117093 07/07/16 FRONTIER FRONTIER COMMUNICATIONS 0015333 PH.SVCS-DBC EMER 0.00 349.71 TOTAL CHECK - 0.00 677.99 10100 117094 07/07/16 GAILMATE GAIL MATERIALS 0015556 SUPPLIES -HERITAGE PK 0.00 777.60 10100 117095 07/07/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 ASSOCIATION DUES-JUL 0.00 1,601.00 10100 117095 07/07/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 CAPITAL CONTRIBUTION 0.00 184.00 TOTAL CHECK 0.00 1,785.00 10100 117096 07/07/16 GOMEZTRE MARTHA GOMEZTREJO 001 FACILITY REFUND -DHC 0.00 850.00 10100 117097 07/07/16 GONZALOH HEIDI GONZALO 001 RECREATION REFUND 0.00 547.00 10100 117098 07/07/16 HERDRASH RASHEEDAH HERD 001 RECREATION REFUND 0.00 101.00 10100 117099 07/07/16 HERNCIND CINDY HERNANDEZ 001 FACILITY REFUND -DBC 0.00 700.00 10100 117099 07/07/16 HERNCIND CINDY HERNANDEZ 001 FACILITY REFUND -DBC 0.00 300.00 TOTAL CHECK 0.00 1,000.00 10100 117100 07/07/16 HOPSCOTC HOPSCOTCH PRESS INC 0014095 AD -DBC FY 16/17 0.00 2,000.00 10100 117101 07/07/16 HUALINH LINA HUA 001 RECREATION REFUND 0.00 104.00 10100 117102 07/07/16 KHANAMIN AMINA KHAN 001 RECREATION REFUND 0.00 84.00 10100 117103 07/07/16 LIUCHEZ CHEZ LIU 001 RECREATION REFUND 0.00 40.00 10100 117104 07/07/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR PROG-MAY 2016 0.00 8,173.33 10100 117104 07/07/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS -MAY 16 0.00 466,336.85 SUNGARI PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:D5:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 117104 07/07/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 10100 117104 07/07/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 TOTAL CHECK 0.00 VEGETATION CONTROL 0.00 10100 117105 07/07/16 LOWES LOWE'S BUSINESS ACCOUNT 0015350 10100 117106 07/07/16 MADSCIEN MAD SCIENCE CORP 0015350 10100 117107 07/07/16 ROAMARSH MARSHA ROA OD14095 10100 117108 07/07/16 MCECORPO MCE CORPORATION 0015554 101D0 117108 07/07/16 MCECORPO MCE CORPORATION 0015554 10100 117108 07/07/16 MCECORPO MCE CORPORATION 0015554 TOTAL CHECK CONSULTANT SVCS -JUN 0.00 CONSULTANT SVCS -JUN 10100 117109 07/07/16 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 10100 117110 07/07/16 NEAD HEAD LLC 0014095 10100 117111 07/07/16 PANSURIA KIRIT PANSURIA 001 10100 117112 07/07/16 PINEDALI LIZETTE PINEDA 0015350 10100 117113 07/07/16 PTSINC PROFESSIONAL TURF SPECIA 0015556 10100 117114 07/07/16 PUBLICST PUBLIC STORAGE #23051 0014030 10100 117115 07/07/16 PYROSPEC PYRO SPECTACULARS INC 0015350 101D0 117116 07/07/16 QUIROSBA BARBARA QUIROS 001 1010D 117116 07/07/16 QUIROSBA BARBARA QUIROS 001 TOTAL CHECK 10100 117117 07/07/16 RAMIREZL MARINA RAMIREZ LOPEZ 001 10100 117118 07/07/16 RODRGUAD GUADALUPE D RODRIGUEZ 0014095 10100 117118 07/07/16 RODRGUAD GUADALUPE D RODRIGUEZ 0014411 TOTAL CHECK 10100 117119 07/07/16 ROSSCREA ROSS CREATIONS 0015350 10100 117120 07/07/16 SCFUELS SC FUELS 5205230 10100 117120 07/07/16 SCFUELS SC FUELS 5204090 10100 117120 07/07/16 SCFUELS SC FUELS 5205554 10100 117120 07/07/16 SCFUELS SC FUELS 5205310 TOTAL CHECK 10100 117121 07/07/16 SIMMONSR RICK LEE SIMMONS 0015333 10100 117122 07/07/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 117122 07/07/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 117122 07/07/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 -----DESCRIPTION------ SALES TAX ST SWEEPER SVCS -MAY 0.00 CALVARY CHAPEL -MAY 16 0.00 0.00 SUPPLIES -ROSE RETRMT 0.00 CONTRACT CLASS -SUMMER 0.00 REIMB-SUPPLIES 0.00 STORM DRAIN MAINT 0.00 RIGHT OF WAY MAINT 0.00 VEGETATION CONTROL 0.00 0.00 BULBS/BATTERIES RECYC 0.00 SMRTPHN APP-JUL-SEPT 0.00 FACILITY REFUND -DBC 0.00 CONTRACT CLASS -SUMMER 0.00 MAINT SVCS -HERITAGE 0.00 STORAGE RENTAL-JUL 0.00 FIREWORKS -4TH OF JULY 0.00 FACILITY REFUND -DSC 0.00 FACILITY REFUND -DBC 0.00 0.00 FACILITY REFUND -DBC 0.00 CONSULTANT SVCS -JUN 0.00 CONSULTANT SVCS -JUN 0.00 0.00 SOUND SYS -4TH OF JULY 0.00 FUEL -JUN 2016 D.00 FUEL -JUN 2016 0.00 FUEL -JUN 2016 0.00 FUEL -JUN 2016 0.00 0.00 EMER WORK AT DEC 0.00 PROF. SVCS -DB CONN JUL 0.00 PROF.SVCS-LANYARDS 0.00 PROF.SVCS-APP ICON 0.00 PAGE NUMBER: 18 ACCTPA21 f2iP1�mf% 663.47 8,159.98 483,333.63 17.80 972.00 106.17 106.16 2,511.25 9,885.80 12,503.21 869.45 237.00 500.00 295.20 425.00 327.00 16,500.00 146.00 600.00 746.00 1,000.00 490.50 109.00 599.50 3,800.00 111.60 183.41 310.31 405.56 1,010.68 4,700.00 1,765.00 281.77 395.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION TOTAL CHECK 10100 117123 07/07/16 SOLARWIN SOLARWINDS.NET INC. 0014070 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 1395539 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015556 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 - 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 1010D 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 117124 07/07/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 TOTAL CHECK 10100 117125 07/07/16 STGKCC ST GABRIEL KOREAN CATHOL 001 10100 117126 07/07/16 SYTECHSO SYTECH SOLUTIONS 0014030 10100 117127 07/07/16 TOLEALEX ALEX TOLENTINO 001 10100 117128 07/07/16 ULINEINC CLINE INC 1155515 10100 117129 07/07/16 USPS UNITED STATE POSTAL SERV 0014095 10100 117130 07/07/16 USBANK US BANK 0014050 10100 117131 07/07/16 VALLEYTR VALLEY TROPHY 0015350 10100 117132 07/07/16 VAZQUEZM MOISES VAZQUEZ 001 10100 117133 07/07/16 VSP VISION SERVICE PLAN 001 10100 117134 07/07/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 10100 117135 07/07/16 WAXIESAN WAXIE SANITARY SUPPLY 0015340 10100 117135 07/07/16 WAXIESAN WAXIE SANITARY SUPPLY 0015340 101DO 117135 07/07/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 TOTAL CHECK 10100 117136 07/07/16 WEISENBA WEISENBACH SPECIALTY PRI 1155515 10100 117137 07/07/16 WRIGHTTI TIM WRIGHT 001 10100 117138 07/07/16 YBASHIRT YBA SHIRTS 0015350 -----DESCRIPTION------ ANNL MAINT RENEWAL ELECT SVCS -DIST 38 ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS -DIST 39 ELECT SVCS-T/CONTROL ELECT SVCS -DIST 38 ELECT SVCS -PARKS ELECT .SVCS -DIST 38 ELECT SVCS -DIST 41 ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL FACILITY REFUND-REAGA DOC SCANNING SVCS FACILITY REFUND-REAGA BIOHAZARD WASTE CANS BUS REPLY MAIL-# 21 CITY CREDIT CARD -JUN SUPPLIES -YOUTH SOCCER FACILITY REFUND-PNTRA JUL 16 -VISION PREMIUM FACILITY RNTL-A/VLYBL JANITORIAL SUPPLIES SUPPLIES -PARKS SUPPLIES -DBC PROMO ITMES-RECYCLED RECREATION REFUND UNIFORMS -YOUTH BSBLL PAGE NUMBER: 19 ACCTPA21 SALES TAX AMOUNT 0.00 2,441.77 0.00 1,698.00 0.00 25.13 50.00 0.00 66.16 0.00 75.78 0.00 0.00 184.86 0.00 189.57 480.06 0.00 459.84 0.00 240.67 0.00 0.00 566.77 0.00 4,143.82 685.61 0.00 25.45 0.00 264.30 0.00 0.00 708.57 O.OD 512.69 630.00 0.00 319.30 0.00 425.93 0.00 0.00 8,208.84 0.00 1,910.00 50.00 0.00 0.00 9,619.50 4,413.36 0.00 50.00 0.00 480.06 0.00 215.00 0.00 19,926.22 0.00 685.61 0.00 300.00 0.00 1,666.07 0.00 630.00 0.00 203.19 0.00 352.47 0.00 1,252.27 0.00 1,607.93 0.00 1,910.00 0.00 - 87.00 0.00 4,413.36 SUNGARD PENTAMATION INC PAGE NUMBER: 20 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 117139 07/07/16 YUENROXA ROXANNE YUEN 001 FACILITY REFUND-HRTGE 0.00 230.00 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014030 MILEAGE 0.00 26.68 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014050 MILEAGE 0.00 42.89 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015210 SUPPLIES 0.00 38.14 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015350 SUPPLIES 0.00 51.27 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYN 0015350 SUPPLIES 0.00 160.23 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015350 PARKING 0.00 36.OD 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYK 0015551 MEETING 0.00 10.OD 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015551 MEETING 0.00 29.05 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015551 MEETING 0.00 20.00 10100 PETTYC 06/30/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015350 PARKING 0.00 64.00 TOTAL CHECK 0.00 478.26 10100 14-PP16 07/01/16 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-14/PP 16 0.00 28,040.27 10100 PP13/16 06/16/16 PERSRETI PERS RETIREMENT 001 RETIRE CONTRIB-PEPRA 0.00 186.32 10100 PP13/16 06/16/16 PERSRETI PERS RETIREMENT DO1 RETIRE CONTIRE-EE 0.00 223.84 10100 PP13/16 06/16/16 PERSRETI PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 8.00 TOTAL CHECK 0.00 418.16 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-13/PP 16 0.00 178,203.36 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-13/PP 16 0.00 1,912.51 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-13/PP 16 0.00 1,656.51 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-13/PP 16 0.00 11,654.88 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-13/PP 16 0.00 1,101.22 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-13/PP 16 0.00 628.36 10100 13 -PP 16 06/16/16 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-13/PP 16 0.00 535.10 TOTAL CHECK 0.00 195,691.94 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 1415541 ARM LUMP SUM PREPAYME 0.00 396.28 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 208.36 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN OD14010 ANNL LUMP SUM PREPAYME 0.00 1,413.04 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014030 ANNL LUMP SUM PREPAYME 0.00 20,177.95 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014050 ANNL LUMP SUM PREPAYME 0.00 12,328.96 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014060 ANNL LUMP SUM PREPAYME 0.00 8,254.50 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014070 ANNL LUMP SUM PREPAYME 0.00 10,622.13 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014093 ANNL LUMP SUM PREPAYME 0.00 2,033.70 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014095 ANNL LUMP SUM PREPAYME 0.00 7,898.39 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0014096 ANNL LUMP SUM PREPAYME 0.00 2,563.65 10100 14790448 07/D7/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015210 ANNL LUMP SUM PREPAYME 0.00 13,266.91 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015220 ANNL LUMP SUM PREPAYME 0.00 2,804.49 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015230 ANNL LUMP SUM PREPAYME 0.00 5,661.93 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015310 ANNL LUMP SUM PREPAYME 0.00 3,515.40 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015333 ANNL LUMP SUM PREPAYME 0.00 4,602.02 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 9,881.36 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 255.71 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 208.36 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 321.06 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 123.28 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 161.48 10100 14790448 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 ANNL LUMP SUM PREPAYME 0.00 178.37 SUNGARD PENTAMATION INC PAGE NUMBER: 21 DATE: 07/13/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:05:56 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: tTanSaCt.Ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 14790448 10100 14790448 10100 14790448 10100 14790446 10100 14790448 10100 14790448 10100 14790448 10100 14790448 10100 14790448 1010D 14790448 10100 14790448 10100 14790448 10100 14790448 10100 14790448 10100 14790448 10100 14790448 10100 14790446 10100 14790448 TOTAL CHECK 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015350 CA PUBLIC EMPL RETIREMEN 0015510 CA PUBLIC EMPL RETIREMEN 0015551 CA PUBLIC EMPL RETIREMEN 0015554 CA PUBLIC EMPL RETIREMEN 0015556 CA PUBLIC EMPL RETIREMEN 1125553 CA PUBLIC EMPL RETIREMEN 1135553 CA PUBLIC EMPL RETIREMEN 1155515 CA PUBLIC EMPL RETIREMEN 1385538 CA PUBLIC EMPL RETIREMEN 1395539 ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME ANNL LUMP SUM PREPAYME O.DO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 0.00 0.00 0.00 v�P199YY 284.12 344.11 243.06 931.30 342.97 436.29 126.44 573.93 861.84 9,875.90 4,185.11 7,993.76 5,125.97 2,823.97 4,480.32 8,964.11 814.71 465.74 155.751.00 10100 14790458 07/07/16 CALPERS CA PUBLIC EMPL RETIREMEN 0015333 ANNL LUMP SUM PREPAYME 0.00 21.00 27,493.91 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-14/PP 16 0.00 188,271.12 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-14/PP 16 0.00 2,779.59 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-14/PP 16 0.00 1,464.88 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-14/PP 16 0.00 16,067.78 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-14/PP 16 0.00 1,444.13 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-14/PP 16 0.00 831.47 10100 14 -PP 16 07/01/16 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-14/PP 16 0.00 700.14 TOTAL CHECK O.DD 211,559.11 10100 PP 12-13 10100 PP 12-13 10100 PP 12-13 TOTAL CHECK 10100 PP 13/16 10100 PP 13/16 10100 PP 13/16 TOTAL CHECK 10100 PP 14/16 10100 PP 14/16 10100 PP 14/16 TOTAL CHECK 06/3D/16 PERSHEAL PERS HEALTH 001 06/30/16 PERSHEAL PERS HEALTH 001 06/30/16 PERSHEAL PERS HEALTH 001 06/16/16 PERSRETI PERS RETIREMENT FUND 001 06/16/16 PERSRETI PERS RETIREMENT FUND 001 06/16/16 PERSRETI PERS RETIREMENT FUND 001 07/01/16 PERSRETI PERS RETIREMENT FUND 001 07/01/16 PERSRETI PERS RETIREMENT FUND 001 07/01/16 PERSRETI PERS RETIREMENT FUND 001 JUL 16 -HEALTH INS PREM JUL 16 -RETIREE HEALTH JUL 16 -HEALTH ADMIN FE RETIRE CONTRIB-PEPRA RETIRE CONTRIB-EE SURVIVOR BENEFIT RETIRE CONTRIB-PEPRA RETIRE CONTRIB-EE SURVIVOR BENEFIT 0.00 40,776.20 0.00 625.00 0.00 140.27 0.00 41,541.47 0.00 230.82 0.00 27,215.66 0.00 47.43 0.00 27,493.91 0.00 230.82 0.00 26,484.84 0.00 46.50 0.00 26,762.16 TOTAL CASH ACCOUNT 0.00 2,616,082.46 TOTAL FUND 0.00 2,616,082.46 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISEURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and 120160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 020 - OPEB RESERVE FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME 10100 06302016 07/07/16 CALPERS CALPERS TOTAL CASH ACCOUNT TOTAL FUND FUND/DIVISION -----DESCRIPTION------ SALES TAX 0204090 OPEB-ARC FOR FY 15/16 0.00 0.00 o.00 PAGE NUMBER: 22 ACCTPA21 AMOUNT 84,761.00 84,761.00 84,761.00 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND BAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160616 00:00:00.000' and 120160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 160 - USED MOTOR OIL BLK GRT 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116918 06/16/16 SUSTAINA HULS ENVIRONMENTAL MANAG 1605516 10100 116994 06/23/16 WINDMILL THE WINDMILL 1605516 10100 117057 06/30/16 CLEARCHA CLEAR CHANNEL OUTDOOR IN 1605516 10100 117057 06/30/16 CLEARCHA CLEAR CHANNEL OUTDOOR IN 1605516 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND ----- DESCRIPTION ------ CONSLTNT SVCS-U/OIL AD -USED OIL GRANT BUS SHELTER AD BUS SHELTER AD PAGE NUMBER: 23 ACCTPA21 SALES TAX AMOUNT 0.00 82.50 0.00 900.00 0.00 450.00 0.00 450.00 0.00 900.00 0.00 1,882.50 0.00 1,882.50 SUNGARD PENTAMATION INC DATE: 07/13/2016 CITY OF DIAMOND EAR TIME: 09:05:56 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160616 00:00:00.000' and '20160713 00:00:00.000' ACCOUNTING PERIOD: 1/17 FUND - 161 - BEVERAGE CTNR RECY GRT '- CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 116919 06/16/16 OFFICESO OFFICE SOLUTIONS TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT PAGE NUMBER: 24 ACCTPA21 FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 1615516 SUPPLIES -RECYCLING 0.00 3,537.05 0.00 3,537.05 0.00 3,537.05 0.00 2,706,263.01 CITY COUNCIL TO: Honorable Mayor and Member f the City Council VIA: James DeStefano, City Ma g TITLE: Treasurer's Statement — May 201 RECOMMENDATION: Approve the May 2016 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.6 Meeting Date: julyJ_191 2016 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: � . L- C Dianna Honeywell, Finance D ector Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF MAY 31, 2016 BEGINNING CASH BALANCE $32,468,474.11 CASH RECEIVED Cash Receipts $4,983,290.86 Total Cash Received ($57,412.13) Payroll Account $4,983,290.86 Change Fund $1,400.00 Petty Cash Account $37,451,764.97 EXPENDITURES $250.00 Cash With Fiscal Agent $618,728.13 Checks Written ($1,445,091.56) Total Active Funds $575,312.71 Payroll & Pers Transfers (455,168.96) Federal Credit Union $496,000.00 Wire Transfers 0.00 Corporate Notes $506,648.44 Returned Checks (11.00) Bank Negotiable CDs $9,032,303.49 Charge Card Fees & Other Adjustments (3,281.63) Wells Fargo Advantage Money Market Fund $471,905.17 Total Expenditures $34,972,899.11 ($1,903,553.15) CASH BALANCE AS OF: MAY 31, 2016 $35,548,211.82 TOTAL CASH BREAKDOWN Active Funds General Account ($57,412.13) Payroll Account $52,315.82 Change Fund $1,400.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $618,728.13 Amount Unamortized on Investments ($40,469.11) Total Active Funds $575,312.71 Investment Funds: Federal Credit Union $496,000.00 Local Agency Investment Fund $8,527,524.83 Corporate Notes $506,648.44 Federal Agency Callable $13,285,263.54 Bank Negotiable CDs $9,032,303.49 Municipal Bonds $2,653,253.64 Wells Fargo Advantage Money Market Fund $471,905.17 Total Investment Funds $34,972,899.11 CASH BALANCE AS OF: MAY 31, 2016 $35,548,211.82 Average Yield to Maturity 1.233% FY2015-16 Year -To -Date Interest Earnings $330,902.21 FY2015-16 Budgeted Annual Interest Earnings $332,800.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of May 31, 2016 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $496,000.00 1.42% 1,827 1,752 1.675 Local Agency Investment Fund $8,527,524.83 24.38% 1 1 0.506 Corporate Notes $506,648.44 1.45% 1820 1728 1.954 Federal Agency Issues - Callable $13,285,263.54 37.99% 1,470 390 1.278 Negotiable CD's - Banks $9,032,303.49 25.83% 1,689 1,138 1.573 Municipal Bonds $2,653,253.64 7.59% 1,515 1,345 2.180 Wells Fargo Sweep Account $471,905.17 1.35% 1 1 0.010 Total Investments and Averages $34,972,899.11 100.00% 1,162 594 1.233 TOTAL INTEREST EARNED MONTH ENDING May 31, 2016 $33,658.54 FISCAL YEAR-TO-DATE 2015-16 $330,902.21 I certify that this report accurately reflects all City pooled investments James DeStefano 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. 6/22/2016 Dale Page 1 City of Diamond Bar Portfolio Management Portfolio Summary May 31, 2016 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Par Market Book %of Days to YTM/C Investments Value Value Value Portfolio Term Maturity Federal Credit Union CD 496,000.00 497,031.18 496,000.00 1.42 1,827 1,752 1.675 Local Agency Investment Funds 8,527,524.83 8,529,409.92 8,527,524.83 24.38 1 1 0.506 Corporate Notes 500,000.00 507,053.00 506,646.44 1.45 1,820 1,728 1.954 Federal Agency Callable 13,295,000.00 13,272,244.54 13,285,263.54 37.99 1,470 390 1.278 Negotiable CD 9,032,000.00 9,152,302.55 9,032,303.49 25.83 1,669 1,138 1.573 Municipal Bonds 2,610,000.00 2,672,125.10 2,653,253.64 7.59 1,515 1,345 2.180 Wells Fargo Sweep Account 471,905.17 471,905.17 471,905.17 1.35 1 1 0.010 34,932,430.00 35,102,071.46 34,972,899.11 100.00% 1,162 594 1.233 Investments Total Earnings May 31 Month Ending Fiscal Year To Date Current Year 33,658.54 330,902.21 Average Daily Balance 33,569,627.34 31,063,267.77 Effective Rate of Return 1.18% 1.16% 1 Ivil f� X l Dianna Honeywell, Finance Director Reporting period 05/01/2016-05/31/2016 Portfolio POOL AP Run Date: 06/202016 -10:20 PM (PRF_PM1) 7.3.0 Repod Ver 7.3.3b City of Diamond Bar Portfolio Management Portfolio Details - Investments May 31, 2016 Page 1 Rvn Date: 06/20/2016 -10.20 Portfolio POOL AP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.31, Average Purchase Stated Daysto 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 1,700 2.050 01/26/2021 94986TYT8 10154 Wells Fargo 05/10/2016 248,000.00 249,031.18 248,000.00 1.300 1,826 1,804 1.300 05/10/2021 Subtotal and Average 424,000.00 496,000.00 497,031.18 496,000.00 1,827 1,752 1.675 Local Agency Investment Funds LAIF 10028 Local Agency Investment Fund 8,527,524.63 8,529,409.92 8,527,524.83 0.506 1 1 0.506 Subtotal and Average 7,333,976.44 8,527,524.83 8,529,409.92 8,527,524.83 1 1 0.506 Corporate Notes 037833BS8 10148 Apple Inc 03/01/2016 500,000.00 507,053.00 506,648.44 2.250 1,820 1,728 1.954 02/23/2021 Subtotal and Average 506,703.25 500,000.00 507,053.00 506,648.44 1,820 1,728 1.954 Federal Agency Callable 3133EC7A6 10043 Federal Farm Credit Bank 12/12/2012 1,000,000.00 997,815.00 999,693.89 0.820 1,826 559 0.840 12/12/2017 3133EC7B4 10044 Federal Farm Credit Bank 12/13/2012 500,000.00 498,358.00 499,923.33 0.840 1,826 560 0.850 12/13/2017 3133ECMZ4 10051 Federal Farm Credit Bank 05/01/2013 500,000.00 499,536.50 500,000.00 0.690 1,461 334 0.690 05/01/2017 3133ECNY6 10056 Federal Farm Credit Bank 05/08/2013 500,000.00 500,000.00 499,903.19 0.950 1,826 706 0.960 05/08/2018 3133ECP40 10060 Federal Farm Credit Bank 05/09/2013 500,000.00 498,681.00 499,823.96 0.640 1,461 342 0.678 05/09/2017 3133EFFC6 10129 Federal Farm Credit Bank 09/30/2015 500,000.00 500,012.00 500,000.00 1.530 1,461 1,215 1.530 09/30/2019 3133EGAZ8 10156 Federal Farm Credit Bank 05/17/2016 500,000.00 496,054.50 500,000.00 1.580 1,737 169 1.580 02/17/2021 313382Y98 10057 Federal Home Loan Bank 05/16/2013 500,000.00 496,923.50 500,000.00 1.000 1,826 714 1.000 05/16/2018 3133834Y4 10059 Federal Home Loan Bank 05/29/2013 500,000.00 500,002.50 500,000.00 1.040 1,826 727 1.040 05/29/2018 313381 G82 10118 Federal Home Loan Bank 07/13/2015 250,000.00 249,619.75 247,797.93 1.385 1,620 1,296 1.643 12/19/2019 3130A5X61 10122 Federal Home Loan Bank 07/29/2015 500,000.00 500,551.00 500,000.00 1.125 1,827 58 2.026 07/29/2020 3130A2MW3 10132 Federal Home Loan Bank 10/09/2015 500,000.00 500,893.00 502,453.70 1.250 1,399 252 1.895 08/08/2019 3130ABXG7 10137 Federal Home Loan Bank 12/28/2015 500,000.00 500,405.00 500,000.00 0.750 366 210 0.750 12/28/2016 3130A6WL7 10138 Federal Home Loan Bank 12/29/2015 500,000.00 500,057.50 500,000.00 1.300 913 28 1.300 06/29/2018 3130A6JJ7 10139 Federal Home Loan Bank 01/06/2016 500,000.00 499,371.50 498,354.20 0.810 652 505 1.051 10/19/2017 3130A72E4 10140 Federal Home Loan Bank 01/11/2016 500,000.00 500,049.50 499,989.70 0.500 171 29 0.526 06/30/2016 3130A7CV5 10149 Federal Home Loan Bank - 03/01/2016 500,000.00 498,018.50 499,430.22 1.375 1,815 1,723 1.400 02/18/2021 3130A7WW1 10155 Federal Home Loan Bank 05/25/2016 500,000.00 498,452.00 500,000.00 1.250 1,826 177 2.091 05/25/2021 _ 3134G3S50 10040 Federal Home Loan Mtg Corp 10/26/2012 500,000.00 500,155.50 499,974.05 0.625 1,467 153 0.638 11/01/2016 3134G33E8 10124 Federal Home Loan Mtg Corp 09/02/2015 500,000.00 499,322.00 497,514.67 1.500 1,591 39 2.211 01/10/2020 3134G7S77 10133 Federal Home Loan Mtg Corp 10/29/2015 500,000.00 499,942.50 500,000.00 1.125 1,827 58 1.125 10/29/2020 3134G45V6 10143 Federal Home Loan Mtg Corp 01/21/2016 500,000.00 500,031.00 499,553.32 1.250 1,236 9 1.280 06/10/2019 Rvn Date: 06/20/2016 -10.20 Portfolio POOL AP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.31, City of Diamond Bar Portfolio Management Portfolio Details - Investments May 31, 2016 Page 2 CUSIP Average Investment# Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate Days to Term Maturity YTM/C Maturity Date Federal Agency Callable 3134G9QH3 10157 Federal Home Loan Mtg Corp 05/26/2016 500,000.00 499,420.00 500,000.00 1.125 914 359 1.125 11/26/2018 3136GOR37 10127 Federal National Mtg Assn 09/24/2015 245,000.00 244,728 79 243,968.96 1.500 1,583 53 2.107 01/24/2020 3136G02H3 10128 Federal National Mtg Assn 09/24/2015 300,000.00 299,868.00 299,270.61 1.350 1,321 67 1.621 05/07/2019 3135GOSYC 10141 Federal National Mtg Assn 01/20/2016 500,000.00 497,230.50 498,842.31 1.600 1,800 23 2.187 12/24/2020 3136G3JY2 10152 Federal National Mtg Assn 05/03/2016 500,000.00 494,745.50 498,769.50 1.500 1,821 149 1.552 04/28/2021 Subtotal and Average 12,204,554.41 13,295,000.00 13,272,244.54 13,285,263.54 1,470 390 1.278 Negotiable CD 02006LNF6 10108 Ally Bank UT 01/29/2015 248,000.00 249,219.42 248,000.00 1.250 1,096 607 1.045 01/29/2018 020080AV9 10130 ALMA Bank Astona NY 10/01/2015 249,000.00 253,621.44 249,000.00 1.700 1,460 1,216 1.701 09/30/2019 02587DMV7 10052 American Express Centurion Bk 05/02/2013 248,000.00 249,219.42 248,000.00 1.100 1,826 700 1.101 05/02/2018 02587CAWO 10098 American Express Centurion Bk 08/21/2014 248,000.00 253,316.62 248,000.00 2.100 1,826 1,176 2.101 08/21/2019 06740KHB6 10091 Barclays Bank 07/02/2014 248,000.00 252,836.00 248,000.00 2.050 1,826 1,126 2.051 07/02/2019 05568P7A9 10081 BMW Bank 04/25/2014 248,000.00 252,286.18 248,000.00 1.900 1,826 1,058 1.901 04/25/2019 14042E4P2 10120 Capital One Bank 07/15/2015 248,000.00 253,679.94 248,000.00 2.300 1,827 1,505 2.303 07/15/2020 140420XR6 10151 Capital One Bank 04/06/2016 248,000.00 249,668.43 248,000.00 1.700 1,826 1,770 1.701 04/06/2021 20033ALQ7 10117 Comenity Capital Bank 07/14/2015 248,000.00 253,697.06 248,000.00 2.350 1,826 1,503 2.355 07/13/2020 20451PBV7 10066 Compass Bank 08/07/2013 248,000.00 252,008.67 248,000.00 1.750 1,826 797 1.751 08/07/2018 254571 G53 10075 Discover Bank 02/20/2014 248,000.00 252,584.28 248,000.00 1.850 1,826 994 1.851 02/20/2019 29266NG84 10107 EnerBank USA 01/29/2015 248,000.00 253,114.26 248,000.00 1.400 1,461 972 0.000 01/29/2019 29976DZD5 10119 Everbank/Jacksonville FL 07/14/2015 248,000.00 253,720.86 248,000.00 2.000 1,827 1,504 2.002 07/14/2020 33767AVK4 10146 First Bank Puerto Rico - 02/12/2016 248,000.00 251,779.77 248,000.00 1850 1,827 1,717 0.000 02/12/2021 34387ABA6 10102 Flushing Savings Bank 12/10/2014 248,000.00 250,438.58 248,000.00 1.800 1,461 922 1.800 12/10/2018 306863AH2 10147 FARMERS&MERCH SAVINGS BK 02/29/2016 248,000.00 250,485.70 248,000.00 1.550 1,824 1,731 1.550 02/26/2021 3616OWK57 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 250,164.05 248,000.00 1.750 1,826 337 1.751 05/04/2017 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 248,000.00 252,348.18 248,000.00 1.900 1,826 974 1.901 01/31/2019 38148J6108 10142 Goldman Sachs Bank 01/27/2016 248,000.00 254,628.79 248,000.00 2.100 1,827 1,701 2102 01/27/2021 06251AK25 10131 Bank of Hapoalim NY 10/09/2015 245,000.00 251,115.45 245,000.00 2.000 1,827 1,591 2.002 10/09/2020 40434ASZ3 10112 HSBC Bank USA 03/30/2015 248,000.00 248,244.78 248,000.00 1.250 1,827 1,398 2.223 03/30/2020 45383UPJB 10077 Independent Bank CD 03/14/2014 248,000.00 249,510.82 248,000.00 0.900 1,280 470 0.902 09/14/2017 856284X58 10094 State Bank of India 07/22/2014 248,000.00 252,303.79 248,000.00 2.000 1,826 1,146 2.001 07/22/2019 464209BR5 10054 Isabella Bank &Trust Company 05/30/2013 248,000.00 247,752.50 248,000.00 1.000 1,826 728 0.850 05/30/2016 48125TU86 10110 JP Morgan Chase 02/06/2015 500,000.00 500,668.00 500,000.00 1.000 1,461 980 1.856 02/06/2019 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 248,033.23 248,000.00 0.750 1,461 350 0.750 05/17/2017 538036CF9 10145 LIVE OAK BANKING COMPANY 02/11/2015 248,000.00 251,762.00 248,000.00 1.500 1,460 1,349 1.468 02/10/2020 Portfolio POOL AP Run Date: 062D/2016 -10:20 PM (PRF_P42) 7.3.0 City of Diamond Bar Portfolio Management Portfolio Details - Investments May 31, 2016 Page 3 Municipal Bonds 189649KY7 10125 283309KN1 10134 455749BQ3 10150 Coachella Valley School Dist EI Monte School District INDIO CA WATER AUTHORITY Subtotal and Average 2,653,707.40 09/15/2015 860,000.00 901,392.80 887,517.08 11/06/2015 750,000.00 753,282.50 756,274.90 04/01/2016 960,000.00 1,007,449.80 1,009,461.66 2,610,000.00 2,672,125.10 2,653,253.64 2.885 1,782 1,522 2.665 08/01/2020 2.148 1,272 1,064 1.850 05/01/2019 2.820 1,461 1,400 2.000 04/01/2020 1,515 1,345 2.180 Wells Fargo Sweep Account SWEEP 10036 Wells Fargo 07/01/2012 471,905.17 471,905.17 471,905.17 0.010 1 1 0.010 Run Date: 06/20/2016 -10:20 Subtotal and Average 1,420,488.67 471,905.17 471,905.17 471,905.17 1 1 0.010 Total and Average 33,569,627.34 34,932,430.00 35,102,071.46 34,972,899.11 1,162 594 1.233 Portfolio POOL AP PM (PRF PM2) 7.3.0 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity- Date Negotiable CD 58403BK62 10080 Medallion Bank 03/28/2014 248,000.00 248,631.66 248,000.00 1.250 1,461 665 1.254 03/28/2018 59013JJBG 10126 Merrick Bank 09/21/2015 248,000.00 254,236.70 248,000.00 1.850 1,827 1,573 0.000 09/21/2020 70153RHEl 10076 Parkway Bank &Trust 03/19/2014 248,000.00 251,279.30 248,000.00 1.650 1,826 1,021 1.651 03/19/2019 71270QLS3 10105 People's United Bank 01/28/2015 248,000.00 253,790.06 248,000.00 1.750 1,626 1,336 1.751 01/28/2020 74267GVBO 10153 Privatebank&Trust Co - CD 05/06/2016 248,000.00 246,512.00 248,000.00 1.500 1,826 1,800 1.501 05/06/2021 795450SF3 10097 Sallie Mae Bank 08/06/2014 248,000.00 252,685.46 248,000.00 2.050 1,826 1,161 2.051 08/06/2019 89233P6S0 10159 Toyota MTR Credit Corp 05/27/2016 150,000.00 150,276.00 150,303.49 1.250 496 491 1.098 10/05/2017 981571 BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 202,678.80 200,000.00 2.000 1,827 1,442 2.002 05/13/2020 94768NJU9 10088 Webster Bank 07/02/2014 248,000.00 253,784.35 248,000.00 1.900 1,826 1,126 1.901 07/02/2019 Subtotal and Average 9,026,197.16 9,032,000.00 9,152,302.55 9,032,303.49 1,689 1,138 1.573 Municipal Bonds 189649KY7 10125 283309KN1 10134 455749BQ3 10150 Coachella Valley School Dist EI Monte School District INDIO CA WATER AUTHORITY Subtotal and Average 2,653,707.40 09/15/2015 860,000.00 901,392.80 887,517.08 11/06/2015 750,000.00 753,282.50 756,274.90 04/01/2016 960,000.00 1,007,449.80 1,009,461.66 2,610,000.00 2,672,125.10 2,653,253.64 2.885 1,782 1,522 2.665 08/01/2020 2.148 1,272 1,064 1.850 05/01/2019 2.820 1,461 1,400 2.000 04/01/2020 1,515 1,345 2.180 Wells Fargo Sweep Account SWEEP 10036 Wells Fargo 07/01/2012 471,905.17 471,905.17 471,905.17 0.010 1 1 0.010 Run Date: 06/20/2016 -10:20 Subtotal and Average 1,420,488.67 471,905.17 471,905.17 471,905.17 1 1 0.010 Total and Average 33,569,627.34 34,932,430.00 35,102,071.46 34,972,899.11 1,162 594 1.233 Portfolio POOL AP PM (PRF PM2) 7.3.0 CITY COUNCIL Agenda # 6.7 Meeting Date: July 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma ag v --p TITLE: APPROVE EXPENDITURES WITH DIVERSIFIED PRINTERS, INC. FOR PRINTING SERVICES IN THE AMOUNT OF $61,800 PLUS A 10% CONTINGENCY FOR A TOTAL NOT TO EXCEED AMOUNT OF $67,980 FOR FISCAL YEAR 2016/17 AND AUTHORIZE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR SUCH SERVICES. RECOMMENDATION: Approve. FINANCIAL IMPACT: There are sufficient funds allocated for this purpose in the approved 2016/17 fiscal year budget. BACKGROUND: Produced monthly and delivered to approximately 22,000 Diamond Bar homes and businesses, the City's monthly newsletter, DB Connection, serves a primary communication tool. This full color newsletter is produced in a four-page format eight (8) months out of the year. The other four months, the pages are increased to 32 pages to include the quarterly community recreation guide. Staff issued a Request for Proposals for printing and mailing services of the City's monthly newsletter and quarterly recreation guide for the 2016/17 fiscal year and received responses from three qualified printing firms with the following results: 1. Diversified Printers, Inc. $61,800 2. The Kindred Corporation $73,752 3. Simpson Advertising, Inc. $75,300 After review and evaluation of bids, staff recommends the selection of the lowest, Diversified Printers, Inc. and requests authorization to approve expenditures in the amount of $61,800 plus a 10% contingency of $6,180 for a not to exceed amount of $67,980 for printing and mailing services of the City's monthly newsletter and recreation guide for the 2016/17 fiscal year. Prepared by: Reviewed by: Marsha Roa Dianna Honeywelll / [ Ryan Public Information Manager Finance Director Devu Manager Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member June 3, 2016 City of Diamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 . Fax (909) 8613117 www.DiamondBarCA.gov REQUEST FOR BIDS Printing and mailing services for monthly newsletter and quarterly recreation guide. Scope of Work - The City of Diamond Bar's monthly newsletter, DB Connection, is delivered to residents and businesses in four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to include recreation activities guide. City staff or designee will provide packaged file electronically to vendor and vendor shall provide full-size color proofs (pdf), printing and mailing services as follows: Newsletter— 8 times per year • Quantity: 22,500 • Size: 4 page tab • Flat size: 22" x 17" folded & trimmed to 11" x 17" o Refold to 8 V x 11 with mailing panel facing out • Color: 4/4 process • Paper: 80# gloss book • Mailing: skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. Recreation Guide —4 times per year • Quantity: 23,500 • Size: 32 page self -cover • 3 -knife trim to finished size of 8'/ x 11, saddle stitched on 11" side • Color: 4/4 process • Paper: 70# gloss book • Mailing: Skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. • City will provide an additional mailing list of 700 non -Diamond Bar addresses to be included as part of mailing. Deadline—Submit itemized costs on a monthly basis for both options based on a 12 - month period to begin July 1, 2016 through June 30, 2017, to mroa@diamondbarca.gov by 5:00 p.m. on Wednesday, June 15, 2016. Questions - Marsha Roa, Public Information Manager at mroa2diamondbarca.gov or 909.839.7055. City of Diamond Bar BID /QUOTATION WORKSHEET FORM Attach Written Bids from Vendors To This Form Erriptoyee Name .. Exterrsiort _ _ = Account Number: Marsha Roapublic Information 001-4095-42110 Dafe - _ 6/23/16 Description of Item(s) or Service(s): Quantity: Printing services - monthly (8) newsletter and quarterly (4) recreation guide for fiscal year 2016/17 Vendor Name Data of Quote Phone Number: 714-994-3400 Method email/fax/hone 1 Diversified Printers, Inc. 6/23/2016 Address 16200 Trojan Way, La Mirada, CA 90638 Contact: Llisa Danuicci 2 The Kindred Corporation 6/23/2016 909-944-4015 Address 10833 Bell Court, Rancho Cucamonga, CA 91730 Contact: Curt Kindred 3 Simpson Advertising, Inc. 6/23/2016 562-949-9780 Address P.O. Box 2464, Santa Fe Springs, Ca 90670 Contact: Debbie Baker Diversified Printers, Inc. The Kindred Corporation - Simpson Advertising, Inc. Descrl�on Newsletter Quan rty__ - 8 Uru# Piee _ _Notal = _- _ Uritt Pnce - T.ota1� $ 29,584.00 Orirt Pnce —,^.,Total . _. - $ 3,700.00 $ 29,600.00 $ 3,698.00 $ 3,225.00 $ 25,800.00 Rec Guide 4 $ 8,050.00 $ 32,200.00 $ 9,492.00 $ 37,968.00 $ 9,595.00 $ 38,380.00 NewsMailing 8 $ - $ - $ 472.00 $ 3,776.00 $ 825.00 $ 6,600.00 RG Mailing 4 $ - $ - $ 605.00 $ 2,420.00 $ 1,130.00 $ 4,520.00 Subtotal: $ 61,800.00 Subtotal: $ 73,748.00 Subtotal: $ 75,300.00 Freight: $ - Freight: $ - Freight: $ - Sales Tax: Sales Tax: I Sales Tax: TOTAL: $ 61,800.00 TOTAL: $ 73,748.00 TOTAL: $ 75,300.00 Nancy A. Lyons Mayor Jimmy Lln Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member June 13,2016 City of Diamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 (909) 039.7000 a Fax (909) 861-3117 www.DiamondBarCA.gov REQUEST FOR BIDS Printing and mailing services for monthly newsletter and quarterly recreation guide. Scope of Work -The City of Diamond Bar's monthly newsletter, DB Connection, Is delivered to residents and businesses in four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to include recreation activities guide. City staff or designee will provide packaged file electronically to vendor and vendor shall provide full-size color proofs (pdf), printing and mailing services as follows: paymentTerm.. Due NOW days Morn dat°oflnvolttj > nce merge or l aoaa par monthcompounded morahh, will vsle ef-8times ger ar Eetlmate#42907 �Isse-- gybe hagetlroyou eo cunt • Quantity: 22,500 $3, 700.00 per monthly eba ane 0456%perannumt • Size: 4 page tab • Flat size: 22" x 17" folded & trimmed to 11" x 17" o Refold to 8'/:" x 11 with mailing panel facing out • Color; 4%4 process • Paper: 80# gloss book • Mailing: skid pack for mailer. Simplified Sort / Standard delivery to residents .and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall: Postage paid utilizing City's bulk permit, permit held at Chjno-Po"fflce Dui' deye( rndeleoilmctc•) AdnWke •ge of 1.6npx month, compounded reationGuide —4times ear Estimate#42806 menihy g•uromedc•iybeohegedmycuecco • Quantity: 23,$00 $8,050.00 per monthly 186u6 an vwd1oba1wws(1G.98%perannum) • Size: 32 page Self -cover • 3 -knife trim to finished size of 8 % x 11, saddle stitched on 11a side • Color: 4/4 process • Paper: 70#.gloss book • Meiling: Skid pack for mailer. Simplified Sort / Standard delivery to residents and businesses in Diamond Bar. Deliver to Diamond Bar and Walnut Post Offices. Drop off extras to Diamond Bar City Hall. Postage paid utilizing City's bulk permit, permit held at Chino Post Office. • City will provide an additional mailing list of 700 non -Diamond Bar addresses to be included as part of mailing. . Deadline=Submit itemized costs on a monthly basis for both options based on a 12 - month period to begin July 1, 2016 through June 30, 2017, to mroa(ipdiamondbarca.eov by 5:00 p.m. on Thursday, June 23, 2016. Questions - Marsha Roa,, Public Information Manager at mroaftiamondbarca.eov or 909.839.7055. I -HINTING &PROMOTIONS THE KINDRED CORPORATION 1 4214 10833 Bell Court Rancho Cucamonga, CA 91730 6/23/2016 Ph: 909-944-4015 / Fax: 909-944-9009 Proposal for: Attention- Estimated By: CITY OF DIAMOND BAR MARSHA ROA Curt Kindred mroa@diamondbarca.gov We are pleased to submit our proposal based upon the following specifications - Description. ion. NEWSLETTER - 4 PAGE TAB - 8 TIMES PER YEAR antity 22,500 Size: 8.5 X 11 Stack 80# GLOSS BOOK Artwork. Disk Furnished Pre -Press. Customer to supply High Res Print Ready PDFs in Single Pages, Including Bleed. Kindred to Trap, Rip and Produce Pdfs or Low Res Color Epsons for Approval. High Res Epsons available at an additional cost. Inks; 4/4 PROCESS COLORS Bindery. TRIM TO 22 X 17, FOLDED & TRIM TO 11 X 17, REFOLD TO 8.5 X 11 WITH MAILING PANEL FACING OUT. MAILING, BUNDLE MAILER FOR ALL ADDRESSES IN CITY. DELIVER TO CHINO PO AND THEN DROP SHIP TO DIAMOND BAR & WALNUT PO'S, PRE-SORT STANDARD Delivery- Local Delivery Thank you for giving our company the opportunity to quote on your work. Pricing 22,500 22,500 3 22,500 8 TIMES PER YEAR BUNDLE MAILER FOR ALL ADDRESSES IN CITY DELIVER TO CHINO PO AD THE DROP SHIP TO DIAMOND BAR AND WALNUT PO'S EA $3,698.00 $337.50 $135.00 PRE-SORT STANDARD POSTAGE AT EDDM RATES FOR PIECE WEIGHING 3.3 OUNCES OR $3,442.50 LESS * if no artwork, comp or other copy is furnished at the time of the quote, price is subject to revision. Exempt reason' 1itL1 Rate: PRINTING 8, PROMOI IONS Proposal far - CITY OF DIAMOND BAR Descr' tion: pan itv Size: Stock. THE KINDRED CORPORATION 10833 Bell Court Rancho Cucamonga, CA 91730 Ph: 909-944-4015 / Fax: 909-944-9009 Attention - MARSHA ROA mroa@diamondbarca. gov Estimated By - Can Kindred — We are pleased to submit our proposal based upon the following specifications RECREATION GUIDE - 32 PAGE SELF COVER - 4 TIMES PER YEAR 23,500 8.5 X I I 70# GLOSS BOOK Disk Furnished • • 4215 6/23/2016 Pre -Press- Customer to supply High Res Print Ready PDFs in Single Pages, Including Bleed. Kindred to Trap, Rip and Produce Pdfs or Low Res Color Epsons for Approval. High Res Epsons available at an additional cost. Inks: 4/4 PROCESS COLORS Bindery: 3 KNIFE TRIM TO FINISH SIZE OF 8.5 X 11, SADDLE STITCH ON I V SIDE MAILING: BUNDLE 32 PAGE MAILER FOR ALL ADDRESSES IN CITY. DELIVER TO CHINO PO AND THE DROP SHIP TO DIAMOND BAR AND WALNUT PO'S. PRE-SORT STANDARD Deliv ^erg, Local Delivery Thank you for giving our company the opportunity to quote on your work. 23,500 4 TIMES A YEAR EA. $9,492.00 23,500 MAILINGCIIARGES: 3 BUNDLE 32 PAGE MAILER FOR ALL ADDRESSES IN CITY $470.00 DELIVER TO CHINO PO AND THE DROP SHIP TO DIAMOND BAR & WALNUT PO'S $135.00 23,500 PRE-SORT STANDARD POSTAGE AT EDDM RATES FOR PIECE WEIGHING 3.3 OUNCES OR LESS $3,595.50 ' if no artwork, comp or other copy is furnished at the time of the quote, price is subject to revision. Exempt reason - _11L nate. Issued: June 13, 2016 REQUEST FOR BIDS PRINTING AND MAILING SERVICES FOR MONTHLY NEWSLETTER AND QUARTERLY RECREATION GUIDE. June 23, 2016 Marsha Roa City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Marsha Roa, Thank you for the opportunity to submit a printing and mailing proposal for Diamond Bar's DB Connection publications. Our proposal includes competitive prices and is supported by our dependable service that spans more than 40 years in the print media industry. DB Connection Newsletter - 8 times per year Printing Four (4) page tabloid format size of 22"x 17" monthly newsletter, 4/4 process on 80# gloss book, fold and trim to 11 "x 17; refold to 8.5"x 11"with mailing panel facing out. Bundle in 50's, deliver to mailing house. Includes a printer's proof for the City of Diamond Bar's approval to print. Quantity of 22,500.........................................................................