HomeMy WebLinkAbout011519 Agenda - Regular MeetingCity of
Diamond Bar
City Council Agenda
Tuesday, January 15, 2019
Closed Session - 5:30 p.m., Room CC -8
Regular Meeting - 6:30 p.m.
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
CAROL HERRERA STEVE TYE
Mayor Mayor Pro -Tem
ANDREW CHOU RUTH M. LOW NANCY A. LYONS
Council Member Council Member Council Member
City Manager Dan Fox • 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.diamondbarca.gov
Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond ear uses recycled
paper and encourages you to do the same.
DIkIIOND BAR
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 Spectrum Cable Channel 3 and Frontier 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, Spectrum Cable Channel 3,
Frontier ROS television Channel 47 and on the City's website at www.diamondbarca.gov. 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
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HELPFUL PHONE NUMBERS
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Computer access to agendas: www.diamondbarca.
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THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON
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AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION
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ON THE CITY'S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 15, 2019
Next Resolution No. 2019-01
Next Ordinance No. 01 (2019)
CLOSED SESSION: 5:30 p.m., Room CC -8
Closed Session Pursuant to Government Code Section
54956.9(d)(1)
Conference with legal counsel — existing litigation
City of Diamond Bar v. City of Industry, et al Los Angeles Superior
Court Case No. BS 173224.
City of Diamond Bar v. City of Industry, et al Los Angeles Superior
Court Case No. BS 171295.
City of Diamond Bar v. Oversight Board of the Successor Agency to
the Industry Urban -Development Agency, et al, Sacramento
Superior Court Case No. 34-2017-8000027 17-CY-WM-GDS.
Closed Session Pursuant to Government Code Section
54956.9(d)(2)
Conference with legal counsel — anticipated litigation (one case).
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
JANUARY 15, 2019 PAGE 2
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
To be Announced.
Chou, Lyons, Low, Mayor Pro Tem
Tye, Mayor Herrera
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Holiday Inn Select as Business of the month for
January, 2019.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or matters of interest to the public that are not
already scheduled for consideration on this agenda. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the 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 COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — January 22, 2019 — 6:30 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — January 24, 2019 — 6:30
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — February 5, 2019 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
JANUARY 15, 2019 PAGE 3
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2018.
6.1.a Meeting of December 18, 2018.
Recommended Action: Approve.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES OF OCTOBER 9, 2018.
Recommended Action: Receive and file.
Requested by: Community Development Department
6.3 RATIFICATION OF CHECK REGISTER DATED DECEMBER 13, 2018
THROUGH JANUARY 9, 2019 TOTALING $2,926,032.11.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 TREASURER'S STATEMENT FOR NOVEMBER 2018.
Recommended Action: Approve.
Requested by: Finance Department
6.5 AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL
CODE RELATED TO STREET VENDING.
Recommended Action: Approve for second reading by title only, waive full
reading, and adopt Ordinance No. XX(2019) — AN ORDINANCE OF THE
CITY OF DIAMOND BAR, CALIFORNIA, AMENDING THE PROVISIONS
OF THE DIAMOND BAR MUNICIPAL CODE RELATED TO STREET
VENDING.
Requested by: City Manager
6.6 CONSULTING SERVICES AGREEMENT WITH INTEGRATED
CONSULTING GROUP, INC FOR SUNSET CROSSING PARK AND
HERITAGE PARK CONCEPTUAL DESIGN SERVICES.
Recommended Action: Approve, and authorize the Mayor to sign, a
Consulting Services Agreement with Integrated Consulting Group, Inc.
(ICG) for $123,570 with a contingency amount of $12,357 for contract
change orders to be approved by the City Manager, for a total
authorization amount not to exceed $135,927.
JANUARY 15, 2019 PAGE 4
Requested by: Parks & Recreation Department
6.7 APPROVAL OF THE DESIGN AND PLANS, AWARD OF
CONSTRUCTION AGREEMENT TO CEM CONSTRUCTION
CORPORATION, APPROVAL OF FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT WITH IMEG CORPORATION
FOR THE SYCAMORE CANYON PARK SLOPE EROSION AND TRAIL
REPAIR PROJECT, APPROPRIATE GENERAL FUND RESERVES, AND
TRANSFER OF PROP A EXCHANGE FUNDS TO THE GENERAL
FUND.
Recommended Action:
(a) Adopt Resolution No. 2019 -XX approving the design and plans,
and establishing a project payment account, for the Sycamore Canyon
Park Slope Erosion and Trail Repair Project;
(b) Approve, and authorize the Mayor to sign, a Construction
Agreement with CEM Construction Corporation in the amount of
$999,140, plus a contingency amount of $100,000 for Contract Change
Orders to be approved by the City Manager, for a total authorized amount
of $1,099,140;
(c) Approve, and authorize the Mayor to sign, the First Amendment to
the Consultant Service Agreement for construction management and
inspection services with IMEG Corporation in the amount of $67,230, for a
total contract authorization amount of $178,630;
(d) Appropriate $188,701 of General Fund Reserves to fully fund the
Sycamore Canyon Park Slope Erosion and Trail Repair Project; and
(e) Approve a Budget Transfer of Prop A Exchange Funds to the
General Fund in the amount of $436,217.
Requested by: Public Works Department
7. PUBLIC HEARINGS: NONE.
ZIAfW016]06911]4ZT-Ad[9]01to
8.1 APPOINTMENTS TO THE PLANNING COMMISSION, PARKS AND
RECREATION COMMISSION, TRAFFIC AND TRANSPORTATION
COMMISSION AND GENERAL PLAN ADVISORY COMMITTEE TO FILL
THE UNEXPIRED TERMS.
JANUARY 15, 2019 PAGE 5
Recommended Action:
(a) Ratify the appointment of Aaron Salo to the Parks and Recreation
Commission by Council Member Lyons; and,
(b) Ratify the appointment of William Rawlings to the Planning
Commission; Allen Wilson to the Parks and Recreation Commission;
John Hoff ner to the Traffic and Transportation Commission; and, Gary
Busteed, Lee Paulson, and Andrew Wong to the General Plan Advisory
Committee by Council Member Chou.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
6.1
Agenda #: 6.1
Meeting Date: January 15, 2019
CITY COUNCIL `` AGENDA REPORT
�. UJ2P(iRi
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2018.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve.
PREPARED BY:
Tommye Crins, City Clerk 1115/2019
Attachments:
1. 6.1.a Meeting of December 18, 2018.
Packet Pg. 8
6.1.a
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 18, 2018
CLOSED SESSION:
Public Comments:
5:30 p.m., Room CC -8
None
Closed Session Pursuant to Government Code Section 54956.9(d)(1)
Conference with legal counsel — existing litigation
City of Diamond Bar v. City of Industry, et al
Los Angeles Superior Court Case No. BS173224
City of Diamond Bar v. City of Industry, et al
Los Angeles Superior Court Case No. BS171295
City of Diamond Bar v. Oversight Board of the Successor Agency
To the Industry Urban -Development Agency, et al,
Sacramento superior Court Case No. 34-2017-8000027 17-CY-WMGDS
Closed Session Pursuant to Government Code Section 54956.9(d)(2)
Conference with legal counsel — anticipated litigation (one case)
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting 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/Fox stated that there were no reportable actions from this evening's Closed
Session.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Diana Navar, Associate Pastor, Diamond Canyon
Christian Church, provided the Invocation.
ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem
Tye, and Mayor Herrera
Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager;
David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works
Director; Greg Gubman, Community Development Director; Ryan Wright, Parks and
Recreation Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human
Resources/Risk Manager; Marsha Roa, Public Information Manager; and, Tommye
Cribbins, City Clerk.
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6.1.a
DECEMBER 18, 2018
PAGE 2
APPROVAL OF AGENDA: As Presented.
1.
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3
4.
5.
CITY COUNCIL
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Herrera, City Council Members, Jody Roberto, Diamond Bar
Community Foundation, Cameron Griffin with State Senator Ling Ling
Chang, Paulette Maskarino with Assemblyman Phillip Chen and Lauren
Yokomizo representing Supervisor Janice Hahn's office also provided
Certificates and prizes to the winners of the 2018 Through My Lens
Contest.
NINvaLy, /_10r_lw4:4:74161:A&IF-11►1401B7_A 11191LI&'N■01597TM
PUBLIC COMMENTS:
Jody Roberto, speaking on behalf of the Pacific Crest Drum & Bugle Corps
invited everyone to attend a free show at Diamond Bar High School on
December 28th at 8:00 p.m. featuring the Pacific Crest Band who will be
performing in the Rose Parade.
Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events
during the months of December 2018 and January 2019. On behalf of the
library, she wished everyone a Happy Holiday season.
Douglas Barcon spoke on Agenda Item 7.1b ADA curb ramps in Area 1
expressing his concerns about the installation of curb ramps at the intersections
of Red Cloud Drive, North Rock River Drive and Gunsmoke Drive at North Rock
River Drive due to the potential of damage from rainwater flowing up the ramps
and down the sidewalks on the south side of North Rock River Drive as it runs
downhill toward Prospectors Road.
RESPONSE TO PUBLIC COMMENTS:
CM/Fox recommended deferring a response to Mr. Barcon's comments to
Agenda Item 7.1.
SCHEDULE OF FUTURE EVENTS:
5.1 Diamond Bar Holiday Ride - continues through January 2, 2019. Riders
can schedule a free trip inside the City for restaurants and shopping.
5.2 Parks and Recreation Commission Meeting - December 20, 2018 - 6:30
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 Christmas Holiday - December 24 and December 25, 2018 - City Offices
closed in observance of the Christmas Holiday. City offices reopen on
Wednesday, December 26, 2018 at 7:30 a.m.
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6.1.a
DECEMBER 18, 2018
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CITY COUNCIL
5.4 New Year's Holiday — January 1, 2019 — City Offices closed on Tuesday,
January 1, 2019 in observance of the New Year's Holiday and reopen on
Wednesday, January 2, 2019 at 7:30 a.m.
5.5 City Council Meeting — January 1, 2019 (canceled).
5.6 Planning Commission Meeting — January 8, 2019 — 6:30 p.m., Windmill
Community Room, 21810 Copley Drive (canceled).
5.7 Traffic and Transportation Commission Meeting — January 10, 2019 — 6:30
p.m., Windmill Community Room, 21810 Copley Drive.
5.8 City Council Meeting — January 15, 2019 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR: C/Lyons moved, C/Low seconded, to approve
the Consent Calendar. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MEETING MINUTES:
6.1 a Regular Meeting Minutes of December 4, 2018 as approved.
6.2 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 29, 2018
THROUGH DECEMBER 12, 2018 TOTALING $2,225,651.21.
6.3 APPROVED NOTICE OF COMPLETION FOR THE COPLEY DRIVE AND
GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL AND INTERSECTION
MODIFICATION PROJECT.
6.4 ADOPTED RESOLUTION 2018-42 AMENDING THE COMPENSATION
PLAN FOR PARTTIME CLASSIFICATIONS OF EMPLOYMENT
EFFECTIVE DECEMBER 22, 2018.
6.5 APPROVED ADDITIONAL EXPENDITURES FOR SPECIAL LEGAL
SERVICES IN THE AMOUNT NOT -TO -EXCEED $250,000 FOR
CONTINUED SPECIAL LEGAL SERVICES PROVIDED BY SHEPPARD,
MULLIN, RICHTER & HAMPTON, LLP.
6.6 RATIFIED THE MAYOR'S APPOINTMENTS AND ADOPTED
RESOLUTION NO. 2018-43 CONFIRMING APPOINTMENTS TO THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS.
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6.1.a
DECEMBER 18, 2018 PAGE 4 CITY COUNCIL
7. PUBLIC HEARINGS:
7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2019/2020.
CDD/Gubman presented staff's report on the CDBG proposed budget for
Fiscal Year 2019//2020. Funds may be used for a variety of activities
such as, Public Services, ADA Retrofit Improvements for Parks, Public
Works Projects, and Home Improvement Programs and must benefit low
and moderate income persons or presumed eligible persons such as the
elderly and disabled.
CDD/Gubman provided information on requirements prior to the approval
of the programs and budget and presented recommendations for funding
based on the proposals submitted and the estimated availability in funds.
The City of Diamond Bar's preliminary allocation for the upcoming fiscal
year is $216,636.00. In addition to the annual allocation, the City will have
$58,688.00 from the accumulated balance of unexpended CDBG funds to
use for the Fiscal Year 2019/2020 program. The total of these two
sources is $275,324.00.
For the new funding allocation of $216,636.00, 15 percent must be used to
fund Public Service programs; 85 percent must be used to fund
construction such as Public Works projects.
With respect to the Public Services component of the budget, the City
received one consolidated application to support Diamond Bar's Senior
Programs. No other competing applications were received. It is
recommended that the entire allocation of $32,495.00 be budgeted for
Senior Programming.
For the Public Works and Housing Programs, the remaining 85 percent of
the estimated new allocation must be applied toward public improvements
and other eligible rehabilitation projects. As stated, $58,688.00 in rollover
funds is restricted to Public Works projects. Staff recommends that
$160,000 be allocated for the Area 1 Residential Neighborhood ADA Curb
Ramps Improvements Projects and $82,829 be allocated for the Home
Improvement Program.
The Home Improvement Program provides deferred loans to eligible low
and moderate income homeowners for necessary home improvements as
well as, repairs to mitigate Building and Safety Code deficiencies and/or
violations. The proposed allocation includes Program Administration funds
for the HIP Consultant and in the current and prior fiscal years the City
Council historically approved $100,000 in funding. However, it has been a
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6.1.a
DECEMBER 18, 2018 PAGE 5 CITY COUNCIL
challenge to secure applicants that qualify for the program and the most
the City has been able to disburse in a single year recently, including
administration costs, has been less than $75,000. Since the unspent
funds must then be rolled over into unallocated funds for the following
year, staff believes that for the upcoming budget it would be more
appropriate to reduce the HIP funding level so that it more closely aligns
with likely spending levels.
To recap, the CDBG Budget for Fiscal Year 2019/2020 table breaks down
the Public Services budget and as stated, it would be entirely earmarked
for the Senior Programs; the Public Works and Housing allocation would
be $160,000 would be fully funded; and, the balance of $82,829 (monies
available) would be budgeted for the Home Improvement Program, for a
total budget estimate of $275,324.00.
PWD/Liu said that for Area 1 approximately 48 new ADA ramp compliant
locations are proposed and staff is very much aware of the potential
drainage issues due to the topography of the City with respect to some of
the neighborhood streets, especially in the northern part of the City.