$ 3,225.00* per issue Mailing Prepare newsletters and sort for simplified mailing to all City of Diamond Bar residents and businesses. Deliver to Diamond Bar and Walnut post offices and extras to Diamond Bar City Hall. Prepare for Simplified Mailing (22,500 pieces) ....................$ 635.00* ($28.22 per thousand) per mailing Job preparation...............................................................................$ 40.00* flat rate per mailing Delivery to post offices and City Hall ......................................$ 150.00* flat rate Total Mailing Charges Per Issue .................................................$ 825.00* *Does not include client revisions, postage, mailing list if required, or sales tax if applicable. DB Connection and Community Recreation Guide -4 times per year Printing Based on a 32 page, self -cover publication, 3 -knife trim to finished size of 8.5"x 11"4/4 process on 70# gloss book, saddle stitch on 11" side. Bundle in 50's, deliver to mailing house.' Includes a printer's proof for the City of Diamond Bar's approval to print. Quantity of 23,500 9,595.00* per issue Paper prices included in this quotation are based on current prices and are subject to adjustment and availability at the time the paper stock is shipped from the mill. Any price increase will be reflected with an adjustment to this proposal or on the invoice rendered to client. Mailing Prepare Guide and sort for simplified mailing to all City of Diamond Bar residents and businesses. Address additional publications to non -Diamond Bar addresses utilizing labels created from a client provided electronic file. Deliver to Diamond Bar and Walnut post offices and extras to Diamond Bar City Hall. Prepare for Simplified mailing (22,800 pieces) ....................$ 640.00* ($28.00 per thousand) per mailing Prepare Non -Diamond Bar addresses (700 pieces) ............ $ 225.00* (Minimum charge) per mailing Job preparation, NCOA database......................................I......$ 115.00* flat rate per mailing Delivery to post offices and City Hall ......................................$ 150.00* flat rate per mailing Total Mailing Charges Per Issue .................................................$ 1,130.00* *Does not include client revisions, postage, mailing list if required, or sales tax if applicable. Terms Invoices are due upon presentation. Thanks again for considering Simpson Advertising for your marketing, advertising, and printing needs. We look forward to working with you on these and future projects. Best regards, Jeff Simpson, President (562) 949-9780, Ext, 1 Jeff@Simpsonadvertisinginc.com Debbie Baker, Corporate Secretary (562) 949-9780, Ext. 2 Cell (562) 400-4635 Debbie@Simpsonadvertisinginc.com CITY COUNCIL Agenda # _ Meeting Date. Me July 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROPRIATE $4,084 FROMTH GENERAL FUND RESERVES TO THE FISCAL YEAR 2016-2017 CAPITAL IMP OVEMENT PROGRAM BUDGET; APPROVE RESOLUTION 2016 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PAYMENT ACCOUNT; AND AWARD THE CONSTRUCTION CONTRACT FOR THE DIAMOND BAR CENTER RESTROOM LIGHTING PROJECT TO TAMANG ELECTRIC IN THE AMOUNT OF $26,440 AND AUTHORIZE A CONTINGENCY AMOUNT OF $2,644 (10% OF THE TOTAL CONTRACT) FOR CONTRACT APPROVAL BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $29,084.00. RECOMMENDATION: Appropriate, approve and award. FINANCIAL IMPACT: The Restroom Lighting Upgrade Project for the Diamond Bar Center is programmed in the FY 16/17 CIP in the amount of $25,000. After publicly opening the sealed bids, the lowest responsible bid received from Tamang Electric is $26,440. To complete this project an additional $4,084 from General Fund reserves is requested to be appropriated, which includes a 10% contingency. The total contract amount of $29,084 will be funded by the General Fund. BACKGROUND: This project will include replacement of all light fixtures in four restrooms at the Diamond Bar Center. The lighting will be replaced with LED fixtures which will provide enhanced lighting into the restrooms. Staff received four bids, with the lowest responsible bid from Tamang Electric for $26,440 and three other bids ranging to a high of $36,050. With the completion of the plans and specifications, the project was advertised for bids on May 10, 2016. On June 7, 2016, four (4) bids were received. Tamang Electric submitted the lowest responsible bid in the amount of $26,440. The bids received were as follows: Company Bid Amount 1. Tamang Electric $26,440 2. Newman Construction $27,132 3. VT Electric $33,925 4. DC Integrated, Inc. $36,050 DISCUSSION: After completing a reference and contractor license check on Tamang Electric, staff feels confident that they can complete the project per the contract specifications. The engineer's estimate is $20,000 with a schedule of fort -five (45) calendar days. Staff has verified the contractor state license for Tamang Electric to be valid. Tamang Electric also has performed other similar projects in this City satisfactorily. The project schedule is tentatively as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Jason Williams, Sr. Facilities Maintenance Worker REVIEWED BY: Davi&-6. Liu, P.E. Director of Public Works July 19, 2016 Late July 2016 Late August 2016 DATE PREPARED: July 19, 2016 Dianna Honeywell Finance Director ATTACHMENTS: CONTRACTOR AGREEMENT WITH BIDDER'S PROPOSAL, DATED JUNE 7, 2016 RESOLUTION 2016 -XX AGREEMENT 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 Tamang Electric, Inc. 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 Tamang Electric, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with Contractor for furnishing labor, equipment and material for the Diamond Bar Center Restroom Lighting Replacement Project 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 Diamond Bar Center Restroom Lighting Replacement Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 19, 2016 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, Contractor's Bid dated June 6, 2016, 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 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 Forty -Five (45) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of five - hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: 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 sub -contractor to commence work on his sub -contract until all insurance required of the sub -contractor 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 sub -contractors 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." 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. 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." 2 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 sub -contractor 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. e. 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 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 sub -contractor under him. Contractor and any of its sub -contractors 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 Contractors on the public works site are making such contributions. Contractor and sub -contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 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 sub -contractors 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, sub -contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against Contractor for damages or other claims arising out of or in connection with the work, operation or activities hereunder, Contractor agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability 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. 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 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. 512857 Contractor's Business Phone: (909) 364-8566 Contractor's emergency phone which can be reached at any time: (909) 364-8566 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: Nancy Lyons, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY Date *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. BIDDER'S PROPOSAL FOR CITY OF DIAMOND BAR COMMUNITY CENTER RESTROOM LIGHTING REPLACEMENT PROJECT IN TIIE CITY OF DIAMOND BAR, CALIFORNIA Date 06/06, 2016 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: Tamang Blectric Inc Abel Tamang - President Rani Tamang - Treasurer r'o" (If the bidder is a corpora 'on, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co- partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation, (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address famished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted lie will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of (Bid Bond in the amount of 10% of total bid) DOLLARS ($ ) Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. 12 It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. 11529 Yorba Ave Address of Bidder City Zip Code 13 909-364-8566 Telephone of Bidder Signa&i i ae CITY OF DIAMOND BAR COMMUNITY CENTER RESTROOM LIGHTING REPLACEMENT PROJECT Bid Schedule Note: Failure to provide an acceptable lump sum bid breakdown when requested may be cause for rejection of the bid as "non-responsive." BASE BID - LUMP SUM BID BREAKDOWN s{'� {44 ..ii�u--"'^tr^'i L'-•.itJ��� f ;(Yi'd3''E iii..: r'$4���'��i S. CITY OF DIAMOND BAR COMMUNITY RESTROOMCENTER REPLACEMENT PROJECT . . � ..tib S2fi �!��� } s y Total (Lump Sum Base Bid in Words: _j)(��� SC TYIOGQf /1(Iti� /tiG L•V'LeLz� 1 P11�11 (I� f'i't (t lVl Accompanying this proposal is Bid Bond (Insert "$ Bid Bond cash", "cashier's check", "certified check", or "bidder's bond" as the case may be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying this bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. Inc. NAME OF BIDDER (PRINT) I. w _ DATE Chino 91710 909-364-8566_ CITY ZIP CODE TELEPHONE 14 STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION - 512857 Class CIO & A PROJECT IDENTIFICATION: 25817 BID DATE: June 07, 2016 @ 10:00 AM 15 LIST OR SUBCONTRACTORS * BID OPENING DA PROJECT LOCATION CLIENT CONTRACTOR._ Name Under Wbich Subcontractor is Licensed License No. Address of Office, Mail, or Shop Percent of Total Contract Specific Description of Subcontract * Any Subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total bid shall be designated on this foam. 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date 06/07 16 @ 10:0 This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 2011 2012 2013 2014 2015 TOTAL CURRENT YEAR 13, 8, 10, 15, 6 1. No, of contracts $4.7 Mil, $2.7 Mil, $1.5 Mil, $684,000, $298,000, $685,000 2. Total dollar amount of contracts (in 1000's) 0 3. No. of fatalities 0 4. No, of lost workday cases 0 5. No, of lost workday cases involving permanent transfer to another job or termination of employment 0 6. No. of lost workdays The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Surmnary - Occupational hJuries and Illnesses, OSEA No. 102. The above information was compiled fiom the records that are available to me at this time and I declare under penalty of perjury that the information is true and aUrtithin the limitations of these records. Tamang Electric, Inc. Name of Bidder (Print) Signature 11529 Yorba Ave 512857 C10 &A Address State Contractors' Lic. No. & Class. Chino CA 91710 909-364-8566 City Zip Code Telephone 17 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES } daily sworn, That he which is the palms s P P s Ind not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested h1 the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co- partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of Signature 20 Signature of Officer Administering Oath (Notary Public) 18 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY. Or LOS ANGELES ) Lois O'Neill being first duly sworn, deposes and says: That he is Secretary of, Tamang Electric, Inc, a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a shale bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this of 20 Signature of Officer Administering Oath (Notary Public) 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of yah &rnetc�clIV) y J On before me, 7)amis �a�2�11e �r �r� Data Nama antl Tiile of Officer at Netary Pu Ild) personally appeared Ld:is Q4ei 1� , Names) of Signers) DENIS GALEANO CUMNasim No. 2075158 0 C NOTARY PUBLIC.cAuromiA ` SAN BERNARDINO COUNTY fS Canfnisvon E%p126 JULY 19, 2018 ❑ personally known to me vproved to me on the basis of satisfactory evidence to be the person whose name(a7 is/awe subscribed to the within instrument and acknowledged to me that hea/she/they executed the same in Ibis/her/thetr authorized capacity,(ies�, and that by his/her/tpeir signatures) on the instrument the person}', or the entity upon behalf of which the persori(sj acted, executed the instrument. WITNESS my hand and official seal. Placo Notary Seal Above,....r^—�"""""^'-"-- -tb.....e..'. �p 5 BneWre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 7 Individual ❑ Corporate Officer—Title(s): D Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIOHTTHUWBPRINY OFSIGNER in Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Off [car —Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee C] Guardian or Conservator ❑ Other: Signer Is Representing: I 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box Mz • malswonh, CA 91313-2402 Item No. SM7 Bactrian: Ceii Tall -Free 1-800-876-6027 STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn, deposes and sa That he is the part, such bid is genuine and not collusive or sham; that said agreed, directly or indirectly, with any other bidder or pe n shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this of Signature 20 Signature of Officer Administering Oath (Notary Public) 20 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) ivirr , being first duly sworn, deposes and s That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shat I refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of 21 Signature 20 Signature of Officer Administering Oath (Notary Public) 13ID BOND BOND NO.CDGB104937 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Diamond Bar 21810 Copley Drive Diamond Bar CA 91765 ( Public Agency ), has issued an invitation for bids for the work described as follows: City of Diamond Bar Community Center Restroom Lighting Replacement Project Located at 1600 Grand Avenue Diamond Bar CA, 91765 WHEREAS Tamang Electric, Inc. 11529 Yorba Ave. Chino, ca 91710 (Name and Address of Bidder) ( Principal ), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder s security with their bid. NOW, THEREFORE, we, the undersigned Principal, and State National Insurance Company, Inc. Administered By: Contractor Managing General Insurance Agency, Inc. 20335 Ventura Blvd., Suite 426 Woodland Hills CA 91364 (Nance and address of Surety) (Surety) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto Public Agency in the penal sutn of..•..••.............................................................. Ten percent of the Greatest Amount Bid - (10 % of G.A.B)................................................ Dollars ($10% of G.A.B) being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by Public Agency and, within the tune and in the maturer required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by Public Agency in the suit and reasonable attorney's fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. 26 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. State National Insurance Company, Inc. Dated: June 3rd 201& Administered By: Contractor Managing General Insurance Agency, Inc. "Principal" "Surety" U Its St4hanie Hope Shear, Attotney-In-Fact By: By: Its Its Note: A single copy of this bond is sufficient for submittal with the bid proposal. This bond must be executed and dated, all signatures must be notarized, and evidence of the authority of' any person signing as attorney -in fact must be attached. (Seat) 27 (Seal) CiLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 SanBernardino) On [Ahe �L(�) (� before me, Marian H. Perez, Notary Public Date/ \\ Here Insert Name and Title of the Officer personally appeared L) is (J i 1 (! 1� I Name(s) of Signer(s) who proved to me on the basis of satisfactoryevidence to be the pe onN whose name(} is aie sub to the within instrument and acknowle 1 to me that h eittey executed the same in he heir authorized capacity(i'�s), and that by h her hkir signature o e instrument the person), or the entity upon behalf of which the person(§) acte , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIAN H. PEREZ 'a COMM. #21141917 {( ,, Notary Puh11C - California � U Public Signature ti isH. SAN BE PNO CQUNTYta My Comm. Et. Mar, 16, 2017 i nature 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 Docum Title or Type of Document: Mi Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 11 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 0 1 .. �,., ..d. •L :1r • :1rU r Bond No: CDGB104937 State National insurance Company, Inc. Administered by: Premium; $0.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY INC, LOWER OT ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State al Texas, having its principal office in Eediord, -texas does hereby constitute and appoint ` ..w.� (individually, Jointly; or sereraily) its true and lawful agent and attomey(s)-in-fact to execute, seat and deliver for and on its behalf as surety, any and all bonds in an amount not to exceed: Three Million and 00/I00 Dollars ($3 000.0001 and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The acknowledgement and execution of bond by said Attorney -in -Pact, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office, RESOLVED that the signature and date of any authorized officer and the scat of the Company may be affixed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in die nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain it, full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY, INC. in a signed writing delivered to the foregoing Attorney -in -Fact. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed acrd its corporate seal to be affixed by its authorized officer, this 7th day of August, 2015. STATE NATIONAL INSURANCE COMPANY, INC. Terry L, Ledbetter, hreslvent Trace dbeHer, Secretary STATE OF TEXAS County of Tarrant On this 7th day of August, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me du ly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seat of said Company; that the Corporate Seat and each signature were ditty affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, t have hereunto or my hand at Bedford, Texas the day and year above written. EIBF- DEANA HOYVEIL otary Public, State of lexas p Signature of Notary [Notary Sta,npj my Commission Ex 'res danaary 07, 2018 I, the undersigned, Secretary of STATE NATIONAL INSURANCE COMPANY, INC, do hereby certify that thio above and Rra going is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., whichis still in full force and effect. 1N WITNESS WHEREOF, I have tliereunto systematically set my baud and attested the seal of said Company this3rd Ju e 016 a�ay �t �. Trace Ledbetter, Secretary 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 JUN 0 3 2016 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Names) of Signer(s) 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(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. SHIRLEY GIGGLES Commission # 1997675 WITNESS han an fficial s ,.� Notary Public - California z Los Angeles County 4 n Mi Comm. Expirea Se 7, 2016—Signatuce� Signature No ublic Place Notary Seat 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual []Attorney in Fact FI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual L7 Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item (25907 DECLARATION OF BIDDER'S QUALIFICATIONS The bidder shall furnish the following information: (Additional sheets may be attached if necessary.) (1) Address: 11529 Yorba Ave Chino CA 91710 (2) Telephone: 909-364-8566 (3) Contractor's License: State California License No. 512857 (4) Type of Firm: *Individual Partnership Corporation X Corporation chartered under laws of the State of California (5) Number of years as a Contractor in construction work of this type: 29 Years (6) Three projects of this type recently completed: CONTRACT TYPE OF PROJECT DATE OWNER'S NAME AMOUNT COMPLETED AND ADDRESS a i orma m 1. $1,235,880 00 Electrical Rehab of Pump Station 11/16/2015 10835 Nelson Dr. California City, CA 93505 County Sanitation District of Los Angeles 2. $3,615,863.52 Long Beach WRP 01/25/2014 1356 1Nexhal-an ^anti Rood `^n tier, CA 90601 3.$2,269.081 City of Anaheim 200 S. Anaheim Blvd. CA 92805 (7) Person who inspected site of the proposed work for your firm: Date * If an individual, so state. If a firm or a co -partnership, state the firm name, and give the names and addresses of all individuals, co-partners, composing the firm. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager and Treasurer thereof, with their business addresses. NOTE: If requested by the Owner, the bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Tamang Electric, Inc. Corporate Officers: Abel Tamang - President Rani Tamang - Treasurer Lois O'Neill - Secretary 28 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract, Section 3.04. DATE: 06/06/2016 Tarnang Electric, Inc. (CONTRACTOR) BY: (SIGNAT B� Wias j— Secretary (TITLE) ATTEST: BY: Wv`v �'nf (SIGN TRE) / ca, in q;ti Gtnr( 0 Treasurer (TITLE) 29 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that is will pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2, To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TTTLE OF OFFICER SIGNING Lois O'Neill SIGNATURE DATE 06/06/2016 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: NONE 30 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder Tamang Electric, Inc. , proposed subcontractor NIA , hereby certifies that he has X has not., participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has X , has not filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Tamang Electric, Inc (COMPANY) BY: Secretary (TITLE) DATE: 06106 2016. NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt). Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 31 TO: TIIE CITY OF DIAMOND BAR: STATE OF CALIFORNIA } )SS COUNTY OF San Bernardino i Lois O'Neill being first duly sworn, deposes and says that he or she is _,_ Secretary of Tamang Electric. Inc. the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyoneto fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information. or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. .r .x; Signature of-BW6r N STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of '2016. Notary Public in and for the County of State of California 32 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;5`-^� /�'�K`�A,.^ .,G. '_5.,<��-k .,C -.-:C-c���,2�<'.: .CY's.Srzh:,.;-� ..<.:C�^.,TF,F�. �� z�'%uf'�'��..�`.F.—.�.�.�-.t � �t.c�.4.-t-;2• State of California / ss. County of �t�Pr+'ct , rn tn J On G--,/ •-I &_ , before me, t? lac t u 1J,� 4111' Data Name and Tile of Olflcer (e.g.,'Jane Doe, Notary Publk") personally appeared d; 11 , Name(.) of s]gina(s) DENIS GALEANO Commission No. 2075158 r� NOTARY PUBLIC -CALIFORNIA { SAN BERNARDINO COUNTY z 3 CSmmission EayiBs JULY 19, 2018 ❑ personally known to me (Irproved to me on the basis of satisfactory evidence to be the personjspwhose name(K is/Avis subscribed to the within instrument and acknowledged to me that (h6/she/tJaey executed the same in Ibis(her/thetr authorized capacity(IO, and that by pis/her/tper`r signature(g) on the instrument the person(s), or the entity upon behalf of which the person(sy acted, executed the instrument. WITNESS my hand and official seal. Plaoe Notary seal Above /V . Sigriafure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document nn pp Title or Type of Document: Joh- t� rr'� iti4l ntn i1-F,a��' Document Date: (n-- /v - Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Panner —❑ Limited ❑ General ❑ Attorney in Fact. Top of Thumb here ❑ Trustee ❑ Guardian or Conservator - ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02004 National Notary Assoclalion •9350 De Soto Avo., P.O. Box 2402 • Chatsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call IDI] -Free 1.900-076-61327 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR CENTER RESTROOM LIGHTING REPLACEMENT PROJECT The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Design West Engineering ("Consultant') as the Engineer to design and prepare the plans for the Diamond Bar Center Restroom Lighting Replacement Project; B. The Consultant informed the Project Manager that these plans are complete and that construction of the Project may begin; C. The Project Manager reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The Project Manager, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 83,0.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 19th day of July, 2016. Nancy Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19th day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk CITY COUNCIL Agenda # 6. 9 Meeting Date: July 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: EXONERATION OF SURETY BO D NO. 389205S IN THE AMOUNT OF $327,540 AND SURETY BOND NO. 389647S IN THE AMOUNT OF $133,710 POSTED BY JCCL-SOUTH POINTE WEST, LLC FOR TENTATIVE TRACT MAP 63623 TO MITIGATE THE LANDSLIDE AT THE LOCATION OF THE FUTURE LARKSTONE PARK AND THE REHABILITATION OF LARKSTONE DRIVE. RECOMMENDATION: Approve. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: As part of the entitlements granted through tentative tract map approval for the property located within the City of Diamond Bar along Larkstone Drive, the subdivider, JCCL- Southpointe West, LLC., for Tentative Tract Map 63623 was required to mitigate the landslide at the location of the future Larkstone Park and rehabilitate Larkstone Drive from approximately 150 feet east of Dab Court to approximately 100 feet west of the Southpointe Middle School driveway entrance. Larkstone Drive is currently owned by the school district but will be converted to a public roadway as it will be the main point of access to Larkstone Park. It was required that Larkstone Drive be rehabilitated before being dedicated to the City. The rehabilitation was successfully completed in April of 2015. The subdivider guaranteed faithful performance and labor and materials by posting with the City surety bonds for the repair of the landslide and rehabilitation of the roadway. At the completion of the landslide removal, Leighton & Associates issued a report dated February 17, 2015 which determined the removal of the landslide from the location of the future Larkstone Park was completed to their satisfaction. The City's geotechnical engineering consultant, Willdan Geotechnical, concurred with Leighton's conclusion and the City Engineer's office accepted all grading activities. Lewis Operating Corp. has since sold the land to Lennar Homes of California, Inc. A grading permit has been issued to Lennar by the City and Lennar has posted bonds guaranteeing completion of the work. DISCUSSION: Upon receiving written request from JCCL-South Pointe West, LLC., on July 7, 2016, the Public Works Department reviewed the project file and determined that release of the bonds would be appropriate. The following surety bonds are recommended for exoneration: Surety Bond No. 389205S in the amount of $327,540.00 Surety Bond No. 389647S in the amount of $133,710.00 PREPARED BY: Fabian Aoun, Assistant Engineer Date Prepared: July 7, 2016 REVIEWED BY: David iu, birector of Public Works Attachments: LETTER OF REQUEST, July 7, 2016 F1 LEWIS MANAGEMENT CO". California DRE Corporate Broker License No. 01252241 1156 N. Mountain Ave., P.O. Box 670, Upland, CA 91785-0670 (909)985-0971 Fax (909)949-6799 July 7, 2016 Ms. Kimberly Young Senior Civil Engineer City of Diamond Bar Public Works Department 21810 Copley Drive 2nd Floor Diamond Bar, CA 91765 Dear Ms. Young, On behalf of JCCL-South Pointe West, LLC, I hereby request exoneration of bond numbers 389205S in the amount of $327,540 and 389647S in the amount of $133,710. Either the work has been completed or subsequent bonds have been posted by the current owner (Lennar Homes), We would appreciated the bonds being exonerated at the earliest convenience. If you have any questions please don't hesitate to contact me at 909-946-7515 or via email at erren.olearvO,lewismo,com. Sincerely, lo Erren O'Leary VP — Planned Communities CITY COUNCIL Agenda # 6. 10 Meeting Date: Juiv 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maraq--(�D TITLE: APPROPRIATE $80,000 OF TRAFFIC IMPROVEMENT FUNDS TO THE FY 16-17 CIP BUDGET; APPROVE RESOLUTION 2016 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARD THE CONSTRUCTION CONTRACT FOR THE AREA 4 RESIDENTIAL AND COLLECTOR ROAD MAINTENANCE PROJECT (BOUNDED BY CITY LIMIT TO THE NORTH, CALBOURNE DRIVE/ CITY LIMIT TO THE WEST, PATHFINDER TO THE SOUTH , BREA CANYON ROAD/ SR57 FREEWAY TO THE EAST) TO ALL- AMERICAN ASPHALT INC. IN THE AMOUNT OF $1,606,000 AND AUTHORIZE A CONTINGENCY AMOUNT OF $92,247 (5.74% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,698,247. RECOMMENDATION: Appropriate, approve, and award. FISCAL IMPACT: The Capital Improvement Program budget has $700,816 of Measure R Funds, $540,040 of Gas Tax Funds, $385,116 of Traffic Improvement Funds and $124,028 of Hauler Fees budgeted for the Area 4 Residential and Collector Roadway Maintenance project for a total allocation of $1,750,000 for design, construction administration and construction. To date, $119,753 for design and construction administration services and $12,000 for contingency has been encumbered. There is a balance of $1,618,247 remaining in the current budget. As shown in the table below, an appropriation of $80,000 from the Traffic Improvement Fund balance is being requested for the construction contract. 1 FY16-17 CIP Proj.# 01416 Budget Encumbrance Total Residential/Col lector Area $ 1,750,000 $ 1,750,000 Onward Design & CM Contract $ 119,753 $ 1,630,247 Onward Contingency (7.5%) $ 12,000 $ 1,618,247 All-American Asphalt Contract Base Bid Schedule A $ 1,535,000 $ 83,247 All-American Asphalt contract Additive Alternate Bid Schedule C $ 71,000 $ 12,247 All-American Asphalt Contingency (5.74%) $ 92,247 $ (80,000) Special Traffic Fund $ 80,000 $ 0 The contingency amount of $92,247 for All-American Asphalt will only be used in the event of unforeseen circumstances that will warrant a contract change order. BACKGROUND/DISCUSSION: The City's roadways are divided into 7 maintenance areas which are completed per area on an annual basis. The Area 4 Residential & Collector Street Rehabilitation Project is the fourth Area bounded by the City Limit to the North, Calbourne Road / City Limit to the West, Pathfinder Road to the South, and Brea Canyon Road /SR57 Freeway to the East (see attached Exhibit A). The current Pavement Management System Report identified several streets including cul- de-sacs within Area 4 to be in substandard condition. Due to these pavement conditions, using slurry seal will not be an effective pavement maintenance treatment. Therefore, these identified roadway segments will receive a chip seal treatment in addition to the normal slurry treatment which, when combined is referred to as a "cape seal". Other roadway segments will receive an edge grind and AC overlay treatment or slurry seal. With the completion of the plans and specifications, the project was advertised for bids on June 14, 2016 and originally scheduled for bid opening on June 30, 2016. Two addendums were issued with a new bid opening date of July 6, 2016. Five (5) bid proposals were received. All-American Asphalt was the lowest responsible bidder with a base bid in the amount of $1,535,000. The project specifications included three bid schedules. The first bid schedule, Schedule A, is for the base bid contract items for all work to complete the roadway rehabilitation project within Area 4. The second bid schedule, Additive Alternate Bid Schedule B, was included for the removal and replacement of cross gutters within Area 4. The third bid schedule, Additive Alternate Bid Schedule C, was included for the rehabilitation of Sunset Crossing Road between the southbound SR57 freeway off ramp and Diamond Bar Blvd. Alternate bid items could be added at the discretion of the City, but the contract would be 2 awarded to the lowest responsible bidder for Base Bid Schedule A only. The results for Base Bid Schedule A are shown below: Company Bid Amount 1. All-American Asphalt $1,535,000.00 2. Copp Contracting, Inc. $1,624,355.60 3. Hardy & Harper, Inc. $1,677,000.00 4. Sully Miller Co. $1,700,962.50 5. Intermountain Slurry Seal. $1,940,624.00 The engineer's estimate for each bid schedule as compared to the bids submitted by All Amorinnn Acnhnlf nra chn%nm halrnnr - The current condition of Sunset Crossing Road is in need of rehabilitation. Staff believes that it is in the best interest of the City to include the rehabilitation of Sunset Crossing Road with this contract and is therefore recommending a total contract award in the amount of $1,606.000 for Base Bid A and Additive Alternate C. The removal and replacement of concrete cross gutters can be completed at a later date. Staff has verified the contractor state license for All-American Asphalt to be valid. All- American Asphalt also has performed other similar projects in this City satisfactorily. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Reza Amirazodi, Project Manager REV[ 17B�: Davi iu, P.E. Director of Public Works July 19, 2016 August 2016 October 2016 DATE PREPARED: July 12, 2016 �dC �- Dianna Honeywell Finance Director ATTACHMENTS: EXHIBIT "A" — RESIDENTIAL SLURRY SEAL PROGRAM RESOLUTION 2016-xx CONTRACTOR AGREEMENT 3 Engineer's Estimate All American Asphalt Bid Base Bid Schedule A $ 1,606,070 $ 1,535,000 Additive Alternate Schedule B $ 306,000 $ 374,000 Additive Alternate Schedule C $ 62,996 $ 71,000 The current condition of Sunset Crossing Road is in need of rehabilitation. Staff believes that it is in the best interest of the City to include the rehabilitation of Sunset Crossing Road with this contract and is therefore recommending a total contract award in the amount of $1,606.000 for Base Bid A and Additive Alternate C. The removal and replacement of concrete cross gutters can be completed at a later date. Staff has verified the contractor state license for All-American Asphalt to be valid. All- American Asphalt also has performed other similar projects in this City satisfactorily. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Reza Amirazodi, Project Manager REV[ 17B�: Davi iu, P.E. Director of Public Works July 19, 2016 August 2016 October 2016 DATE PREPARED: July 12, 2016 �dC �- Dianna Honeywell Finance Director ATTACHMENTS: EXHIBIT "A" — RESIDENTIAL SLURRY SEAL PROGRAM RESOLUTION 2016-xx CONTRACTOR AGREEMENT 3 Exhibit "A" 4 .. I U CA _.N t: AV RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF AREA 4 RESIDENTIAL AND COLLECTOR ROADWAY REHABILITATION PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Onward Engineering ("Consultant") as the engineer to design and prepare the plans for Area 4 Residential and Collector Roadway Rehabilitation Project, B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the 2016- 2017 fiscal year budget to pay for the Project ("Project Payment Account") The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 19th day of July, 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19th day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk AGREEMENT 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 All-American Asphalt Incorporated 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 All-American Asphalt Inc. and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Area 4 Residential & Collector Roadway Rehabilitation Project 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 Area 4 Residential & Collector Roadwav Rehabilitation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 2016 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated July 6, 2016 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 work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 952059.1 t 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within fifty 50 working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of seven -hundred fifty ($750.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: 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." 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. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 952059.1 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. e. 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 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 952059.1 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 fob 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. 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 9520521 4 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 Indemnitees in such action or proceeding together with reasonable attorneys' fees. 952059.1 5 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. 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 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 952059.1 6 reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. #267073 CONTRACTOR'S Business Phone`(951) 736-7600 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: NANCY A. LYONS, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: DAVID DEBERRY, CITY ATTORNEY 1117=% 952059.1 7 CITY COUNCIL Agenda # 6. 11 Meeting Date: 07/19/2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana6Cf TITLE: ADOPTION OF RESOLUTION NO. X OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR FOR NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000 DURING THE 2016117 FISCAL YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO COMPLETE THE PURCHASES RECOMMENDATION: Adopt and authorize City Manager to execute agreement. FINANCIAL IMPACT: Funds for these supplies are included in the 2016/17 FY budget for the Civic Center, Diamond Bar Center, and Parks. BACKGROUND/DISCUSSION: The City has been using Waxie Sanitary Supply for over ten years to supply janitorial items for City facilities. Waxie provides high quality product and years of responsive customer service that staff has come to rely on. On February 17, 2015 the City Council authorized the use of the National IPA for purchases of Waxie products for the 2014/15 FY and on August 18, 2015 the City Council authorized the use of the National IPA for purchases of Waxie products for the 2015/16 FY. Prices have only increased about 2.25% overall when comparing last year's NIPA prices to this year's. Staff is seeking authorization use of the National IPA for purchases of Waxie products for 2016/17 FY. The City's purchasing policy, codified at Chapter 3.24 of the Diamond Bar Municipal Code generally requires the use of formal bidding procedures for procurement of goods and services that cost in excess of $40,000. Section 3.24.070(b)(4) provides an exception as follows: "When in the opinion of the Purchasing Manager or Purchasing Agent supplies, materials, personal property or equipment can be more efficiently or more cheaply obtained if acquired on behalf the City by the State Department of General Services or other government purchasing program, the Purchasing Manager or Purchasing Agent shall so advise the City Council. Acquisition of any such supplies, materials, personal property or equipment by the State Department of General Services or other government purchasing program may be authorized by resolution of the City Council." Staff recommends that the City forgo its own bidding process and piggyback on the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the National Intergovernmental Purchasing Alliance (National IPA) and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400 Waxie products that may be purchased by the City of Diamond Bar from Waxie Sanitary Supply as the local distributor for the Network Services Company. The National IPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the National IPA includes the following: 1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental (i.e.: "piggyback") contract usage. 2. The lead agency issues the solicitation and any required amendments and notifications, and conducts pre—proposal conferences/meetings. 3. Interested suppliers respond to the solicitation. 4. The lead agency evaluates the responses, negotiates the final terms and conditions and ultimately awards the master agreement. The National IPA procurement process is similar to the City's formal bidding procedures, which makes their master agreements appropriate for "piggybacking" for purchases of Waxie products included in the City of Tucson and Network Services Company master agreement. As a participant of National IPA, the City will receive the "NIPA" prices shown on the attached Waxie Price List, as opposed to the "Current" prices shown on the same Price List. Per the City's Purchasing Ordinance, participation of the City in a governmental purchasing program must be authorized by resolution of the City Council. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of the City Manager's purchasing authority of $40,000. Staff anticipates expenditures of $65,000 for Waxie products during the 2016/17 FY. PREPARED BY: Christy Murphey, Recreation Superintendent 17W1/IWITA:INJ Ryan McLVan Manager Dianna Honeywell Director of Finance Attachments: 1. Resolution No. 2016 -XX 2. Waxie Price Comparison List — Current Prices vs. NIPA Prices 2015 3. Waxie NIPA Diamond Bar current prices 4. Janitorial & Sanitation Supplies Executive Summary RESOLUTION NO. 2016 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000 DURING THE 2016/17 FISCAL YEAR WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more cheaply obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for city facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: Recognizes that certain supplies, materials, personal property and equipment can be more efficiently and more cheaply obtained if acquired on behalf the City as a participant of a government purchasing program. 2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance. 3. Appoints the City Manager of the City of Diamond Bar to direct and supervise the acquisition of all goods and services as a participant in the National Intergovernmental Purchasing Alliance. 4. Authorizes the City Manager to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during the 2016/17 fiscal year. Approved and Adopted on the 1 gth day of July, 2016. Nancy 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 a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of July, 2016 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar WAXIE $90 Guy Fiandaca Account Executive 909-938-9416 PLEASE FAX YOUR ORDER TO: 71, • • 1 r • Account: 146239 Ship To: Purchase Order: Ordered by: Item Number Description - U/M Current Price NIPA Price 1030400 So1Sta 300 WAXIE-Green Nonacid Bathroom Cleaner 4X3L CS $ 78.00 $ 46.76 1030837 WAXIE Drainzyme HD Drain Maintainer 12/Qt QT $ 6.04 $ 4.44 1070400 Folex Spotter - Quarts CS $ 53.99 $ 51.66 1070451 WAXIE Gum Away 11 Aerosol CS $ 46.99 $ 42.70 1070663 WAXIE-Green Encapsulating Carpet Pre -Spray 4X1 GL CS $ 96.99 $ 83.84 1070912 Extra (Host) Dry Carpet Cleaner 12lbs CS $ 125.67 $ 133.59 160161 Aim Deod Screen w/ Block CS $ 83.81 $ 42.36 160341 Wave 2.0 Deodorant Screen Herbal Mint 10/bx BX $ 22.93 $ 20.07 160342 Wave 2.0 Deodorant Screen Mango 10/bx BX $ 22.93 $ 20.07 160911 WAXIE Time Metered Mango Air Freshener 6.8oz BX $ 20.99 $ 25.92 160980 WAXIE 9000 -Shot Clean & Fresh Refill CS $ 40.77 $ 39.00 164011 WAXIE Mango Dry Air Freshener 10 -oz net CS $ 60.99 $ 42.57 164012 Timemist Mango Premium Hand -Held Air Freshener 12110oz CS $ 60.99 $ 42.57 170018 WAXIE Germicidal Ultra Bleach, 3x1 GL CS $ 8.00 $ 6.37 170200 SolSta 320 Disinfectant Bathroom Cleaner - - CS $ 82.00 $ 55.93 170700 SolSta 764 Lemon Quat Disinfectant Cleaner 3L CS $ 75.00 $ 52.26 180020 4600 Feather Duster -12" EA $ 9.95 $ 6.91 180060 4603 Feather Duster -23" EA $ 13.38 $ 9.22 180105 Round Wall Duster Brush Head Only EA $ 4.18 $ 3.22 290060 16" Brass Channel w/ Rubber EA $ 8.86 $ 6.65 290120 4" Brass Squeegee Handle EA $ 7.32 $ 5.48 290430 18" Refill Squeegee Rubber EA $ 2.98 $ 2.22 320200 SolSta 210 Neutral Cleaner CS $ 65.74 $ 48.97 350474 WAXIE W74 Medium Duty Scrubbing Sponge CS $ 21.00 $ 23.45 350632 Mr. Clean Magic Eraser CS $ 38.18 $ 26.46 380395 11280 KC In Counter Kleenex Luxury Foam Skin Cleanser w/ Moi CS $ 52.77 $ 46.87 380397 11331 KC Kleenex Counter Mount Skin Care Dispenser EA $ 19.34 $ 9.67 381663 2120 Space Saver Dispenser 1000ml EA $ - $ - 381680 Purell Instant Hand Sanitizer 1000ml CS $ 57.49 $ 42.97 385905 WAXIE Grand Touch 1000 ml Dispenser Black EA $ 2.37 $ 1.00 388084 White Lanolin Hand Soap CS $ 29.99 $ 17.66 573130 ProTeam Antimicrobial Micro Filter Bags for Super Coach Vac PK $ 21.95 $ 15.54 573765 Windsor 12' Vacuum & Solution Hose EA $ 208.27 $ 170.45 574140 16-1919 Belt EA $ 1.00 $ 0.52 574355 Paper Filter Bags & Pre -Filter for Spectrum 12P and 15P PK $ 11.78 $ 11.16 574820 886A Sanitaire EA $ 250.00 $ 225.50 577261 3M 4500 Floor Sweeper EA $ 193.67 $ 159.47 650350 WAXIE Blue Wonder Wet Mop Janitor CS $ 169.47 $ 118.89 650821 Big Mo #524 Dust Mop Head EA $ 9.86 $ 7.59 650822 WAXIE Dust Mop Frame 524 EA $ 5.25 $ 3.98 651171 60" Wood Snap-On Handle EA $ 10.00 $ 8.00 703084 40 x 47 1.5 mil Black Max Liner, 100/cs CS $ 39.64 $ 21.99 704525 30 x 37 1 ON Coreless Roll Liner CS $ 30.00 $ 23.96 750016 WAXIE-Green Bar Top Furniture Polish 16 -oz CS $ 40.18 $ 44.59 750321 WAXIE-Green Metal Brite Stainless Steel Cleaner Polish 16oz CS $ 61.45 $ 47.89 750860 3M SS Cleaner & Polish 21 oz CS $ 133.99 $ 98.53 770080 New Polishing Diapers Clothes DZ $ 28.48 $ 18.40 770100 New White Bar Towels CS $ 26.99 $ 32.23 AJA 7/14/2016 1 of 2 WAXIE -7® Guy Fiandaca Account Executive 909-938-9416 PLEASE FAX YOUR ORDER TO: 71. City of Diamonli Account: 146239 Ship To: Purchase Order: Ordered by: Item Number Description U/M Current Price NIPq . Price 770166 WAXIE NewGold Striped Cln Towels Conv Pack BX $ 45.00 $ 49.62 770186 WAXIE New Blue Striped Cln Towels Conv Pack BX $ 43.54 $ 49.62 770325 Green Microfiber Dusting Sleeve 3 per pk PK $ 12.62 $ 8.36 791255 8644 Nitrile Disposable Powder Free GP Gloves - Blue- Medium BX $ 8.58 $ 6.93 791320 ProGuard 8606 GP Vinyl Powdered Gloves M BX $ 6.76 $ 3.69 791325 ProGuard 8606 GP Vinyl Powdered Gloves L BX $ 6.76 $ 3.69 791855 ProGuard 8625 Powder free Latex GP Gloves Medium CS $ 80.00 $ 73.00 791860 ProGuard 8625 Powder free Latex GP Gloves Large CS $ 80.00 $ 73.00 792362 Disposable Dust and Mist Respirator BX $ 15.84 $ 9.99 820765 Waxed Kraft Liners for Wall Unit - -- CS $ 35.00 $ 18.16 850232 2001 Clean & Soft White Mlt-fold Towel CS $ 31.38 $ 22.71 850235 21000 Signature Premium Multifold Towel CS $ 27.99 $ 16.24 850572 3600 Clean & Soft White Roll Towels CS $ 69.99 $ 47.65 851127 18280/01 Preference White 2 -Ply Toilet Tiss CS $ 56.00 $ 38.47 851178 1855 Clean & Soft White 2 -ply Toilet Tissue CS $ 46.28 $ 44.32 851530 041 WAXIE Seat Cover CS $ 36.53 $ 41.57 851900 283-604 Theft Resistant Spindle EA $ 6.31 $ 4.47 851915 283-504 Chrome Standard Spindle EA $ 1.96 $ 1.56 870499 Speedball Power Cleaner quarts CS $ 63.00 $ 40.67 870530 Speedball 2000 Cleaner quarts CS $ 60.72 $ 41.85 890040 Trigger Sprayer 22-32oz EA $ 1.55 $ 0.61 890050 WAXIE Spray Bottle - 32oz EA $ 1.14 $ 0.73 932294 Speedtrack Clean/Burnish Fragrance Free CS $ 81.26 $ 63.29 950110 SolSta 543 WAXIE-Green Glass and Surface Cleaner CS $ 69.99 $ 45.12 950144 WAXIE Sparkle Liquid Glass & Surface Cleaner CS $ 24.45 $ 14.06 950151 WAXIE Sparkle Glass Cleaner Aero 19oz CS $ 39.04 $ 32.16 1070912 Extra (Host) Dry Carpet Cleaner 12lbs - CS $ 189.14 $ 133.59 AJA 7/14/2016 2 of 2 WAXIER SANITARY SUPPLY Guy Fiandaca Account Executive 909-938-9416 PLEASE FAX YOUR ORDER TO: 714-545-0569 City of Diamond Bar Account Number: 146239 Please note WAXIE Sanitary Supply will honor these prices until Wednesday, May 31, 2017 At which time they will subject to manufacturer price increases. Proof of increase will be provided upon request. Purchase Order: Ordered by: Item Number Description U/M NIPA Price 1030400 WAXIE-Green SolSta Nonacid Bathroom Cleaner 4/3L CS $ 56.85 1030837 WAXIE Drainzyme HD Drain Maintainer quarts QT $ 4.55 1070400 Folex Spotter Quart CS $ 59.35 1070451 WAXIE Gum Away II 6oz CS $ 43.55 1070663 WAXIE-Green Encapsulating Pre -Spray gallons CS $ 86.92 1070912 Extra (Host) Dry Carpet Cleaner 12lbs CS $ 168.94 160161 Aim Deod Screen w/ Block CS $ 44.88 160911 WAXIE Time Metered Mango Air Freshener 6.8oz BX $ 22.19 160980 WAXIE 9000 -Shot Clean & Fresh Refill CS $ 39.00 164011 WAXIE Mango Dry Air Freshener 10 -oz net CS $ 46.91 164012 Timemist Mango Premium Hand -Held Air Freshener 12/10oz CS $ 70.77 170018 WAXIE Germicidal Ultra Bleach gallons CS $ 6.83 170200 SolSta 320 Disinfectant Bathroom Cleaner CS $ 57.63 170700 SolSta 764 Lemon Quat Disinfectant Cleaner 3L- CS $ 51.36 180020 4600 Feather Duster -12" EA $ 6.54 180060 4603 Feather Duster -23" EA $ 8.80 180105 Round Wall Duster Brush Head Only EA $ 3.58 290060 16" Brass Channel w/ Rubber EA $ 7.28 290120 4" Brass Squeegee Handle EA $ 6.01 290430 18" Refill Squeegee Rubber EA $ 2.45 320200 SolSta 210 Neutral Cleaner CS $ 51.58 350474 WAXIE W74 Medium Duty Scrubbing Sponge CS $ 18.36 350632 Mr. Clean Magic Eraser CS $ 28.75 380395 11280 KC In Counter Kleenex Luxury Foam Skin Cleanser w/ Mois CS $ 36.52 380397 11331 KC Kleenex Counter Mount Skin Care Dispenser EA $ 8.33 381663 2120 Space Saver Dispenser 1000ml EA $ 0.01 381680 Purell Instant Hand Sanitizer 1000ml CS $ 45.13 385905 WAXIE Grand Touch 1000 ml Dispenser Black EA $ 13.33 388084 White Lanolin Hand Soap CS $ 20.12 573130 ProTeam Antimicrobial Micro Filter Bags for Super Coach Vac PK $ 20.80 573765 Windsor 12' Vacuum & Solution Hose EA $ 199.35 574140 16-1919 Belt EA $ 1.19 574355 Paper Filter Bags & Pre -Filter for Spectrum 12P and 15P PK $ 11.16 574820 886A Sanitaire EA $ 226.55 577261 3M 4500 Floor Sweeper EA $ 195.14 650350 WAXIE Blue Wonder Wet Mop Janitor CS $ 123.45 650821 Big Mo #524 Dust Mop Head EA $ 7.77 650822 WAXIE Dust Mop Frame 524 EA $ 4.31 651171 60" Wood Snap-On Handle EA $ 8.66 AJA 7/14/2016 1 of 2 WAXIE &IN SANITARY SUPPLY Guy Fiandaca Account Executive 909-938-9416 PLEASE FAX YOUR ORDER TO: 714-545-0569 City of Diamond Bar Account Number: 146239 Please note WAXIE Sanitary Supply will honor these prices until Wednesday, May 31, 2017 At which time they will subject to manufacturer price increases. Proof of increase will be provided upon request. Purchase Order: Ordered by: Item Number Description U/M NIPA Price 703084 40 x 47 1.5 mil Black Max Liner, 100/cs CS $ 22.54 704525 30 x 37 1 ON Coreless Roll Liner CS $ 22.09 750016 WAXIE-Green Bar Top Furniture Polish 16 -oz CS $ 45.47 750321 WAXIE-Green Metal Brite Stainless Steel Cleaner Polish 16oz CS $ 48.85 750860 3M SS Cleaner & Polish 21oz CS $ 101.30 770080 New Polishing Diapers Clothes DZ $ 19.93 770100 New White Bar Towels CS $ 34.91 770166 WAXIE NewGold Striped Cln Towels Conv Pack BX $ 51.00 770186 WAXIE New Blue Striped Cln Towels Conv Pack BX $ 53.00 770325 Green Microfiber Dusting Sleeve 3 per pk - PK $ 8.48 791255 8644 Nitrile Disposable Powder Free GP Gloves - Blue- Medium BX $ 7.37 791320 ProGuard 8606 GP Vinyl Powdered Gloves M BX $ 4.06 791325 ProGuard 8606 GP Vinyl Powdered Gloves L BX $ 4.06 791855 ProGuard 8625 Powder free Latex GP Gloves Medium CS $ 65.10 791860 ProGuard 8625 Powder free Latex GP Gloves Large CS $ 65.10 792362 Disposable Dust and Mist Respirator BX $ 10.13 820765 Waxed Kraft Liners for Wall Unit CS $ 17.14 850232 2001 Clean & Soft White Mlt-fold. Towel CS $ 21.69 850235 21000 Signature Premium Multifold Towel CS $ 16.43 850572 3600 Clean & Soft White Roll Towels CS $ 47.65 851127 18280/01 Preference White 2 -Ply Toilet Tiss CS $ 38.93 851178 1855 Clean & Soft White 2 -ply Toilet Tissue CS $ 38.98 851530 041 WAXIE Seat Cover CS $ 35.64 851900 283-604 Theft Resistant Spindle EA $ 4.98 851915 283-504 Chrome Standard Spindle - EA $ 1.61 870499 Speedball Power Cleaner quarts CS $ 41.19 870530 Speedball 2000 Cleaner quarts CS $ 42.39 890040 Trigger Sprayer 22-32oz EA $ 0.52 890050 WAXIE Spray Bottle - 32oz EA $ 0.67 932294 Speedtrack Clean/Burnish Fragrance Free CS $ 55.18 950110 SolSta 543 WAXIE-Green Glass and Surface Cleaner CS $ 47.83 950144 WAXIE Sparkle Liquid Glass & Surface Cleaner CS $ 14.90 950151 WAXIE Sparkle Glass Cleaner Aero 19oz CS $ 33.45 1070912 Extra (Host) Dry Carpet Cleaner 12lbs CS $ 168.94 AJA 7/14/2016 2 of 2 W -, L WAMAI k I W, Janitorial and Sanitation Supplies, Equipment and Related Services Executive Summary Lead Agency: City of Tucson, Arizona RFP Issued: January 23, 2015 Response Due Date: February 20, 2015 Awarded to: network, DISTRIBUTION BY DESIGN Solicitation: 151148 Pre -Proposal Date: February 5, 2015 Proposals Received: 3 The City of Tucson, Arizona Department of Procurement issued Request for Proposal # 151148 on January 23, 2015, to establish a national contract forjanitorial and sanitation supplies, equipment and related services. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Tucson, AZ website • Hawaii Tribune—Herald, HI • Daily Journal of Commerce, OR • The State, SC • The Olympian, WA • Times Union, NY • National IPA website On February 20, 2015 proposals were received from the following offerors: • Office Depot • SMA • Network Services Company The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Network Services Company and proceeding with contract award upon successful Completion of negotiations. The City of Tucson, AZ, National IPA and Network Services Company successfully negotiated a contract and the City of Tucson executed the agreement with a contract effective date of August 3, 2015. Contract Includes: Page 1 of 2 All janitorial and sanitation product and supply needs are available via the City of Tucson, AZ national cooperative award. Term: Initial two-year agreement from August 3, 2015 through August 2, 2017 with the option to renew for three (3) additional one-year periods through August 2, 2020. Pricing/Discount: • The National Core List of items represent the high use items nationwide offered by Network Services Company at a discounted net price. This is NOT the complete list of janitorial and sanitation products available under the contract. • Agency -Specific Custom Core Lists are available to accommodate the diverse specific products needs of agencies nationwide. Each agency has the opportunity to build a list of their most highly utilized items and brands. These items are priced based on regional market conditions in order to drive additional savings. Large volume discounts are available. Your agency s local Network Services distributor will work with you to ensure your savings are maximized via the cooperative contract. Page 2 of 2 Agenda # 6.1 z Meeting Date: July 19, 2016 CITY COUNCIL AGENDA REPORT . �nkroi+T'Sy;7 �j TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: UPDATED PROGRAM POLI IES FOR THE CITY'S HOME IMPROVEMENT PROGRAM RECOMMENDATION: Approve BUDGET IMPLICATION: The City's Community Development Block Grant (CDBG) Budget includes an annual allocation to the City's Home Improvement Program (HIP). The FY 2016/17 allocation is $100,000. CDBG funds are distributed by HUD. The CDBG Program does not impact the City's General Fund. BACKGROUND: The primary goal of the City's Home Improvement Program is to preserve and enhance single-family neighborhoods throughout the City by providing interest-free funding to eligible homeowners for the maintenance of safe, decent and sanitary housing. HIP funds may be used to correct hazardous structural conditions; to make reasonable accommodations for persons with disabilities; to improve the overall exterior appearance of the home; to eliminate an appearance of blight; and to correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in this program. The current, adopted City policies for implementing the Home Improvement Program allow participants to apply for deferred loans of up to $10,000, and grants of up to $5,000, as well as grants of up to $2,000 for emergency repairs. Staff is instead recommending amendments to the HIP policies to substitute the grant funding with an increase the maximum deferred loan amount in order to: 1) still allow eligible homeowners to make necessary and appropriate improvements; 2) to reflect current labor and materials costs; and 3) to better ensure that HIP funds are dispersed to those with the greatest need. DISCUSSION: The proposed updated HIP Program Polices (Attachments land 2) set forth the specifics of the program such as the purpose and goal, eligibility criteria, eligible improvements and costs, and terms and conditions to receive assistance. The substantive changes in the revised Policies are summarized below: • Elimination of Grants — As stated, the current policies allow for up to $7,000 in grant funds to eligible participants. However, a recent recipient of a $10,000 loan and a $5,000 grant sold her home at a profit shortly after completing the HIP -funded improvements. It is not the intent of the Home Improvement Program to facilitate the flipping of properties, and although the loan amount was repaid at the close of escrow, the grant money could not be recovered, and it is regrettable that this self-serving act deprived another eligible homeowner access to those funds. • Increase in Deferred Loan Amount from $10,000 to $20,000 —With the elimination of grants, staff proposes to increase the deferred loan cap so that essential home improvements can still be funded. The maximum combined total of deferred loan and non -emergency grant funds under the policies in effect since 2004 has been $15,000, which equates to $19,076 today when the cumulative inflation rate of 27.2% over the past 12 years is factored in. As such, staff believes that an increased loan cap to $20,000 is appropriate. Further analysis is provided below. Twenty-three HIP projects were approved and funded during the past five fiscal years. Typical improvements include reroofs, exterior paint, termite inspections and repairs, attic insulation, front window and door replacements, carpeting, plumbing repairs and water heater replacements. Disbursements during that period totaled $366,190. The average grant/loan combination was $15,064 (six of the 23 recipients applied for and received grants only). In FY 2011/12, five applications were approved, and all of the construction bids came in at or below the dollar amount for the scope of work approved by the HIP Screening Committee. In FY 2012/13, all bids for one of the five approved projects exceeded the approved loan/grant amount, and the scope of work had to be reduced in order to comply with the HIP award limits. The following year, two of the eight approved projects had to be scaled back in response to the initial bids received. In FY 2014/15, the pattern continued, with three of the five approved projects needing to be scaled back as a result of the bids received. As indicated by the above data, the current $15,000 cap is becoming increasingly insufficient to cover the costs for eligible home improvements. Increasing that cap to $20,000 would, in many cases, enable those improvements to be performed; and in other cases, allow for fewer cutbacks in response to construction bids that overshoot the award limits. • Establish a Minimum Period of Ownership — The Home Improvement Program is available only to low/moderate income owner -occupants of single-family detached homes. The current policy document, however, does not have a minimum ownership time period before a homeowner would be eligible to participate in the HIP program. HIP Program Consulting Services Agreement First Amendment FY 2016/17 Page 2 To reduce possibility of subsidizing opportunistic resales, the proposed policy updates require eligible participants to have owned their property for at least one year prior to applying for an HIP loan. Also attached for Council review are the Home Improvement Program Implementation Procedures. The Implementation Procedures—which are unaffected by the proposed policy document changes—identify specifically how the City Council HIP Program Policies will be implemented, and are provided for informational purposes only. Respectfully submitted: Greg Gubman, AICP Community Development Director Attachments: 1. Revised HIP Policies (redline version) 2. Revised HIP Policies (clean version) 3. HIP Implementation Procedures HIP Program Consulting Services Agreement First Amendment FY 2016/17 Page 3 CITY OF DIAMOND BAR HOME IMPROVEMENT PROGRAM PROGRAM POLICIES CITY OF DIAMOND BAR vFP.AA.RTA. NT -^OF COMMUNITY DEVELOPMENT DEPARTMENT 2182610 EAST COPLEY DRIVE DIAMOND BAR, CA 91765 REVISED DRAFT DECEMBER 29 2006JUNE 2016 OVERVIEW OF PROGRAM A. Purpose and Goal The purpose of the City of Diamond Bar Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City;-__by providin�c a graats-andinterest-free loans to eligible Items wners of single family detached dwellings for the following Purposes: the preservation of safe, decent and sanitary housing; to correct hazardous structural conditions; to make medifisatiens neGesswy to provide hand capped amess to the reasonable accommodations for persons with disabilities; to improve the overall exterior appearance of the home; to eliminate an appearance of blight; and to correct exterior code violations through the Provision Of ^r^^te and loans. The e;, g:b.e;mpFevements a11 depend 9R wh ch of the three types of pFograms will be utilized to prev de seistanGA B. Objective The objective of -the -Home Improvement Program is-te-provides grants and loans to assist eligible low- and moderate- income residential owner/occupants in maintaining the City's existing residential neighborhoods through home rehabilitation C. Programs Grants -and -Interest-free. deferred 6loans Mtiha1l be provided to eligible low- and moderate- income households of owner occupied single-family detached homesto cover the cost of housing repairs in accordance with the criteria outlined within this D. Source of Funds The source of funds for the Home Improvement Program is a Community Development Block Grant administered by the Community Development Commission (CDC) of the County of Los Angeles through a subrecipient agreement with the City of Diamond Bar. The CDC acts as an agent for, and receives Community Development Block Grant (CDBG) funds made available by, the U.S. Department of Housing and Urban Development (HUD). These funds are specifically targeted to benefit low- and moderate- income households and eliminate slums and blight. The City of Diamond Bar desires to make these funds available to qualified low- and moderate- income residents. The City is obligated to follow and fulfill the terms and conditions of its agreement with the CDC, established CDC policies and procedures and Federal and local rules and regulations. This document establishes City Council policy and procedures for the Home Improvement Program (HIP). Home Improvement Program Policies I Draft Update: June 21 2016 Page 1 of 16 HIP PFGOFaM PO!WeS Updated April 16, 209 Page Ne. 2 Commented [eg1]: Language added to make clear that houses must be owner occupied at all times, and at no time may a lone recipient become the owner ofteal property other Wan their primary residence. Q4, of Di mond Bar- Herne-lrrnpm.^ :�;a��lisies II. DEFERRED LOANHOME IMPROVEMENT PROGRAMS Eligible homeowners may utilize assistance under the grant, emeFgenG --grant, and deferred loan programs. Repeat assistance will be allowed for loans once every five (5) gears provided that the balance of all outstanding loans may not exceed $258003o cool--- - Comas menced [GG21: Reasoning herein that atleaathatror The City will offer the following homd ma original loeoahouldbe paid of. improvement programs to assist low- and moderate -income households with necessary improvements to their residences. Participation in the Home Improvement Program is subject to the additional requirements described in Sections 11 through V of these Program Guidelines. A Grant PFograrn Targ o of gren median hnuggheki Maximum Amount! $6,900 Projeot 6esatien: Gitywide Home Improvement Program Policies I Draft Uodate� June 21 2016 Pace 2 of 16 HIP Program Polices UpdaledApd!16,2009 Page Ne. 2 9#y of Diamo d-@aF44em&4mprevem�ies G Deferred Loan Program Target Income Group: 80% of area median household income Maximum Loan Amount: $320,000 (inclusive of all fees) FeGemmpndAtien emergencyStUatiARS The Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in an amount less than the allowable maximum may amend the amount of the loan not to exceed the allowable maximum if such amendment is approved by the City Manger. PFoject-LecatienEliaible Properties: 6lEywideOwner-occupied single-family detached residences throughout the City Security: Recorded Trust Deed / Promissory Note Loan Rate and Term: 0% interest / Deferred loan payable upon sale, transfer of title or refinancing of any loan in prior position to that of the City. Fees: All Fees associated with the loan such as PIRT Policy and recordation fees may be added to loan principal (whieh The combined total of the loan and fee amounts shall not exceed $20.000. Repeat Assistance: Owner Occupied Single -Family Properties - Repeat assistance may be allowed for loans once every five (5) years provided that the balance of all outstanding deferred HIP loans does not exceed $2530,000. Equity The total indebtedness or all recorded liens may not exceed ninety-five (95%) of the fair market value of the home after rehabilitation. Special Requirements: Home Improvement Program loans must be recorded against the property in first or second position only. Exceptions will be reviewed on a case by case basis. Eligible Improvements: Correction of hazardous structural conditions; modifications necessary to provide kandisapped ^'b"'•• to the dwellingLeasonable accommodations Home Improvement Program Policies I Draft Update: June 21, 2016 Page 3 of 16 14112 Program Pei a Bs Updated APF 1 16, 2099 Page -Ne. 2 for persons with disabilities; improvements to the overall exterior appearance of the home; elimination of an appearance of blight; correction of exterior code violations; and other eligible exterior and interior improvements. priority will be gyan to exlerq* !MPrOVBFR@RtS that are visible ftem any publiG F; -------Commented [GG31:I1ftis conflicts with the priority list in See Section IV for a more detailed explanation of eligible section rV, which place,"numthimy improvement" at the and ineligible improvements. top. D. Denied Applications Applicants who are denied authorization to participate in the City of Diamond Bar's Home Improvement Program for any reason may not reapply for assistance within the following two (2) years after the date of the denial of the application. M. APPLICATION SUBMITTAL PROCESS A. Pre -Screening B. Interest List C. HIP Application include the following materials: 1. General Qualifications and Conditions Form 2. Items Required for Submission List 3. Program Application 4. Lead Based Paint Pamphlet 5. Lead Based Paint Notification 6. Hazardous Materials Inspection Notice Home Imorovement Program Policies I Draft Update June 21 2016 Page 4 of 16 HIP PFOgMM Policies Updated April 16, 2009 Page Ole. 2 7. Asbestos in Your Home Pamphlet 8. Confirmation of Receipt (Hazardous Materials Transmittals) are received. IVIL ELIGIBILITY CRITERIA A. Applicant Eligibility Requirements Applicant eligibility is established by Federal Law set forth in the Code of Federal Regulations 24CFR Part 5 and as interpreted by the Los Angeles County Community Development Commission (CDC). 1. Household Income Adjusted Gross annual household income may not exceed 80% of the Los Angeles County median income adjusted for family size as provided by the U.S. Department of Housing and Urban Development (HUD). The City will require documentation of both household size and household income information in order to determine applicant eligibility. a. Definition of Household. For the purposes of determining Program eligibility, "household" means a person or persons occupying a dwelling unit as the principal place of residence. b. Definition of Annual Income: For the purposes of determining Program eligibility, annual income shall be defined as the total household income received from all sources by an individual or family, including the head of household, spouse, and each additional adult member of the household who has earnedor received income during a 12 -month period prior to their application for services. INCOME ELIGIBLE FOR REVIEW Failure to disclose or adequately document all sources of income will result in an automatic denial of the application for assistance. Reviewed income must include, but not be limited to, the following 1) Personal Service Income, including the full amount of all earnings, before any payroll deductions of wages and/or salaries, overtime pay, commissions, fees, tips, bonuses, and other compensation for personal services. Home Improvement Program Policies I Draft Update June 21 2016 Page 5 of 16 HIP y eat-P-regs m P Velez 2) Business or Professional Service Income, including net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness must not be used as deductions in determining net income. Any withdrawal of cash or assets from the operation of a business or profession will be considered income, except to the extent the withdrawal is a reimbursement of cash or assets invested in the operation by the family. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation as provided in Internal Revenue Service regulations. 3) Interest and Dividend Income, including interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as a deduction in determining net income. An allowance for depreciation is permitted only as authorized in Section 2, above. Any withdrawal of cash or assets from an investment will be included as part of net income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rates as determined by the U.S. Department of Housing and Urban Development (HUD). 4) Payments in Lieu of Earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except for lump -sum payments described in Income Exempt from Review - Section 2, [Income Exempt from Review] below). 5) Periodic Payments, including the full amount of periodic payments received from social security, annuities, insurance policies, retirement, pensions, disability or death benefits and other similar types of periodic receipts, including a lump -sum payment for the delayed start of a periodic payment. 6) Periodic and Determinable Allowance, such as alimony and child support payments, and regular contributions of gifts received from persons not residing in the dwelling. 7) Welfare Assistance, including the amount of welfare allowance or grant, but excluding any funds specifically designed for shelter and utilities that are subject to adjustment by the welfare assistance agency (in accordance with the actual cost of shelter and utilities). 8) Armed Forces Income, including all regular pay, special pay and allowances of a member of the Armed Forces (but exempting armed forces special pay described in Income Exempt from Review - Section 6, [Income Exempt from Review] below). 9) Tax Credits, including any earned income tax credit to the extent it exceeds income tax liability. Home Improvement Program Policies I Draft Update June 21 2016 Page 6 of 16 uo PFOOFaM Pie' .. Updated Apr. 16, 2009 Rage PIG. 2 INCOME EXEMPT FROM REVIEW The calculation of annual income shall not include the following 1) Income from Children, including income from the employment of children (including foster children) under the age of 18 years, or payments received for the care of foster children. 2) Lump -Sum Payments, including additions to family assets, such as inheritances, insurance payments (e.g. health and accident insurance, and worker's compensation), capital gains and settlement for personal or property losses (see Income Eligible for Review- Sections 4 and 5, [Income Eligible for Review] above, for income that should be included). 3) Reimbursement for Medical Costs, including all payments received by the family that are specifically for or in reimbursement of medical expenses for any family member. 4) Live-in Aide Income, including the income of a live-in aide employed because of a medical condition of a family member. 5) Education Payments, including educational scholarships paid directly to the student or to the educational institution, and Government funds paid to a veteran for tuition fees, books, equipment, materials, supplies, transportation and miscellaneous personal expenses of the student. Any amount of such scholarship or payment to a veteran not used for the above purposes that is available for subsistence is to be included in income. 