Throughout the development history of the City, drainage diverters are
seen within some parkway areas to direct water away from private
property on steep streets. The area specifically brought to Council's
attention this evening in the area of Gunsmoke and Redcloud, each
location will be studied as part of the design effort. Staff will look at the
drainage pattern to make sure that as part of the design, those parkway
drainage diverters will be installed as part of this project. Staff will work
with property owners and residents to make sure the solution alleviates or
mitigates those drainage concerns expressed to the Council this evening.
MPT/Tye said he was encouraged that the City did not have a lot of takers
on the Home Improvement Program; however, if the budget adjustment is
reduced and there are five or six applicants applying for the $20,000,
would that mean those additional applicants would have to wait until the
following year or could those additional requests be funded in another
matter.
CDD/Gubman said the Council could do a budget adjustment if the City
were fortunate enough to be able to approve applications past the initial
screening process or after initiating the application residents were to
elect to continue.
C/Lyons asked what the maximum allowed income was for the Home
Improvement loan.
CDD/Gubman said it would be 80 percent of the median income for Los
Angeles County which is at this time, approximately $61,500.
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DECEMBER 18, 2018 PAGE 6 CITY COUNCIL
C/Lyons felt there were many seniors whose income would fall below that
$61,500 mark and it seems Diamond Bar should have a lot more
applicants and asked why there are not more applicants.
CDD/Gubman said that staff received 10 applications during the current
fiscal year and of those, five did not meet the income limitations or their
properties were over encumbered with liens so that they were not qualified
for the program. Staff makes an effort to promote the Home Improvement
Program through interactions with the public and the Code Enforcement
Officers carry brochures promoting the program as well so that if staff
observes that the homeowner is potentially in need of funding to bring
their property into compliance, the program is promoted.
C/Lyons asked if the application was too onerous for some applicants.
CDD/Gubman responded that it is similar in many respects to doing a
refinance of the property and can become somewhat daunting for some
folks or they do not realize until they get underway that it is not a grant and
although it is interest-free and payment -free it will be paid at the time of
the sale or refinance of their property.
C/Lyons asked if the YMCA had applied for funds in the past.
CDD/Gubman explained that the YMCA had been a recipient of CDBG
monies in the past and it has been about four year since they elected to
participate in the program. Their main reason for choosing to discontinue
participating is that the documentation and income verification for
participants was more work than they felt it was worth for a $10,000 grant.
C/Chou asked how these deferred interest loans are paid back or do
recipients pay it back.
CDD/Gubman explained that the loan would become due upon the sale or
refinancing of their property.
C/Low asked if this total was part of the CIP budget that was approved
earlier this year for the upcoming year.
CDD/Gubman explained that this would be part of the budget for Fiscal
2019/2020, the budget year that commences July 1, 2019.
C/Low asked if the amount the City expects to receive has been
consistent in the past five to 10 years or has it fluctuated?
CDD/Gubman said that the City has seen in most years it becoming a bit
less than the prior year. The guideline from CDC is to use what the
allocation for the City is for the current year to estimate future obligations.
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DECEMBER 18, 2018
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CITY COUNCIL
C/Low asked if the 85 percent of the funds which would be used for
removing barriers and construction improvements could be used for any of
the work for Sycamore Canyon Park.
CDD/Gubman explained that these funds could not be used for work in
Sycamore Canyon Park. It would only be if there were architectural and
material barriers for accessibility within the park that this project would
remedy. In addition, it would mean that the entire project would be under
review of CDC to ensure the City was not using the money to do any types
of new improvements or repairs of something that needed to be replaced.
It would be very difficult to find a way to use funding to apply toward that
type of situation. The CDC is very stringent in ensuring that the funds are
used only where there are existing deficiencies in providing access for the
disabled or elderly.
C/Low said she noticed on the map where ramp improvements were to be
made in Area 1 but recalled that roadway improvements were being done
in Area 7 in Fiscal Year 2019/2020 and asked why ramp improvements
would not be done in that area instead of Area 1 or are the needs greater
in Area 1.
CDD/Gubman said it was more of timing issue. Staff is finishing with Area
6 and is ready to move forward with Area 7 fairly soon which will already
be underway when this item is included in the budget given that the
current year's budget monies have been used for Area 6 making it more
prudent to leapfrog to Area 1 on the ADA Improvements so that in the
subsequent years staff can follow up with resurfacing improvements on
the roadway.
M/Herrera opened the Public Hearing at 7:26 p.m.
With no one wishing to speak on this item, M/Herrera closed the Public
Hearing at 7:27 p.m.
MPT/Tye moved, C/Low seconded, to adopt Resolution 2018-44
approving the CDBG funding allocations for fiscal year 2019-2020. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1.a
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DECEMBER 18, 2018 PAGE 8 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL
CODE RELATED TO STREET VENDING.
ACM/McLean presented staff's report stating that this item is the first
reading of an Ordinance that amends provisions to the Code related to
Street Vending, which is in response to Senate Bill 946, the Safe Sidewalk
Vending Act signed into law by the Governor in September and becomes
effective on January 1, 2019. Essentially, SB946 prohibits cities from
regulating street vending of all types unless there is a licensing system in
place or the city has adopted a Code that is in substantial compliance with
the terms of S13946. Cities may no longer ban or prevent street vendors
from operating on public sidewalks or pedestrian paths unless that ban is
directly related to health, safety and welfare concerns.
Within the Ordinance before the City Council this evening, the amended
provisions include the following: 1) Ensuring that all wares sold by street
vendors related to food meet established safety standards; 2) Ensure the
peace and safety of the residential neighborhoods during non -business
hours and ensure those who live in those neighborhoods have
uninterrupted family time, recreation, sleep and easy commutes to school
and work, free of interference; 3) Street vendors are prohibited in all
residential zones between the hours of 8 p.m. and 9 a.m. Street vendors
may not operate on public property except for sidewalks and paved or
decomposed granite trails to ensure that there is a safe path of travel for
pedestrians, bicyclists, those with disabilities and any other individuals on
those paths of travel; 4) Street vendors may not operate on private
property unless granted express permission by the property owner; 5)
Street vendors are prohibited from operating in a City park during times
when the City is hosting a special event such as, the Winter Snowfest, 41"
of July or the City Birthday, or if the City has issued a Special Events
Permit for a special event in one of those facilities; and, 6) Violators are
subject to administrative penalties that are set forth in the State
Government Code matching those related to SB946.
MPT/Tye asked who will ensure that all wares and food meet established
safety standards.
ACM/McLean responded that the street vendor would have to secure the
proper health permits to sell food from the LA County Department of
Health, similar to how the City would work with vendors at a special event.
MPT/Tye asked in what form the vendor would have to have express
permission to be situated on private property. This has not been well
thought out and it will fall to the City and is ultimately unenforceable.
Packet Pg. 16
6.1.a
DECEMBER 18, 2018 PAGE 9 CITY COUNCIL
ACM/McLean said that with this Ordinance should a situation arises
wherein a street vendor is in violation of the provisions of the City's Code,
the City has recourse.
C/Low asked that for the Second Reading staff provide a copy of the
entire Code with the redlined new provisions.
C/Lyons asked if the street vendors would be getting health permits similar
to those provided to restaurants that indicate a grade (Grade A, B, C).
ACM/McLean explained that there is a Mobile Food Cart Health Permit the
County provides and he is not aware whether they are graded.
C/Lyons asked how the City would get sales tax on goods sold.
CA/DeBerry said that if the vendor is selling goods in the City they would
be required to collect and report sales tax like any other business.
Whether that actually happened and how the City would go about tracking
their failure to do so, he is not sure.
C/Lyons surmised that a food vendor who regularly sets up in the City
could probably be tracked. If she understands this correctly, even though
the City does not like this idea it is better that the Council pass something
to provide rules around what might take place in the City.
ACM/McLean agreed with C/Lyons assumption.
CA/DeBerry said that if what the City has does not defensibly conform to
State Law, the City cannot enforce what it has which is why this is being
done.
C/Lyons said that the City should be able to collect sales tax if anyone
actually starts selling food.
CA/DeBerry said there would be no exception that he is aware of. If the
transaction occurs in the City of Diamond Bar, the vendor would be
responsible for collecting the sales tax and remitting that to the City just
like any other vendor would be.
C/Lyons asked if the vendor was obligated to fill out paperwork with the
City in addition to the County.
ACM/McLean responded that the vendor would need a "Business License"
from the City to do business in the City.
C/Lyons asked if there was something in the paperwork that obligated the
Packet Pg. 17
6.1.a
DECEMBER 18, 2018
N
PAGE 10
vendor to provide sales tax revenue.
CITY COUNCIL
ACM/McLean said he did not believe there was anything in the Business
License that says that because the Board of Equalization would be
collecting the sales tax.
C/Lyons recommended that language be added to the application or to the
Business License itself as a reminder to the vendors of their obligation to
collect and pay those sales tax dollars to the Board of Equalization
because Diamond Bar was entitled to its share of those tax dollars for
allowing the vendors to do business in Diamond Bar.
C/Chou asked if either SB946 or the City's Ordinance dictate whether or
not the vendors have to be moving or whether they can remain stationery
in a specific location.
ACM/McLean responded that the vendor does not have to be moving but
they cannot block the path of travel.
M/Herrera asked if anyone in the public wished to comment on this item.
With no one indicating a desire to speak on this item, M/Herrera asked for
Council action.
C/Low moved, C/Lyons seconded to introduce for first reading by title only,
waive full reading and schedule the second reading and adoption at the
next regularly scheduled City Council meeting. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou said he had the pleasure of attending the Snowfest, which was very well
done. He thanked staff for their hard work in providing this event.
C/Low attended the Holiday Event for the Diamond Bar Volunteer Patrol
thanked the men and women of the Volunteer Patrol who do excellent work for
the City throughout the year. She thanked staff for their excellent customer
service and work over the past year, numerous projects and other
accomplishment they have completed on time and under budget. She thanked
Captain Reyes and his staff for the excellent law enforcement assistance through
Packet Pg. 18
DECEMBER 18, 2018 PAGE 11 CITY COUNCIL
the year and wish everyone Happy Holidays and New Year.
C/Lyons thanked staff for the wonderful Snowfest. Holding the event in
December rather than January allowed for those extra special holiday activities to
be included and she thanked staff for their foresight in planning this year's event.
C/Lyons said that wherever she goes Tres Hermanos is the number one thing
she is asked about. Many have read in the paper recently that the City of
Commerce is now making a play to gain control of Tres Hermanos. She
reassured everyone that the entire Council and staff is paying very close
attention. Last week she along with Mayor Herrera and CM/Fox testified about
the need for local control of Tres Hermanos and everyone can be assured that
the City will not rest until this happens. She wished everyone a Merry Christmas,
Happy Holidays and a Happy, Healthy and Prosperous New Year!
MPT/Tye reported that he joined CM/Fox, M/Herrera and C/Lyons in saying
goodbye to Congressman Ed Royce last evening. The City Council appreciates
his efforts on behalf of the residents he served and wishes him Godspeed as he
heads into retirement. MPT/Tye congratulated Alejandro Contreras, the Grand
Finale Winner of this year's Through My Lens contest from among 90 entrants.
A special thanks to the Diamond Bar Community Foundation for co -sponsoring
the photo contest and providing the monetary prizes to the winners. He wished
everyone a Merry Christmas and a very safe and Happy New Year.
M/Herrera said she is the City's representative on Foothill Transit. Recently,
there was a Governing Board meeting during which Foothill Transit celebrated its
30th Anniversary. Foothill Transit also had a five-hour strategic planning meeting
this morning to talk about how, as they move forward to electrify their fleet of 380
buses in 2030. M/Herrera wished everyone a Merry Christmas and Happy
Holidays and a very safe and Happy New Year.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 7:45 p.m. to January 15, 2019.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2019.
CAROL HERRERA, MAYOR
6.1.a
Packet Pg. 19
s.2
Agenda #: 6.2
Meeting Date: January 15, 2019
CITY COUNCIL `` AGENDA REPORT
�. UJ2P(iRi
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PLANNING COMMISSION MINUTES OF OCTOBER 9, 2018.
C7xd01Ly, ILy, l=1zIBl_AI[a]►A
Receive and file.
U:74:7_1:741] :y1q
S e la Marquez, d nis ati e C ordinator 1/15/2019
Attachments:
1. 6.2.a Planning Commission - October 9, 2018
Packet Pg. 20
6.2.a
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
OCTOBER 9, 2018
CALL TO ORDER:
Chair/Mok called the meeting to order at 6:30 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Farago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Jennifer "Fred" Mahlke,
Raymond Wolfe, Vice Chairperson Naila Barlas, and
Chairperson Kenneth Mok
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner, Mayuko (May) Nakajima,
Associate Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL1 OF AGENDA: As Presented
4. CONSENT CALENDAR;
4.1 Minutes of the Regular Meetil August 28, 2018:
C/Wolfe moved, C/Mahlke seconded, to approve Consent Calendar Item 4.1
as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
7. PUBLIC HEARING(S):
Farago, Mahlke, Wolfe, VC/Barlas,
Chair/Mok
None
None
7.1 Conditional Use Permit No. PL2018-32 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the property owner and applicant
Packet Pg. 21
6.2.0
OCTOBER 9, 2018
PAGE 2
PLANNING COMMISSION
requested a Conditional Use. Permit to relocate an existing tutoring center to a
4,818 square foot space within a 70,757 square foot multi -tenant commercial
center. In addition, a Parking Permit was requested for the reduction in the
required number of parking spaces. The subject property is zoned Community
Commercial (C-2) with an underlying General Plan land use designation of
Professional Office (OP).
PROJECT. ADDRESS:
C s - •Z►►TIi•I l0
2040 Brea Canyon Road #220 & #230
Diamond Bar, CA 91789
Plaza Diamond Bar Partners LLC
11150 W. Olympic Boulevard #1099
Los Angeles, CA 90064
APPLICANT: Denny Lo
3211A S. Brea Canyon Road
Diamond Bar, CA 91789
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Conditional Use Permit No. PL2018-32, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
Resolution.
ClMahlke asked if there was a place for parents to sit in a waiting room in the
building during sessions. AP/Espinoza said it was her understanding from the
business owner that students are usually dropped off and picked up and
parents do not usually wait for them. However, the business owner may have
additional information to address this question.
ClMahlke asked if there was an earlier pickup than 6:00 pm for the 3 to 6 pm
classes and APIEspinoza responded that the after-school program breakdown
is as follows: Between 3:00 pm and 4:30 pm, teachers help students with
homework and test preparation, and between. 4:30 pm and 6:00 pm teachers
provide English and math lessons for those same students. While most
students remain for the entire 3 -hour session, some students are picked up at
4:30 pm and the remainder are picked up at 6:00 pm.
Chair/Mok asked if the 40 spaces on the east side of the property that are
underutilized are the 40 spaces between the property line and the SR57 at the
rear of the building. AP/Espinoza responded yes and pointed out the location
using the overhead map.
Packet Pg. 22
6.2.a
OCTOBER 9, 2018
PAGE 3 PLANNING COMMISSION
ChairlMok asked if there was a second entrance to the one on the east side
and AP/Espinoza responded that the students enter through the' east side
entrance which is the only entry and walls up the stairs to get to the classrooms.
Chair/Mok opened the public hearing.
Denny Lo, applicant, said she has been in business in Diamond Bar and
Walnut for 11 years. The reason for moving is to expand the business to help
more students.
C/Mahlke asked the applicant if there was a place for parents to sit and wait
for their kids. Ms. Lo said there were four to five chairs if someone wished to
wait for a short period of time. Most parents drop off their kids before class
and pick them up after the last session at 6:00 p.m. If parents arrive early,
they may sit and wait for five or 10 minutes for the last session to end.
Chair/Mok asked how extensive the remodeling would be moving from one to
two suites. Ms. Lo .said there are room partitions in both spaces and she hopes
to minimize remodeling as much as possible by using the rooms that currently
exist. It may take a couple of months to complete the renovations.
Chair/Mok closed the Public Hearing.
C/Farago moved, CNVolfe seconded, to approve Conditional Use Permit
No. PL2018-32, 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: Farago, Mahlke, Wolfe, VCIBarlas,
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. PL2018-118 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant and property owners requested
Development Review approval to construct a 1,379 square foot two-story
addition to an existing 1,822 square foot, single -story residence on a
7,043 gross square foot lot. The subject property is zoned Low Density
Residential (RLM) with an underlying General Plan land use designation of
Low Density Residential.
PROJECT ADDRESS: 1563 Autumn Hill Road
Diamond Bar, CA 91766
Packet Pg. 23
6.2.a
OCTOBER 9, 2018
PROPERTY OWNER:
PAGE 4
PLANNING COMMISSION
Yi Min Zhao and Ling Shi
1563 Autumn Hill Road
Diamond Bar, CA 91765
APPLICANT: Jeremy Yeh
721 Brea. Canyon Road #3
Diamond Bar, CA 91789
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review No. PL2018-118, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
Chair/Mok opened the public hearing.
Jeremy. Yeh, designer and representative for the owner, spoke about the
project and said he consulted with his structural engineer on the design. The
owner has many antiques and intends to remain in the home during
construction. His structural engineer told him that a two-story structure would
minimize the impact to the inside of the house by working on the outside and
to do that, they would have to meet the lowest setback. requirement possible
to support the underpinnings on the perimeter wall (i.e., increase the load-
bearing capacity of the first story wall in order to line up the second story wall
with the first story wall and preserve the underpinnings). By moving forward
in this way, it will save the homeowner a considerable amount of money since
it would be very expensive for him to move everything to another location
during construction.
Chair/Mok closed the public hearing.
C/Farago moved, VCIBarlas seconded, to approve Development Review
No. PL2018-118, based on the Findings of Fact, and subject to the conditions
of approval as listed within the draft resolution. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Farago, Mahlke, Wolfe, VCIBarlas,
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Review No. PL2018-45 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant and property owner requested
Development Review approval to construct a 1,555 square foot addition, a
105 square foot front porch, and a 220 square foot rear balcony -to an existing
Packet Pg. 24
6.2.a
OCTOBER 9, 2018 PAGE 5 PLANNING COMMISSION
1,784 square foot, -single family residence on al 0,316 gross square foot lot.
A Minor Conditional Use Permit was requested to, allow an addition to an
existing nonconforming structure with a west side setback of six feet six inches
(6'-6") where .10 feet is required. The subject property is zoned Low
Residential (RL) with an underlying General Plan land use designation of Low
Residential.
PROJECT ADDRESS
PROPERTY OWNER:
APPLICANT:
652 Featherwood Drive
Diamond Bar, CA 91765
Harbhajan Mand
652 Featherwood Drive
Diamond Bar, CA 91765
Ramy Ibrahim
7039 Village Drive
Eastvale, CA 92880
APINakajima presented staff's report and recommended Planning
Commission approval of Development Review No. PL2018-45, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
C/Wolfe asked for clarification of whether the comparison of the three largest
homes being between 3,000 and 3,300 feet was compared to only the livable
area and excluded the garage, porch and deck spaces. APINakajima
responded that C/Wolfe was correct.
Chair/Mok opened the public hearing.
Ramy Ibrahim, architect, said that this project was also intended to get the
maximum living space by adding a second story and keeping the front and
back yards as they currently exist by blending the addition with the existing
house and integrating the same materials and veneers.
Harbhajan Mand, property owner, said his easiest option would be to buy a
property elsewhere, but he has been living in this house since 1998 and
prefers to expand his current home.
Chair/Mok closed the public hearing.
Chair/Mok asked the definition of "landscaped" where staff has required a
portion of land to be landscaped where a portion of the driveway is being
removed. APINakajima said landscape materials are plant materials that can
Packet Pg. 25
6.2.a
OCTOBER 9, 2018 PAGE 6 PLANNING COMMISSION
8.
9.
be lawn or drought tolerant plants. Chair/Mok asked if it could be decomposed
granite with a few succulents and APINakajima said that Chair/Mok's example
would be considered decorative hardscape which would have to be mixed in
with the landscaping.
The architect discussed the possibility of widening the driveway two feet to
allow two vehicles to park in the driveway. APINakajima stated that it would
not be permissible to widen the driveway toward the center of the front yard.
However, the owner could widen the driveway on the right side toward the
nearest side property line. The architect thanked APINakajima for her
response.
C/Wolfe moved, VC/Barlas seconded, to approve Development Review
No. PL201-118, based on the Findings of Fact, and subject to the conditions
of approval as listed within the draft resolution. Motion carried by the following
Roll Call vote;
AYES: COMMISSIONERS: Farago, Mahlke, Wolfe, VCIBarlas,
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMM ENTSIINFORMATIONAL ITEMS:
C/Wolfe said that a couple of weeks ago he had the opportunity to go out to Fort Irwin,
which is about an hour outside of Barstow where the army has their national defense
training_ institute. They welcome anyone to visit and observe .what young men and
women go through to be combat ready before they are deployed overseas. For him,
it was a fantastic experience and the General in charge asked all who were present
to pass the information along to anyone they interact with to let them know about this
opportunity. Visitors are invited to shoot a 50 caliber gun and for lunch they are
served MBE's.
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Project Status Report.
CDDIGubman announced that there are no business items for October 23rd
and for November 13th at this time, and in light of that, the earliest date the
Commission would reconvene would be November 27th for which there is
currently no business slated. However, staff will inform the Commission well
in advance of that date if a meeting is scheduled.
Packet Pg. 26
OCTOBER 9, 2018 PAGE 7 PLANNING COMMISSION
12. SCHEDULE OF FUTURE EVENTS:
Chair/Mok pointed out that prior to the next Commission meeting there will be a
Veterans' Day Celebration. Anyone who knows a veteran or anyone who has served
in the armed forces from .Diamond Bar that has not yet been acknowledged should
invite them to contact the City and go through the application process so that they
can be acknowledged for their service on November 7th.
ADJOURNMENT; With no further business before the Planning Commission,
Chair/Mok adjourned the regular meeting at 7:13 p.m.
The foregoing minutes are hereby approved this 11th Day of December, 2018.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Kenneth Mok, Chairperson
6.2.a
Packet Pg. 27
6.3
Agenda #: 6.3
Meeting Date: January 15, 2019
CITY COUNCIL ®! AGENDA REPORT
X959 .•
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i
TITLE: RATIFICATION OF CHECK REGISTER DATED DECEMBER 13, 2018
THROUGH JANUARY 9, 2019 TOTALING $2,926,032.11.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $2,926,032.11.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
DISCUSSION:
The attached check register containing checks dated December 13, 2018 through
January 9, 2019 for $2,926,032.11 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Packet Pg. 28
IF
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6A WA
Luisa len, cco nti g ec nic n 1/15/2019
ef,r-ow AF ) I �, PA' j ffF
,'Mor ACOUI FLdl 1/9/2019
Attachments:
1. 6.3.a Check Register Affidavit 1-15-19
2. 6.3.b Check Register 1-15-19
6.3
Packet Pg. 29
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated December 13, 2018 through January 9, 2019 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Descri tion
General Fund
Com Org Support Fund
General Plan Revision Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Intergrated Waste Management Fund
AB2766 - Air Qlty Mgt Fund
Com Dev Block Grant Fund
COPS Fund (Public Safety)
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
PFA - Debt Service Fund
Vehicle Maint/Repl Fund
Equip Maint/Repl Fund
Signed:
Dianna Honeywell
Finance Director
Amount
$1,571,650.36
$2,750.00
$26,480.72
$25,548.00
$5,140.67
$38,582,09