6) Armed Forces (Special Pay), special pay to a family member serving in the Armed Forces, exposed to hostile fire. 7) Government Program Payments, including the following a) HUD Funded: Amounts received under training programs funded by HUD. b) Disabled Person Income: Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income (SSI) eligibility and benefits, because they are set aside for use under a Plan to Attain Self - Sufficiency (PASS). c) Public Program Assistance: Amount received by a participant in other publicly -assisted programs, which are specifically for or In reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and made solely to allow _participation in a specific program. Home Improvement Program Policies I Draft Update: June 21 2016 Page 7 of 16 HIP PF09MM PGIFG Be Updated April 16, 2009 Page No. 2 d) Federal Statue Exempt Income: Amounts specifically excluded by any other Federal statue from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the U.S. Housing Act of 1937. 8) Temporary Income, considered temporary, nonrecurring or sporadic in nature (including gifts). Income determinations are subject to the submission and verification requirements of the City of Diamond Bar, and are subject to changes based on the programmatic requirements of the Los Angeles County Community Development Commission (CDC) and the Community Development Block Grant Program (CDBG). The City of Diamond Bar will make the final decision in situations where the classification of income is disputed. 2. Ownership of Real Property other than Primary Residence —Ownership of rental property or other real estate holdings other than the owner's primary residence is prohibited and will result in the rejection of an application for assistance. B. Property Eligibility Requirements In accordance with the requirements of Section III.(A) (Homeowner Eligibility Requirements) above, following determination of homeowner eligibility, the owner must demonstrate properly eligibility. To be eligible to receive program assistance, real property will be evaluated and must meet each of the requirements set forth below: Location and Type of Property The property must be a detached single-family dwelling unit located within the corporate boundary of the City of Diamond Bar. 2. Condition —The property must be in need of repairs to (i) correct existing nonconforming development standards, (ii) correct existing nonconforming local and/or state code requirements, (iii) correct existing local and/or state code violations, (iv) protect the structural integrity of the dwelling, (v) promote neighborhood preservation and safety, (vi) refurbish exterior and/or eligible interior improvements (necessary for health and safety), or (vii) aid the mobility of the physically disabled and/or elderly. All repairs must qualify as eligible repairs as defined in Section IV and as may be approved by CDC. Note: Existing City code violations that represent health and safety or hazardous conditions may be resolved using Home Improvement Program (HIP) funds. Any non -eligible code violation must be resolved by the homeowner. Home Improvement Program Policies I Draft Update June 21 2016 Page 6 of 16 HIP -Program -Rei a -- Updated Ap91 16, =--- Page -Isle. 2 3. Ownership and Owner -Occupancy Requirements The income eligible homeowners) must hold record fee simple title to the property, and must occupy the property as a principal residence. The City will not approve home improvement projects for homes listed for sale. 4. Length of Ownership The income eligible homeowner(s) must have owned the eligible property for a minimum of one (1) year at the time of application 54. Equity The total indebtedness of all recorded liens, including the City's Home Improvement Program loan, may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation. For the purposes of this calculation, encumbrances must include the proposed principal amount of the Program loan requested by the eligible owner. 66. Hazard Insurance All properties must be insured with an all-risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Furthermore, all properties located within the 100 -year floodplain that receive assistance under the Program must maintain flood insurance in the amount of the improvements for the term of the loan. 67. Property/Income Tax Delinquency or Liens All property taxes and assessments must be paid current, and the property must not have any recorded property or income tax liens. 78. Outstanding Judgments and Obligations All outstanding mortgages recorded against the subject property must be current. Furthermore, outstanding tax liens, mechanics liens and/orjudgments recorded against the property to be rehabilitated must be paid prior to participating in the program unless waived by the Home Improvement Screening Committee. IV. ELIGIBLE & INELIGIBLE IMPROVEMENTS A. Order of Priorities for Eligible Improvements The following order of priorities will apply to all eligible improvements made using the City's Home Improvement Program funds. All improvements listed within any given priority category must be addressed prior to the inclusion of items identified as having a lower priority. Home Improvement Program Policies I Draft Update June 21 2016 Page 9 of 16 Hll2PF8gMfflPGlGeS Updated APF; 16,2099 e Page -Ne -4 SNyef-&Fregram Pogsies 1. Mandatory Improvements: Mandatory Improvements including those needed to alleviate conditions that present an immediate threat to the health and safety of the property's occupants and those needed to correct existing hazardous building, zoning and public nuisance code violations. 2. Exterior Improvements: Improvements needed to repair or replace hazardous, broken, damaged and/or deteriorated elements of the main dwelling. 3. Lead Based Paint Improvements: Lead based paint improvements as required by the U.S. Department of Housing and Urban Development. B. Eligible Improvements All eligible improvements must be physically located on the subject property or be permanently attached to the subject dwelling unit. Following an inspection of the subject property in accordance with Program requirements, the City's Screening Committee must approve: 1) applicant eligibility; and 2) the scope, type and nature of the proposed improvements. All eligible rehabilitation work must be accomplished by qualified, licensed, and insured contractors selected in accordance with Program Implementation Procedures. The City's Home Improvement Program is designed to provide for the repair, and If necessary, the replacement of hazardous, damaged, deteriorated or failing items located on an eligible property. In the event that the replacement of damaged, deteriorated or failing items is necessary, the replacement items shall be in-kind or like -priced material. Luxury quality items will not be used in making necessary repairs. The program is not designed to provide for the upgrade of single-family dwellings. Some eligible improvements are subject to material allowances. A description of all applicable cost allowances will be provided to the applicant if requested. A listing and description of all eligible improvements, including item - specific restrictions (if applicable) is provided below: 1. Abatement of Code Violations: All work including but not limited to demolition, construction, rehabilitation, replacement (subject to program restrictions), and installation needed to abate hazardous violations of the City codes. 2. Accessibility Modifications: All modifications, alterations, or additions necessary to facilitate access and use of the dwelling by disabled persons are permitted. These may include the installation of handicap ramps, grab bars, and accessible shower enclosures; the modification of doorways, hallways, countertop elevations; and other adaptive measures. 3. Deadbolt Locks: Installation of single cylinder deadbolt locks is required on all entry doors. 4. DoorslWlndows/Screens: Repair and replacement of worn or damaged exterior doors, windows, orscreens is permitted with those of similar type and/or quality. Enlargement of door/window openings is permitted only where the Home Improvement Program Policies I Draft Update: June 21 2016 Page 10 of 16 HIP a Polcies Updated Ap91 16, 2999 6iFysFBiamenA-@ar-kleme,anF,QreQramFelisies existing door/window area is non-compliant with current building codes, and only to the extent needed to achieve building code compliance. 5. Electrical: Repair and upgrading of electrical system, if required by the current adopted Electrical Code, including service panels, wiring, outlets, and switches. Replacement of fixtures and installation of security lighting is eligible subject to a $40.00 per fixture material cost allowance. 5. Energy Conservation: Installation or replacement of Insulation, weather stripping, water heater, and attic ventilators. Installation of energy efficient doors and windows is allowable provided that the conditions outlined under DoorsfWindows are met. Other energy conservation measures or equipment as may be approved by the CDC may be installed. 7. Garage Doors: The repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs is eligible, provided that the repair is incidental to the overall cost of rehabilitation to the property. 8. HVAC Systems: Repair or replacement of failed, failing, damaged or inoperative existing integral HVAC system components including furnaces, air conditioning compressors, forced air units, heat pumps, ducts and vents is permitted. The installation of new air conditioning equipment is not permitted except in cases where medically necessary as prescribed by a doctor. The installation or repair of window air conditioners is not permitted. 9. Rear or Side -Yard Slope Landscaping (as a hazardous soil erosion mitigation measure): The replacement of dead sod, trees, shrubs and ground cover (other than sod) is permitted on rear and side -yard slopes having an incline of at least 10:1. The subject yard areas must be adjacent to or visible from public rights-of-way. The scope and nature of the permitted slope landscaping will be only that necessary to eliminate the hazard and meet minimum municipal code requirements provided that the cost for such improvements does not exceed $500. 10. Overgrown/Dead Vegetation: Only the trimming of overgrown vegetation and the removal of dead vegetation that is documented as a hazardous condition or an impediment to the rehabilitation activity is permitted. Dead vegetation, other than sod, that is removed may not be replaced. 11. Painting (exterior): Exterior painting is eligible and must be undertaken if the current condition represents a violation of adopted Codes as determined by the City. All painting must comply with the Lead Based Paint requirements of the U.S. Department of Housing and Urban Development. 12. Termite/Pest Control: Eradication of insect infestations and repairs to elements of the dwelling damaged by insect infestation is permitted. 13. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized replacement) to damaged plaster, stucco or siding is permitted. Home Improvement Program Policies I Draft Ui)date7 June 21 2016 Page 11 of 16 HIPPF8gFaMPa1Gi8S Updated n pnI 46, 2099 Page No. 14. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower enclosures, faucets and garbage disposals) is permitted only to the extent necessary to address health and safety considerations. 15. Property Clean-up: The removal of overgrown vegetation, trash and debris located on the subject property is permitted only when necessary to eliminate documented hazardous or health and safely conditions, or when incidentally required for the performance of other rehabilitation activities. Removal of excessive debris and trash from the inside of the home is permitted only where the homeowner(s) is/are physically incapable of completing such work and when necessary to eliminate hazardous conditions. Appropriate documentation of these circumstances must be maintained in the project file. Applicants shall sell, donate, or arrange for removal by a licensed and bonded salvage company, any inoperative vehicle that is not stored within an enclosed garage, 16. Roofing: Complete repair or replacement of deteriorated or damaged roofing of the main dwelling is permitted. Materials of the same type and quality as the existing roof must be used (i.e. composition shingle must be replaced by composition shingle) except where 1) different roofing materials are needed to match the type and quality of roofs found on a majority of homes in the immediate neighborhood, or 2) if the existing roof is made of wood shake a light weight the roof may be installed to meet code requirements. Roof replacements that require an engineering survey or engineered structural modifications are not permitted. The repair or replacement of patio roofs is not permitted. 17. Smoke Detectors: Smoke detectors must be installed throughout the home as required by adopted building codes. 18. Ground -Fault Circuit -Interrupter Protection (GFCI): GFCls must be installed in all locations as required under the California Electrical Code. 19. Structural Repairs/Modifications: Structural repairs/modifications are permitted to the extent that such repairs/modifications 1) correct existing structural deficiencies as defined by the California Building Code; and/or 2) provide accessibility for disabled persons. 20. Water Heaters: Repair or replacement of deteriorated or inoperable water heaters including the repair or installation of enclosures, Insulation blankets, earthquake strapping and/or pressure release valves is permitted. 21. Lead Based Paint (LBP) Testing and TreatmentlAbatement: The performance of required LBP testing and clearance, and the treatment and/or abatement of lead based paint are permitted. 22. Asbestos Testing and Abatement: The performance of required Asbestos testing, and the abatement of asbestos hazards is permitted Home Improvement Program Policies I Draft Update: June 21, 2016 Page 12 of 16 HIP Program Pollees Updated APFI 46, 2999 Page o.2 C. Ineligible Improvements 1. Accessory Buildings and Structures: Rehabilitation to areas not considered in the square footage of a housing unit is generally considered an ineligible HIP rehabilitation activity. Rehabilitation of accessory buildings and structures including but not limited to: patios, enclosed patios, decks, porches, sheds, greenhouses, barbecue pits, outdoor fireplaces, bathhouses, swimming pools, saunas, hot tubs, and similar buildings or structures is an ineligible activity. However, if a hazardous condition exists in one of the aforementioned areas, the City may use HIP funds to demolish the structure. Such hazardous condition must be remedied prior to the commencement of any eligible rehabilitation work. 2. Non -Permanent Attachments: The removal, replacement or rehabilitation of valances, cornice boards, drapes, blinds, and indoor or outdoor furnishings is an ineligible activity; 3. Unauthorized Improvements: Any rehabilitation activity not approved by the City is ineligible. VI. ELIGIBLE & INELIGIBLE COSTS A. Eligible Costs. Home Improvement Program funds may only be used for the actual reasonable cost of materials and services necessary to complete all rehabilitation work approved by the City as set forth in the approved Scope of Work, and additional costs, as follows: 1. Permits: Building permits and inspection and other related fees necessary for thecompletion of the approved rehabilitation work; 2. Processing Costs: Costs of loan processing, including without limitation, credit reports, property appraisals, and if necessary, preliminary title reports and recording fees. B. Ineligible Costs. Specific costs not eligible for payment under the Home Improvement Program include, but are not limited to the following: 1. Luxury Materials: Materials, fixtures, or equipment of a type or quality that exceeds that customarily used in properties of the same general use as the property to be rehabilitated; 2. Furnishings: Purchase, installation or repair of interior or exterior home furnishings; 3. Personal Labor Costs: Compensation/reimbursement of owner's personal labor; 4. Unauthorized Costs: Compensation/reimbursement for ineligible improvements or any work not included and authorized in the City approved Contractor Agreement or subsequent City approved change orders. 5. Prior Work Costs: Any repair work not listed as eligible in this Program and any work contractually entered into prior to approval by the City. Home Improvement Program Policies I Draft Update7 June 21 2016 Page 13 of 16 1411212regmmPoloes Page -Pie. 2 �iyg{-B12AVBfl.i a..T^^^ :�PoY2M2flFPlBQr,.,,o VII. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE A. Maintenance/Occupancy Requirements Assisted properties shall be maintained in compliance with all City of Diamond Bar Municipal Codes and ordinances. Assisted properties shall maintain occupancy not to exceed the maximum occupancy limits as established by the U.S. Department of Housing and Urban Development (HUD). Property owners shall not permit criminal activities to occur on the property; permit property improvements to suffer deterioration or decline; or maintain, cause or permit to be maintained, any public nuisance on the subject property. B. Hazard Insurance Property owners receiving HIP Program loan assistance shall maintain, throughout the term of the loan, an all-risk property insurance policy, including good insurance if the property is located in a flood zone, insuring the property in an amount equal to the full replacement value of the structures on the property. The insurance policy or policies shall name the City of Diamond Bar as an additionally insurediloss payee. Documentation shall be provided in a manner approved by the City Attorney. C. Nondiscrimination There shall be no discrimination against or segregation of any person or group of persons in accordance with Executive Order 11246, Title VI of the Civil Rights Act of 1964, Section 109, Title I of the Housing and Community Development Act of 1974, Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in the selection of contractors or subcontractors to complete the rehabilitation work financed with Program assistance, or in the sale, leasing, transferring, use, occupancy, tenure, or enjoyment of assisted properties. D. Compliance with Program Policies and Procedures Throughout the applicable term of Program assistance, Program participants shall comply with all Program requirements and procedures as set forth in these Policies and Procedures and as required by the City and as set forth in Grant and Loan agreements and related attachments. VIII. GUIDELINE & COST AMENDMENT PROCEDURES A. Amendment - Program Guidelines. The Diamond Bar City Council must approve all amendments to these Home Improvement Program Guidelines. B. Emergency Project Funding Modification, 1. Health & Safety Discoveries: After the rehabilitation construction work has commenced and the contractor discovers health and safety problems, as defined by the California Building Codes, that were not included in the initial Scope of Work the following procedures shall be implemented: Home Improvement Program Policies I Draft Update June 21 2016 Pace 14 of 16 HIP PFOgMM Pei Gies Llpd,i,d APO' 16, 2009 Page PIG. Gil yeF9iamead @ar Her++eJmprevemeaisies a. The property owner may request that the Deferred Loan be increased to cover the cost of the correction of health and safety issues only; and b. The contractor shall prepare a written Change Order Request specifying the scope, nature and cost of the work necessary to correct the unforeseen health and safety issues. In no event shall the Chance Order Request be of an amount that would cause the total Deferred Loan to exceed $20,000. c. The written Change Order Request shall be submitted to the property owner for review and approval. d. Upon receiving property owner approval, the City Project Coordinator shall review the cost reasonableness of the proposed changes. The City Project Coordinator must review the original Scope of Work to determine if it can be modified in order to provide the funds necessary to cover the cost of the remediation of the newly discovered health and safety issues. If costs are deemed reasonable and if sufficient funding can be provided via modification to existing contracted improvements, a formal contract change order will be prepared and the required signatures of the contractor and property owner shall be obtained. e. If in the judgment of the City Project Coordinator the newly identified health and safety issues are critical to maintaining the habitability of the subject residence and the original Scope of Work cannot be adequately modified to make available the funds needed to cover the cost of the expanded scope of work, a recommendation to increase the amount of the Deferred Loan may be submitted to the City's Home Improvement Screening Committee for consideration. The total Deferred Loan amount, with the Chance Order added in, shall not exceed $20,000. 2. Screening Committee Review & Recommendation: The Diamond Bar Home Improvement Program Screening Committee shall review all facts relating to the property owner's request for an increase in the amount of the Deferred Loan. If in the judgment of the Screening Committee an increase in the Deferred Loan is warranted, it may recommend to the City Manager that the maximum amount of the Deferred Loan be increased by an amount not to exceed $5,000 provided that it finds that all of the following circumstances apply: a. Additional, CDBG eligible work is essential to return the subject rehabilitated residence to a habitable condition and the original Scope of Work cannot be modified to provide the funds needed to pay for the cost of the newly identified health and safety issues; and b. The property owner has or is willing to execute the necessary documents to increase the amount of the Deferred Loan; and c. The required additional work is the result of unforeseen circumstances not apparent during the preparation of the initial Scope of Work; and d. The required additional work is required to address health and safety issues; and e. The property owner has provided written acknowledgement that he or she shall assume the responsibility to pay for the cost of work that exceeds the amount of rehabilitation assistance provided by the City. Home Improvement Program Policies I Draft Update: June 21 2016 Page 15 of 16 HIP Program PoliGes Updated ApFI 46, 2009 Page pie.2 WIX. AUTHORITY TO ADMINISTER The City Manager or his/her designee shall have the authority to administer this Home Improvement Program inclusive of the establishment, maintenance and modification of appropriate implementation procedures. All program legal documents shall be approved as to form by the City Attorney prior to use. Home Improvement Program Policies I Draft Update: June 21 2016 Page 16 of 16 HIP .,, Pol Gies Updated Alan' 16, 2899 Page nip 2 DIAMOND Program Policies Home Improvement Program {9{$V�•y M I� � 1 Y.3�� � �� ' l'n , qq ♦OyVt1 �« ! stn „ '+ �0� r �� OVERVIEW OF PROGRAM A. Purpose and Goal The purpose of the City of Diamond Bar Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City by providing interest-free loans to eligible owners of single family detached dwellings for the following purposes: the preservation of safe, decent and sanitary housing; to correct hazardous structural conditions; to make reasonable accommodations for persons with disabilities; to improve the overall exterior appearance of the home; to eliminate an appearance of blight; and to correct exterior code violations. B. Objective The Home Improvement Program provides loans to assist eligible low- and moderate - income residential owner/occupants in maintaining the City's existing residential neighborhoods through home rehabilitation C. Program Interest-free, deferred loans may be provided to eligible low- and moderate- income households of owner -occupied single-family detached homes to cover the cost of housing repairs in accordance with the criteria outlined within this program. Loans shall be repaid in full upon the sale or transfer of such properties; when loan recipients no longer occupy such properties; or when loan recipients becomes owners of any real property other than such properties. D. Source of Funds The source of funds for the Home Improvement Program is a Community Development Block Grant administered by the Community Development Commission (CDC) of the County of Los Angeles through a subrecipient agreement with the City of Diamond Bar. The CDC acts as an agent for, and receives Community Development Block Grant (CDBG) funds made available by, the U.S. Department of Housing and Urban Development (HUD). These funds are specifically targeted to benefit low- and moderate- income households and eliminate slums and blight. The City of Diamond Bar desires to make these funds available to qualified low- and moderate- income residents. The City is obligated to follow and fulfill the terms and conditions of its agreement with the CDC, established CDC policies and procedures and Federal and local rules and regulations. This document establishes City Council policy and procedures for the Home Improvement Program (HIP). Home Improvement Program Policies I Draft Update: June 21, 2016 Page 1 of 14 II. DEFERRED LOAN PROGRAM Eligible homeowners may utilize assistance under the deferred loan program. Repeat assistance will be allowed for loans once every five (5) years provided that the balance of all outstanding loans may not exceed $30,000. The City will offer the following home improvement programs to assist low- and moderate -income households with necessary improvements to their residences. Participation in the Home Improvement Program is subject to the additional requirements described in Sections II through VI of these Program Guidelines. Target Income Group: 80% of area median household income Maximum Loan Amount: $20,000 (inclusive of all fees) Loan Amount Amendment: Applicants who initially elect to obtain a deferred loan in an amount less than the allowable maximum may amend the amount of the loan not to exceed the allowable maximum if such amendment is approved by the City Manger. Eligible Properties: Owner -occupied single-family detached residences throughout the City Security: Recorded Trust Deed / Promissory Note Loan Rate and Term: 0% interest deferred loan payable upon sale, transfer of title or refinancing of any loan in prior position to that of the City. Fees: All Fees associated with the loan such as PIRT Policy and recordation fees may be added to loan principal. The combined total of the loan and fee amounts shall not exceed $20,000. Repeat Assistance: Owner Occupied Single -Family Properties — Repeat assistance may be allowed for loans once every five (5) years provided that the balance of all outstanding deferred HIP loans does not exceed $30,000. Equity The total indebtedness or all recorded liens may not exceed ninety-five (95%) of the fair market value of the home after rehabilitation. Special Requirements: Home Improvement Program loans must be recorded against the property in first or second position only. Exceptions will be reviewed on a case by case basis. Eligible Improvements: Correction of hazardous structural conditions; modifications necessary to provide reasonable accommodations for persons with disabilities; improvements to the overall exterior appearance of the home; elimination of an appearance of blight; correction of exterior code violations; and other eligible exterior and interior improvements. See Section V for a more detailed explanation of eligible and ineligible improvements, as well as the order of priority for eligible improvements. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 2 of 14 D. Denied Applications Applicants who are denied authorization to participate in the City of Diamond Bar's Home Improvement Program for any reason other than failure to submit a complete application may not reapply for assistance within the following two (2) years after the date of the denial of the application. III. APPLICATION SUBMITTAL PROCESS A. Pre -Screening Prior to preparing a Home Improvement Program Deferred Loan application, prospective applicants are encouraged to first contact the City of Diamond Bar Community Development Department to determine, to the extent possible, if they meet basic eligibility requirements. B. Interest List The City will maintain a list of potential applicants interested in participation in the HIP program. The interest list order shall be based on the chronological date and time of initial contact, and shall be served on a first-come, first-served basis. C. HIP Application The Home Improvement Program Administrator will contact potential applicants on the interest list in order as funding becomes available. After verifying that the homeowner still meets the basic eligibility requirements, the HIP Program Administrator will forward an HIP application. The application will include the following materials: 1. General Qualifications and Conditions Form 2. Items Required for Submission List 3. Program Application 4. Lead Based Paint Pamphlet 5. Lead Based Paint Notification 6. Hazardous Materials Inspection Notice 7. Asbestos in Your Home Pamphlet 8. Confirmation of Receipt (Hazardous Materials Transmittals) Completed applications and required supporting documents should be submitted directly to the Community Development Department located at Diamond Bar City Hall. Applications will be reviewed in the order in which they are received. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 3 of 14 IV. ELIGIBILITY CRITERIA A. Applicant Eligibility Requirements Applicant eligibility is established by Federal Law set forth in the Code of Federal Regulations 24CFR Part 5 and as interpreted by the Los Angeles County Community Development Commission (CDC). Household Income Adjusted Gross annual household income may not exceed 80% of the Los Angeles County median income adjusted for family size as provided by the U.S. Department of Housing and Urban Development (HUD). The City will require documentation of both household size and household income information in order to determine applicant eligibility. a. Definition of Household: For the purposes of determining Program eligibility, "household" means a person or persons occupying a dwelling unit as the principal place of residence. b. Definition of Annual Income: For the purposes of determining Program eligibility, annual income shall be defined as the total household income received from all sources by an individual or family, including the head of household, spouse, and each additional adult member of the household who has earned or received income during a 12 -month period prior to their application for services. INCOME ELIGIBLE FOR REVIEW Failure to disclose or adequately document all sources of income will result in an automatic denial of the application for assistance. Reviewed income must include, but not be limited to, the following: 1) Personal Service Income, including the full amount of all earnings, before any payroll deductions of wages and/or salaries, overtime pay, commissions, fees, tips, bonuses, and other compensation for personal services. 2) Business or Professional Service Income, including net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness must not be used as deductions in determining net income. Any withdrawal of cash or assets from the operation of a business or profession will be considered income, except to the extent the withdrawal is a reimbursement of cash or assets invested in the operation by the family. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation as provided in Internal Revenue Service regulations. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 4 of 14 3) Interest and Dividend Income, including interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as a deduction in determining net income. An allowance for depreciation is permitted only as authorized in Section 2, above. Any withdrawal of cash or assets from an investment will be included as part of net income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rates as determined by the U.S. Department of Housing and Urban Development (HUD). 4) Payments in Lieu of Earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except for lump -sum payments described in Income Exempt from Review - Section 2, [Income Exempt from Review] below). 5) Periodic Payments, including the full amount of periodic payments received from social security, annuities, insurance policies, retirement, pensions, disability or death benefits and other similar types of periodic receipts, including a lump -sum payment for the delayed start of a periodic payment. 6) Periodic and Determinable Allowance, such as alimony and child support payments, and regular contributions of gifts received from persons not residing in the dwelling. 7) Welfare Assistance, including the amount of welfare allowance or grant, but excluding any funds specifically designed for shelter and utilities that are subject to adjustment by the welfare assistance agency (in accordance with the actual cost of shelter and utilities). 8) Armed Forces Income, including all regular pay, special pay and allowances of a member of the Armed Forces (but exempting armed forces special pay described in Income Exempt from Review - Section 6, [Income Exempt from Review] below). 9) Tax Credits, including any earned income tax credit to the extent it exceeds income tax liability. INCOME EXEMPT FROM REVIEW The calculation of annual income shall not include the following 1) Income from Children, including income from the employment of children (including foster children) under the age of 18 years, or payments received for the care of foster children. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 5 of 14 2) Lump -Sum Payments, including additions to family assets, such as inheritances, insurance payments (e.g. health and accident insurance, and worker's compensation), capital gains and settlement for personal or property losses (see Income Eligible for Review - Sections 4 and 5, [Income Eligible for Review] above, for income that should be included). 3) Reimbursement for Medical Costs, including all payments received by the family that are specifically for or in reimbursement of medical expenses for any family member. 4) Live-in Aide Income, including the income of a live-in aide employed because of a medical condition of a family member. 5) Education Payments, including educational scholarships paid directly to the student or to the educational institution, and Government funds paid to a veteran for tuition fees, books, equipment, materials, supplies, transportation and miscellaneous personal expenses of the student. Any amount of such scholarship or payment to a veteran not used for the above purposes that is available for subsistence is to be included in income. 6) Armed Forces (Special Pav), special pay to a family member serving in the Armed Forces, exposed to hostile fire. 7) Government Program Payments, including the following: a) HUD Funded: Amounts received under training programs funded by HUD. b) Disabled Person Income: person that are disregarded for Supplemental Security Income because they are set aside for t Sufficiency (PASS). Amounts received by a disabled a limited time for purposes of (SSI) eligibility and benefits, ase under a Plan to Attain Self - c) Public Program Assistance: Amount received by a participant in other publicly -assisted programs, which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and made solely to allow participation in a specific program. d) Federal Statue Exempt Income: Amounts specifically excluded by any other Federal statue from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the U.S. Housing Act of 1937. 8) Temporary Income, considered temporary, nonrecurring or sporadic in nature (including gifts). Income determinations are subject to the submission and verification requirements of the City of Diamond Bar, and are subject to changes based on the programmatic requirements of the Los Angeles County Community Home Improvement Program Policies I Draft Update: June 21, 2016 Page 6 of 14 Development Commission (CDC) and the Community Development Block Grant Program (CDBG). The City of Diamond Bar will make the final decision in situations where the classification of income is disputed. 2. Ownership of Real Property other than Primary Residence Ownership of rental property or other real estate holdings other than the owner's primary residence is prohibited and will result in the rejection of an application for assistance. B. Property Eligibility Requirements In accordance with the requirements of Section III.(A) (Homeowner Eligibility Requirements) above, following determination of homeowner eligibility, the owner must demonstrate property eligibility. To be eligible to receive program assistance, real property will be evaluated and must meet each of the requirements set forth below: Location and Type of Property The property must be a detached single-family dwelling unit located within the corporate boundary of the City of Diamond Bar. 2. Condition The property must be in need of repairs to (i) correct existing nonconforming development standards, (ii) correct existing nonconforming local and/or state code requirements, (iii) correct existing local and/or state code violations, (iv) protect the structural integrity of the dwelling, (v) promote neighborhood preservation and safety, (vi) refurbish exterior and/or eligible interior improvements (necessary for health and safety), or (vii) aid the mobility of the physically disabled and/or elderly. All repairs must qualify as eligible repairs as defined in Section V and as may be approved by CDC. Note: Existing City code violations that represent health and safety or hazardous conditions may be resolved using Home Improvement Program (HIP) funds. Any non -eligible code violation must be resolved by the homeowner. 3. Ownership and Owner -Occupancy Requirements The income eligible homeowner(s) must hold record fee simple title to the property, and must occupy the property as a principal residence. The City will not approve home improvement projects for homes listed for sale. 4. Length of Ownership The income eligible homeowner(s) must have owned the eligible property for a minimum of one (1) year at the time of application. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 7 of 14 5. Equity The total indebtedness of all recorded liens, including the City's Home Improvement Program loan, may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation. For the purposes of this calculation, encumbrances must include the proposed principal amount of the Program loan requested by the eligible owner. 6. Hazard Insurance All properties must be insured with an all-risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Furthermore, all properties located within the 100 -year floodplain that receive assistance under the Program must maintain flood insurance in the amount of the improvements for the term of the loan. 7. Property/Income Tax Delinquency or Liens All property taxes and assessments must be paid current, and the property must not have any recorded property or income tax liens. 8. Outstanding Judgments and Obligations All outstanding mortgages recorded against the subject property must be current. Furthermore, outstanding tax liens, mechanics liens and/or judgments recorded against the property to be rehabilitated must be paid prior to participating in the program unless waived by the Home Improvement Screening Committee. V. ELIGIBLE & INELIGIBLE IMPROVEMENTS A. Order of Priorities for Eligible Improvements The following order of priorities will apply to all eligible improvements made using the City's Home Improvement Program funds. All improvements listed within any given priority category must be addressed prior to the inclusion of items identified as having a lower priority. 1. Mandatory Improvements: Mandatory improvements including those needed to alleviate conditions that present an immediate threat to the health and safety of the property's occupants and those needed to correct existing hazardous building, zoning and public nuisance code violations. 2. Exterior Improvements: Improvements needed to repair or replace hazardous, broken, damaged and/or deteriorated elements of the main dwelling. 3. Lead Based Paint Improvements: Lead based paint improvements as required by the U.S. Department of Housing and Urban Development. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 8 of 14 B. Eligible Improvements All eligible improvements must be physically located on the subject property or be permanently attached to the subject dwelling unit. Following an inspection of the subject property in accordance with Program requirements, the City's Screening Committee must approve: 1) applicant eligibility; and 2) the scope, type and nature of the proposed improvements. All eligible rehabilitation work must be accomplished by qualified, licensed, and insured contractors selected in accordance with Program Implementation Procedures. The City's Home Improvement Program is designed to provide for the repair, and if necessary, the replacement of hazardous, damaged, deteriorated or failing items located on an eligible property. In the event that the replacement of damaged, deteriorated or failing items is necessary, the replacement items shall be in-kind or like -priced material. Luxury quality items will not be used in making necessary repairs. The program is not designed to provide for the upgrade of single-family dwellings. Some eligible improvements are subject to material allowances. A description of all applicable cost allowances will be provided to the applicant if requested. A listing and description of all eligible improvements, including item - specific restrictions (if applicable) is provided below: 1. Abatement of Code Violations: All work including but not limited to demolition, construction, rehabilitation, replacement (subject to program restrictions), and installation needed to abate hazardous violations of the City codes. 2. Accessibility Modifications: All modifications, alterations, or additions necessary to facilitate access and use of the dwelling by disabled persons are permitted. These may include the installation of handicap ramps, grab bars, and accessible shower enclosures; the modification of doorways, hallways, countertop elevations; and other adaptive measures. 3. Deadbolt Locks: Installation of single cylinder deadbolt locks is required on all entry doors. 4. Doors/Windows/Screens: Repair and replacement of worn or damaged exterior doors, windows, or screens is permitted with those of similar type and/or quality. Enlargement of door/window openings is permitted only where the existing door/window area is non-compliant with current building codes, and only to the extent needed to achieve building code compliance. 5. Electrical: Repair and upgrading of electrical system, if required by the current adopted Electrical Code, including service panels, wiring, outlets, and switches. Replacement of fixtures and installation of security lighting is eligible subject to a $40.00 per fixture material cost allowance. 6. Energy Conservation: Installation or replacement of insulation, weather stripping, water heater, and attic ventilators. Installation of energy efficient doors and windows is allowable provided that the conditions outlined under Doors/Windows are met. Other energy conservation measures or equipment as may be approved by the CDC may be installed. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 9 of 14 7. Garage Doors: The repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs is eligible, provided that the repair is incidental to the overall cost of rehabilitation to the property. 8. HVAC Systems: Repair or replacement of failed, failing, damaged or inoperative existing integral HVAC system components including furnaces, air conditioning compressors, forced air units, heat pumps, ducts and vents is permitted. The installation of new air conditioning equipment is not permitted except in cases where medically necessary as prescribed by a doctor. The installation or repair of window air conditioners is not permitted. 9. Rear or Side -Yard Slope Landscaping (as a hazardous soil erosion mitigation measure): The replacement of dead sod, trees, shrubs and ground cover (other than sod) is permitted on rear and side -yard slopes having an incline of at least 10:1. The subject yard areas must be adjacent to or visible from public rights-of-way. The scope and nature of the permitted slope landscaping will be only that necessary to eliminate the hazard and meet minimum municipal code requirements provided that the cost for such improvements does not exceed $500. 10. Overgrown/Dead Vegetation: Only the trimming of overgrown vegetation and the removal of dead vegetation that is documented as a hazardous condition or an impediment to the rehabilitation activity is permitted. Dead vegetation, other than sod, that is removed may not be replaced. 11. Painting (exterior): Exterior painting is eligible and must be undertaken if the current condition represents a violation of adopted Codes as determined by the City. All painting must comply with the Lead Based Paint requirements of the U.S. Department of Housing and Urban Development. 12. Termite/Pest Control: Eradication of insect infestations and repairs to elements of the dwelling damaged by insect infestation is permitted. 13. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized replacement) to damaged plaster, stucco or siding is permitted. 14. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower enclosures, faucets and garbage disposals) is permitted only to the extent necessary to address health and safety considerations. 15. Property Clean-up: The removal of overgrown vegetation, trash and debris located on the subject property is permitted only when necessary to eliminate documented hazardous or health and safety conditions, or when incidentally required for the performance of other rehabilitation activities. Removal of excessive debris and trash from the inside of the home is permitted only where the homeowner(s) is/are physically incapable of completing such work and when necessary to eliminate hazardous conditions. Appropriate documentation of these circumstances must be maintained in the project file. _Applicants shall Home Improvement Program Policies I Draft Update: June 21, 2016 Page 10 of 14 company, any inoperative vehicle that is not stored within an enclosed garage. 16. Roofing: Complete repair or replacement of deteriorated or damaged roofing of the main dwelling is permitted. Materials of the same type and quality as the existing roof must be used (i.e. composition shingle must be replaced by composition shingle) except where 1) different roofing materials are needed to match the type and quality of roofs found on a majority of homes in the immediate neighborhood, or 2) if the existing roof is made of wood shake a light weight tile roof may be installed to meet code requirements. Roof replacements that require an engineering survey or engineered structural modifications are not permitted. The repair or replacement of patio roofs is not permitted. 17. Smoke Detectors: Smoke detectors must be installed throughout the home as required by adopted building codes. 18. Ground -Fault Circuit -Interrupter Protection (GFCI): GFCls must be installed in all locations as required under the California Electrical Code. 19. Structural Repairs/Modifications: Structural repairs/modifications are permitted to the extent that such repairs/modifications 1) correct existing structural deficiencies as defined by the California Building Code; and/or 2) provide accessibility for disabled persons. 20. Water Heaters: Repair or replacement of deteriorated or inoperable water heaters including the repair or installation of enclosures, insulation blankets, earthquake strapping and/or pressure release valves is permitted. 21. Lead Based Paint (LBP) Testing and Treatment/Abatement: The performance of required LBP testing and clearance, and the treatment and/or abatement of lead based paint are permitted. 22. Asbestos Testing and Abatement: The performance of required Asbestos testing, and the abatement of asbestos hazards is permitted. C. Ineligible Improvements 1. Accessory Buildings and Structures: Rehabilitation to areas not considered in the square footage of a housing unit is generally considered an ineligible HIP rehabilitation activity. Rehabilitation of accessory buildings and structures including but not limited to: patios, enclosed patios, decks, porches, sheds, greenhouses, barbecue pits, outdoor fireplaces, bathhouses, swimming pools, saunas, hot tubs, and similar buildings or structures is an ineligible activity. However, if a hazardous condition exists in one of the aforementioned areas, the City may use HIP funds to demolish the structure. Such hazardous condition must be remedied priorto the commencement of any eligible rehabilitation work. 2. Non -Permanent Attachments: The removal, replacement or rehabilitation of valances, cornice boards, drapes, blinds, and indoor or outdoor furnishings is an ineligible activity; Home Improvement Program Policies I Draft Update: June 21, 2016 Page 11 of 14 3. Unauthorized Improvements: Any rehabilitation activity not approved by the City is ineligible. VI. ELIGIBLE & INELIGIBLE COSTS A. Eligible Costs. Home Improvement Program funds may only be used for the actual reasonable cost of materials and services necessary to complete all rehabilitation work approved by the City as set forth in the approved Scope of Work, and additional costs, as follows: 1. Permits: Building permits and inspection and other related fees necessary for the completion of the approved rehabilitation work; 2. Processing Costs: Costs of loan processing, including without limitation, credit reports, property appraisals, and if necessary, preliminary title reports and recording fees. B. Ineligible Costs. Specific costs not eligible for payment under the Home Improvement Program include, but are not limited to the following: 1. Luxury Materials: Materials, fixtures, or equipment of a type or quality that exceeds that customarily used in properties of the same general use as the property to be rehabilitated; 2. Furnishings: Purchase, installation or repair of interior or exterior home furnishings; 3. Personal Labor Costs: Compensation/reimbursement of owner's personal labor; 4. Unauthorized Costs: Compensation/reimbursement for ineligible improvements or any work not included and authorized in the City approved Contractor Agreement or subsequent City approved change orders. 5. Prior Work Costs: Any repair work not listed as eligible in this Program and any work contractually entered into prior to approval by the City. VII. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE A. Maintenance/Occupancy Requirements Assisted properties shall be maintained in compliance with all City of Diamond Bar Municipal Codes and ordinances. Assisted properties shall maintain occupancy not to exceed the maximum occupancy limits as established by the U.S. Department of Housing and Urban Development (HUD). Property owners shall not permit criminal activities to occur on the property; permit property improvements to suffer deterioration or decline; or maintain, cause or permit to be maintained, any public nuisance on the subject property. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 12 of 14 B. Hazard Insurance Property owners receiving HIP Program loan assistance shall maintain, throughout the term of the loan, an all-risk property insurance policy, including flood insurance if the property is located in a flood zone, insuring the property in an amount equal to the full replacement value of the structures on the property. The insurance policy or policies shall name the City of Diamond Bar as an additionally insured/loss payee. Documentation shall be provided in a manner approved by the City Attorney. C. Nondiscrimination There shall be no discrimination against or segregation of any person or group of persons in accordance with Executive Order 11246, Title VI of the Civil Rights Act of 1964, Section 109, Title I of the Housing and Community Development Act of 1974, Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in the selection of contractors or subcontractors to complete the rehabilitation work financed with Program assistance, or in the sale, leasing, transferring, use, occupancy, tenure, or enjoyment of assisted properties. D. Compliance with Program Policies and Procedures Throughout the applicable term of Program assistance, Program participants shall comply with all Program requirements and procedures as set forth in these Policies and Procedures and as required by the City and as set forth in Grant and Loan agreements and related attachments. VIII. GUIDELINE & COST AMENDMENT PROCEDURES A. Amendment - Program Guidelines. The Diamond Bar City Council must approve all amendments to these Home Improvement Program Guidelines. B. Emergency Project Funding Modification. Health & Safety Discoveries: After the rehabilitation construction work has commenced and the contractor discovers health and safety problems, as defined by the California Building Codes, that were not included in the initial Scope of Work the following procedures shall be implemented: a. The property owner may request that the Deferred Loan be increased to cover the cost of the correction of health and safety issues only; and b. The contractor shall prepare a written Change Order Request specifying the scope, nature and cost of the work necessary to correct the unforeseen health and safety issues. In no event shall the Change Order Request be of an amount that would cause the total Deferred Loan to exceed $20,000. c. The written Change Order Request shall be submitted to the property owner for review and approval. d. Upon receiving property owner approval, the City Project Coordinator shall review the cost reasonableness of the proposed changes. The City Project Coordinator must review the original Scope of Work to determine if it can be modified in order to provide the funds necessary to cover the cost of the Home Improvement Program Policies I Draft Update: June 21, 2016 Page 13 of 14 remediation of the newly discovered health and safety issues. If costs are deemed reasonable and if sufficient funding can be provided via modification to existing contracted improvements, a formal contract change order will be prepared and the required signatures of the contractor and property owner shall be obtained. e. If in the judgment of the City Project Coordinator the newly identified health and safety issues are critical to maintaining the habitability of the subject residence and the original Scope of Work cannot be adequately modified to make available the funds needed to cover the cost of the expanded scope of work, a recommendation to increase the amount of the Deferred Loan may be submitted to the City's Home Improvement Screening Committee for consideration. The total Deferred Loan amount, with the Change Order added in, shall not exceed $20,000. 2. Screening Committee Review & Recommendation: The Diamond Bar Home Improvement Program Screening Committee shall review all facts relating to the property owner's request for an increase in the amount of the Deferred Loan. If in the judgment of the Screening Committee an increase in the Deferred Loan is warranted, it may recommend to the City Manager that the maximum amount of the Deferred Loan be increased by an amount not to exceed $5,000 provided that it finds that all of the following circumstances apply: a. Additional, CDBG eligible work is essential to return the subject rehabilitated residence to a habitable condition and the original Scope of Work cannot be modified to provide the funds needed to pay for the cost of the newly identified health and safety issues; and b. The property owner has or is willing to execute the necessary documents to increase the amount of the Deferred Loan; and c. The required additional work is the result of unforeseen circumstances not apparent during the preparation of the initial Scope of Work; and d. The required additional work is required to address health and safety issues; and e. The property owner has provided written acknowledgement that he or she shall assume the responsibility to pay for the cost of work that exceeds the amount of rehabilitation assistance provided by the City. IX. AUTHORITY TO ADMINISTER The City Manager or his/her designee shall have the authority to administer this Home Improvement Program inclusive of the establishment, maintenance and modification of appropriate implementation procedures. All program legal documents shall be approved as to form by the City Attorney prior to use. Home Improvement Program Policies I Draft Update: June 21, 2016 Page 14 of 14 ATTACHMENT 3 City of Diamond Bar Home Improvement Program — Implementation Procedures INTRODUCTION These Implementation Procedures are supplemental to the Home Improvement Program (HIP) Guidelines and detail the procedures under which applicants to the City of Diamond Bar's Community Development Block Grant (CDBG) funded Home Improvement Program are processed. The Program Guidelines are the controlling document with respect to allowable activities under the Home Improvement Program, and all activities are subject to the requirements of the CDBG program, Los Angeles County Community Development Commission (CDC) requirements, and all applicable law. PROGRAM IMPLEMENTATION PROCEDURES A. Applicant Intake and Eligibility Determination Definition of Household. For the purposes of determining Program eligibility, "Household" means a person or persons occupying a dwelling unit as the principal place of residence. Individuals renting a portion of the eligible owner occupied dwelling unit are considered as a member of the household and their income shall be included in the calculation of household income. 2. Pre-Screeninq. To the extent possible, prospective applicants will be pre-screened for basic eligibility requirements over the telephone. The City will maintain a log of such calls. Interest List. The City shall maintain a list of potential applicants interested in participation in the HIP program. The interest list order shall be based on the chronological date and time of initial contact, and shall be served on a first-come, first-served basis. Information received from interested parties shall include: name, address, telephone number, household size, and estimated annual income. No applications shall be transmitted to households at the time of placement on the interest list. Upon a review of uncommitted HIP funds, and a consideration of outstanding projects and funding commitments, program staff shall contact the appropriate number of potential applicants, based on funding availability. Upon release from the interest list, potential applicants shall be forwarded a HIP application. 4. Application. Persons may apply for Home Improvement Program funds by completing application forms available at the City and City of Diamond Bar Implementation Procedures — December 29, 2008 Page 1 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures submitting such materials to the City of Diamond Bar, attention Home Improvement Program. Applications will be reviewed in the order in which they are received. Program staff shall ensure that transmitted application packages include the following: General Qualifications and Conditions Form b. Items Required for Submission List C. Program Application d. Lead Based Paint Pamphlet e. Lead Based Paint Notification f. Hazardous Materials Inspection Notice g. Asbestos in Your Home Pamphlet h. Confirmation of Receipt (Hazardous Materials Transmittals) Upon receipt of an application, program staff will date stamp and initial the application to denote its receipt date. Program staff will perform a review of the application to determine that it is complete, contains all required attachments, and meets the submission requirements of the Program Guidelines. If an application is deemed incomplete, a written notification will be provided to the applicant, indicating the noted deficiencies and the requirements for rendering the application complete. Persons released from the interest list, shall be provided with a maximum period of three (3) weeks to submit a completed program application and all requested application documentation. 5. Income Verification and Eligibility Determination. Program staff shall verify all sources of household income in accordance with established federal and CDC guidelines. These federal and CDC income eligibility guidelines shall be updated on an annual basis by staff. Upon the submission of a complete HIP application, program staff shall perform an income eligibility review within fourteen (14) days of receipt. Household income must be verified before applicant eligibility can be established. Documentation which verifies the applicant's household income shall be maintained in the project file. To ensure that households qualify to receive Federally -funded assistance, it is also necessary City of Diamond Bar Implementation Procedures — December 29, 2008 Page 2 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures to identify all sources of household income, verifying, for each household member, the exact amounts earned from each income source. The applicant is required to certify by the signature in the Program Application, that the information provided regarding household members is correct. Program staff shall ensure that the project file shall contain income verification documentation that conforms to the following requirements: a. Salary Income The documentation of salary income must be obtained from one (1) source. The documentation may not be older than six (6) months, except for Federal and State income tax returns which may not be older than one (1) year. The documentation must be properly labeled and compiled in the case file in a readable format. Acceptable sources of income documentation include the following: 1) Federal or State income tax returns or W2 forms; or 2) Copies of the applicant's three (3) most recent paycheck stubs, establishing the applicant's monthly income; or 3) If above documentation is not available, certification of the applicant's monthly and annual income from the employer. b. Self -Employment: Any income from an adult household member who is self-employed must be documented and verified from at least one (1) of the following sources: 1) A copy of IRS Form 1040/1040A, if filed with the IRS for the last year; or 2) An affidavit signed by the applicant that includes the name of the household member who is self-employed, the name of the business, and the prior year's estimated annual income. c. Social Security/Supplementary Security Income/Disability: Income from Federal or State retirement programs and disability must be verified from at least one (1) source that may not be older City of Diamond Bar Implementation Procedures — December 29, 2008 Page 3 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures than six (6) months. Acceptable documentation sources include: 1) A copy of the applicant's monthly award check; or 2) Written certification from the awarding agency verifying the applicant's eligibility and the amount of the monthly benefits. d. Welfare/General Relief: Income from social aid programs must be verified from at least one (1) of the following sources: 1) Copy of most recent Notice Of Action; 2) Written certification from the awarding agency verifying the applicant's eligibility and the amount of the monthly benefits; or 3) Copies of the applicant's most recent bi-monthly award checks. e. Pension Income: Pension Income must be verified from at least one (1) of the following sources: 1) A copy of the pension award letter; 2) Copies of the applicant's three (3) most recent payment stubs verifying benefit amount; or 3) A copy of the applicant's bank statement demonstrating that the award check was directly deposited into the applicant's account. f. Personal Interest: Personal interest from savings accounts or dividends from financial investments must be identified and documented as earned income. Adequate verification may include: 1) Federal income tax return; 2) Copies of bank statements; or 3) All pages of investment statements indicating the amount of dividends earned. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 4 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures g. Rental Income: The City of Diamond Bar Home Improvement Program excludes applicants who own rental property. Individuals renting a portion of the eligible owner occupied dwelling are considered as part of the household and their annual income shall be included in the calculation of household income. h. Alimony/Child Support: Income received from alimony and/or child support payments must be documented and verified from at least one (1) of the following sources: 1) A copy of applicant's weekly or monthly check; 2) A copy of a separation or settlement agreement or a divorce decree establishing payments; or 3) An affidavit, signed by the applicant, certifying to the amount of child support received. In -Home Supportive Services: Income earned by a caregiver/caretaker providing in-home supportive services for a different household must be documented through copies of the three (3) most recent paycheck stubs, to establish the monthly income. Other Income In the future Community Development Commission or HUD may identify additional income that may require documentation. Any other income as deemed eligible by the Community Development Commission or Department of Housing and Urban Development (HUD) shall be documented per CDC guidelines. All household income sources must be clearly identified and documented. Documentation which verifies the applicant's household size shall be contained within the Program Application. Submitted tax returns or other applicant submissions shall be compared with the Program Application to determine consistency with the declared household City of Diamond Bar Implementation Procedures — December 29, 2008 Page 5 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures size. Income verification information shall be updated and applicant eligibility re -determined if such information is more than six months old (with the exception of federal tax returns which may be no older than one (1) year old) prior to the beginning of rehabilitation work. Applicants will be notified in writing regarding eligibility status, or for the need to submit additional documentation. Applicant household income shall be reviewed in conformance with the requirements of the Program Guidelines, and a determination made regarding the income eligibility of the applicant household in conformance with the current income limits. Upon completion of this determination, the applicant shall be apprised in writing of their Program income eligibility or ineligibility. 6. Property Eligibility. Program staff shall review the application in conjunction with the applicant supplied documentation to determine if the property conforms to Program Guidelines requirements. The review shall be performed within fourteen (14) days of the receipt of the application, and shall include an examination of the property type (single family detached and owner -occupied), as well as a review of the tax status of the property. If an applicant's property tax statement indicates a delinquency at the time of the Program application, the City shall not proceed with grant and/or loan processing until it is supplied with a Certificate of Redemption from the Los Angeles County Tax Assessor's Office or other appropriate documentation of proof of payment. Program staff shall examine property ownership to determine compliance with Program Guidelines. This review shall include an examination of the grant deed/deed of trust to ensure conformance with the ownership information detailed in the Program Application, and any supplemental documentation available to staff. Owner - occupancy shall be verified based on a current owner submitted utility bill. Property owner(s) shall be construed to be any person(s) or legal entity that holds title to the property being rehabilitated. In the case of multiple -ownership, the signature of each titleholder is required on all appropriate documents. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 6 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Applicants are obligated to carry sufficient all-risk insurance coverage (and flood insurance where applicable) on the property to be rehabilitated under the provisions of this Program. Program staff shall review submitted hazard and flood insurance information to determine compliance with Program Guidelines. The Program Guidelines require that prior to the provision of any grant or loan assistance, insurance coverage shall be provided in an amount, which is at least equivalent to the value of the dwelling including rehabilitation improvements. Additionally, if provided a loan, applicants must amend their insurance policy to name the City of Diamond Bar as a loss payee, and provide insurance verification documentation for the duration of the outstanding loan. 7. Rehabilitation Feasibility Determination. Once an applicant is determined to meet eligibility requirements, within fourteen (14) days of eligibility approval, an initial inspection of the property will be made by Program staff to determine the extent of any building deficiencies that may be corrected through the Home Improvement Program. The program inspector shall prepare a Work Write -Up and In-house Cost Estimate within twenty-one (21) days of performance of the property inspection, for presentation to the Home Improvement Program Screening Committee. Prior to presentation to the Home Improvement Program Screening Committee, Program staff will obtain signed approval of the Work Write -Up from all owners of the property. In addition to preparing the Work Write -Up, performance of the lead-based paint review will be accomplished by Program staff based on the age of the residence, site conditions, the anticipated funding amount, and the repair items to be contained within the proposed Work Write -Up. The City's lead-based paint review form shall be completed and maintained in the project file. Processing. As a goal, processing time from the date the City determines that the applicant is eligible for assistance under the Program until a grant and/or loan is approved or denied shall be sixty -days (60). CDC Residential Rehabilitation Client Data Input. Upon confirmation that an applicant is eligible for Program participation, City of Diamond Bar Implementation Procedures — December 29, 2008 Page 7 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Program staff shall perform the input of required data into the CDC's on-line Residential Rehabilitation panel system, by completion of the "Rehabilitation Application," "Property I.D," (see Appendix 6) and "Relocation / Displacement" portions of the panel. Program staff shall maintain a print-out of all completed entries in the project file. 10. Historical Review. In order to comply with Section 106, National Historic Preservation Act of 1966 as amended (16 U.S.C. 470) and CDC guidelines, the City shall submit an on-line Basic and Detailed Property Identification Form for each structure to be improved, in compliance with CDBG regulations and policy. When the subject structure is determined to be fifty -years (50) old or older, such required form or forms shall be accompanied by a set of four (4) photos, and shall be submitted on-line for CDC review and clearance. Program staff shall maintain a print-out of the completed Property Identification entries in the project file. Upon review by CDC staff and receipt of a determination regarding the clearance of the property, and any required environmental concerns or hazardous materials testing/remediation/mitigation required, Program staff shall arrange for the performance of the appropriate required tests and surveys, or the scope of work shall be appropriately adjusted and submitted for re -review by the CDC. Any modifications or expansions to the scope of work shall require the re -submission of Property Identification documentation to the CDC for review and re -determination. Program staff shall print out and maintain a copy of the CDC environmental clearance in the project file. 11. Processing of Loans. Where loans are to be provided, copies of preliminary title reports and other pertinent documents will be obtained by Program staff for presentation and loan underwriting review by the City's Screening Committee prior to their providing a loan determination. Program staff shall review the preliminary title report to determine that all outstanding property loan obligations, which when combined City of Diamond Bar Implementation Procedures — December 29, 2008 Page 8 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures with the proposed City loan amount, conforms to the maximum loan to value ratio and the lien position requirements (no greater than tad position) established within the Program Guidelines. Program staff shall further review the preliminary title report to determine that property taxes are current, and that there are no outstanding judgments, liens, or other exceptions which should preclude the award of a City loan. 12. Screening Committee Summary Report. Program staff shall prepare a Summary Report for each applicant to be considered by the Screening Committee. The Summary Report shall: detail specific owner information, include an attachment of the owner - approved Scope of Work, include the estimated cost of performing the repairs, provide an underwriting analysis and preliminary title report when a loan is being contemplated, and provide a staff recommendation. 13. Approval and Notifications. Within fourteen (14) days of obtaining owner approval of the work write up, the Screening Committee shall consider the approval, approval with modifications, or denial of all grants and loans. In order to obtain financing, applicants must meet all income, property, and other eligibility guidelines in effect at the time of funding approval. Within ten (10) days of the Screening Committee's determination, applicants will be provided written notification of approval or denial. Reasons for project denial will be provided to the applicant in writing. B. Procurement and Contractor Selection 1. Bid Documents. Upon approval by the Screening Committee, Program staff shall prepare bid documents for transmittal to the applicant. Bid documents shall include a copy of the signed "Work Description and Bid Proposal Form," the "Instruction to Bidders Form," and "Hints for Securing Bids Form," a "W-9 Form," and a County Lobbyist Form." Four (4) copies of the bid documents shall be transmitted to the applicant with a cover letter detailing the procurement process and the need to obtain a minimum of three bids by a specified three (3) week submission deadline. 2. Procurement. The property owner(s) shall be responsible for obtaining a minimum of three (3) bids for the proposed work. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 9 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures In order to assist the property owner(s) the City shall maintain a list of pre -qualified contractors who have expressed interest in bidding on housing rehabilitation work and have been screened for eligibility. The list should not be considered a recommendation on behalf of the City. Owners should screen all contractors who provide bids on the work. In order to obtain the pre -qualified contractor list, Program staff shall require that the requesting applicant execute a "Contractors List Request Form" containing disclaimer and indemnification language, for maintenance in the project file. Bids shall be submitted in the form prescribed by the Home Improvement Program. All bids must be returned within a three (3) week period. An extension of two (2) weeks may be granted if applicant is unable to obtain bids within the original timeframe and one final extension of one (1) week may be granted prior to termination of an application. In the event that fewer than three (3) bids are obtained after the performance of extended procurement efforts, program staff shall submit a written request to the CDC for approval of a noncompetitive procurement. Such request shall contain documentation which supports: • efforts made to obtain the minimum number of bids, and • details regarding any extenuating or unique factors which may have hindered the securing of a sufficient number of bids for the project, and • a detailed justification for the submission and approval of the noncompetitive procurement request A copy of the noncompetitive procurement request shall be maintained in the project file. The contractor selection process shall not be initiated until an approval is received for the noncompetitive procurement request, or until three responsive bid proposals are received. 3. Selection of Contractor. In accordance with federal regulations, the lowest most responsive bidder will be awarded the contract. A bid proposal shall be deemed responsive if submitted by an appropriately licensed contractor, and which includes a bid amount for all line items reflected on the proposed scope of work. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 10 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Contractors must have a valid California state contractor's license with a classification appropriate for the work to be performed. Within ten (10) days of the receipt of a sufficient number of bids, Program staff shall prepare a bid evaluation form which details the respective bids of the submitting contractors and includes the City's pre-bid estimate. The form shall include line item cost details for each item addressed under the Scope of Work. Program staff shall review the bid evaluation form for any apparent inconsistencies or miss -understandings of the scope of work by the submitting contractors. Proposed scope changes from submitting Contractors shall also be considered during the bid review process. In the limited instances that a proposed scope change is superior to the original proposed line item, then the owner will be contacted to discuss the proposed change. Upon receipt of owner approval, an addendum to the Work Proposal and Bid Form will be prepared and transmitted to all submitting contractors for completion and re -submission to the City. Bids will then be evaluated on the basis of the amended line item. Under no condition Will deletions in the Scope of Work be considered for health and safety and code required repairs. Any post bid submission clarifications, modifications, or amendments to bids shall be obtaining in writing and signed by the respective submitting contractor. In the event that the lowest bid exceeds the maximum amount of the loan/grant awarded to the participant, and work items are removed from the Scope of Work, then the evaluation of contractor bids shall be based on the totals of their line item review for the remaining work to be performed. 4. Contractor Insurance/License File. The City shall maintain a file for each contractor performing work pursuant to the terms and conditions of this program. The file shall include the following information: • Contractor's social security number or federal tax ID number; • Copies of the contractor's current liability, auto, and worker's compensation insurance policies in an amount approved by the City's risk manager. City must be listed as additional insured on City of Diamond Bar Implementation Procedures — December 29, 2008 Page 11 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures the policy; Copies of the contractor's current California contractor's license; • Copy of City business license; • A list of all of the sub -contractors (including license number) to be used by the general contractor; and • County Lobbyist Certification. Any contractor with lapsed insurance or contractor's license shall be removed from the job until he/she is able to provide proof of current insurance and/or license. All contractors shall be required to obtain a City business license prior to the issuance of a building permit. 5. Contractor Eligibility. In accordance with CDC guidelines, the City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or in part with proceeds from a Home Improvement Program loan/grant, to any contractor who is not a California licensed contractor, who cannot produce sufficient evidence of current worker's compensation and liability insurance coverage, or who is on GSA's Excluded Parties List. All owner/builders, or any member of the applicant's family, are considered ineligible regardless of credentials or license. Any ineligible contractor found working at the job site will be removed immediately, without compensation. Prior to contracting with any contractor, Program staff will perform an online verification of contractor eligibility from the State Contractors License Board at: http://www2.csib.ca.gov/General-Information/interactive- too Is/check-a-I icense/License+Reg u est. asp A printout of the State Contractors License Board contractor verification; inclusive of a printout of the contractor personnel list shall be obtained and maintained in the project file. Prior to contracting with any contractor, Program staff will also perform an online verification of the contractor's eligibility from the Excluded Parties List System (EPLS) at: https://www.epis.goy/ City of Diamond Bar Implementation Procedures — December 29, 2008 Page 12 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures The EPLS verification shall be performed on the contractor's business name and on all personnel as reflected in the State Contractors License Board printout, and the Taxpayer LD number as reflected in the W-9 Form received with their bid submission. A printout of the EPLS contractor verification, inclusive of a printout of the personnel list shall be obtained and maintained in the project file. Contractors which do not possess appropriate licensing, or who do not meet the verification requirements of the EPLS review are deemed to be ineligible to enter into a contract. C. Award of Contract Notification. Upon confirmation that the selected contractor has met the licensing, insurance, and contracting eligibility requirements, Program staff shall notify the contractor of the award of bid in writing and shall establish a date and time for the pre - construction conference. Program staff shall advise all other bidding contractors in writing of their non -selection. Notices of contractor selection/non-selections shall be transmitted within ten (10) of contractor selection. 2. CDC Contractor Information Data Input. Upon selection, verification, and notification of the award of contract, Program staff will perform the input of required data into the CDC's on-line Residential Rehabilitation panel system, by completion of the "Contractor Profile" portion of the panel. Program staff shall maintain a print-out of the completed entries in the project file. 3. Rehabilitation Construction Contract. The contract, for the approved rehabilitation work shall be prepared by the Program staff and shall be entered into between the property owner(s), the City, and the selected contractor. The rehabilitation construction contract shall be prepared within ten (10) days of contractor notification of contract award. The City may require the inclusion of certain contractual terms in accordance with CDC requirements. In the event of any dispute arising under this program, the injured City of Diamond Bar Implementation Procedures — December 29, 2008 Page 13 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures party shall notify the injuring party in writing of its contentions as specified under the contractor agreement between the property owner and the contractor. Contractor and property owner shall save, keep and hold the City of Diamond Bar, its officers and agents, harmless from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work which may arise from or be a result of the involvement of the participant in the City's Home Improvement Program. 4. Private Arrangements. Program staff shall caution the property owner and the contractor not to enter into "side deals" for additional work or deviations from the approved work write-up. Should "side deals" be encountered during the project, the City reserves the right to terminate the contract, pay a contractor for work satisfactorily completed, and close-out the file. No unauthorized work will be compensated by the City to the contractor. Preparation of Loan Documents. Copies of the contract and related documents shall be sent within seven (7) days of completion to the Program Underwriting Consultant for the preparation of all loan and related documents and recordation of the Deed of Trust. In conformance with the Program Guidelines, Program staff shall ensure that all applicable loan costs are included in the loan amount (title, recordation fees, etc.) Program staff shall schedule a mutually agreeable date and time with the property owner(s) for the execution of loan documents. The loan documents signing should be scheduled in a manner that provides sufficient time for expiration of the Right -To -Cancel period before signing of the Construction Contract. Upon completion of the signing process, the documents shall be forwarded as follows: a. Original signed promissory note — to the Finance Director for maintenance b. Original signed and notarized Deed of Trust — to the Program Underwriting Consultant for transmittal to the title company for recordation and issuance of the title policy d. Copy of signed and notarized Deed of Trust — to the Finance Director for reference until recorded document is received e. Original signed Request for Notice, Fair Lending Disclosure, Notice of Right to Cancel, Truth -In -Lending Disclosure City of Diamond Bar Implementation Procedures — December 29, 2008 Page 14 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Statement, and other signed unrecorded documents — placed and maintained in the project file Copies of the signed Request for Notice, Fair Lending Disclosure, Notice of Right to Cancel, Truth -In -Lending Disclosure Statement, and other signed unrecorded documents — to the Program Underwriting Consultant for reference use Copies of both the executed un -recorded and recorded loan documents and original title policy shall be maintained in the project file. D. Start of Construction No work shall commence until a "Notice to Proceed" has been issued to the contractor, signed by the City representative. In addition, no work shall commence until the Building and Safety Division has issued the proper permits. Work completed prior to issuance of "notice to proceed' or required permits will not be paid. Program staff will prepare and transmit an appropriate Notice to Proceed based on contractual requirements, and where applicable, loan funding protocols. E. Progress Payments to Contractor and City Inspections Inspections. To ensure the integrity of the authorized repair work, the Program Inspector shall conduct site inspections prior to the issuance of progress payments. The Program Inspector can make regular and/or unannounced inspections of work in progress to identify the quality of work and assess satisfaction of the property owner(s). These inspections are in addition to the normal inspections required by Building Department staff or the Community Development Department. Progress inspections shall be documented and maintained in the project file by Program staff. 2. Payment Request Packages. The Contractor shall submit payment request packages to the City in the prescribed format. All requests shall be signed by the contractor, homeowner, and Program inspector, certifying that the work has been satisfactorily completed. All pertinent invoices, lien releases, certifications, and copies of all City of Diamond Bar Implementation Procedures — December 29, 2008 Page 15 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures applicable permits shall be attached to the payment request. The final payment request must also include the owner's certification of acceptance and Building and Safety Division sign off card. Payment request packages shall be submitted to the City for approval. For projects with costs in excess of $5,000, a maximum of three (3) progress payments minus the 10% retention may be submitted. The final payment for the 10% retention can be paid up to 35 days after the Notice of Completion is recorded. Program staff shall review the submitted Payment Request Package to determine conformance with Program requirements and for consistency with the pre -payment progress inspection. Items requiring permit issuance that are not accompanied by a valid permit shall not be paid, and a corrective correspondence transmittal prepared and forwarded to the contractor. Upon successful review, Program staff shall be responsible for the transmission of the appropriate warrant approval documentation to the City's finance department for payment to the contractor. Copies of all payment request documentation, all payment related correspondence, and all warrant payments shall be maintained in the project file. Hazardous Materials Payment Requirements: Where hazardous materials repairs/remediation/mitigation are involved, Program staff shall ensure that appropriate posting verifications and documentation are provided by the contractor and contained within the project file prior to the processing of payment requests. Any required clearance documentation or air monitoring results shall also be satisfactorily received prior to the consideration of processing any retention payments. 4. Notice of Completion: The property owner(s) are responsible for executing a notice of completion within five (5) days after work has been satisfactorily completed and finalized by the Building Department. Upon completion of all required repairs, and receipt of all required documentation, Program staff shall prepare a Notice of Completion for execution by the owners. Program staff shall prepare a transmittal cover letter and ensure that the Notice of Completion is forwarded with the appropriate payment to the Los Angeles County City of Diamond Bar Implementation Procedures — December 29, 2008 Page 16 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Recorder for recordation within ten days of the completion date reflected on the notice. A copy of the executed Notice of Completion, cover transmittal letter, and payment warrant shall be maintained in the project file. A copy of the un -recorded Notice of Completion and accompanying cover letter, and recorded Notice of Completion shall be maintained in the project file. CDC Final Inspection Data Input. Upon completion of all contracted construction activities, and receipt and transmittal of an executed Notice of Completion, Program staff will perform the input of required data into the CDC's on-line Residential Rehabilitation panel system, by completion of the "Final Inspection" portions of the panel. Detailed instructions on how to access the system are found in Appendix 1. Program staff shall maintain a print-out of the completed entries in the project file. Retention Release: Upon expiration of the 35 day retention period, Program staff shall contact the owners to ensure their satisfaction with the performed repairs. In addition, Program staff shall verify that the owners have not received any 20 Day Preliminary Notices, or any lien notifications, and that the retention payment can be released. Upon assurance that all program conditions have been met, Program staff shall be responsible for the transmission of the appropriate warrant approval documentation to the City's finance department for payment of the retention amount to the contractor. Copies of all retention release related documentation and correspondence shall be maintained in the project file. Applicant Complaint Resolution Process Complaints concerning the Program should first be made to the Home Improvement Housing Specialist or Program Consultant. If unresolved to the satisfaction of the applicant, an appeal may be made, in writing, to the Office of the City Manager. The applicant shall be allowed to present all pertinent facts that may have a bearing on the particular issue to be resolved. The decision of the City Manager's Designee shall be final. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 17 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures OTHER PROGRAMMATIC REQUIREMENTS A. Bonus, Commission or Fee The applicant shall not pay any bonus, commission or fee for the purpose of obtaining approval of the grant application, or for any other approval or concurrence as may be required by the CDC or the City, pursuant to the provisions of this Program. B. Conflict of Interest No Program grant or loan will be provided to any member of the governing body of the County of Los Angeles, nor any designee of the CDC, the County of Los Angeles, or the City of Diamond Bar, who is in a decision making capacity in connection with the administration of the Program; no member of the above organizations shall have any interest, direct or indirect, in the proceeds from a Program grant or loan or in any contract entered into by the applicant for the performance of the work, financed, in whole or in part, with the proceeds of the grant or loan. C. Disclosure of Information The City is a public agency and information or records (with the exception of financial information which falls under Government Code Section 6250 (c), and Section 7460 et seq.) submitted or released to the City by the applicant may be considered public records and subject to disclosure under the Public Records Act, Government Code Section 6250 et seq. D. File maintenance and Retention All program and project files shall be maintained continuously at the City of Diamond Bar. Files shall not be removed from the premises of City Hall for any reason without the approval of the City Manager's Designee. In conformance with the Los Angeles County Auditor -Controller Contract Accounting and Administration Handbook, all accounting records, financial records and supporting documentation must be retained for a minimum of five years after the termination of the agreement (end of the fiscal year in which the contract expired) between the CDC and the City. Documentation related to funded outstanding loans, shall be maintained for at least the above indicated five (5) year period, or for a minimum City of Diamond Bar Implementation Procedures — December 29, 2008 Page 18 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures period of one (1) year following full loan re -payment and the full reconveyance of the loan security, whichever is greater. E. Equal Opportunity Policy The City shall not discriminate based upon sex, age, race, creed, color, religion, national origin, marital status, ancestry or physical handicap in the awarding of the contract for rehabilitation of property assisted by a Program grant or loan. The City shall not discriminate upon the basis of sex, age, race, creed, color, religion, national origin, marital status, ancestry or physical handicap in accepting applications and processing Program grants or loans. F. Subordination. Subordination agreements may be granted by the City Manager's Designee if the purpose of the refinancing is to achieve a better interest rate and monthly payment with no additional cash borrowed against the property, excluding customary loan fees and points. G. Administration Costs. Program staff shall continuously monitor the administrative costs of the Home Improvement Program to ensure administrative costs do not exceed 20% of total Program expenditures. In considering administrative costs, costs associated with lead based paint and asbestos testing shall only be factored in when lead based paint tests yield positive results but no remediation and no rehabilitation work is completed. H. Substitution of Contractor In the event that the selected contractor shall fail or refuse to complete the work in a professional and workmanlike manner as set forth in the Rehabilitation Construction Contract, including its general conditions and standard specifications, or fails to use due diligence in performing the required work, the property owner(s) may terminate the Rehabilitation Construction Contract, upon providing proper notice to such contractor. The City shall assist the homeowner in completing the necessary termination document as needed. No further rehabilitation is to commence until the Request for Substitution of Contractor and Termination of Contract Form, releasing the original contractor from his/her contractual obligations, is on file at the City, and a new contract is City of Diamond Bar Implementation Procedures —December 29, 2008 Page 19 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures signed between the substitute contractor and the homeowner(s). The City shall advise the CDC of any problems in the resolution of the substitution of contractor. 1. Non -commencement by Original Contractor. The City shall notify the CDC, by means of a Request for Substitution of Contractor and Termination of Contract Form, that the original contractor will not be performing the rehabilitation and the reason(s) for which a substitution of contractor is being requested. Both the homeowner(s) and the original contractor's signatures are required on this document. The property owner shall obtain a substitute contractor willing to perform the rehabilitation, and, to the extent possible, negotiate the total contract price with the new contractor to assure that the new contract does not exceed available grant or loan funding. A new Rehabilitation Construction Contract, notice to proceed, and waiver and hold harmless agreement shall be prepared by the City and appropriately signed. 2. Noncompliance by Original Contractor. The City shall inspect the J ob and compile a list of incomplete or unacceptable items to determine the extent of work to be completed by the substitute contractor. The City shall notify the CDC in writing that the original contractor has not performed according to the Rehabilitation Construction Contract and list the initial steps taken by the City to resolve the problem. A meeting shall be held between the City, homeowner(s) and the original contractor to establish a method of contractor payment and prepare an official Request for Substitution of Contractor Form, signed by both homeowner(s) and the contractor. Funds withheld from the original contractor shall be delineated on the form. Lien releases and invoices from the original contractor and subcontractor(s) must be provided by the contractor. The City shall prepare a revised Work Write-up, based upon the City's inspection findings, which contains only those items necessary to complete the job. The City shall obtain a substitute contractor willing to perform such work, and, to the extent possible, negotiate the total contract price with the new contractor to assure that the new contract does not exceed available grant funding. A new Rehabilitation Construction Contract, notice to proceed, and waiver and hold harmless agreement shall be prepared by the City and appropriately signed. City of Diamond Bar Implementation Procedures — December 29, 2008 Page 20 of 21 City of Diamond Bar Home Improvement Program — Implementation Procedures Davis -Bacon Requirements In accordance with CDBG Program Entitlement Grant Regulations, Davis - Bacon requirements apply to the rehabilitation of residential property only if such property contains 8 units or more. Therefore, as a single-family residential rehabilitation activity, this program is exempt from the Davis - Bacon requirements. III. AMENDMENTS Amendments to these Implementation Procedures may be made from time to time by the City Manager. Authority to make minor modifications or to interpret these Procedures shall rest with the City Manager's Designee. Modifications to the Program Guidelines (a separate document) shall be submitted to the City Council for consideration and approval. In all instances, the Implementation Procedures shall conform to the Program Guidelines approved by the City Council. Modifications shall not be made to areas required under federal regulations or established CDC policies. City of Diamond Bar Implementation Procedures —December 29, 2008 Page 21 of 21 CITY COUNCIL Agenda # 6.13 Meeting Date: July 19, 2016 AGENDA REPORT TO: Honorable Mayor and Members pf the City Council VIA: James DeStefano, City Mana er TITLE: APPROVAL OF AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR SPECIALTY GRAPHIC DESIGN SERVICES IN A NOT TO EXCEED AMOUNT OF $61, 762 FOR THE FISCAL YEAR 2016/17 WITH AN OPTION FOR THREE ONE-YEAR RENEWALS. RECOMMENDATION: Approve. FINANCIAL IMPACT: There are sufficient funds allocated for this purpose in the approved 2016/17 fiscal year budget. BACKGROUND: Maintaining open and effective communication between the City and the Diamond Bar community is a primary role of the City's Public Information Division. To that end, staff regularly prepares a variety of outreach materials ranging from notices and program brochures to the most visible communication tool, the City's monthly newsletter, DB Connection. To ensure timely production and distribution of information, staff often increases its capacity through the use of marketing and graphic design contractors. Last month staff requested bids for design services for the production of the City's newsletter and recreation activities guide, and hourly rates for the design and production of additional marketing projects. Of those contacted, Simpson Advertising, Inc. was the sole vendor to respond and the details of their bids are as follows: Graphic design of a full-color, 4 -page tabloid format newsletter eight times at a rate of $1,765 per issue or $14,120 annually; and graphic design of expanded 32 -page magazine format four times at a rate of $4,825 per issue or $19,300 annually, for a combined total cost of $33,420 for the 2016/17 fiscal year; and an hourly rate of $175 for as -needed graphic design services for miscellaneous projects. The City has utilized Simpson Advertising, Inc. since 2004 to assist with the production of a variety of communication projects, such as the annual calendar and services guide, quarterly recreation guide and monthly newsletter, promotional literature for the Diamond Bar Center and annual bridal show, and economic development marketing materials. Project after project, Simpson Advertising has consistently produced professional, high-quality work on a quick turnaround and at very competitive rates. Staff recommends approval of agreement with Simpson Advertising, Inc. in the amount of $33,420 plus a 10% contingency of $3,342 for a total amount of $36,762 for the production of the City's monthly newsletter and quarterly recreation activities guide; and requests an additional $25,000 for design and production services for miscellaneous as -needed projects that include the annual calendar and services guide, promotional literature for the Diamond Bar Center, and economic development marketing materials for a total not to exceed amount of $61,762 for the 2016/17 fiscal year with an option for three one-year renewals. Prepared by: Marsha Roa Public Information Manager Reviewed by: Dianna H eywell Finance Director �k Ryan can Deputy ity Manager Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member Issued: June 13, 2016 City of Diamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839.7000 • Fax (909) 861-3117 www.DiamondBarCA.gov REQUEST FOR PROPOSALS GRAPHIC DESIGN SERVICES FOR THE PRODUCTION OF THE CITY'S NEWSLETTER AND RECREATION ACTIVITIES GUIDE. Project Description The City of Diamond Bar's newsletter, DB Connection, is produced monthly and delivered to residents and businesses in a four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to include the recreation activities guide. City staff will provide vendor with content, including text in a Word document and some photos and graphic files electronically. Vendor may be asked to secure additional stock images to complete the project. It is expected that selected vendor will continue to utilize the same format and design of current newsletter and guide. Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide as follows: two (2) proofs per issue. The first initial draft to allow City staff to proof and provide edits and corrections to vendor, and a second corrected proof. Once approved, packaged files are to be sent to printer electronically. Staff will coordinate production schedule with vendor upon award of contract. The following specifications for each document: Newsletter (DB Connection) - 8 times per year • Flat size: 22" x 17" folded & trimmed to 11" x 17" o Refold to 8 %" x 11 with mailing panel facing out • Color: 4/4 process • Paper: 80# gloss book Recreation Guide —4 times per year • Size: 32 page self -cover • 3 -knife trim to finished size of 8'/ x 11, saddle stitched on 11" side • Color: 4/4 process • Paper: 70# gloss book Copies of existing newsletter and recreation guide are attached for reference. The selected vendor will continue to utilize the same format and design. Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member City of Diamond Bar 21810 Copley Drive . Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www. DiamondoarCA. gov REQUEST FOR PROPOSALS FOR GRAPHIC DESIGN SERVICES Issued: June 13, 2016 PAGE 2 OF 2 Miscellaneous Projects — Vendor may be asked to assist with other miscellaneous projects, such as logo design and collateral items, informational brochures, banners, flyers, postcards, etc. Provide examples of these items you have completed or provide hyperlinks to materials available for viewing online. Cost Proposal Submit itemized costs on a monthly basis for both options based on a 12 -month period to begin August 1, 2016 through June 30, 2017 and provide hourly rate for miscellaneous graphic design projects. The project contract will be in effect a minimum of one year (12 months), with an option to renew for up to three years. The selected vendor will be required to enter into an agreement with the City, including insurance specifications outlined in the sample agreement attached to this RFP. Depending on the not -to -exceed cost of the proposal, the agreement will be approved by the City Manager or City Council in accordance with the City's approved purchasing policy. This RFP does not commit the City to negotiate a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of responses in anticipation of a contract. The City reserves, and holds at its discretion, all of the rights and options of any potential or actual vendor for services, including the right to waive any of the provisions of the RFP; issue subsequent RFPs, or addendum; elect or cancel the entire RFP process; waive technical errors in the responses to the RFP; negotiate with any, all or none of the respondents to the RFP; reject any or all proposals; waive technicalities or informalities; or accept any proposal deemed to be in the best interest of the City. Deadline — Responses must be received by Tuesday, June 28, 2016 and sent via email to mroa@diamondbarca.eov or mail to, City of Diamond Bar, 21810 Copley Drive, Diamond Bar, CA 91765. Questions - Marsha Roa, Public Information Manager at mroaCa)diamondbarca.eov or 909.839.7055. Simpson Advertising, Inc. PO Box 2464 a Santa Fe Springs, CA 90670 ® 562-949-9780 WrA Issued: June 13, 2016 REQUEST FOR PROPOSALS GRAPHIC DESIGN SERVICES FOR THE PRODUCTION OF THE CITY'S NEWSLETTER AND RECREATION ACTIVITIES GUIDE. June 28, 2016 Marsha Roa City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Marsha Roa, We appreciate the opportunity to submit a graphic design services proposal for Diamond Bar's DB Connection publications. Our creative talents and dependable service, coupled with over 40 years of experience in working with municipalities (11 years with the City Diamond Bar), make us a perfect fit for Diamond Bar's graphic design services needs. We are very pleased to submit our proposal and lookforward to more opportunities to provide stellar graphic design services for Diamond Bar. Please note that our proposal includes same costs as last year's proposal. Project Description - The City of Diamond Bar's monthly newsletter, DB Connection, is delivered to residents and businesses in four (4) page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to include the recreation activities guide. City staff will provide vendor with content in a Word document and some photos/graphic files electronically. Vendor may be asked to secure additional stock images to complete project. Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide with same format and design of current publications and as follows: two (2) proofs, a draft and a second draft with corrections as provided by City staff. Once approved, packaged files are to be sent to printer electronically. Staff will coordinate production schedule with vendor upon award of contract. The following are the specifications for each document layout: Newsletter (DB Connection)- 8 times per year 4 -Page Newsletter size: 22"x 17"folded &trimmed to 11"x 17; then refold to 8.5"x 11"with mailing panel facing out, 4/4 process with bleeds on 80# gloss book Recreation Guide - 4 times per year 32 -Page Recreation Guide size: 32 page self -cover, 3 -knife trim to finished size of 8.5"x i I' saddle stitched on 11"side, 4/4 process with bleeds on 70# gloss book Miscellaneous Projects — Vendor maybe asked for design assistance in miscellaneous projects, such as logo design and collateral items; informational brochures, banners, flyers, postcards, etc. Provide examples of these items you have completed. Cost Proposal and Deadline— Submit itemized costs on a monthly basis for both options based on a 12 -month period to begin August 1, 2016 through June 30, 2017 and provide hourly rate for miscellaneous graphic design projects to mroa@diamondbarca.gov by Tuesday, June 28, 2016. Simpson Advertising Proposal Simpson Advertising is pleased to submit costs to perform the graphic design services as defined in the Project Description included in Diamond Bar's Request for Bids. Itemized costs for the DB Connection publications: Newsletter - 8 times per year Design & Layout Cost per Issue ................................... $ 1,765.00* Recreation Guide — 4 times per year Design & Layout Cost per Issue ................................... $ 4,825.00* Hourly rates for miscellaneous graphic design projects: Designper hour.................................................................... $ 175.00* Production per hour............................................................ $ 145.00* *Does not include stock photography, client adds and changes not included in the Project Description, or sales tax if applicable. Samples of Similar publications and miscellaneous projects: Simpson Advertising has submitted similar samples (Newsletters and Recreation Guides) and other miscellaneous samples via USPS to the attention of Marsha Roa. Thanks again for the opportunity to submit a graphic design proposal for DB Connection publications. We look forward to meeting with you to discuss our graphic design services and how we can be of assistance to Diamond Bar. Best regards, Jeff Simpson, President (562) 949-9780, Ext. 1 Jeff@Simpsonadvertisinginc.com Debbie Baker, Corporate Secretary (562) 949-9780, Ext: 2 Cell (562) 400-4635 Debbie@Slmpsonadvertisinginc.com City of Diamond Bar CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of August 1, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Simpson Advertising, 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. Marsha Roa, Public Information Manager (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 August 1, 2016, and shall continue until June 30, 2017, with an option to renew for up to three one-year terms, upon agreement of the parties as to price, 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 sixty-one thousand, seven hundred and sixty-two dollars and no cents ($61,762) 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. 7 9520721 Professional Services - Non Design 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 invoiced the 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, except as specifically provided herein. 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 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. 952077.1 Z Professional Services - Non Design 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 Workers' Compensation Act 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. 952077.1 3 Professional Services - Non Design 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; and (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. 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 at least ten (10) days 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 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. 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 952077.1 4 Professional Services - Non Design ("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 Consultant 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 952077.1 S Professional Services - Non Design 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 it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Jeff Simpson and Debbi Baker shall be the person who primarily performs the work provided under this Agreement. 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, 952077.1 6 Professional Services - Non Design 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 complete the work provided for in this Agreement as agreed to by and between the Project Manager and the Consultant. 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. OMMITTED 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. 