$8,698.00
$9,800.00
$4,800.00
$13,702.84
$24,795.71
$11,356.91
$1,172,634.85
$3,285.00
$667.70
$6,139.26
$2,926,032.11
6.3.a
Packet Pg. 30
SUNGARD PENTAMATION INC PAGE NUMBER:
DATE: 01/09/2019 CITY OF DIAMOND BAR ACCTPA21
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
1
Packet Pg. 31
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
127820
12/19/18
4IMPRINT
4IMPRINT INC
1155515
CITY LOGO PULLOVERS
0.00
288.53
10100
127821
12/19/18
AGGCOMWE
AGRICULTURAL COM WGHTS &
0014431
COYOTE CONTROL SVCS
0.00
1,122.08
10100
127822
12/19/18
BALDWINC
CAROLE BALDWIN
0015350
CONTRACT CLASS -FALL
0.00
283.20
10100
127823
12/19/18
BARNAJOH
JOHN BARNA
001
RECREATION REFUND
0.00
84.00
10100
127824
12/19/18
BARRETTT
THOMAS BARRETT
0015350
CONTRACT CLASS -FALL
0.00
24.00
10100
127825
12/19/18
BOSSLITH
BOSS LITHO INC
0014095
PRINT/MAIL-DBCONN DEC
0.00
11,705.56
10100
127826
12/19/18
BROOKSTO
TONY BROOKS
001
FACILITY REFUND -DBC
0.00
100.00
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-PANTERA PK
0.00
49.40
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-PANTERA PK
0.00
49.40
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-HERITAGE PK
0.00
312.15
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-DBC ANALOG PH
0.00
444.64
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-HERITAGE PK
0.00
312.15
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-DBC ANALOG PH
0.00
444.64
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-C/H ANALOG PH
0.00
669.78
10100
127827
12/19/18
BULLSEYE
BULLSEYE TELECOM INC
0014070
PH.SVCS-C/HALL ANALOG
0.00
589.19
TOTAL
CHECK
0.00
2,871.35
10100
127828
12/19/18
CHMEDIAI
CH MEDIA INC
001
FACILITY REFUND -DBC
0.00
100.00
10100
127829
12/19/18
CHRIZION
CHRISTIAN ZION CHURCH
001
FACILITY REFUND -DBC
0.00
100.00
10100
127830
12/19/18
CITYOFWA
CITY OF WALNUT
1264411
FY 18/19 RISK YOUTH
0.00
4,800.00
10100
127831
12/19/18
CIVICLLC
CIVIC LLC
0014095
MAINT SVCS-SMART/PH
0.00
237.00
10100
127832
12/19/18
REINBERG
CNC PRINTWERKS
0014030
PRINT SVCS -BUS CARDS
0.00
350.40
10100
127832
12/19/18
REINBERG
CNC PRINTWERKS
0014030
PRINT SVCS -BUS CARDS
0.00
93.08
10100
127832
12/19/18
REINBERG
CNC PRINTWERKS
0014030
PRINT SVCS -BUS CARDS
0.00
164.25
10100
127832
12/19/18
REINBERG
CNC PRINTWERKS
0014030
PRINT SVCS -BUS CARDS
0.00
175.20
TOTAL
CHECK
0.00
782.93
10100
127833
12/19/18
COMMDEVE
COMMUNITY DEVELOPMENT CO
125
HIP LOAN REPAYMENT
0.00
9,800.00
10100
127834
12/19/18
LACDPH
COUNTY OF LOS ANGELES PU
0015556
BACKFLOW TESTING
0.00
37.00
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 2017-14
0.00
20.76
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 14-609
0.00
160.34
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 15-528
0.00
3,147.25
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 2017-133
0.00
598.76
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 2017-77
0.00
605.00
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 2014-659
0.00
693.00
10100
127835
12/19/18
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 2017-52
0.00
863.59
TOTAL
CHECK
0.00
6,088.70
10100
127836
12/19/18
DENNISCA
CAROL A DENNIS
0014030
PROF.SVCS-CNCL MTG
0.00
150.00
1
Packet Pg. 31
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION--
10100 127836 12/19/18 DENNISCA CAROL A DENNIS 0155210 PROF.SVCS-GPAC MTG
TOTAL CHECK
10100
127837
12/19/18
DEPTOFJU
DEPARTMENT OF JUSTICE
0014060
10100
127838
12/19/18
DYETTBHA
DYETT & BHATIA, URBAN &
0155210
10100
127839
12/19/18
EMPIREAU
EMPIRE AUCTIONEERS
001
10100
127840
12/19/18
EXPRESSM
EXPRESS MAIL CORPORATE A
0015210
10100
127840
12/19/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
10100
127840
12/19/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
10100
127840
12/19/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
TOTAL
CHECK
12/19/18
HOPSCOTC
HOPSCOTCH PRESS INC
0014095
10100
127841
12/19/18
FEHRPEER
FEHR & PEERS
0015551
10100
127842
12/19/18
FOOTBUIL
FOOTHILL BUILDING MATERI
0014440
10100
127843
12/19/18
FRONTIER
FRONTIER COMMUNICATIONS
0014070
10100
127843
12/19/18
FRONTIER
FRONTIER COMMUNICATIONS
0014070
TOTAL
CHECK
10100
127844
12/19/18
GATEWAYF
GATEWAY FRIENDS CHURCH
001
10100
127845
12/19/18
GLYNNALI
ALISON GLYNN
001
10100
127846
12/19/18
GOLIVETE
GO LIVE TECHNOLOGY INC
5304070
10100
127847
12/19/18
GRAFFITI
GRAFFITI CONTROL SYSTEMS
0015230
10100
127848
12/19/18
GREENHAL
GREEN HALO SYSTEMS INC
1155515
10100
127848
12/19/18
GREENHAL
GREEN HALO SYSTEMS INC
1155515
TOTAL CHECK
10100
127849
12/19/18
HAYNESNI
NIGEL HAYNES
001
10100
127850
12/19/18
HDLCOMPA
HDL COMPANIES
0014050
10100
127850
12/19/18
HDLCOMPA
HDL COMPANIES
0014050
TOTAL
CHECK
10100
127851
12/19/18
HCSCHOOL
HEIGHTS CHRISTIAN SCHOOL
001
10100
127852
12/19/18
DISPLAYA
SHIRLEY HELMER
0014030
10100
127853
12/19/18
HINDOYAN
GARABET HINDOYAN
0015350
10100
127854
12/19/18
HOPSCOTC
HOPSCOTCH PRESS INC
0014095
10100
127855
12/19/18
IVHS
HUMANE SOCIETY OF POMONA
0014431
10100
127856
12/19/18
IMEGCORP
IMEG CORP
2505310
PROF.SVCS-H/R
PROF.SVCS-GEN PLAN
FACILITY REFUND -DBC
E/MAIL-GENERAL
E/MAIL-PL 2018-045
E/MAIL-PL 2018-032
E/MAIL-PL 2018-113
SR 57/60 PROJ SUPPORT
SUPPLIES -SANDBAGS
PH.SVCS-EMER LINES
PH.SVCS-EMER LINES
FACILITY REFUND -DBC
FACILITY REFUND-PNTRA
VERMONT REC PROJECT
GRAFFITI REMOVAL SVCS
PROF.SVCS-3RD QTR
PROF.SVCS-4TH QTR
FACILITY REFUND-S/CYN
SALES TAX -4TH QTR
AUDIT SVCS -2ND QTR
FACILITY REFUND -DBC
SUPPLIES -COUNCIL
HOLIDAY DANCE DINNERS
AD-P/INFO
ANIMAL CONTROL SVCS
CONSULTANT SVCS-S/CYN
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
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
PAGE NUMBER:
ACCTPA21
AMOUNT
400.00
550.00
224.00
26,080.72
100.00
21.98
43.96
43.96
43.96
153.86
415.80
316.13
595.13
960.84
1,555.97
500.00
100.00
4,837.50
3,025.00
801.00
801.00
1,602.00
100.00
900.00
1,481.90
2,381.90
500.00
21.50
2,836.05
1,800.00
14,765.08
88.00
2
Packet Pg. 32
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX
PAGE NUMBER:
ACCTPA21
AMOUNT
10100
127857
12/19/18
INLANDEM
INLAND EMPIRE TOURS & TR
1125350
SR EXCURSION-H/BEACH
0.00
949.00
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2018-113
0.00
485.48
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2018-30
0.00
485.48
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2017-36
0.00
499.34
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2015-19
0.00
457.76
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2017-92
0.00
476.24
10100
127858
12/19/18
IVDB
INLAND VALLEY DAILY BULL
001
LEGAL ADS -PL 2018-42
0.00
476.24
TOTAL
CHECK
0.00
2,880.54
10100
127859
12/19/18
INSPECTO
INSPECTOR PLAYGROUND INC
0015556
PLAYGROUND EQ-STRSHN
0.00
850.00
10100
127860
12/19/18
JAHAAMAN
AMANDA JAHANVASH
001
FACILITY REFUND-HRTGE
0.00
113.00
10100
127860
12/19/18
JAHAAMAN
AMANDA JAHANVASH
001
FACILITY REFUND-HRTGE
0.00
200.00
TOTAL
CHECK
0.00
313.00
10100
127861
12/19/18
JOEGONSA
JOE A. GONSALVES & SON I
0014030
LEGISLATIVE SVCS -DEC
0.00
3,000.00
10100
127861
12/19/18
JOEGONSA
JOE A. GONSALVES & SON I
0014030
QUARTERLY FILING
0.00
45.00
TOTAL
CHECK
0.00
3,045.00
10100
127862
12/19/18
JOHNLHUN
JOHN L HUNTER & ASSOC. I
0015510
PROF.SVCS-STORMWATER
0.00
1,821.25
10100
127863
12/19/18
KAPLANDE
DENEAN KAPLAN
0015350
CONTRACT CLASS -FALL
0.00
1,440.60
10100
127864
12/19/18
KENSHARD
KENS HARDWARE
0015554
SUPPLIES -RD MAINT
0.00
97.34
10100
127865
12/19/18
KLEINGAB
GABRIELA KLEIN
0015350
CONTRACT CLASS -FALL
0.00
924.00
10100
127866
12/19/18
LANCESOL
LANCE, SOLL & LUNGHARD L
0014050
AUDIT SVCS -GASB 75
0.00
3,548.00
10100
127867
12/19/18
LANDSEND
LANDS' END INC
0014095
LOGO EMBROIDERY
0.00
38.05
10100
127868
12/19/18
LEWISENG
LEWIS ENGRAVING INC.
0014030
NAME BADGES
0.00
27.01
10100
127868
12/19/18
LEWISENG
LEWIS ENGRAVING INC.
0014030
NAME BADGE -COUNCIL
0.00
86.23
TOTAL
CHECK
0.00
113.24
10100
127869
12/19/18
LIEBESHE
SHERI LIEBE
0015350
CONTRACT CLASS -FALL
0.00
480.00
10100
127870
12/19/18
LIUCIN
CINDY LIU
001
FACILITY REFUND-PTRSN
0.00
600.00
10100
127871
12/19/18
LOOMIS
LOOMIS
0014050
COURIER SVCS-C/HALL
0.00
613.96
10100
127871
12/19/18
LOOMIS
LOOMIS
0015333
COURIER SVCS -DBC
0.00
613.96
TOTAL
CHECK
0.00
1,227.92
10100
127872
12/19/18
LOREMARG
MARGARITO LORENZO
001
FACILITY REFUND-PNTRA
0.00
100.00
10100
127872
12/19/18
LOREMARG
MARGARITO LORENZO
001
FACILITY REFUND-PNTRA
0.00
25.00
TOTAL
CHECK
0.00
125.00
10100
127873
12/19/18
LACDPH
LOS ANGELES COUNTY DEPT
0015556
BACKFLOW TESTING
0.00
37.00
10100
127874
12/19/18
LACMTA
LOS ANGELES COUNTY MTA
1125553
MTA PASSES -SR NOV 18
0.00
63.00
3
Packet Pg. 33
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR
10100 127874
12/19/18 LACMTA
10100 127874
12/19/18 LACMTA
10100 127874
12/19/18 LACMTA
TOTAL CHECK
127875
NAME FUND/DIVISION
LOS ANGELES COUNTY MTA 1125553
LOS ANGELES COUNTY MTA 1125553
LOS ANGELES COUNTY MTA 1125553
10100
127875
12/19/18
LASHERIF
LOS ANGELES COUNTY SHERI
0014411
10100
127875
12/19/18
LASHERIF
LOS ANGELES COUNTY SHERI
0014411
10100
127875
12/19/18
LASHERIF
LOS ANGELES COUNTY SHERI
0014411
TOTAL
CHECK
0.00
320.00
0.00
600.00
10100
127876
12/19/18
LATIMES
LOS ANGELES TIMES
0014030
10100
127877
12/19/18
MARCSHOT
MARC SHOT THIS PHOTOGRAP
0014010
10100
127877
12/19/18
MARCSHOT
MARC SHOT THIS PHOTOGRAP
0014095
TOTAL
CHECK
0.00
3,276.00
0.00
13,104.00
10100
127878
12/19/18
MARQCONN
CONNIE MARQUEZ
001
10100
127879
12/19/18
MATTIERI
RICK RAYMOND MATTIE
0014095
10100
127880
12/19/18
MELLINLI
LINDA MARIE MELLIN
0015333
10100
127881
12/19/18
MBCLLC
MICHAEL BALLIET CONSULTI
1155515
10100
127882
12/19/18
MNSENGIN
MNS ENGINEERS INC
2505510
10100
127883
12/19/18
NELIUSLI
LISA NELIUS
001
10100
127884
12/19/18
ONWARDEN
ONWARD ENGINEERING
2505510
10100
127885
12/19/18
PLEWNARZ
ROBERT PLEWNARZ
001
10100
127886
12/19/18
RFDICKSO
R F DICKSON COMPANY INC
0015554
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
10100
127887
12/19/18
RTSC
REGIONAL TAP SERVICE CEN
1125553
TOTAL
CHECK
10100
127888
12/19/18
RELIABLE
RELIABLE IT, LLC
0014070
10100
127889
12/19/18
RETAILMA
RETAIL MARKETING SERVICE
1155515
10100
127890
12/19/18
RODRGUAD
GUADALUPE D RODRIGUEZ
0014095
10100
127891
12/19/18
RUUHWADA
RUUHWA DANN AND ASSOCIAT
1155515
10100
127892
12/19/18
SGVT
SAN GABRIEL VALLEY TRUBU
0014030
-----DESCRIPTION-----
CITY SUBSIDY -SR NOV 1
CITY SUBSIDY-NOV 18
MTA PASSES-NOV 2018
CALVARY SVCS -OCT 18
STAR DEPUTY SVCS -OCT
CONTRACT SVCS -OCT 18
SUBSCRIPTION RENEWAL
PHOTOGRAPHY SVCS -DEC
PHOTOGRAPHY SVCS -DEC
FACILITY REFUND -DBC
PROF.SVCS-W/SNOW FEST
PROMO ITEMS -DBC
CONSULTANT SVCS -DEC
DBB STREETSCAPE DESGN
RECREATION REFUND
CONSULTANT SVCS-NOV
RECREATION REFUND
ST SWEEPING SVCS-NOV
CITY SUBSIDY-NOV 18
TAP SVCS-NOV 18 REG
3% COMMISSION-NOV
REFUND-NOV 2018
TAP SVCS-NOV SR
CITY SUBSIDY-NOV 18
SUPPORT REQUEST-I.T.