952077.1 7 Professional Services - Non Design 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" Simpson Advertising Inc P.O. Box 2464 Santa Fe Springs CA Attn.: Debbie Baker Phone: (562) 949-9780 ext. 2 E -Mail: debbie@simpsonadvertisinginc.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Marsha Roa Phone: (909) 839-7055 E-mail: mroa@diamondbarca.gov 952077.1 $ Professional Services - Non Design 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" Simpson Advertising, Inc. By: Printed Name: Jeffrey D. Simpson Title: President By: Printed Name: Debra A. Baker Title: Corporate Secretary Approved as to form: City Attorney "City" CITY OF DMOND BAR By: Nancy A. Lyons, Mayor ATTEST: City Clerk 952077.1 9 Professional Services - Non Design *NOTE: If 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. 952077.1 70 Professional Services - Non Design CITY COUNCIL Agenda # 7.1 Meeting Date: July 19 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M n e TITLE: ADOPTION OF RESOLUTIO 2016 -XX ASSESSING A NUISANCE ABATEMENT LIEN/SPECIAL ASSESSMENT AGAINST 1162 CHISOLM TRAIL DRIVE. RECOMMENDATION: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt Resolution No. 2016 -XX. FINANCIAL IMPACT: The City has incurred nuisance abatement and administrative costs in the amount of $5,821.57. Recordation of a lien/special assessment with the County Assessor's Office will enable the City to fully recover these costs. BACKGROUND: The City's Neighborhood Improvement Division works both proactively and responsively to enforce the Municipal Code and ensure that property maintenance standards remain high. City documentation of property maintenance violations at the subject property began on March 20, 2014. The continued pattern of neglect and the property owner's failure to respond or comply resulted in the issuance of Abatement Warrant No. 757 and nuisance abatement performed at the property on November 5, 2015. On April 5, 2016, the City Council adopted Resolution No. 2016-10, confirming the cost report for nuisance abatement expenses totaling $8,291.92. As mentioned in the previous staff report, staff has continued to monitor the overall condition of the property. Although the appearance of the rear slope is not as poor as it was prior to the initial abatement, weeds and general overgrowth in the front and rear yards have reached the point where a follow-up abatement is necessary. On May 17, 2016, the City obtained an Abatement Warrant (Warrant No. 48 from the Los Angeles Superior Court, East Judicial District/Pomona Branch), enabling the City or its agent to perform nuisance abatement at the property. City staff and contractors entered entered the property on May 19, 2016 to perform the work authorized under the Warrant, which included removal of all weeds, dead/dying/overgrown trees and vegetation from the front and rear yards. On May 31, 2016, the City filed a Return on Abatement Warrant to record the City's abatement of the nuisance. On July 5th 2016, the City issued a written notice to the property owner that the City Council would hold a public hearing at the regularly scheduled July 19, 2016 City Council meeting to consider placing a second lien/special assessment in the amount of $5,821.57 to recover full abatement costs that are itemized in the attached Cost Report (Attachment 2) and summarized below to include: • Abatement labor costs for Emerald Landscaping Services totaling $444.50. • Staff time of 32 hours, as itemized in the Cost Report totaling $1,538.74. • City Prosecutor costs totaling $3,838.33 This would bring the total nuisance abatement and administrative costs to $14,113.49. The hearing before the City Council provides the property owner or their representative the opportunity to present written or oral protests or objections. Pursuant to Government Code Section 38773.5(c), "the property may be sold after three years by the tax collector for unpaid delinquent assessments." Notice of the public hearing was posted on the property and sent to the owner via US Mail, certified return receipt requested. All attempts to contact persons affiliated with the property were met without response. Notice of the hearing did not require advertisement in local newspapers as the Report of Abatement Costs and Notice of Public Hearing posted on the property and mailed to the owner on record fully satisfy the notification requirements set forth under Section 22.34.070 of the Diamond Bar Municipal Code. Staff will continue to monitor the subject property and perform follow-up abatement as needed until the property has been sold for unpaid delinquent assessments or the property owner's agents voluntarily remove the overgrown vegetation. Pursuant to Diamond Bar Municipal Code Section 22.34.070 and Government Code Section 38773.5, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. Staff recommends that the City Council consider this report, open the public hearing, receive public comment, close the public hearing and consider adoption of the Resolution and Cost Report for recovery of nuisance abatement costs in the amount of $5,821.57. Upon approval, the appropriate documentation will be certified and filed with the County of Los Angeles as required. Nuisance Abatement Lien/Special Assessment 11162 Chisolm Trail Drive Page 2 Respectfully submitted: Greg Gubman, AICP Community Development Director Attachments: 1. City Council Resolution No. 2016 -XX. 2. Notice of City Council Hearing and Report of Abatement Costs dated July 5, 2016. 3. Emerald Landscaping Services Invoice dated May 16, 2016. 4. Los Angeles County Superior Court Abatement Warrant dated May 17, 2016. 5. City Council Agenda Report April 5, 2016. 6. City Council Resolution No. 2016-10. 7. Photographs dated May 17, 2016 and May 19, 2016. 8. Diamond Bar Municipal Code Section 22.34.070. Nuisance Abatement Lien/Special Assessment 11162 Chisolm Trail Drive Page 3 ATTACHMENT 1 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 1162 CHISOLM TRAIL DRIVE, DIAMOND BAR, CA [APN: 8717-028-020] AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF WHEREAS, the Diamond Bar Community Development Department (hereafter the 'Department'), pursuant to the procedures set forth in Section 22.34.070 of the Diamond Bar Municipal Code (hereafter, "Code"), caused the abatement of public nuisance conditions at 1162 Chisolm Trail Drive, Diamond Bar, CA 91765 (hereafter the "Subject Property") on May 17, 2016 with an Abatement Warrant from the Los Angeles Superior Court [Warrant No. 48]. WHEREAS, on July 5, 2016, the Department duly served Tapan T. Sen, the record owner of the Subject Property, with a Cost Report (containing an account of abatement costs totaling $5,821.57) and a Notice of City Council Hearing on Assessment on July 19, 2016 at 6:45 p.m. in the South Coast Air Quality Management District Main Auditorium, located at 21865 Copley Drive, Diamond Bar, CA. Said notice also informed Tapan T. Sen, and other interested persons, of the right to present a written or oral protest to the Cost Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. Having considered the Cost Report and any oral and written protests or objections thereto, the City Council hereby confirms the Cost Report totaling $5,821.57 in abatement costs. Section 2. Tapan T. Sen is liable for the confirmed abatement costs of $5,821.57 pursuant to Section 22.34.070 (g) of the Code. The confirmed abatement costs of $5,821.57 also constitute a special assessment and lien against the Subject Property described below pursuant to Section 22.34.070 0)(3) of the Code. Pursuant to Government Code Section 38773.5(c) "the property may be sold after three years by the tax collector for unpaid delinquent assessments." Street Address: 1162 Chisolm Trail Drive, Diamond Bar, CA 91765 L.A. County Assessor Parcel No.: 8717-028-020 Legal Description: Lot 15 of Tract No. 37874, as per Map recorded in Book 978 of maps, pages 6 to 8 inclusive, in the office of the Los Angeles County Recorder. 1042068.1 Section 3. A certified copy of the Cost Report shall be attached to this Resolution and constitute a part hereof. Section 4. A certified copy of the Resolution shall be mailed via certified mail to the property owner. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 191h day of July 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 191h day of July, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 1042068.1 Tommye A. Cribbins, City Clerk Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member ATTACHMENT 2 C ky of Doartnond Bare 21810 Copley Drive a Diamond Bar, CA 91765-4178 (909) 839-7000 o Fax (909) 861-3117 www.DiamondBarCA.gov Served Via Certified Mail /Return Receipt Requested Copies Served by First Class Mail and Posting at Premises July 5, 2016 Tapan T. Sen (Property Owner) 1162 Chisolm Trail Drive Diamond Bar, CA 91765-1885 Re: Report of Abatement Costs ("Cost Report") For Abatement Actions at 1162 Chisolm Trail Drive, Diamond Bar L.A. County Assessor Parcel No. 8717-028-020 Notice of City Council Hearing on Assessment Dear Mr. Sen: The City of Diamond Bar (hereafter "City") caused the abatement of nuisance conditions at the above -referenced premises on May 19, 2016. The abatement actions were performed pursuant to Abatement Warrant No. 48, as issued by the Los Angeles County Superior Court/ Pomona Branch on May 17, 2016. The abatement actions consisted of: (i) Removal of weeds; (ii) Skirting of bushes/shrubs/trees; and, (iii) Clean up, removal and disposal of debris. The account of abatement costs (hereafter the "Account") that the City incurred for the above -referenced actions are set forth in Attachment 1: Abatement Cost Report. You are liable for all costs of abatement, including all administrative and inspection costs which total $5,821.57, pursuant to Section 1.04.010(e) of the Diamond Bar Municipal Code. Tapan T. Sen (Property Owner) July 5, 2016 Page 2 Pursuant to Diamond Bar Municipal Code Section 22.34.070 and Government Code Section 38773.5, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. Pursuant to Government Code Section 38773.5(c) "the property may be sold after three years by the tax collector for unpaid delinquent assessments." This Cost Report will be presented to the City Council for its consideration as follows: Date: July 19, 2016 Time: 6:45 p.m. Location: South Coast Air Quality Management District Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Please also be advised that any owner of the land or'other interested persons may present a written or oral protest to this Cost Report for consideration by the City Council at the hearing. Upon the City Council's confirmation of this Cost Report, or any portion thereof, said amount shall also constitute a special assessment and a lien against the above -referenced property. Sincerely, n Tommye tribbins Diamond Bar City Clerk Encs. ABATEMENT COST REPORT Property Address: 1162 Chisolm Trail, Diamond Bar, CA 91765 APN:8717-028-020 rnYo�n BSI ABATEMENT CONTRACTOR, Total: Emerald Landscape Services Inc.: Labor for Weed & Debris Removal, and Landfill Disposal Fees. $ 444.50 Hourly Rafe: Total Firs Total., NEIGHBORHOOD IMPROVEMENT OFFICER -Inspections: Visiting location; taking photos; posting court documents; and abatement monitoring -Paperwork: Letters to owner; correspondence with City Prosecutor; current file upkeep (both paper and CityView computer log entries) Abatement warrant and return COMMUNITY DEVELOPMENT INTERN Preparation of the Cost Report and Public Hearing Notice; Preparation of the City Council Report $ 14.26 8 $ 114.08 CITY CLERK Preparation of correspondence and certification of documents to be filed with the County to record the special assessment $ 74.58 2 $ 149.16 CITY PROSECUTOR Firm: Dapeer, Rosenblit & Litvak, LLP $ 3,838.33 TOTAL ABATEMENT COSTS: City of Diamond Bar City Hall 21810 Copley Drive Diamond Bar CA. 91765 909.839.7015 Fax: 909.861.3117 tnlvuvv.diamondtaarCA.gov $ 45.17 13 $ 587.21 PARKS AND MAINTENANCE SUPERINTENDENT Property visits for bids from 3 landscaping companies; Phone calls and emails to set up estimates; and on site to direct the work and translate English to Spanish between contractor and staff. $ 67.91 7 $ 475.37 COMMUNITYDEVELOPMENT DIRECTOR Review case file; communications with Neighborhood Improvement Officer and City Prosecutor; review and approve correspondence; attendance at City Council meeting $ 106.46 2 $ 212.92 COMMUNITY DEVELOPMENT INTERN Preparation of the Cost Report and Public Hearing Notice; Preparation of the City Council Report $ 14.26 8 $ 114.08 CITY CLERK Preparation of correspondence and certification of documents to be filed with the County to record the special assessment $ 74.58 2 $ 149.16 CITY PROSECUTOR Firm: Dapeer, Rosenblit & Litvak, LLP $ 3,838.33 TOTAL ABATEMENT COSTS: City of Diamond Bar City Hall 21810 Copley Drive Diamond Bar CA. 91765 909.839.7015 Fax: 909.861.3117 tnlvuvv.diamondtaarCA.gov 06/16/2016 14:56 17148442275 1 51 0 1041 N.KEMP STREET 4267 DESCRIPTION ANAHEIM, CA 92801 Al.Emerald A COST TO 00AWEED ABATEMENT AT1162CHISOLMTRAIL+DUMPFEE PH: 714844-2200 Landscape Service's, IItiC. FX: 714844-2276 NAMEIADDRESS I CITY OF DIAMOND BAR 21610 COPLEY DRIVE DIAMOND BAR, CA 91755 ATTN: ANTHONY E JORDAN EMERALD LNDSCPE SVCS ATTACHMENT 3 PAGE 03/03 Estimate DATE ESTIMATE it 5116!16 4267 PLEASE NATE; ESTIMA7RLARE VALID FOR Bp PAYS P.O. # IF NEEDED - PROPERTY NAME 2161 D EAST COPLEY DRIVE DESCRIPTION QTY COST ESTIMATE TOTAL, COST TO 00AWEED ABATEMENT AT1162CHISOLMTRAIL+DUMPFEE 1 444.50 444.60 THE ABOVE QUOTE IS VALID FOR 60 DAYS FROM THE ABOVE DATE ELS INC. IS NOT RESPONSIBLE FOR DAMAGES BEYOND OUR CONTROL, PLEASE CALL OUR OPPICE IF YOU HAVE ANY QUESTIONS - MB The Bitterness gfPonr Q1wality Lingers Long Oer the St7+eetnass ofLow Cost ie.Forgotten Radio Dispatch for proinpt Service Please sign and fax back to' 794 544-2275 for scheduling AUTHORIZED BY DATE AUTHORIZI~D ESTIMATE TOTAL, $444.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTACHMENT 4 Steven H. Rosenblit, SBN 72435 Kenneth B. Dapeer, SBN 70575 Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064 Telephone: (310) 477-5575 Diamond Bar City Prosecutors LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE A NUISANCE CONDITION ON REAL PROPERTY AT 1162 CHISOLM TRAIL DR., DIAMOND BAR, CA [APN 8717-028-0201 WARRANT NO. Uikr1 NOTICE OF ISSUANCE OF ABATEMENT WARRANT DATE: MAY 12016 TIME: DEPT.: TO: TAPAN T, SEN [PROPERTY OWNER]: NOTICE IS HEREBY GIVEN that on MAY 172016, Judge I�wUC �✓�i2U of the Los Angeles County Superior Court (Pomona Branch) issued an abatement warrant ordering the City of Diamond Bar ("City") to enter these premises in order to remove prohibited vegetation [to wit, weeds, and overgrown/dead/dying vegetation (which Includes lawns, trees and bushes)] from the front and rear yards. NOTICE OF ISSUANCE OF ABATEMENT WARRANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE IS HEREBY FURTHER GIVEN that the abatement warrant is sought for the purpose of protecting public health, safety and welfare. NOTICE IS HEREBY FURTHER GIVEN that the City will proceed with the execution of this warrant in the absence of you or your agents. NOTICE IS HEREBY FURTHER GIVEN that the Court has authorized the City, if necessary, to utilize forcible entry (by locksmith or other means) into enter side and rear yards if, after proper service of this Notice of Issuance of Abatement Warrant, you or your representatives are unwilling or otherwise are unable for any reason to provide access to said areas when the warrant is executed. NOTICE IS HEREBY FURTHER GIVEN that the warrant will be executed on May, 2016, at approximately i Dated: Mayj 2016 Bar City Prosecutor NOTICE OF ISSUANCE OF ABATEMENT WARRANT 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Steven H. Rosenblit, SBN 72435 Kenneth B, Dapeer, SBN 70575 Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064 Telephone: (310) 477-5575 Diamond Bar City Prosecutors LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE A NUISANCE CONDITION ON REAL PROPERTY AT 1162 CHISOLM TRAIL DR., DIAMOND BAR, CA [APN 8717-028-0201 WARRANT NO, L( S' ABATEMENT WARRANT DATE: Mayes, 2016 TIME:. DEPT: THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY DEPUTY, AUTHORIZED NEIGHBORHOOD IMPROVEMENT OFFICER, OTHER AUTHORIZED REPRESENTATIVE FOR THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA: Upon the ex parte application of the City of Diamond Bar and for good cause shown to the court: YOU ARE HEREBY COMMANDED to enter the premises described as 11162 Chisolm Trail Dr., Diamond Bar, California (Assessor Parcel �No. 8717-028-0205) within fourteen (14) days from the date of this ABATEMENT WARRANT -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Warrant, and you are directed to undertake the actions stated below in order to abate a public nuisance condition thereon. (i) Remove all weeds in the front and rear yards; and, (ii) Cut/trim all dead/dying/overgrown vegetation (whetherl lawns, trees and bushes or other plant material) in the front and rear yards. YOU ARE HEREBY COMMANDED to make a return to this according to Section 1822.55 of the Code of Civil Procedure. EXECUTION OF THIS WARRANT may not be made between the hours 6:00 p.m. and 8:00 a.m. of the succeeding day. The property owner and/ agents need not be present when the warrant is executed. FORCIBLE ENTRY into side and rear yards is authorized in the event that no one is present, willing or otherwise able (for any reason) to provide access to those areas to City officials (or agents) when the warrant is executed. SAID ABATEMENT may be done by or in the company of contractors, technical assistants and other service providers whose professional or expertise is necessary in order to complete the work required, and/or representatives of any department of the City of Diamond Bar. NOTICE OF ISSUANCE of this abatement warrant shall be served [at least twenty-four (24) hours prior to execution) in the following manner: ABATEMENT WARRANT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .29 (i) By causing a copy of said notice to be delivered by U.S. Postal Service (via first class mail) to Tapan T. Sen 1162 Chisolm Trail Dr., Diamond Bar, CA 91765-4103; and, (ii) By posting a copy of said notice on a structure 1162 Chisolm Trail Dr., Diamond Bar, CA 91765-4103; and, (iii) Emailing a copy of said notice to Tapan T. Sen, c/o Saikat Sen at saikat.r.sen@gmail.com. GIVEN UNDER MY HAND and dated May f d , 2016. ABATEMENT WARRANT -3- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Steven H. Rosenblit, SBN 72435 Kenneth B. Dapeer, SBN 70575 Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064 Telephone: (310) 477-5575 Diamond Bar City Prosecutors LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE A NUISANCE CONDITION ON REAL PROPERTY AT 1162 CHISOLM TRAIL DR., DIAMOND BAR, CALIFORNIA [APN 8717-028-0201 WARRANT NO. 0i RETURN ON ABATEMENT WARRANT DATE: May 31, 2016 TIME: DEPT.: I, the undersigned, make this Return to the within Abatement Warrant, and under its authority the city's contractor and I entered the premises stated below on the 19th day of May, 2016 between 9:00 a.m. and 2:00 p.m. to undertake and complete an abatement action for the removal of prohibited vegetation [to wit, weeds, and overgrown/dead/dying vegetation (which includes laws, trees and bushes)] from the front and year yards. RETURN( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WIN 19 20 21 22 23 24 25 26 27 SERVICE OF NOTICE OF ISSUANCE OF ABATEMENT WARRANT: On May 17, 2016 at approximately 11:00 a.m., I served a Notice of Issuance of Abatement Warrant (hereafter "Notice") by first class mail on Tapan T. Sen, the property owner, at 1162 Chisolm Trail Dr., Diamond Bar, CA 91765. I also posted a copy of the Notice on the garage door of the residence on May 17, 2016 at 2:00 p.m. On May 17, 2016 at 2:37 p.m., I also sent a copy of the Notice to Tapan T. Sen, c/o Saikat Sen, via email at: saikat.r.sen@gmail.com. The Notice advised the owner that the warrant would be executed on May 19, 2016 at approximately 9:00 a.m. AREAS ENTERED ON PREMISES: The front yard, the side yard, and the rear yard of real property located at 1162 Chisolm Trail Dr., Diamond Bar California. PERSONS PARTICIPATING IN EXECUTION OF THE WARRANT: Diamond Bar City Official(s): Richard Freiholtz. Community Services Supervisor: Anthony Jordan. Contractor (City Agent): Emerald Landscaping. ACTIONS TAKEN: I entered the premises and tried to make contact with the property owner by knocking on the front door of the residence several times. No one responded. I concluded no persons were present. I then directed the contractor RETURN ON ABATEMENT WARRANT 2 11 2 3 4 5 6 7 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ito proceed with this project. I installed a new lock on the gate. I took several photos of the premises. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 31, 2016, in the County of Los Angeles, State of California. RICHARD FREIHOL,Z Neighborhood Improvement Officer City of Diamond Bar RETURN APPROVED. Subscribed and sworn to me on this` day of 12016. STEVEN D. BLADES Judge of the Supeiior Court RETURN ON ABATEMENT WARRANT 3 ATTACHMENT 5 Meeting Date: April 5, 2016 CITY COUNCIL "' AGENDA REPORT �kCpltrcriUi�'1 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: ADOPTION OF RESOLUTION 2016 -XX ASSESSING A NUISANCE ABATEMENT LIEN/SPECIAL ASSESSMENT AGAINST 1162 CHISOLM TRAIL DRIVE. RECOMMENDATION: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt Resolution No. 2016 -XX. FINANCIAL IMPACT: The City has incurred nuisance abatement and administrative costs in the amount of $8,291.92. Recordation of a lien/special assessment with the County Assessor's Office will enable the City to fully recover these costs. BACKGROUND: The City's Neighborhood Improvement Division works both proactively responsively to enforce the Municipal Code and ensure that property maintenance standards remain high. City documentation of property maintenance violations at the subject property began on March 20, 2014. Staff later learned that the property owner had vacated the property to seek medical treatment outside of the country, and placed their adult son, Saikat Sen, in charge of the property's maintenance. Mr. Sen was initially responsive to the City's requests to maintain the weeds and overgrowth, and to remove an inoperative vehicle. Over time, Mr. Sen became less responsive to City Courtesy Notices, and the City began to issue administrative citations. Then, on March 13, 2015, the Community Development Director declared the property a public nuisance, issued a 10 -day Notice and Order to Abate. Mr. Sen voluntarily complied with this first Notice and Order. However, the pattern of neglect eventually resumed, and Mr. Sen stopped responding to subsequent communications from City staff and the City Prosecutor. The Community Development Director issued a second Notice and Order to Abate on October 15, 2015. As before, the notice was sent to the property owner via US Mail and physically posted on the property, indicating that if the violations were not abated within the 10 -day period, the City would complete the work with all related costs of work assessed against the property. The property owner failed to comply or respond to the second Notice of Abatement. On November 3, 2015, the City obtained an Abatement Warrant (Warrant No. 757 from the Los Angeles Superior Court, East Judicial District/Pomona Branch), enabling the City or its agent to perform nuisance abatement at the property. City staff and contractors entered the property on November 5, 2015 to perform the work authorized by the Superior Court, which included removal of all weeds, dead/dying/overgrown trees and vegetation from the front and rear yards. On November 12, 2015, the City filed a Return on Abatement Warrant to record the City's abatement of the nuisance. On March 17, 2016, the City issued a written notice to the property owner that the City Council would hold a public hearing at the regularly scheduled April 5, 2016 City Council meeting to consider placing a lien/special assessment in the amount of $8,291.92 to recover full abatement costs that are itemized in the attached Cost Report (Attachment 2) and summarized below to include: • Abatement labor costs for Emerald Landscaping Services totaling $1,119.00. Staff time of 41 hours, as itemized in the Cost Report totaling $1,874.71. City Prosecutor costs totaling $5,298.21. The hearing before the City Council provides the property owner or their representative the opportunity to present written or oral protests or objections. Pursuant to Government Code Section 38773.5(c), "the property may be sold after three years by the tax collector for unpaid delinquent assessments." Notice of the public hearing was posted on the property and sent to the owner via US Mail, certified return receipt requested. The notice was returned to sender on March 21, 2016. On March 24, 2016, City staff also sent the notice of public hearing to Saikat Sen via email. All attempts to contact persons affiliated with the property were met without response. Notice of the hearing did not require advertisement in local newspapers as the Report of Abatement Costs and Notice of Public Hearing posted on the property and mailed to the owner on record fully satisfy the notification requirements set forth under Section 22.34.070 of the Diamond Bar Municipal Code. Staff continues to monitor the subject property, and although the overall condition of the rear yard and rear slope is not as poor as it was prior to the abatement performed last November, weeds and general overgrowth in the front yard are at the point where the City will to perform a follow-up abatement will likely commence in April of this year, unless the property owner's agents voluntarily remove the overgrown vegetation. Nuisance Abatement Lien/Special Assessment 11162 Chisolm Trail Drive Page 2 Pursuant to Diamond Bar Municipal Code Section 22.34.070 and Government Code Section 38773.5, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. Staff recommends that the City Council consider thi public comment, close the public hearing and Cost Report for recovery of nuisance abater Upon approval, the appropriate documentation of Los Angeles as required. Prepared by: Amy Kreimeier Planning Interr Attachments: report, open the public hearing, receive consider adoption of the Resolution and lent costs in the amount of $8,291.92. will be certified and filed with the County Reviewed by: Greg Gubman, AICP Community Development Director 1. City Council Resolution No. 2016 -XX. 2. Notice of City Council Hearing and Report of Abatement Costs dated March 17, 2016. 3. Los Angeles County Superior Court Abatement Warrant dated November 3, 2015. 4. Emerald Landscaping Services Invoice dated February 23, 2016. 5. Notice and Order to Abate a Public Nuisance dated March 13, 2015 and October 15, 2015. 6. Photographs dated November 5, 2014 through November 6, 2015, and March 28, 2016. 7. Diamond Bar Municipal Code Section 22.34.070. Nuisance Abatement Lien/Special Assessment 11162 Chisolm Trail Drive Page 3 ATTACHMENT 6 RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 1162 CHISOLM TRAIL DRIVE, DIAMOND BAR, CA [APN: 8717-028-020] AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF WHEREAS, the Diamond Bar Community Development Department (hereafter the "Department"), pursuant to the procedures set forth in Section 22.34.070 of the Diamond Bar Municipal Code (hereafter, "Code"), caused the abatement of public nuisance conditions at 1162 Chisolm Trail Drive, Diamond Bar, CA 91765 (hereafter the "Subject Property") on November 5, 2015 with an Abatement Warrant from the Los Angeles Superior Court [Warrant No. 757], WHEREAS, on March 17, 2016, the Department duly.served Tapan T. Sen, the record owner of the Subject Property, with a Cost_ Report (containing an account of abatement costs .totaling $8,291.92) and a Notice of City Council Hearing on Assessment on April 5, 2016 at 6:45 p.m. in the South Coast Air Quality Management District Main Auditorium, located at 21865 Copley Drive, Diamond Bar, CA. Said notice also informed Tapan T. Sen, and other interested persons, of the right to present a written or oral protest to the Cost Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. Having considered the Cost Report and any oral and written protests or objections thereto, the City Council hereby confirms the Cost Report totaling $8,291.92 in abatement costs. Section 2. Tapan T. Sen is liable for the confirmed abatement costs of $8,291.92 pursuant to Section 22.34.070 (g) of the Code. The confirmed abatement costs of $8,291,92 also constitute a special assessment and lien against the Subject Property described below pursuant to Section 22.34.070 6)(3) of the Code.' Pursuant to Government Code Section 38773.5(c) "the property may be sold after three years by the tax collector for unpaid delinquent assessments," Street Address: 1162 Chisolm Trail Drive, Diamond Bar,,CA 91765 L.A. County Assessor Parcel No.: 8717-02.8-020 • ` hh;1, ' Legal Description: Lot 15 of Tract No. 37814, a per Map"recorded in Book 978 Of maps, pages 6 to 8 inclusive, in the office of.(he Los Angeles .County Recorder: 0 1042068.1 Section 3. A certified copy of the Cost Report shall be attached to this Resolution and constitute a part hereof. Section 4. A certified copy of the Resolution shall be mailed via certified mail to the property owner. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 5th day of April 2016. I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016-10 was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 5th day of April, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons 1042068.1 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBER711AT11Q r'''r CAI,"O"i"I' cu tn4wor•lasnracus ss ommye A. Cribbins, Cih Clerk CITY Df DIAMOND BAIL r ,i In ATTACHMENT 7 Mrs Nt' q 'es 1160 1162 r 1164 IF��` , M Fr Anne r :CCD any 4 60 1102 9164 Y w i i IY,S• _�•r. � 4L.-.�ue�Cu•,a X0+51 1916 r MEMO ATTACHMENT 8 Sec. 22.34.070. - Abatement procedures. (a) Public nuisance and nuisance per se. (1) The authority to abate and impose sanctions. Enforcement of this chapter shall be accomplished by the director in any manner authorized by law. The procedures identified in this chapter shall not be exclusive and shall not, in any manner, limit or restrict the city from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever the director determines that any condition exists in violation of this chapter, the officer shall take appropriate enforcement action in compliance with this chapter. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law. (2) Written notice. Whenever the director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a nuisance exist, the director shall prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/or require an appearance before the director at a stated time and place to show why the condition should not be abated by the city at the person's expense. The notice and order to abate the determined public nuisance shall contain the following information: a. The street address and a legal description sufficient for identification of the property on which the condition exists; b. A statement that the director has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance; c. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions; d. A statement advising that the disposal of any material involved in public nuisances shall be conducted in a legal manner; e. A statement advising that if the required work is not commenced within the time specified, the director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property; f. A statement advising that a person having an interest or record title in the property may request consideration of the notice and order or any action of the enforcement within ten days from the date of service of the notice and order; and g. A statement advising that the notice and order will be recorded against the property in the office of the county recorder. (b) Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required in compliance with subsection (a)(2) above at the address of the violation as it appears on the latest equalized assessment roll of the county, or as known to the director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice. The failure of the director to make or attempt service on a person required in this chapter to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in compliance with this chapter, shall be effective on the date of mailing. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this chapter. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. Page 1 At the time the notice and order is served, the director shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and that the owner has been so notified. The director shall file a new certificate with the county recorder that the nuisance has been abated whenever the following actions occur: (1) Corrections ordered have been completed so that a public nuisance no longer exists on the subject property as described in the original certificate; (2) The notice and order is rescinded upon appeal; or (3) Whenever the city abates the nuisance and the abatement costs have been paid. (c) Extension of time to perform work. Upon receipt of a written request from any person required to comply with the order, the director may grant an extension of time within which to complete the abatement, if the director determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director shall have the authority to place reasonable conditions on any extensions. (d) Hearing. The director may set a date, time and place to hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the expense of abating the public nuisance, if determined to exist, should be made a lien on the property. If, at the conclusion of the hearing, the director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the director shall advise the person in writing in the same manner as provided in subsection (b), above. The notice shall also inform the landowner of the right of appeal as provided in subsection (h), below. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the director shall be sufficient evidence of the existence of facts in support of the conclusion. (e) Request for reconsideration. Any person aggrieved by the action of the director in issuing a notice and order in compliance with this chapter may request a hearing before the council in compliance with subsection (h), below. If no appeal is filed within the time prescribed, the action of the director shall be final. (f) Council hearing. A request for a council hearing shall be made in compliance with the following provisions: (1) Hearing on director's decision. Any person entitled who is dissatisfied with a public nuisance determination of the director may request a hearing before the council within seven days from the date of mailing of the decision of the director. The written request shall be filed with the department. (2) Request for hearing. The request for a council hearing shall specify the following: a. The legal description and street address of the property; b. The determination that is the basis of the hearing request; c. The person's legal interest in the property; d. A statement of disputed and undisputed facts; and e. A signed verification of the truth of all stated matters. (3) Processing of requests for hearings. Requests for hearings shall be processed in the following manner: a. Upon the timely filing of a request for a hearing, the director shall place the matter on a regular meeting of the council scheduled to be held not less than 30 days after the appeal is received; b. The council may reverse or modify the decision of the director and/or remand the matter to the director for further consideration. If the council does not take any action reversing, modifying and/or remanding of the decision of the director within 30 days after the filing of Page 2 the request for a hearing, the director's action on the matter shall be final and conclusive. Notice of a final determination shall be sent in the same manner as after the director's determination. (g) Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed within the abatement period, the city shall immediately cause the same to be abated by city personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes. The owner of the premises shall be liable to the city for all costs of abatement, including all administrative and inspection costs. (h) Proceedings for abatement of imminently dangerous public nuisances. Whenever the director determines that a public nuisance is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted: (1) Personal interview. The director shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired or isolated to preclude harm to any person or property; (2) Removal of the dangerous condition(s). In the event the director is unable to make contact, or if the appropriate persons, after notification by the director, do not take action as specified by the officer, within the time frame requested, then the director may, with the approval of the city manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of city personnel or a contractor retained in compliance with the provisions of the Municipal Code; and (3) Account of the costs. The director shall keep an itemized account of the costs incurred by the city in removing or isolating the condition(s). These costs may be recovered in the same manner that abatement costs are recovered, in compliance with this chapter. (i) Costs of inspection. Whenever a public nuisance as defined in this chapter is found to exist as a result of the inspection, the reasonable costs for the inspection, as set by the council's fee resolution, shall be paid by the landowner. 0) Assessment of costs against real property. The following provisions shall apply: (1) Cost assessment. The director, personnel or persons who abate the nuisance shall keep an account of the cost of abatement. The personnel or persons shall submit an itemized written report showing the costs to the director for transmittal to the council. (2) Hearing on assessment. The city clerk shall set the report and account for hearing by the council at the first regular meeting which will be held at least seven days after the date of filing, and shall post a copy of the report and account and notice of the date, time and place of the hearing in a conspicuous place. The owner who is affected by the report and account shall be served a notice containing the date, time and place of the hearing. (3) Tax lien. The council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the report and account. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. In compliance with state law (Government Code §§ 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel. (4) Cost report. After confirmation of the report, a certified copy shall be filed with the county auditor on or before August 10th of each year and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll. (5) Special assessment. The special assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same Page 3 penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. (6) Refunds. The council may order refunded all or part of an assessment paid in compliance with this chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the city clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor or guardian. (k) Enforcement. Enforcement of the provisions of this chapter shall be in compliance with chapter 22.78 (Enforcement). (Ord. No. 02(1998), § 2, 11-3-98) Page 4 Agenda # 7.2 Meeting Date: July 19, 2016 CITY COUNCIL NAGENDA REPORT �RY04%� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: ADOPTION OF RESOLUTION 2 16 -XX ASSESSING A NUISANCE ABATEMENT LIEN/SPECIAL ASSESSMENT AGAINST 21224 FIBRE COURT. RECOMMENDATION: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt Resolution No. 2016 -XX. FINANCIAL IMPACT: The City has incurred nuisance abatement and administrative costs in the amount of $6,280.89. Recordation of a lien/special assessment with the County Assessor's Office will enable the City to fully recover these costs. BACKGROUND: The City's Neighborhood Improvement Division works both proactively and responsibly to enforce the Municipal Code and ensure that property maintenance standards remain high. Noncompliance with City's property maintenance standards at the subject property has been an ongoing code enforcement issue for several years. In the past, neighborhood Improvement staff was able to obtain voluntary compliance after repeated efforts. However, more recent efforts have been unsuccessful. Because of the owner's continued failure to correct landscaping violations, the Community Development Director declared the property a public nuisance. On May 12, 2016, the City issued a Notice and Order to Abate. The property owner was given 10 days to correct the documented landscaping violations. The notice was sent to the property owner via US Mail and physically posted on the property, stating that if the violations were not abated within the 10 -day period, the City would perform the work and assess all associated costs against the property. The notice was returned and marked "not deliverable as addressed/unable to forward—deceased" by the US Postal Service. The City attempted to confirm—through a limited records search and by contacting all persons and addresses associated with the property—if the owner is in fact deceased. As of this writing, staff has been unable to obtain such confirmation. However, staff has learned that the property is tax - defaulted, and is scheduled for a 2017 tax sale. On June 8, 2016, the City obtained an Abatement Warrant (Warrant No. 773 from the Los Angeles Superior Court, East Judicial District/Pomona Branch), enabling the City to perform nuisance abatement at the property. City staff and contractors entered the property on June 10, 2016 to perform the work authorized by the Superior Court, which included trimming all overgrown vegetation and the removal of all weeds, as well as dead/dying vegetation from the front, side and rear yards. On June 16, 2016, the City filed a Return on Abatement Warrant to record the City's abatement of the nuisance. On July 5, 2016, the City issued a written notice to the property owner and all known relatives that the City Council would hold a public hearing at the regularly scheduled July 19, 2016 City Council meeting to consider placing a lien/special assessment in the amount of $6,280.89 to recover the full abatement costs, as itemized in the attached Cost Report (Attachment 2) and summarized below: Abatement labor costs for Emerald Landscaping Services totaling $1,074.00. • Staff time of 33.5 hours, as itemized in the Cost Report totaling $1,607.08. • City Prosecutor costs totaling $3,527.11. The hearing before the City Council provides the property owner, representatives, trustees, beneficiaries or heirs the opportunity to present written or oral protests or objections. Pursuant to Government Code Section 38773.5(c), "the property may be sold after three years by the tax collector for unpaid delinquent assessments." Notice of the public hearing was posted on the property and sent to the owner's mailing address via US Mail certified return receipt requested. All attempts to contact persons affiliated with the property were again met without response. Notice of the hearing did not require advertisement in local newspapers as the Report of Abatement Costs and Notice of Pubic Hearing posted on the property and mailed to the owner on record fully satisfy the notification requirements set forth under Section 22.34.070 of the Diamond Bar Municipal Code. Pursuant to Diamond Bar Municipal Code Section 22.34.070 and Government Code Section 38773.5, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. Staff recommends that the City Council consider this report, open the public hearing, receive public comment, close the public hearing and consider adoption of the Resolution and Cost Report for recovery of nuisance abatement costs in the amount of $6,280.89. Upon approval, the appropriate documentation will be certified and filed with the County of Los Angeles as required. On According to the County Assessor's Tax Defaulted Land Section, the subject property will not be set for auction until October 2017. The County Property Management Division may undertake some limited maintenance actions during the pendency of the tax sale; if not, the City will likely have to perform periodic abatements until the property is sold. Page 2 Respectfully submitted: Greg Gubman, AICP Community Development Director Attachments: 1. City Council Resolution No. 2016 -XX. 2. Notice of City Council Hearing and Report of Abatement Costs dated July 5, 2016. 3. Emerald Landscaping Estimate dated May 16, 2016. 4. Los Angeles County Superior Court Abatement Warrant dated June 8, 2016. 5. Notice and Order to Abate a Public Nuisance dated May 12, 2016. 6. Photographs dated June 7, 2016 through June 11, 2016. 7. Diamond Bar Municipal Code Section 22.34.070. Page 3 ATTACHMENT 1 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 21224 FIBRE COURT, DIAMOND BAR, CA [APN: 8719-016-026] AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF WHEREAS, the Diamond Bar Community Development Department (hereafter the "Department'), pursuant to the procedures set forth in Section 22.34.070 of the Diamond Bar Municipal Code (hereafter, "Code"), caused the abatement of public nuisance conditions at 21224 Fibre Court, Diamond Bar, CA 91765 (hereafter the "Subject Property") on June 10, 2016 with an Abatement Warrant from the Los Angeles Superior Court [Warrant No. 7731. WHEREAS, on July 5, 2016, the Department duly served Larry Rhodes, the record owners of the Subject Property, with a Cost Report (containing an account of abatement costs totaling $6,280.89) and a Notice of City Council Hearing on Assessment on July 19, 2016 at 6:45 p.m. in the South Coast Air Quality Management District Main Auditorium, located at 21865 Copley Drive, Diamond Bar, CA. Said notice also informed Larry Rhodes and other interested persons, of the right to present a written or oral protest to the Cost Report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. Having considered the Cost Report and any oral and written protests or objections thereto, the City Council hereby confirms the Cost Report totaling $6,280.89 in abatement costs. Section 2. Larry Rhodes is liable for the confirmed abatement costs of $6,280.89 pursuant to Section 22.34.070 (g) of the Code. The confirmed abatement costs of $6,280.89 also constitute a special assessment and lien against the Subject Property described below pursuant to Section 22.34.070 0)(3) of the Code. Pursuant to Government Code Section 38773.5(c) "the property may be sold after three years by the tax collector for unpaid delinquent assessments." Street Address: 21224 Fibre Court, Diamond Bar, CA, 91765 L.A. County Assessor Parcel No.: 8719-016-026 Legal Description: Lot 70 of Tract No. 33069, as per Map recorded in Book 924 of maps, pages 1 to 7 inclusive, in the office of the Los Angeles County Recorder. 1042068.1 ATTACHMENT 1 Section 3. A certified copy of the Cost Report shall be attached to this Resolution and constitute a part hereof. Section 4. A certified copy of the Resolution shall be mailed via certified mail to the property owner. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this July 191h 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 1 g1h day of July 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 1042068.1 Tommye A. Cribbins, City Clerk Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member ATTACHMENT 2 Oty of Mamond Bar 21810 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.DiamondRarCA.gov Served Via Certified Mail /Return Receipt Requested Copies Served by First Class Mail and Posting at Premises July 5, 2016 Larry.Rhodes (Property Owner) 21224 Fibre Court Diamond Bar, CA 91765-1885 Re: Report of Abatement Costs ("Cost Report') For Abatement Actions at 21224 Fibre Court, Diamond Bar L.A. County Assessor Parcel No. 8719-016-026 Notice of City Council Hearing on Assessment Dear Mr. Rhodes: The City of Diamond Bar (hereafter "City") caused the abatement of nuisance conditions at the above -referenced premises on June 10, 2016. The abatement actions were performed pursuant to Abatement Warrant No. 773, as issued by the Los Angeles County Superior Court/ Pomona Branch on June 8, 2016. The abatement actions consisted of: (i) Removal of weeds; (ii) Skirting of bushes/shrubs/trees; and, (iii) Clean up, removal and disposal of debris. The account of abatement costs (hereafter the "Account") that the City incurred for the above -referenced actions are set forth in Attachment 1: Abatement Cost Report. You are liable for all costs of abatement, including all administrative and inspection costs which total $6,280.89, pursuant to Section 1.04.010(e) of the Diamond Bar Municipal Code. Pursuant to Diamond Bar Municipal Code Section 22.34.070 and Government Code Section 38773.5, the City Council has the authority to assess a lien/special assessment on property where the City incurred costs to abate a public nuisance. Pursuant to Government Code Section 38773.5(c) "the property may be sold after three years by the Larry Rhodes (Property Owner) July 5, 2016 Page 2 tax collector for unpaid delinquent assessments." This Cost Report will be presented to the City Council for its consideration as follows: Date: July 19, 2016 Time: 6:45 p.m. Location: South Coast Air Quality Management District Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Please also be advised that any owner of the land or other interested persons may present a written or oral protest to this Cost Report for consideration by the City Council at the hearing. Upon the City Council's confirmation of this Cost Report, or any portion thereof, said amount shall also constitute a special assessment and a lien against the above -referenced property. Sincerely, jca�e��_ e" Tommye ribbins Diamond Bar City Clerk Encs. CITY OF DIAMOND BAR ABATEMENT COST REPORT Property Address: 21224 Fibre Court, Diamond Bar, CA 91765 APN:8719-016-026 ABATEMENT CONTRACTOR Emerald Landscape Services Inc.: Labor for Weed & Debris Removal, and Landfill Disposal Fees. hi;Orn�', DBAR - Total: City of Diamond Bar City Hall 21810 Copley Drive Diamond Bar CA. 91765 909.839.7015 Fax: 909.861.3117 www.diamondbarCA.gov Rate: Total Hrs Total: NEIGHBORHOOD IMPROVEMENT OFFICER Inspections: Visiting location; taking photos; issuing courtesy notices;posting court documents; and abatement monitoring Paperwork: Letters to owner; correspondence with City Prosecutor; current file upkeep (both paper and CityView computer log entries) Court appearance: Abatement warrant and return Postage cost $ 72.70 $ 45.21 14.5 $ 655.55 PARKS AND MAINTENANCE SUPERINTENDENT Inspections: Initial inspection of property, abatement, follow up inspection Office time: Contacting multiple companies for abatement quotes $ 67.91 7 $ 475.37 COMMUNITY DEVELOPMENT DIRECTOR Review case file; communications with Neighborhood Improvement Officer and City Prosecutor; review and approve correspondence; attendance at City Council meeting $ 106.46 2 $ 212.92 COMMUNITY DEVELOPMENT INTERN Preparation of the Cost Report and Public Hearing Notice; Preparation of the City Council Report $ 14.26 8 $ 114.08 CITY CLERK Preparation of correspondence and certification of documents to be fled with the County to record the special assessment $ 74.58 2 $ 149.16 CITYPROSECUTOR Firm: Dapeer, Rosenblit & Litvak, LLP $ 3,527.11 TOTAL ABATEMENT COSTS: $ 61280.89 City of Diamond Bar City Hall 21810 Copley Drive Diamond Bar CA. 91765 909.839.7015 Fax: 909.861.3117 www.diamondbarCA.gov 05/16/2016 14:59 17146442275 :'— y Emerald 1041 N. KEMP STREET ANAHEIM, CA 92801 w PH: 714 e44-2200 ' Landscape 5ervkw. Inc. FX: 714844-2275 NAME/ADDRESS , CITY OF DIAMOND BAR 21810 COPLEY DRIVE ' DIAMOND BAR, CA 91765 ATTN: ANTHONY E JORDAN ATTACHMENT 3 EMERALD LNDSCPE SVCS PAGE 02/03 Estimate. BATE ESTIMATE 6116/i8 4286 PLEASE NOTE; ESTIMATES ARE VALID FOR 60 DAYS P.O. # IF NEEDED PROPERTY NAME 21810 EAST COPLEY DRIVE • DESCRIPTION QTY I COST ESTIMATE TOTAL COST TO DO A WEED ABATEMENT AT 21224 FIBRE +DUMP FEE 1 1 1,074.0011,074.00 a IS VALID FOR 60 DAYS FROM THEABOVE DATE, ELS INC. IS NOT DAMAGES BEYOND OUR CONTROL PLEASE CALL OUR OFFICE IF YOU i Lic k 754049 HEmergl,d CLCA Landscape Serv, nc. / 1041 N. Kemp Street, Anaheim, CA 92801 (714) 844-2200 • Fax (714) 844-2275 emeralciftsine.hiz www.emeraldlandscapesewices.com 2'he Bitternd5s of Poor Quality Lagers Long gfler the Sweetness Qf Low Cost is Forgotten Radio Dispatch for Prompt Service Please sign and fax back to 794 8442275 forschaduling ESTIMATE TOTAL $1,074,00 AUTHORIZED BY DATE: AUTHORIZED .. �i2/ti GP�2 � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L Steven H. Rosenblit, SBN 72435 Kenneth B. Dapeer, SBN 70575 Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064 Telephone: (310) 477-5575 Diamond Bar City Prosecutors U ATTACHMENT 4 LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE NUISANCE CONDITIONS ON REAL PROPERTY AT 21224 FIBRE CT., DIAMOND BAR, CA [APN 8719-016-0261 R5�/\:7:7\►I� NOTICE OF ISSUANCE OF ABATEMENT WARRANT DATE: JUNE 2Q16 TIME: 1%` 66' A/J DEPT.: TO; LARRY RHODES, A/K/A LAWRENCE RHODES [OWNER]: NOTICE IS HEREBY GIVEN that on June 2016, Judge.5'A4 6r,gPee- of the Los Angeles County Superior Court (Pomona Branch) issued an abatement warrant ordering the City of Diamond Bar ("City") to enter these premises in order to remove prohibited vegetation [to wit, weeds, and overgrown/dead/dying vegetation (which includes lawns, trees and bushes)] from the front, side and rear yards. ABATEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 l 22 23 24 25 26 27 28 n • s NOTICE IS HEREBY FURTHER GIVEN that the abatement warrant is sought for the purpose of protecting public health, safety and welfare. NOTICE IS HEREBY FURTHER GIVEN that the City will proceed with the execution of this warrant in the absence of you or your agents. NOTICE IS HEREBY FURTHER GIVEN that the Court has authorized the City, if necessary, to utilize forcible entry (by locksmith or other means) into enter side and rear yards if, after proper service of this Notice of Issuance of Abatement Warrant, you or your representatives are unwilling or otherwise are unable for any reason to provide access to said areas when the warrant is executed. NOTICE IS HEREBY FURTHER GIVEN that the warrant will be executed on June 2016, at approximately �O . Dated: June(J , 2016 enneth B. Dapeer Diamond Bar City Prosecutor NOTICE OF ISSUANCE OF ABATEMENT WARRANT 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Steven H. Rosenblit, SBN 72435 Kenneth B. Dapeer, SBN 70575 Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Blvd., Suite 550 Los Angeles, CA 90064 Telephone: (310) 477-5575 Diamond Bar City Prosecutors LOS ANGELES COUNTY SUPERIOR COURT EAST JUDICIAL DISTRICT / POMONA BRANCH IN THE MATTER OF THE APPLICATION OF THE CITY OF DIAMOND BAR FOR A WARRANT TO ABATE NUISANCE CONDITIONS ON REAL PROPERTY AT 21224 FIBRE CT., DIAMOND BAR, CA [APN 8719-016-026] WARRANT NO. RETURN ON ABATEMENT WARRANT DATE: June 16, 2016 TIME: 9:00 a.m. DEPT.: A I, the undersigned, make this Return to the within Abatement Warrant, and under its authority the city's contractor and city employees entered the premises described below on the 10th day of June, 2016 between 7 a.m. and 5:00 p.m. to undertake and complete an abatement action for the removal of prohibited vegetation [to wit, weeds, and overgrown/dead/dying vegetation (which includes lawns, trees and bushes)] from the front, side and rear yards. AUAJ MUII WflK"Nl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE OF NOTICE OF ISSUANCE OF ABATEMENT WARRANT: On June 9, 2016 at approximately 11:30 a.m., I served a Notice of Issuance of Abatement Warrant (hereafter "Notice") by priority express mail on Larry Rhodes, a/k/a Lawrence Rhodes, the property owner, at Post Office Box 2258, Walnut, CA 91788-2258. I also posted a copy of the Notice on the garage door of the residence on June 9, 2016 at 12:00 p.m. The Notice advised the owner that the warrant would be executed on June 10, 2016 at approximately 7:00 a.m. AREAS ENTERED ON PREMISES: The front yard, the 'side yard and the rear yard of real property located at 21224 Fibre Ct., Diamond Bar, CA. PERSONS PARTICIPATING IN EXECUTION OF THE WARRANT: Neighborhood Improvement Officer: Ed Flacks. Community Services Supervisor: Anthony Jordan. Contractor (City Agent): Emerald Landscaping. ACTIONS TAKEN: I entered the premises and tried to make contact with the property owner by knocking on the front door of the residence several times. No one responded. I concluded no persons were present. A left side gate was open, which dispensed with the need to use forcible entry into the side and rear yards. I then directed the contractor to proceed with this project. RETURN ON ABATEMENT WARRANT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I took ten photos of the premises once the abatement action was completed. True and correct copies of those photos are attached hereto. I declare under penalty of perjury that the foregoing is true and correct. Executed on June /�, 2016, in the County of Los Angeles, State of California. Ed Flacks Neighborhood Improvement Officer City of Diamond Bar RETURN APPROVED. Subscribed and sworn to me on this o day of J %C C- 2016. Judge of th peri r o t BUROGE Jr. RETURN ON ABATEMENT WARRANT 3 Nancy A. Lyons Mayor Jimmy Lin Mayor Pro Tem Carol Herrera Council Member Ruth M. Low Council Member Steve Tye Council Member ATTACHMENT 5 City ®f Diamond Bar 21810 Copley Drive - Diamond Bar, CA 91765-4178 (909) 839-7000 a Fax (909) 861-3117 www.DiamondBarCA.gov Via Certified Mail and First Class Mail NOTICE AND ORDER TO ABATE PUBLIC NUISANCE CONDITIONS Assessor Parcel No.: 8719-016-026 Common Address: 21224 Fibre Ct., Diamond Bar, CA 91789-3304 Legal Description: Lot 70 of Tract 33069 as per map recorded in Book 924, Pages 1-7 inclusive of Maps in the office of the county recorder of said county. owner(s) of Record: Lawrence Rhodes, a/k/a Larry Rhodes Section 1. Prohibited Nuisance Conditions. This Notice and Order to Abate Public Nuisance Conditions (hereinafter, the "NOTICE AND ORDER") is issued to Lawrence Rhodes a/k/a Larry. Rhodes pursuant to Section 22.34.070 (a)(2)(b) of the Diamond Bar Municipal .Cade ("DBMC"). The undersigned has determined that prohibited public nuisance conditions are present at the above -referenced premises as follows: Failure to Maintain Landscape in a Neat and Orderly Manner. (a) Weeds, as well as dead/dying vegetation (whether trees, shrubs, or other plant material), are present in the front, side and rear yards. (b) Vegetation is overgrown in the front, side and rear yards. These conditions violate Section 22.34.030 (d) of the DBMC. Notice and Order to Abate Public Nuisance Conditions Section 2. Prior Attempts to Obtain Voluntary Compliance. The issuance of this NOTICE AND ORDER is due to your failure to regularly maintain the premises in a lawful condition, despite the following prior City communications: • Administrative Citation to Owner dated 3/16/16. • Administrative Citation to Owner dated 10/15/15. • Administrative Citation to Owner dated 8/19/15. • Courtesy Notice to Owner to Correct Violation dated 5/2/15. • Letter to Owner and Occupant dated 4/21/15. • Courtesy Notice to Owner to Correct Violation dated 4/11/15. Section 3. Orders to Abate Public Nuisance Conditions. Landscape Maintenance. (a) You are ORDERED to remove all weeds, as well as all dead/dying vegetation from the front, side and rear yards and lawfully dispose of this plant material. You are ordered to complete this action by May 22, 2016. (b) You are ORDERED to trim all overgrown vegetation (whether trees, shrubs, or other plant material) in the front, side and rear yards and lawfully dispose of all cuttings. You are ordered to complete this action by May 22, 2016. (c) You are, effective immediately, ORDERED to care for all vegetation in the front, side and rear yards on an ongoing basis (i.e., weekly) so that healthy/neat/orderly plant material is present at all times, thereby preventing a recurrence of these prohibited public nuisance conditions. Under this proactive maintenance program, you are also ORDERED to inspect the front, side and rear yards at least once a week and remove all weeds and dead/dying vegetation (with lawful disposal); as well as trim all overgrown vegetation therein. These are Section 4. Consequences for Inaction or Incomplete Abatement Actions. Landscape Maintenance, (a) City or contract forces would, upon obtaining an abatement warrant from the Los Angeles Superior Court, enter the premises to: (i) remove all weeds, as well as all dead/dying vegetation from the front, side and rear yards; and,(ii) trim all overgrown vegetation (whether trees, shrubs, or other plant material) in the front, side and rear yards. Notice and Order to Abate Public Nuisance Conditions (b) Subsequent violations of the continuing order in Section 3 (c) may result in the City entering the premises on additional occasions with an abatement warrant to perform the corrective actions described in Section 3 above. (c) You are liable for the City's abatement costs, which will also be assessed against the subject property. Section 5. Right to Request a Hearing. (a) Any person having an interest in the subject real property may, pursuant to Section 22:34.070 (a)(2)(f) of the DBMC, request a hearing within ten (10) calendar days of the date of this NOTICE AND ORDER (which is the date of service) by filing a written request with the City Clerk's Office (Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, CA 91765-3117). Failure of the City Clerk to receive a timely written request shall constitute a waiver of your right to a hearing, in which case this NOTICE AND ORDER shall be final. In that event the City would proceed with the actions stated in Section 4. The request for a hearing should include the requestor's, name, address, telephone number, email address and reasons for the request. (b) If a timely request for a hearing is made, you will be sent a notice of the date, time and place for a hearing before the undersigned. The undersigned would issue a written notice of decision at the conclusion of the hearing. Section 6. Recordation. A copy of this NOTICE AND ORDER is, pursuant to Section 22.34.070 (a)(2)(g) of the DBMC, being sent to the Los Angeles County Recorder's Office for recordation. Section 7. Service. (a) This NOTICE AND ORDER is being served via certified mail (return receipt requested) and first class mail to Lawrence Rhodes, a/k/a Larry Rhodes, at the subject property and to additional locations as stated in Exhibit "A". A copy of NOTICE AND ORDER is also being posted at the subject property. (b) A dated/signed copy of this NOTICE AND ORDER shall constitute an original for all purposes. Section 8. Fees and Costs. Notice is hereby given that the City is electing to seek recovery of attorney fees it is incurring in connection with this administrative action, as well City staff costs. Those fees 3 Notice and Order to Abate Public Nuisance Conditions and costs are in addition to the costs, charges, expenses the City would incur if it completes the abatement actions that are set forth in Section 4 above. Sincerely, May 12, 2016 Greg Gubman, Community Development Director 4 Notice and Order to Abate Public Nuisance Conditions EXHIBIT "A" Lawrence Rhodes, a/k/a Larry Rhodes P.O. Box 2258 Walnut, CA 91788-2258 Lawrence Rhodes, a/k/a Larry Rhodes P.O. Box 1588 Susanville, CA 91630-1588 Lawrence Rhodes, a/k/a Larry Rhodes c/o Kenneth Wayne Bishop and Merryann Crowley Bishop (Possible Relatives) 418 Notre Dame Rd. Claremont, CA 91711-5138 Lawrence Rhodes, a/k/a Larry Rhodes c/o Annis Anita Bishop and Verdova Gerald Bishop (Possible Relatives) 2802 Muskogee St., Suite 206 Adelphi, MD 20783-1455 Lawrence Rhodes, a/k/a Larry Rhodes c/o Ida F. Bishop (Possible Relative) 20990 Morris Avenue Euclid, OH 44123-2918 5 Notice and Order to Abate Public Nuisance Conditions a'l 7/2 PIMPS k '• �';� �iwT Thy: ' 06/08/2016 ilmmm=l, • 1 Yf ` r� .b '. aAl- pie ddllrm— Y: �,� _ 1 7 y �':�`.. •iii' x "yA, I, \ } s, SS os�iorzois VA :eeIE•.� Mill p �'r�ii11111�9� .• �' `•111119 ": �. '•�^� ee= aaG1ee111111511111, ��\����\■111\�\\11 ����q��u F .r LIJAA � s, SS os�iorzois VA > T1IN+SiSs�" vM r MUMS LIi =� j ,x.'. , " s =� j ,x.'. " s , r' ` s 1�'1c�xiLiniti C� t � yt �S✓ qq i C1 n,M r- 71 P _" ATTACHMENT 7 Sec. 22.34.070. - Abatement procedures. (a) Public nuisance and nuisance per se. (1) The authority to abate and impose sanctions. Enforcement of this chapter shall be accomplished by the director in any manner authorized by law. The procedures identified in this chapter shall not be exclusive and shall not, in any manner, limit or restrict the city from enforcing other ordinances or abating public nuisances in any other manner provided by law. Whenever the director determines that any condition exists in violation of this chapter, the officer shall take appropriate enforcement action in compliance with this chapter. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law. (2) Written notice. Whenever the director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a nuisance exist, the director shall prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of property, to be notified in writing of the existence of the condition and/or require an appearance before the director at a stated time and place to show why the condition should not be abated by the city at the person's expense. The notice and order to abate the determined public nuisance shall contain the following information: a. The street address and a legal description sufficient for identification of the property on which the condition exists; b. A statement that the director has determined that a public nuisance is being maintained on the property with a brief description of the conditions which render the property a public nuisance; c. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions; d. A statement advising that the disposal of any material involved in public nuisances shall be conducted in a legal manner; e. A statement advising that if the required work is not commenced within the time specified, the director will proceed to cause the work to be done, and bill the persons named in the notice for the abatement costs and/or assess the costs against the property; f. A statement advising that a person having an interest or record title In the property may request consideration of the notice and order or any action of the enforcement within ten days from the date of service of the notice and order; and g. A statement advising that the notice and order will be recorded against the property in the office of the county recorder. (b) Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, to each person as required in compliance with subsection (a)(2) above at the address of the violation as it appears on the latest equalized assessment roll of the county, or as known to the director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice. The failure of the director to make or attempt service on a person required in this chapter to be served shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in compliance with this chapter, shall be effective on the date of mailing. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this chapter. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. Page 1 At the time the notice and order is served, the director shall file in the office of the county recorder a certificate legally describing the property and certifying that a public nuisance exists on the property and that the owner has been so notified. The director shall file a new certificate with the county recorder that the nuisance has been abated whenever the following actions occur: (1) Corrections ordered have been completed so that a public nuisance no longer exists on the subject property as described in the original certificate; (2) The notice and order is rescinded upon appeal; or (3) Whenever the city abates the nuisance and the abatement costs have been paid. (c) Extension of time to perform work. Upon receipt of a written request from any person required to comply with the order, the director may grant an extension of time within which to complete the abatement, if the director determines that an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director shall have the authority to place reasonable conditions on any extensions. (d) Hearing. The director may set a date, time and place to hear any relevant evidence concerning the existence of the alleged public nuisance and the question of whether the expense of abating the public nuisance, if determined to exist, should be made lien on the property. If, at the conclusion of the hearing, the director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the director shall advise the person in writing in the same manner as provided in subsection (b), above. The notice shall also inform the landowner of the right of appeal as provided in subsection (h), below. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the director shall be sufficient evidence of the existence of facts in support of the conclusion. (e) Request for reconsideration. Any person aggrieved by the action of the director in issuing a notice and order in compliance with this chapter may request a hearing before the council in compliance with subsection (h), below. If no appeal is filed within the time prescribed, the action of the director shall be final. (f) Council hearing. A request for a council hearing shall be made in compliance with the following provisions: (1) Hearing on director's decision. Any person entitled who is dissatisfied with a public nuisance determination of the director may request a hearing before the council within seven days from the date of mailing of the decision of the director. The written request shall be filed with the department. (2) Request for hearing. The request for a council hearing shall specify the following: a. The legal description and street address of the property; b. The determination that is the basis of the hearing request; c. The person's legal interest in the property; d. A statement of disputed and undisputed facts; and e. A signed verification of the truth of all stated matters. (3) Processing of requests for hearings. Requests for hearings shall be processed in the following manner: a. Upon the timely filing of a request for a hearing, the director shall place the matter on a regular meeting of the council scheduled to be held not less than 30 days after the appeal is received; b. The council may reverse or modify the decision of the director and/or remand the matter to the director for further consideration. If the council does not take any action reversing, modifying and/or remanding of the decision of the director within 30 days after the filing of Page 2 the request for a hearing, the director's action on the matter shall be final and conclusive. Notice of a final determination shall be sent in the same manner as after the director's determination. (g) Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed within the abatement period, the city shall immediately cause the same to be abated by city personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes. The owner of the premises shall be liable to the city for all costs of abatement, including all administrative and inspection costs. (h) Proceedings for abatement of imminently dangerous public nuisances. Whenever the director determines that a public nuisance is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted: (1) Personal interview. The director shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired or isolated to preclude harm to any person or property; (2) Removal of the dangerous condition(s). In the event the director is unable to make contact, or if the appropriate persons, after notification by the director, do not take action as specified by the officer, within the time frame requested, then the director may, with the approval of the city manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of city personnel or a contractor retained in compliance with the provisions of the Municipal Code; and (3) Account of the costs. The director shall keep an itemized account of the costs incurred by the city in removing or isolating the condition(s). These costs may be recovered in the same manner that abatement costs are recovered, in compliance with this chapter. (i) Costs of inspection. Whenever a public nuisance as defined in this chapter is found to exist as a result of the inspection, the reasonable costs for the inspection, as set by the council's fee resolution, shall be paid by the landowner. Q) Assessment of costs against real property. The following provisions shall apply: (1) Cost assessment. The director, personnel or persons who abate the nuisance shall keep an account of the cost of abatement. The personnel or persons shall submit an itemized written report showing the costs to the director for transmittal to the council. (2) Hearing on assessment. The city clerk shall set the report and account for hearing by the council at the first regular meeting which will be held at least seven days after the date of filing, and shall post a copy of the report and account and notice of the date, time and place of the hearing in a conspicuous place. The owner who is affected by the report and account shall be served a notice containing the date, time and place of the hearing. (3) Tax lien. The council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the report and account. The council may modify the report if it is deemed necessary, and shall then confirm the report by motion or resolution. In compliance with state. law (Government Code §§ 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel. (4) Cost report. After confirmation of the report, a certified copy shall be filed with the county auditor on or before August 10th of each year and the auditor shall be requested to enter the amounts of the respective assessments on the county tax roll. (5) Special assessment. The special assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same Page 3 penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes. (6) Refunds. The council may order refunded all or part of an assessment paid in compliance with this chapter, if it finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the city clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor or guardian. (k) Enforcement. Enforcement of the provisions of this chapter shall be in compliance with chapter 22.78 (Enforcement). (Ord, No. 02(1998), § 2, 11-3-98) Page 4 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO. FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: i r ', ij-sPr1 Ir DATE: 1f1 e 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. 5 f it 1 7 Signature' This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK\ FROM: lly'yyxi�?e- �—VeL/4 ✓v-03 DATE: `P / ADDRESS: PH0NE:�)� C) 2e (Optional) t (Optional) ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: 'VOLUNTARY REQUES TO ADDRESS THE E E UTY COUNC11L CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: f s e -la DATE: Lop/ PHONE:f (Optional) (Optional) ae-slp r I expect to address the Council on the subject agenda/subject item. Ple s'& k6 e the Council Minutes reflect my name and address as written above. 17 This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK ADDRESS: ORGANIZATION: r F;A kic DATE: _ 2-109L0 lj-h4 G rsh rte . � i . Pie'o�v�rq 63,ar , 0)- j/7/l_._ PHONE: (Optional) AGENDA#/SUBJECT: / V'fe iw, 7 rs VoEiGid" kl-'� W2);13-_1 IP-, (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. J Signature This document is a public record subject to disclosure under the Public Records Act.