SHOPPING CART RETRVL
GRAPHIC DESIGN SVCS
AMERICA RECYCLES DAY
SUBSCRIPTION RENEWAL
PAGE NUMBER:
ACCTPA21
SALES TAX
AMOUNT
0.00
63.00
0.00
88.00
0.00
352.00
0.00
566.00
0.00
9,327.38
0.00
11,669.46
0.00
539,083.85
0.00
560,080.69
0.00
121.83
0.00
320.00
0.00
600.00
0.00
920.00
0.00
850.00
0.00
400.00
0.00
1,406.29
0.00
3,780.00
0.00
1,200.00
0.00
43.00
0.00
30,368.75
0.00
73.00
0.00
11,765.92
0.00
3,276.00
0.00
13,104.00
0.00
-493.47
0.00
-206.00
0.00
137.50
0.00
137.50
0.00
15,955.53
0.00
138.75
0.00
405.00
0.00
658.50
0.00
1,100.40
0.00
330.93
4
Packet Pg. 34
SUNGARD PENTAMATION INC PAGE NUMBER:
DATE: 01/09/2019 CITY OF DIAMOND BAR ACCTPA21
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
5
Packet Pg. 35
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
127893
12/19/18
SCHAFERC
SCHAFER CONSULTING
5304070
ERP EVALUATION SVCS
0.00
1,301.76
10100
127894
12/19/18
SCHUSARI
SARITA SCHUBEL
001
FACILITY REFUND -DBC
0.00
500.00
10100
127895
12/19/18
SHEPPARD
SHEPPARD, MULLIN, RICHTE
0014020
PROF.SVCS-T/HERMANOS
0.00
6,046.89
10100
127896
12/19/18
SIMPSONA
SIMPSON ADVERTISING
INC
0015333
GRAPHIC DESIGN SVCS
0.00
695.00
10100
127896
12/19/18
SIMPSONA
SIMPSON ADVERTISING
INC
0014095
GRAPHIC DESIGN SVCS
0.00
1,975.00
TOTAL
CHECK
0.00
2,670.00
10100
127897
12/19/18
SCSANDBA
SO CAL SANDBAGS INC
0015554
SUPPLIES -SANDBAGS
0.00
1,185.25
10100
127898
12/19/18
SCAQMD
SO COAST AIR QUALITY
MGT
0014030
AQMD FACILITIES LEASE
0.00
2,319.38
10100
127899
12/19/18
SOCIALVO
SOCIAL VOCATIONAL SERVIC
0015558
MAINT/LITTER REMOVAL
0.00
2,291.00
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
544.89
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
479.97
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT SVCS-T/CONTROL
0.00
74.67
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
0.19
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
0.21
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
0.38
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
0.40
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
0.63
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
3.84
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT SVCS-T/CONTROL
0.00
27.31
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
ELECT SVCS-T/CONTROL
0.00
31.85
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0014093
ELECT SVCS-C/HALL
0.00
8,023.12
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
4.32
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
1385538
ELECT SVCS-T/CONTROL
0.00
52.73
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
1415541
ELECT SVCS-T/CONTROL
0.00
54.75
10100
127900
12/19/18
SCE
SOUTHERN CALIFORNIA
EDIS
0015556
LATE FEES
0.00
73.05
TOTAL
CHECK
0.00
9,372.31
10100
127901
12/19/18
SPARKLET
SPARKLETTS
0014030
EQ RENTAL-C/HALL
0.00
3.99
10100
127901
12/19/18
SPARKLET
SPARKLETTS
0014030
SUPPLIES -WATER
0.00
304.03
TOTAL
CHECK
0.00
308.02
10100
127902
12/19/18
SWRCB
SWRCB ACCOUNTING OFFICE
0015510
ANNL PERMIT FEE -18/19
0.00
12,259.00
10100
127903
12/19/18
TAMSIUKI
SIU KI TAM
0015350
CONTRACT CLASS-SMMR
0.00
1,058.40
10100
127904
12/19/18
TASC
TASC
0014060
FLEX ADMIN SVCS
0.00
100.00
10100
127905
12/19/18
TENNISAN
TENNIS ANYONE INC
0015350
CONTRACT CLASS -FALL
0.00
3,425.10
10100
127906
12/19/18
SCGAS
THE GAS COMPANY
0014093
GAS SVCS -CITY HALL
0.00
58.58
10100
127907
12/19/18
THEHOUSE
THE HOUSE CLUB INC
001
FACILITY CHRGS-DBC
0.00
-250.00
10100
127907
12/19/18
THEHOUSE
THE HOUSE CLUB INC
001
FACILITY REFUND -DBC
0.00
1,550.00
TOTAL
CHECK
0.00
1,300.00
5
Packet Pg. 35
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR
10100
127908
12/19/18
SGVT
10100
127908
12/19/18
SGVT
10100
127908
12/19/18
SGVT
10100
127908
12/19/18
SGVT
10100
127908
12/19/18
SGVT
10100
127908
12/19/18
SGVT
TOTAL
CHECK
THE
SAN
NAME
127909
12/19/18
THESAUCE
FUND/DIVISION
-----DESCRIPTION-----
0015350
10100
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS -PL
2018-113
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS
-PL
2018-42
940.40
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS
-PL
2015-19
10100
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS
-PL
2018-30
TREMCO
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS
-PL
2018-92
10100
THE
SAN
GABRIEL
VALLEY
N 001
LEGAL
ADS
-PL
2017-36
URMINC
10100
127909
12/19/18
THESAUCE
THE SAUCE CREATIVE
SERVI
0015350
10100
127909
12/19/18
THESAUCE
THE SAUCE CREATIVE
SERVI
0015350
10100
127909
12/19/18
THESAUCE
THE SAUCE CREATIVE
SERVI
0015350
TOTAL
CHECK
2,088.01
0.00
940.40
0.00
555.96
10100
127910
12/19/18
TAITDAVI
THE TAIT GROUP INC
594.00
0015551
10100
127911
12/19/18
TELEPACI
TPX COMMUNICATIONS
0.00
0014070
10100
127912
12/19/18
TREMCO
TREMCO
189.65
0014093
10100
127913
12/19/18
TUCKERRA
RAYMOND MICHAEL TUCKER
0015350
10100
127914
12/19/18
ULINEINC
ULINE INC
0.00
0014093
10100
127915
12/19/18
URMINC
UNITED RECORDS MANAGEMEN
0014070
10100
127916
12/19/18
VERIZONW
VERIZON WIRELESS
162.60
0014070
10100
127917
12/19/18
VITUITY
VITUITY
001
10100
127918
12/19/18
WVWATER
WALNUT VALLEY WATER
DIST
1385538
10100
127919
12/19/18
WONGTIFF
TIFFANY WANG
0014095
10100
127920
12/19/18
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
10100
127920
12/19/18
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
10100
127920
12/19/18
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
TOTAL
CHECK
10100
127921
12/19/18
WEDDING
WEDDINGWIRE INC
0015333
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
001
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
001
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
001
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN &
SMAR
0014020
PROMO CARDS -HALLOWEEN
PROMO CARDS -HALLOWEEN
PROMO CARDS -HALLOWEEN
SR -57/60 INTERCHG SVC
T1 INTERNET SVCS -DEC
COMPREHENSIVE ROOF -CH
CONTRACT CLASS -FALL
PROMO ITEMS -LIBRARY
OFF-SITE STORAGE-I.T
CELL CHRGS-PW,CS,CD
FACILITY REFUND -DBC
WATER SVCS -DIST 38
THROUGH MY LENS CNTST
SUPPLIES -CITY HALL
SUPPLIES -CITY HALL
SUPPLIES -CITY HALL
ANNL RENEWAL FEES
LEGAL SVCS -MILLENNIUM
LEGAL SVCS-T/HERMANOS
LEGAL SVCS-CMGR
LEGAL SVCS-MILLNM/APP
LEGAL SVCS -FINANCE
LEGAL SVCS -COUNCIL
LEGAL SVCS -GENERAL
LEGAL SVCS -PL 16-01
LEGAL SVCS -PL 18-42
LEGAL SVCS -PL 18-113
LEGAL SVCS-C/GARDENA
LEGAL SVCS-H/R
PAGE NUMBER:
ACCTPA21
SALES TAX AMOUNT
0.00
574.00
0.00
586.00
0.00
592.00
0.00
592.00
0.00
610.00
0.00
622.00
0.00
3,576.00
0.00
500.00
0.00
776.12
0.00
841.38
0.00
2,117.50
0.00
2,088.01
0.00
940.40
0.00
555.96
0.00
240.00
0.00
156.55
0.00
594.00
0.00
1,514.44
0.00
1,450.00
0.00
798.65
0.00
50.00
0.00
53.23
0.00
189.65
0.00
189.65
0.00
432.53
0.00
3,750.00
0.00
4,274.21
0.00
3,707.40
0.00
2,242.20
0.00
2,314.11
0.00
879.56
0.00
666.00
0.00
66.60
0.00
66.60
0.00
22.20
0.00
22.20
0.00
162.60
0.00
111.00
C
Packet Pg. 36
SUNGARD PENTAMATION INC PAGE NUMBER:
DATE: 01/09/2019 CITY OF DIAMOND BAR ACCTPA21
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
7
Packet Pg. 37
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN & SMAR
001
LEGAL SVCS -PL 15-317
0.00
88.80
10100
127922
12/19/18
WOODRUFF
WOODRUFF SPRADLIN & SMAR
0014020
LEGAL SVCS -COMM DEV
0.00
333.00
TOTAL
CHECK
0.00
14,956.48
10100
127923
12/19/18
WRIGHTP
PAUL WRIGHT
0014030
A/V SVCS-CNCL MTGS
0.00
375.00
10100
127924
12/19/18
XIAOLIME
LIMEI XIAO
0015350
CONTRACT CLASS -FALL
0.00
1,062.00
10100
127925
12/19/18
ZHOUHILL
HILL ZHOU
001
FACILITY REFUND -DBC
0.00
100.00
10100
127926
12/20/18
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015333
LANDSCAPE MAINT-DBC
0.00
5,645.47
10100
127926
12/20/18
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015556
LANDSCAPE MAINT-PARKS
0.00
30,117.53
TOTAL
CHECK
0.00
35,763.00
10100
127927
12/20/18
BLUESKY
CALIFORNIA DINING SERVIC
0014060
MTG-H/R
0.00
164.09
10100
127928
12/20/18
CHARTER
CHARTER OAK GYMNASTICS,
0015350
CONTRACT CLASS -SUMMER
0.00
1,116.00
10100
127929
12/20/18
DBWOMANS
DIAMOND BAR WOMAN'S CLUB
0114010
ANNL CASINO NIGHT
0.00
750.00
10100
127930
12/20/18
EMERALD
EMERALD LANDSCAPE SERVIC
0014093
LANDSCAPE MAINT-DEC
0.00
980.00
10100
127930
12/20/18
EMERALD
EMERALD LANDSCAPE SERVIC
0014093
ADDL LANDSCAPE SVCS
0.00
1,133.00
TOTAL
CHECK
0.00
2,113.00
10100
127931
12/20/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
E/MAIL-PL 2018-113
0.00
21.98
10100
127931
12/20/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
E/MAIL-PL 2018-42
0.00
21.98
10100
127931
12/20/18
EXPRESSM
EXPRESS MAIL CORPORATE A
001
E/MAIL-PL 2018-42
0.00
21.98
TOTAL
CHECK
0.00
65.94
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2015-034
0.00
42.01
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2017-065
0.00
43.69
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2014-659
0.00
66.43
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2017-167
0.00
83.64
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2018-20
0.00
21.79
10100
127932
12/20/18
FEDEX
FEDEX
001
E/MAIL-PL 2014-579
0.00
21.79
TOTAL
CHECK
0.00
279.35
10100
127933
12/20/18
FERREIRA
JILL FERREIRA
001
FACILITY REFUND-S/CYN
0.00
100.00
10100
127934
12/20/18
FOREMOST
FOREMOST DIAMOND OAKS LL
001
DEP REFUND -PL 16-124
0.00
2,234.73
10100
127935
12/20/18
GOMESCAR
CARLA GOMES
001
FACILITY REFUND-PNTRA
0.00
100.00
10100
127936
12/20/18
KENSHARD
KENS HARDWARE
0015556
SUPPLIES -PARKS
0.00
93.82
10100
127936
12/20/18
KENSHARD
KENS HARDWARE
0014093
SUPPLIES-C/HALL
0.00
26.25
10100
127936
12/20/18
KENSHARD
KENS HARDWARE
0015333
SUPPLIES -DBC
0.00
31.49
10100
127936
12/20/18
KENSHARD
KENS HARDWARE
0015230
SUPPLIES -CODE ENFOR
0.00
38.83
TOTAL
CHECK
0.00
190.39
10100
127937
12/20/18
LEDESMA
LETTY LEDESMA
001
FACILITY REFUND-S/CYN
0.00
100.00
10100
127938
12/20/18
NGUYHUON
HUONG NGUYEN
001
FACILITY REFUND-PNTRA
0.00
100.00
7
Packet Pg. 37
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX
PAGE NUMBER:
ACCTPA21
AMOUNT
10100
127939
12/20/18
SCGAS
THE GAS COMPANY
0015333
GAS SVCS -DBC
0.00
1,038.83
10100
127940
12/20/18
TRANE
TRANE SERVICE GROUP
INC
0015556
BLDG CONTROL -HERITAGE
0.00
2,978.00
10100
127940
12/20/18
TRANE
TRANE SERVICE GROUP
INC
0015333
BLDG CONTROL -DBC
0.00
2,978.00
10100
127940
12/20/18
TRANE
TRANE SERVICE GROUP
INC
0014093
BLDG CONTROL-C/HALL
0.00
2,978.00
10100
127940
12/20/18
TRANE
TRANE SERVICE GROUP
INC
0014093
EQ COVERAGE-C/HALL
0.00
3,890.00
TOTAL
CHECK
0.00
12,824.00
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
1395539
WATER SVCS -DIST 39
0.00
4,847.13
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
0015556
WATER SVCS -PARKS
0.00
12,099.62
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
1415541
WATER SVCS -DIST 41
0.00
3,801.45
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
1385538
WATER SVCS -DIST 38
0.00
4,735.40
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
0014093
WATER SVCS -CITY HALL
0.00
1,031.91
10100
127941
12/20/18
WVWATER
WALNUT VALLEY WATER
DIST
0015333
WATER SVCS -DBC
0.00
380.58
TOTAL
CHECK
0.00
26,896.09
10100
127942
12/20/18
WAXIESAN
WAXIE SANITARY SUPPLY
0015556
SUPPLIES -PARKS
0.00
116.20
10100
127943
12/20/18
WESTCOAS
WEST COAST ARBORISTS
INC
0015558
WATERING SVCS-NOV 18
0.00
510.00
10100
127943
12/20/18
WESTCOAS
WEST COAST ARBORISTS
INC
0015558
TREE MAINT-NOV 2018
0.00
25,823.50
TOTAL
CHECK
0.00
26,333.50
10100
127944
01/02/19
ABDUUZMA
UZMA ADBULLAH
001
RECREATION REFUND
0.00
13.00
10100
127944
01/02/19
ABDUUZMA
UZMA ADBULLAH
001
RECREATION REFUND
0.00
13.00
TOTAL
CHECK
0.00
26.00
10100
127945
01/02/19
AMERICOM
AMERICOMP GROUP
0014070
TONER -PRINTERS
0.00
569.18
10100
127946
01/02/19
AGIACADE
ANCOM GROUP INC
0015350
CONTRACT CLASS -FALL
0.00
648.00
10100
127947
01/02/19
ASSAABOL
ASSA ABLOY ENTRANCE
SYST
0014093
MAINT SVCS -LIBRARY
0.00
1,178.77
10100
127948
01/02/19
BASILIOG
GREG BASILIO
001
FACILITY REFUND-HRTGE
0.00
200.00
10100
127949
01/02/19
BEARSTAT
BEAR STATE AIR CONDITION
0015556
REG/MAINT-PANTERA PK
0.00
85.00
10100
127949
01/02/19
BEARSTAT
BEAR STATE AIR CONDITION
0015556
REG/MAINT-HERITAGE PK
0.00
155.00
10100
127949
01/02/19
BEARSTAT
BEAR STATE AIR CONDITION
0015556
REG/MAINT-HERITAGE
0.00
181.88
TOTAL
CHECK
0.00
421.88
10100
127950
01/02/19
BECEROBI
ROBIN BECERRA
001
RECREATION REFUND
0.00
13.00
10100
127951
01/02/19
BISHOPJO
JOHN E BISHOP
0015350
CONTRACT CLASS -FALL
0.00
162.00
10100
127952
01/02/19
BRIGHTON
BRIGHTON MANAGEMENT
LLC
001
FACILITY REFUND -DBC
0.00
500.00
10100
127953
01/02/19
VALLEYCR
BRIGHTVIEW LANDSCAPE
SER
0015350
LABOR ASST -SNOW FEST
0.00
840.00
10100
127954
01/02/19
CDW-G
CDW GOVERNMENT
0014070
COMP MAINT RENEWAL
0.00
3,420.97
10100
127954
01/02/19
CDW-G
CDW GOVERNMENT
0014070
COMP MAINT RENEWAL
0.00
4,634.12
TOTAL
CHECK
0.00
8,055.09
8
Packet Pg. 38
SUNGARD PENTAMATION INC PAGE NUMBER:
DATE: 01/09/2019 CITY OF DIAMOND BAR ACCTPA21
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
9
Packet Pg. 39
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
127955
01/02/19
CHENGPAU
PAUL CHENG
001
RECREATION REFUND
0.00
52.00
10100
127956
01/02/19
CHOSIMON
SIMON CHO
001
RECREATION REFUND
0.00
13.00
10100
127957
01/02/19
CHOUAND
ANDREW B CHOU
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
127958
01/02/19
CHOUAND
ANDREW B CHOU
0014010
REIMB-CONF WASH DC
0.00
180.81
10100
127959
01/02/19
CHUDAVID
DAVID CHU
001
RECREATION REFUND
0.00
13.00
10100
127960
01/02/19
CHUANGYU
YUNG CHUANG
001
FACILITY REFUND-REAGA
0.00
100.00
10100
127961
01/02/19
CONSTHAR
CONSTRUCTION HARDWARE CO
0015333
HARDWARE SUPPLIES
0.00
440.74
10100
127962
01/02/19
CTTINC
CT & T CONCRETE PAVING I
250
RETENTIONS PAYABLE
0.00
9,407.40
10100
127963
01/02/19
DENGRUBY
RUBY DENG
001
RECREATION REFUND
0.00
13.00
10100
127964
01/02/19
DFSFLOOR
DFS FLOORING LP
0014093
CARPET MAINT-C/HALL
0.00
550.00
10100
127964
01/02/19
DFSFLOOR
DFS FLOORING LP
0014093
CARPET MAINT-C/HALL
0.00
550.00
TOTAL
CHECK
0.00
1,100.00
10100
127965
01/02/19
DBHANDCA
DIAMOND BAR HAND CAR WAS
5205554
CAR WASH -RD MAINT
0.00
37.44
10100
127965
01/02/19
DBHANDCA
DIAMOND BAR HAND CAR WAS
5204093
CAR WASH -POO VEH
0.00
379.85
10100
127965
01/02/19
DBHANDCA
DIAMOND BAR HAND CAR WAS
5205230
CAR WASH -CODE ENFOR
0.00
27.43
10100
127965
01/02/19
DBHANDCA
DIAMOND BAR HAND CAR WAS
5205556
CAR WASH-PARKS/FCLTS
0.00
22.99
TOTAL
CHECK
0.00
467.71
10100
127966
01/02/19
ESTRGABR
GABRIEL ESTRADA
001
RECREATION REFUND
0.00
13.00
10100
127967
01/02/19
FRONTIER
FRONTIER COMMUNICATIONS
0014070
PH.SVCS-ANALOG C/HALL
0.00
960.84
10100
127968
01/02/19
GALVANSO
SOPHIA GALVAN
001
RECREATION REFUND
0.00
13.00
10100
127969
01/02/19
GORGANIC
CHRISTOPHER GORGANI
001
RECREATION REFUND
0.00
13.00
10100
127970
01/02/19
HARRDANI
DANIELLE HARRINGTON
001
RECREATION REFUND
0.00
13.00
10100
127971
01/02/19
HUMANA
HUMANA
001
FACILITY REFUND -DBC
0.00
81.00
10100
127972
01/02/19
JIANGSHA
SHAN JIANG
001
RECREATION REFUND
0.00
13.00
10100
127973
01/02/19
JIMMERSO
MARK JIMMERSON
001
RECREATION REFUND
0.00
13.00
10100
127974
01/02/19
JOHNSONJ
JEFF JOHNSON
001
RECREATION REFUND
0.00
26.00
10100
127975
01/02/19
JOUCECIL
CECILIA JOU
001
RECREATION REFUND
0.00
13.00
10100
127976
01/02/19
KIMBETTI
BETTINA KIM
001
RECREATION REFUND
0.00
13.00
10100
127977
01/02/19
LACREGIS
L A COUNTY REGISTRAR REC
001
2018 GEN ELECTION STM
0.00
3,040.14
9
Packet Pg. 39
SUNGARD PENTAMATION
INC
PAGE NUMBER: 10
DATE:
01/09/2019
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
09:17:11
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between '20181213 00:00:00.000'
and '20190109 00:00:00.000'
ACCOUNTING PERIOD:
7/19
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
127978
01/02/19
LAUJACKY
JACKY LAU
001
RECREATION REFUND
0.00
13.00
10100
127979
01/02/19
LELEJIMM
JIMMY LE LE
001
RECREATION REFUND
0.00
13.00
10100
127980
01/02/19
LEEAMY
AMY LEE
001
FACILITY REFUND -DBC
0.00
100.00
10100
127981
01/02/19
LIANGLIL
LI LI LIANG
001
RECREATION REFUND
0.00
13.00
10100
127982
01/02/19
LINJIMMY
JIMMY LIN
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
127983
01/02/19
LINARESK
KATTIA LINARES
001
RECREATION REFUND
0.00
26.00
10100
127984
01/02/19
LOPEZALF
ALFA LOPEZ
0014096
REIMB-AD DBRW 2018
0.00
105.58
10100
127985
01/02/19
LOZANOSU
SUSAN LOZANO
001
FACILITY REFUND -DBC
0.00
100.00
10100
127986
01/02/19
MEDRANON
NEIL MEDRANO
001
FACILITY REFUND-PNTRA
0.00
100.00
10100
127987
01/02/19
LYONSNAN
NANCY LYONS
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
127988
01/02/19
KIDZLOVE
NORTH AMERICAN YOUTH ACT
0015350
CONTRACT CLASS -FALL
0.00
1,560.00
10100
127989
01/02/19
OTHMRAMA
RAMA OTHMAN
001
FACILITY REFUND -DBC
0.00
500.00
10100
127990
01/02/19
POSINMON
MONICA POSIN
001
RECREATION REFUND
0.00
13.00
10100
127991
01/02/19
PSI
PROTECTION ONE INC
0014093
ALARM SVCS-C/HALL
0.00
30.12
10100
127992
01/02/19
ROTARYWV
ROTARY CLUB OF WALNUT VA
001
FACILITY REFUND -DBC
0.00
750.00
10100
127993
01/02/19
SESAC
SESAC
0015350
LICENSE-CONCERTS/PARK
0.00
875.00
10100
127994
01/02/19
SHERWINW
SHERWIN WILLIAMS
0015333
SUPPLIES -DBC
0.00
141.58
10100
127995
01/02/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
119.44
10100
127995
01/02/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
71.65
10100
127995
01/02/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
425.76
10100
127995
01/02/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
266.43
10100
127995
01/02/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
LATE FEES
0.00
2.10
TOTAL
CHECK
0.00
885.38
10100
127996
01/02/19
ADELPHIA
SPECTRUM BUSINESS
0014070
INTERNET SVCS-C/HALL
0.00
84.70
10100
127996
01/02/19
ADELPHIA
SPECTRUM BUSINESS
0014070
PH.SVCS-DBC
0.00
103.83
10100
127996
01/02/19
ADELPHIA
SPECTRUM BUSINESS
0014070
PH.SVCS-C/HALL
0.00
583.16
10100
127996
01/02/19
ADELPHIA
SPECTRUM BUSINESS
0014070
INTERNET SVCS-C/HALL
0.00
1,040.00
TOTAL
CHECK
0.00
1,811.69
10100
127997
01/02/19
TYESTEVE
STEVE TYE
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
127998
01/02/19
SUQUINN
QUINN SU
001
RECREATION REFUND
0.00
13.00
10100
127999
01/02/19
TANOPOGI
GIA TANOPO
001
FACILITY REFUND -DBC
0.00
1,000.00
Packet Pg. 40
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX
PAGE NUMBER: 11
ACCTPA21
AMOUNT
10100
128000
01/02/19
TENNISAN
TENNIS ANYONE INC
0015350
CONTRACT CLASS -FALL
0.00
316.40
10100
128001
01/02/19
SCGAS
THE GAS COMPANY
0015556
GAS SVCS -HERITAGE
0.00
122.40
10100
128002
01/02/19
TREMCO
TREMCO
0015556
COMP ROOF MGMNT-S/CYN
0.00
337.00
10100
128003
01/02/19
TRIYPN
TRI COUNTIES YPN
001
FACILITY REFUND -DBC
0.00
113.00
10100
128004
01/02/19
TSAIMING
MING LING TSAI
001
RECREATION REFUND
0.00
26.00
10100
128005
01/02/19
VEGAHECT
HECTOR VEGA
001
RECREATION REFUND
0.00
13.00
10100
128006
01/02/19
VELKERRO
ROBERT VELKER
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
128007
01/02/19
VERIZONW
VERIZON WIRELESS
0014070
CELL CHRGS-PW,CS,CD
0.00
1,454.05
10100
128008
01/02/19
VILLCINT
CINTIA VILLAREAL
001
RECREATION REFUND
0.00
26.00
10100
128008
01/02/19
VILLCINT
CINTIA VILLAREAL
001
RECREATION REFUND
0.00
13.00
TOTAL
CHECK
0.00
39.00
10100
128009
01/02/19
WANGAPRI
APRIL WANG
001
RECREATION REFUND
0.00
13.00
10100
128010
01/02/19
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
SUPPLIES -CITY HALL
0.00
13.14
10100
128010
01/02/19
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
SUPPLIES -CITY HALL
0.00
77.29
10100
128010
01/02/19
WAXIESAN
WAXIE SANITARY SUPPLY
0015333
SUPPLIES -DBC
0.00
162.61
10100
128010
01/02/19
WAXIESAN
WAXIE SANITARY SUPPLY
0015333
SUPPLIES -DBC
0.00
514.49
10100
128010
01/02/19
WAXIESAN
WAXIE SANITARY SUPPLY
0014093
SUPPLIES -CITY HALL
0.00
740.26
TOTAL
CHECK
0.00
1,507.79
10100
128011
01/02/19
WENGJOE
JOE WENG
001
REIMB-CANDIDATE STMT
0.00
193.31
10100
128012
01/02/19
WONGJENN
JENNIE WONG
001
FACILITY REFUND -DBC
0.00
500.00
10100
128013
01/02/19
WUYICHEN
YICHEN WU
001
RECREATION REFUND
0.00
13.00
10100
128014
01/02/19
YANGANNI
ANNIE YANG
001
RECREATION REFUND
0.00
13.00
10100
128014
01/02/19
YANGANNI
ANNIE YANG
001
RECREATION REFUND
0.00
13.00
TOTAL
CHECK
0.00
26.00
10100
128015
01/02/19
YANGWENX
WEN XIN YANG
001
FACILITY REFUND -DBC
0.00
1,000.00
10100
128016
01/02/19
YOUNGJUN
JUNE YOUNG
001
RECREATION REFUND
0.00
13.00
10100
128018
01/09/19
AOS
ADVANCED OFFICE
0014070
COPIER SVCS-NOV/DEC
0.00
611.53
10100
128019
01/09/19
AFLAC
AFLAC
001
DEC 18-SUPP INS PREM
0.00
2,565.55
10100
128020
01/09/19
AGGCOMWE
AGRICULTURAL COM WGHTS &
0014431
COYOTE CONTROL SVCS
0.00
651.52
10100
128021
01/09/19
AGSINC
AMERICAN GUARD SERVICES
0014411
CROSSING GUARD SVCS
0.00
15,057.90
Packet Pg. 41
SUNGARD PENTAMATION
INC
PAGE NUMBER: 12
DATE:
01/09/2019
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
09:17:11
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between '20181213 00:00:00.000'
and '20190109 00:00:00.000'
ACCOUNTING PERIOD:
7/19
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
128022
01/09/19
AMERICOM
AMERICOMP GROUP
0014070
PRINTER MAINT-JAN-MAR
0.00
2,310.00
10100
128023
01/09/19
BEARSTAT
BEAR STATE AIR CONDITION
0015333
HVAC MAINT-DBC
0.00
623.00
10100
128023
01/09/19
BEARSTAT
BEAR STATE AIR CONDITION
0015333
HVAC MAINT-DBC
0.00
1,063.37
TOTAL
CHECK
0.00
1,686.37
10100
128024
01/09/19
EVERGREE
ROBYN A BECKWITH
0014093
PLANT MAINT-CITY HALL
0.00
325.00
10100
128024
01/09/19
EVERGREE
ROBYN A BECKWITH
0014093
PLANT MAINT-LIBRARY
0.00
107.00
10100
128024
01/09/19
EVERGREE
ROBYN A BECKWITH
0015333
POINTSETTIAS-DBC
0.00
200.00
10100
128024
01/09/19
EVERGREE
ROBYN A BECKWITH
0015556
PLANT MAINT-PARKS
0.00
135.00
TOTAL
CHECK
0.00
767.00
10100
128025
01/09/19
BESTLTG
BEST LIGHTING PRODUCTS
0015333
MAINT SVCS -DBC
0.00
163.63
10100
128025
01/09/19
BESTLTG
BEST LIGHTING PRODUCTS
1385538
MAINT SVCS -DIST 38
0.00
163.63
10100
128025
01/09/19
BESTLTG
BEST LIGHTING PRODUCTS
0014093
MAINT SVCS -CITY HALL
0.00
296.93
10100
128025
01/09/19
BESTLTG
BEST LIGHTING PRODUCTS
0015556
MAINT SVCS -PARKS
0.00
1,386.09
TOTAL
CHECK
0.00
2,010.28
10100
128026
01/09/19
CABRRACH
RACHELLE CABRERA
001
RECREATION REFUND
0.00
84.00
10100
128027
01/09/19
CHEMPROL
CHEM PRO LABORATORY INC
0014093
WATER TREATMNT SVCS
0.00
155.00
10100
128028
01/09/19
REINBERG
CNC PRINTWERKS
0014030
PRINT SVCS -BUS CARDS
0.00
186.15
10100
128029
01/09/19
DAVIDEVA
DAVID EVANS AND ASSOCIAT
2505510
LANDSCAPE SVCS -DEC 18
0.00
510.00
10100
128030
01/09/19
DELTADEN
DELTA DENTAL
001
JAN 19 -DENTAL PREM PR
0.00
4,908.68
10100
128031
01/09/19
DELTACAR
DELTA DENTAL INSURANCE C
001
JAN 19 -DENTAL PREM HM
0.00
405.38
10100
128032
01/09/19
DBFRIEND
DIAMOND BAR FRIENDS OF T
0114010
DB ANNL WINE SOIREE
0.00
2,000.00
10100
128033
01/09/19
DISCOVER
DISCOVERY SCIENCE CENTER
1155515
CONTRACT SVCS -DEC 18
0.00
1,515.80
10100
128034
01/09/19
DKS
DKS ASSOCIATES
1185098
ENG SVCS -CASTLE ROCK
0.00
8,698.00
10100
128035
01/09/19
DMPR4LLC
DMPR 4 LLC
0014030
STORAGE RENTAL -JAN 19
0.00
1,775.00
10100
128036
01/09/19
DOGGIEWA
DOGGIE WALK BAGS INC
1155515
SUPPLIES -DOGGIE BAGS
0.00
1,119.10
10100
128037
01/09/19
ECOFERTI
ECOFERT INC
0015556
FERTIGATION SVCS -DEC
0.00
290.00
10100
128038
01/09/19
EWING
EWING
0015556
SUPPLIES -CITY HALL
0.00
360.01
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
PEST CONTROL-PANTERA
0.00
30.00
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
PEST CONTROL -HERITAGE
0.00
40.00
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
PEST CONTROL -PETERSON
0.00
50.00
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
RODENT SVCS-C/HALL
0.00
65.00
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
PEST CONTROL -DBC
0.00
75.00
10100
128039
01/09/19
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
PEST CONTROL-C/HALL
0.00
80.00
TOTAL
CHECK
0.00
340.00
Packet Pg. 42
SUNGARD PENTAMATION
INC
PAGE NUMBER: 13
DATE:
01/09/2019
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
09:17:11
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between '20181213 00:00:00.000'
and '20190109 00:00:00.000'
ACCOUNTING PERIOD:
7/19
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
128040
01/09/19
FEHRPEER
FEHR & PEERS
0015551
SR 57/60 PROJ SUPPORT
0.00
1,660.84
10100
128041
01/09/19
GATEWAYC
GATEWAY CORPORATE CENTER
0014093
CAPITAL CONTRIBUTION
0.00
173.42
10100
128041
01/09/19
GATEWAYC
GATEWAY CORPORATE CENTER
0014093
ASSOCIATION DUES
0.00
1,551.18
TOTAL
CHECK
0.00
1,724.60
10100
128042
01/09/19
GOODYEAR
GOOD YEAR AUTO SERVICE C
5205556
VEH MAINT-P/WORKS
0.00
199.99
10100
128043
01/09/19
GJSINC
GUARANTEED JANITORIAL SE
0015556
JANITORIAL SVCS-PKS
0.00
1,358.95
10100
128043
01/09/19
GJSINC
GUARANTEED JANITORIAL SE
0015333
JANITORIAL SVCS -DBC
0.00
3,868.20
10100
128043
01/09/19
GJSINC
GUARANTEED JANITORIAL SE
0014093
JANITORIAL SVCS-C/H L
0.00
6,874.46
TOTAL
CHECK
0.00
12,101.61
10100
128044
01/09/19
HARDYHAR
HARDY & HARPER INC
2505510
CONST AREA 6 RESIDENT
0.00
1,169,506.89
10100
128044
01/09/19
HARDYHAR
HARDY & HARPER INC
250
RETENTIONS PAYABLE
0.00
-58,475.34
TOTAL
CHECK
0.00
1,111,031.55
10100
128045
01/09/19
HOFFMANS
HOFFMAN SOUTHWEST CORP
0015554
MAINT SVCS-B/CYN
0.00
400.00
10100
128046
01/09/19
IVHS
HUMANE SOCIETY OF POMONA
0014431
ANIMAL CARE & CONTROL
0.00
14,765.08
10100
128047
01/09/19
JOEGONSA
JOE A. GONSALVES & SON I
0014030
LEGISLATIVE SVCS -JAN
0.00
3,000.00
10100
128048
01/09/19
JOHNLHUN
JOHN L HUNTER & ASSOC. I
0015510
PROF.SVCS-STORMWATER
0.00
3,862.42
10100
128049
01/09/19
KANGMIN
MIN KANG
001
RECREATION REFUND
0.00
1,565.00
10100
128049
01/09/19
KANGMIN
MIN KANG
001
CHECK REISSUED FEES
0.00
-25.00
TOTAL
CHECK
0.00
1,540.00
10100
128050
01/09/19
LACASSES
LOS ANGELES COUNTY ASSES
0014070
SBF ABSTRACT DATA -GIS
0.00
64.00
10100
128051
01/09/19
LACPUBWK
LOS ANGELES COUNTY PUBLI
0015554
INSPECTION SVCS -OCT
0.00
84.70
10100
128051
01/09/19
LACPUBWK
LOS ANGELES COUNTY PUBLI
0015554
INSPECTION SVCS-NOV
0.00
1,052.01
10100
128051
01/09/19
LACPUBWK
LOS ANGELES COUNTY PUBLI
0015556
SUMP PUMP MAINT-NOV
0.00
869.45
TOTAL
CHECK
0.00
2,006.16
10100
128052
01/09/19
LOWES
LOWE'S BUSINESS ACCOUNT
0014093
SUPPLIES -CITY HALL
0.00
153.67
10100
128053
01/09/19
MAGNUSIN
MAGNUS INTERNATIONAL
0014030
INTREPRETING SVCS
0.00
160.00
10100
128054
01/09/19
MANAGEDH
MANAGED HEALTH NETWORK
001
JAN 19 -EAP PREMIUM
0.00
146.40
10100
128055
01/09/19
MCECORPO
MCE CORPORATION
1385538
LANDSCAPE SVCS-# 38
0.00
5,002.00
10100
128055
01/09/19
MCECORPO
MCE CORPORATION
1415541
LANDSCAPE SVCS-# 41
0.00
5,673.00
10100
128055
01/09/19
MCECORPO
MCE CORPORATION
1395539
LANDSCAPE SVCS-# 39
0.00
17,373.00
TOTAL
CHECK
0.00
28,048.00
10100
128056
01/09/19
MNSENGIN
MNS ENGINEERS INC
2505510
DESIGN SVCS-DBB OCT
0.00
1,002.50
10100
128057
01/09/19
MOBILERE
MOBILE RELAY ASSOCIATES
0014440
REPEATER SVCS -JAN 19
0.00
78.75
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015510
SUPPLIES-P/WORKS
0.00
62.71
Packet Pg. 43
SUNGARD PENTAMATION INC PAGE NUMBER: 14
DATE: 01/09/2019 CITY OF DIAMOND BAR ACCTPA21
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
Packet Pg. 44
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015310
SUPPLIES-REC
0.00
53.02
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015333
SUPPLIES -DBC
0.00
143.34
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014093
SUPPLIES -CITY HALL
0.00
157.33
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014095
SUPPLIES-P/INFO
0.00
194.15
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015210
SUPPLIES-PLNG/BLDG
0.00
218.08
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015333
SUPPLIES -DBC
0.00
258.84
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014030
SUPPLIES-CMGR
0.00
1,000.63
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014030
SUPPLIES-CMGR
0.00
977.28
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014050
SUPPLIES -FINANCE
0.00
285.05
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014060
SUPPLIES-H/R
0.00
295.21
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015350
SUPPLIES-REC
0.00
345.89
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0014050
MEMO CREDIT
0.00
-18.51
10100
128058
01/09/19
OFFICESO
OFFICE SOLUTIONS
0015350
MEMO CREDIT
0.00
-28.33
TOTAL
CHECK
0.00
3,944.69
10100
128059
01/09/19
PENCOENG
PENCO ENGINEERING INC
0015551
PROF.SVCS-GRADING
0.00
300.55
10100
128059
01/09/19
PENCOENG
PENCO ENGINEERING INC
0015551
PROF.SVCS-GRADING
0.00
289.91
10100
128059
01/09/19
PENCOENG
PENCO ENGINEERING INC
0015551
PROF.SVCS-GRADING
0.00
298.71
10100
128059
01/09/19
PENCOENG
PENCO ENGINEERING INC
0015551
PROF.SVCS-GRADING
0.00
316.60
10100
128059
01/09/19
PENCOENG
PENCO ENGINEERING INC
0015551
PROF.SVCS-GRADING
0.00
370.36
TOTAL
CHECK
0.00
1,576.13
10100
128060
01/09/19
PSI
PROTECTION ONE INC
0015556
ALARM SVCS -HERITAGE
0.00
172.50
10100
128061
01/09/19
PUBLICST
PUBLIC STORAGE #23051
0014030
STORAGE RENTAL -JAN
0.00
421.00
10100
128062
01/09/19
SIEMENS
SIEMENS INDUSTRY INC
0015554
INSTALLED CCTV-DBB/PF
0.00
1,795.00
10100
128062
01/09/19
SIEMENS
SIEMENS INDUSTRY INC
0015554
T/SIGNAL MAINT-NOV 18
0.00
4,554.00
10100
128062
01/09/19
SIEMENS
SIEMENS INDUSTRY INC
0015554
TYPE III SVCS-PALOMIN
0.00
5,035.00
10100
128062
01/09/19
SIEMENS
SIEMENS INDUSTRY INC
0015554
C/WIDE T/SIGNAL C/OUT
0.00
5,514.02
TOTAL
CHECK
0.00
16,898.02
10100
128063
01/09/19
SIMPSONA
SIMPSON ADVERTISING INC
0014095
GRAPHIC DESIGN SVCS
0.00
1,575.00
10100
128063
01/09/19
SIMPSONA
SIMPSON ADVERTISING INC
0014095
GRAPHIC DESIGN SVCS
0.00
6,940.00
TOTAL
CHECK
0.00
8,515.00
10100
128064
01/09/19
SCAQMD
SO COAST AIR QUALITY MGT
0014030
AQMD FACILITIES LEASE
0.00
2,377.36
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
2,695.85
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015556
ELECT SVCS -PARKS
0.00
3,357.44
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
LATE FEES
0.00
0.88
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
1395539
ELECT SVCS -DIST 39
0.00
972.54
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
886.52
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
1415541
ELECT SVCS -DIST 41
0.00
224.67
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
217.41
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS -DIST 38
0.00
54.49
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS -DIST 38
0.00
25.83
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
82.34
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
91.37
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
97.43
10100
128065
01/09/19
SCE
SOUTHERN CALIFORNIA EDIS
0015554
ELECT SVCS-T/CONTROL
0.00
129.93
TOTAL
CHECK
0.00
8,836.70
Packet Pg. 44
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX
PAGE NUMBER: 15
ACCTPA21
AMOUNT
10100
128066
01/09/19
SPARKLET
SPARKLETTS
0015556
WATER SUPPLIES-S/CYN
0.00
31.47
10100
128066
01/09/19
SPARKLET
SPARKLETTS
0014030
WATER SUPPLIES-C/HALL
0.00
275.24
10100
128066
01/09/19
SPARKLET
SPARKLETTS
0014030
EQ RENTAL-C/HALL
0.00
3.99
10100
128066
01/09/19
SPARKLET
SPARKLETTS
0015556
ENERGY SURCHARGE
0.00
5.21
10100
128066
01/09/19
SPARKLET
SPARKLETTS
0015556
EQ RENTAL-S/CYN
0.00
12.00
TOTAL
CHECK
0.00
327.91
10100
128067
01/09/19
ADELPHIA
SPECTRUM BUSINESS
0014070
CABLE SVCS-B/CYN PK
0.00
259.98
10100
128068
01/09/19
STANDARD
STANDARD INSURANCE COMPA
001
JAN 19-STD/LTD INS PR
0.00
1,977.68
10100
128068
01/09/19
STANDARD
STANDARD INSURANCE COMPA
001
JAN 19 -LIFE INS PREM
0.00
912.03
10100
128068
01/09/19
STANDARD
STANDARD INSURANCE COMPA
001
JAN 19-SUPP LIFE INS
0.00
789.00
TOTAL
CHECK
0.00
3,678.71
10100
128069
01/09/19
STERICYC
STERICYCLE INC
1155515
WASTE PICK UP -DBC
0.00
290.38
10100
128070
01/09/19
SURPLUST
SURPLUS TWO WAY RADIOS
0015333
SUPPLIES -DBC
0.00
191.34
10100
128071
01/09/19
SWRCB
SWRCB ACCOUNTING OFFICE
0015510
ANNL PERMIT FEE-WDR
0.00
21,344.00
10100
128072
01/09/19
TELEPACI
TPX COMMUNICATIONS
0014070
T1 INTERNET SVCS -JAN
0.00
940.61
10100
128073
01/09/19
TRAGULTU
JIRAPORN TRAGULTUNGPISAR
001
RECREATION REFUND
0.00
89.00
10100
128074
01/09/19
TRANE
TRANE SERVICE GROUP INC
250
RETENTIONS PAYABLE
0.00
19,026.65
10100
128075
01/09/19
TRIYPN
TRI COUNTIES YPN
001
FACILITY REFUND -DBC
0.00
200.00
10100
128076
01/09/19
TRIYPN
TRI COUNTIES YPN
001
FACILITY REFUND -DBC
0.00
1,000.00
10100
128076
01/09/19
TRIYPN
TRI COUNTIES YPN
001
FACILITY REFUND -DBC
0.00
16.50
TOTAL
CHECK
0.00
1,016.50
10100
128077
01/09/19
USHEALTH
US HEALTHWORKS MEDICAL G
0014060
PRE-EMPLYMNT PHYSICAL
0.00
239.00
10100
128078
01/09/19
VSP
VISION SERVICE PLAN
001
JAN 19 -VISION PREMIUM
0.00
2,018.96
10100
128079
01/09/19
WVWATER
WALNUT VALLEY WATER DIST
0014440
ELECTRICAL POWER-E/C
0.00
250.00
10100
128079
01/09/19
WVWATER
WALNUT VALLEY WATER DIST
0014440
ANNL RENT-EASTGATE
0.00
150.00
TOTAL
CHECK
0.00
400.00
10100
128080
01/09/19
WESTCOAS
WEST COAST ARBORISTS INC
0015558
TREE MAINT SVCS -DEC
0.00
19,934.00
10100
128081
01/09/19
PAETECCO
WINDSTREAM
0014070
TRUNKLINE SVCS-C/HALL
0.00
1,872.49
10100
PP25/18
12/13/18
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
12/14/18-P/R DEDUCTION
0.00
39,187.98
10100
PP25/18
12/13/18
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
12/14/18 -LOAN DEDUCTIO
0.00
3,955.84
TOTAL
CHECK
0.00
43,143.82
10100
PP26/18
12/28/18
TASC
TASC
001
12/28/18 FLEX SPENDING
0.00
1,460.70
10100
PP26-18
12/28/18
PERSRETI
PERS RETIREMENT FUND
001
12/8-12/21 RETIRMNT CO
0.00
3,016.04
Packet Pg. 45
SUNGARD PENTAMATION
INC
PAGE NUMBER: 16
DATE:
01/09/2019
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
09:17:11
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between '20181213 00:00:00.000'
and '20190109 00:00:00.000'
ACCOUNTING PERIOD:
7/19
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
PP26-18
12/28/18
PERSRETI
PERS RETIREMENT FUND
001
12/8-12/21 RETIRMNT CO
0.00
27,745.06
10100
PP26-18
12/28/18
PERSRETI
PERS RETIREMENT FUND
001
12/8-12/21 RETIRMNT CO
0.00
52.08
TOTAL
CHECK
0.00
30,813.18
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
001
P/R TRANSFER-25/PP 18
0.00
229,059.64
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
112
P/R TRANSFER-25/PP 18
0.00
5,197.12
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
113
P/R TRANSFER-25/PP 18
0.00
2,481.39
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
115
P/R TRANSFER-25/PP 18
0.00
16,956.22
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
138
P/R TRANSFER-25/PP 18
0.00
1,555.99
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
139
P/R TRANSFER-25/PP 18
0.00
898.28
10100
18 -PP 25
12/13/18
PAYROLL
PAYROLL TRANSFER
141
P/R TRANSFER-25/PP 18
0.00
898.28
TOTAL
CHECK
0.00
257,046.92
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
001
PR TRANSFER PP 26/18
0.00
199,906.56
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
112
PR TRANSFER PP 26/18
0.00
2,880.35
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
113
PR TRANSFER PP 26/18
0.00
2,659.28
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
115
PR TRANSFER PP 26/18
0.00
11,504.52
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
138
PR TRANSFER PP 26/18
0.00
1,212.14
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
139
PR TRANSFER PP 26/18
0.00
704.76
10100
26/18 -PP
12/28/18
PAYROLL
PAYROLL TRANSFER
141
PR TRANSFER PP 26/18
0.00
704.76
TOTAL
CHECK
0.00
219,572.37
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
1155515
SUPPLIES
0.00
20.14
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0014050
SUPPLIES
0.00
8.00
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0014050
MILEAGE
0.00
18.97
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0014050
MILEAGE
0.00
17.50
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0014096
SUPPLIES
0.00
143.49
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0014440
MILEAGE
0.00
25.07
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0015510
PARKING/MTG
0.00
30.00
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0015551
MEETING
0.00
20.00
10100
PC121918
12/19/18
PETTYCAS
PETTY CASH/DIANNA HONEYW
0015510
PARKING
0.00
20.00
TOTAL
CHECK
0.00
303.17
10100
PP 25/18
12/13/18
TASC
TASC
001
P/R DEDUCTIONS -FLEX SP
0.00
1,458.88
10100
PP 26/18
12/28/18
PERSRETI
PERS RETIREMENT
001
12/1-12/31 RETIRMNT CO
0.00
293.01
10100
PP 26/18
12/28/18
PERSRETI
PERS RETIREMENT
001
12/1-12/31 RETIRMNT CO
0.00
237.12
10100
PP 26/18
12/28/18
PERSRETI
PERS RETIREMENT
001
12/1-12/31 RETIRMNT CO
0.00
10.00
TOTAL
CHECK
0.00
540.13
10100
PP -25/18
12/13/18
PERSRETI
PERS RETIREMENT FUND
001
RETIRE CONTRIB-PEPRA
0.00
3,063.00
10100
PP -25/18
12/13/18
PERSRETI
PERS RETIREMENT FUND
001
RETIRE CONTRIB-EE
0.00
28,505.41
10100
PP -25/18
12/13/18
PERSRETI
PERS RETIREMENT FUND
001
SURVIVOR BENEFIT
0.00
53.94
TOTAL
CHECK
0.00
31,622.35
10100
PP -26/18
12/28/18
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
DEF COMP CONTRIBUTIONS
0.00
6,717.85
10100
PP -26/18
12/28/18
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
DEF COMP LOANS
0.00
3,955.84
TOTAL
CHECK
0.00
10,673.69
TOTAL
CASH ACCOUNT
0.00
2,922,747.11
TOTAL
FUND
0.00
2,922,747.11
Packet Pg. 46
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
FUND/DIVISION -----DESCRIPTION------ SALES TAX
PAGE NUMBER: 17
ACCTPA21
AMOUNT
Packet Pg. 47
SUNGARD PENTAMATION INC
DATE: 01/09/2019 CITY OF DIAMOND BAR
TIME: 09:17:11 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20181213 00:00:00.000' and '20190109 00:00:00.000'
ACCOUNTING PERIOD: 7/19
FUND - 370 - PFA - DEBT SERVICE FD
CASH ACCT CHECK NO ISSUE DT VENDOR NAME
10100 128017 01/02/19 UNIONBAN UNION BANK
TOTAL CASH ACCOUNT
TOTAL FUND
TOTAL REPORT
FUND/DIVISION -----DESCRIPTION-----
3704090 ANNL ADMIN FEE -DEC -NV
PAGE NUMBER: 18
ACCTPA21
- SALES TAX
AMOUNT
0.00
3,285.00
0.00
3,285.00
0.00
3,285.00
0.00
2,926,032.11
Packet Pg. 48
6.4
Agenda #: 6.4
Meeting Date: January 15, 2019
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager LF
TITLE: TREASURER'S STATEMENT FOR NOVEMBER 2018.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact.
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for
the City Council's review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City's Investment Policy.
;a:74:7_1:7=1III W1F
ezam Ar /�Iffla Iffir
or ACOUI Rdl 1/15/2019
Attachments:
1. 6.4.a November 2018 Treasurer's Report
Packet Pg. 49
2. 6.4.b November 2018 Investment Portfolio
6.4
Packet Pg. 50
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF NOVEMBER 30, 2018
BEGINNING CASH BALANCE
$365,237.70
$32,699,086.78
CASH RECEIVED
Change Fund
$1,400.00
Cash Receipts
$1,960,425.92
Parking Account Minimum
Total Cash Received
Cash With Fiscal Agent
$1,960,425.92
Cash With OPEB Trust
$240,629.80
$34,659,512.70
EXPENDITURES
Total Active Funds
$903,305.61
Checks Written
($1,183,632.33)
Federal Credit Union
Payroll & Pers Transfers
(536,516.98)
$4,715,258.43
Wire Transfers
(275,448.07)
Federal Agency Callable
Returned Checks
0.00
$9,364,000.00
Charge Card Fees & Other Adjustments
(4,308.57)
Wells Fargo Advantage Money Market Fund
Total Expenditures
Total Investment Funds
($1,999,905.95)
CASH BALANCE AS OF: NOVEMBER 30, 2018
$32,659,606.75
TOTAL CASH BREAKDOWN
Active Funds
General Account
$365,237.70
Payroll Account
$49,324.31
Change Fund
$1,400.00
Petty Cash Account
$500.00
Parking Account Minimum
$250.00
Cash With Fiscal Agent
$207,453.44
Cash With OPEB Trust
$240,629.80
Amount Unamortized on Investments
$38,510.36
Total Active Funds
$903,305.61
Investment Funds:
Federal Credit Union
$992,000.00
Local Agency Investment Fund
$4,715,258.43
Corporate Notes
$3,469,748.73
Federal Agency Callable
$6,970,081.08
Bank Negotiable CDs
$9,364,000.00
Municipal Bonds
$6,245,212.90
Wells Fargo Advantage Money Market Fund
$0.00
Total Investment Funds
31.756.301.14
CASH BALANCE AS OF: NOVEMBER 30, 2018 $32,659,606.75
Fiscal Year -To -Date Effective Rate of Return 1.98%
Fiscal Year -To -Date Interest Earnings $268,635.63
FY2018-19 Budgeted Annual Interest Earnings $555,350.00
6.4.a
Packet Pg. 51
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
November 30, 2018
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD
$992,000.00
3.12%
1,278
844
2.488
Local Agency Investment Fund
$4,715,258.43
14.85%
1
1
2.208
Corporate Notes
$3,469,748.73
10.93%
1,542
981
2.171
Federal Agency Issues - Callable
$6,970,081.08
21.95%
1,803
524
1.976
Negotiable CD's - Banks
$9,364,000.00
29.49%
1,729
961
1.990
Municipal Bonds
$6,245,212.90
19.67%
1,532
665
1.914
Wells Fargo Sweep Account
$0.00
0.00%
0
0
0.000
Total Investments and Averages
TOTAL INTEREST EARNED
Daniel Fox
City Treasurer
12/28/2018
Date
31,756,301.14 100.00% 1,416
MONTH ENDING
November 30, 2018
$53,040.24
FISCAL YEAR-TO-DATE
2018-19
$268,635.63
I certify that this report accurately reflects all City pooled investments
and is in conformity with the investment policy of the City of Diamond Bar
approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
Page 1
Packet Pg. 52
Investments
Par Market Book % of Days to YTM/C
Value Value Value Portfolio Term Maturity
Federal Credit Union CD
6.4.b
980,865.79
City of Diamond Bar
City of Diamond Bar
21810 Copley Drive
Portfolio Management
Diamond Bar, CA
(909)839-7053
I'
Portfolio Summary
f.
November 30, 2018
j
Par Market Book % of Days to YTM/C
Value Value Value Portfolio Term Maturity
Federal Credit Union CD
992,000.00
980,865.79
992,000.00
3.12
1,278
844
2.488
Local Agency Investment Funds
4,715,258.43
4,705,037.65
4,715,258.43
14.85
1
1
2.208
Corporate Notes
3,500,000.00
3,394,588.50
3,469,748.73
10.93
1,542
981
2.171
Federal Agency Callable
7,000,000.00
6,818,850.25
6,970,081.08
21.95
1,803
524
1.976
Negotiable CD
9,364,000.00
9,113,312.60
9,364,000.00
29.49
1,729
961
1.990
Municipal Bonds
6,223,553.07
6,112,880.82
6,245,212.90
19.67
1,532
665
1.914
31,794,811.50
31,125,535.61
31,756,301.14
100.00%
1,416
663
2.040
Investments
Total Earnings
November 30 Month Ending
Fiscal Year To Date
Current Year
53,040.24
268,635.63
Average Daily Balance
31,912,007.30
32,333,464.36
Effective Rate of Return
2.02%
1.98%
Dianna Honeywell, Financve Director
Reporting period 11/01/2018-11/30/2018
Run Date: 12/28/2018 - 16:03
Portfolio POOL
AP
PM (PRF_PM1) 7.3.0
Report Ver- 7.3.3b
Packet Pg. 53
6.4.b
City of Diamond Bar
Run Date: 12/28/2018 -16:03
Portfolio POOL j
AP
PM (PRF_PM2) 7.3 .0
Packet Pg. 54
Portfolio Management
Page 1
Portfolio Details - Investments
November 30, 2018
Average
Purchase
Stated
Days to
YTMIC Maturity
CUSIP
Investment # Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
Term
Maturity
Date
Federal Credit Union
CD
00832KAB5
10217
Affinity Federal Credit Union
07/13/2018
248,000.00
248,116.06
248,000.00
2.550
364
223
2.550 07/12/2019
CFCU2099
10144
Citadel Federal Credit Union
01/26/2016
248,000.00
248,000.00
248,000.00
2.050
1,827
787
2.050 01/26/2021
33715LBL3
10215
First Tech Fed Credit Union
06/14/2018
248,000.00
247,138.70
248,000.00
3.050
1,096
926
3.050 06/14/2021
62384RACO
10207
Mountain Amer Fed Cr Union
11/08/2017
248,000.00
237,611.03
248,000.00
2.300
1,826
1,438
2.300 11/08/2022
Subtotal and Average 992,000.00
992,000.00
980,865.79
992,000.00
1,278
844
2.488
Local Agency Investment Funds
LAIF
10028
Local Agency Investment Fund
4,715,258.43
4,705,037.65
4,715,258.43
2.208
1
1
2.208
Subtotal and Average 4,918,591.76
4,715,258.43
4,705,037.65
4,715,258.43
1
1
2.208
Corporate Notes
037833BS8
10148
Apple Inc
03/01/2016
500,000.00
490,091.00
503,132.81
2.250
1,820
815
1.953 02/23/2021
037833AY6
10186
Apple Inc
02/09/2017
250,000.00
241,062.25
248,166.39
2.150
1,826
1,166
2.395 02/09/2022
166764BG4
10187
Chevron Corp., Corporate Bond
02/08/2017
500,000.00
486,080.50
498,273.73
2.100
1,558
897
2.248 05/16/2021
166764AB6
10214
Chevron Corp., Corporate Bond
05/30/2018
500,000.00
477,794.50
486,137.60
2.355
1,650
1,374
2.355 12/05/2022
594918BP8
10172
—Microsoft Corp
09/02/2016
500,000.00
480,611.50
500,871.17
1.550
1,801
950
1.482 08/08/2021
594918BN3
10208
Microsoft Corp
12/14/2017
500,000.00
494,073.00
497,816.92
1.100
602
250
1.748 08/08/2019
89236TCZ6
10200
Toyota MTR Credit Corp
06/01/2017
250,000.00
242,538.75
249,420.01
1.900
1,407
859
2.003 04/08/2021
931142DH3
10216
Walmart Inc.
06/27/2018
500,000.00
482,337.00
485,930.10
2.550
1,749
1,592
3.251 04/11/2023
Subtotal and Average 3,469,359.90
3,500,000.00
3,394,588.50
3,469,748.73
1,542
981
2.171
Federal Agency Callable
3133EGAZ8
10156
Federal Farm Credit Bank
05/17/2016
500,000.00
485,444.50
500,000.00
1.580
1,737
809
1.580 02/17/2021
3133EGLU7
10166
Federal Farm Credit Bank
07/14/2016
500,000.00
481,842.50
499,869.03
1.480
1,826
956
1.490 07/14/2021
3133EJDLO
10220
Federal Farm Credit Bank
11/29/2018
500,000.00
495,706.00
497,502.79
3.150
1,818
1,816
3.260 11/21/2023
313381G82
10118
Federal Home Loan Bank
07/13/2015
250,000.00
246,430.50
249,348.68
1.385
1,620
383
1.643 12/19/2019
313OA7WW1
10155
Federal Home Loan Bank
05/25/2016
500,000.00
491,165.00
500,000.00
1.500
1,826
86
1.250 05/25/2021
313OA82K8
10219
Federal Home Loan Bank
08/13/2018
500,000.00
475,411.50
480,224.88
2.000
1,744
1,634
2.953 05/23/2023
3134G7S77
10133
Federal Home Loan Mtg Corp
10/29/2015
500,000.00
495,765.00
500,000.00
1.500
1,827
59
1.125 10/29/2020
3134G9XD4
10163
Federal Home Loan Mtg Corp
06/30/2016
500,000.00
489,871.00
500,000.00
1.250
1,826
29
1.250 06/30/2021
3134GBAE2
10189
Federal Home Loan Mtg Corp
03/29/2017
500,000.00
485,410.50
497,437.61
2.000
1,826
28
2.397 03/29/2022
3134GSCFO
10210
Federal Home Loan Mtg Corp
01/31/2018
500,000.00
491,439.00
499,167.22
2.125
1,825
1,521
3.064 01/30/2023
3134GSDJ1
10211
Federal Home Loan Mtg Corp
03/08/2018
500,000.00
495,247.00
498,720.39
2.875
1,818
89
3.190 02/28/2023
3135GOSYO
10141
Federal National Mtg Assn
01/20/2016
500,000.00
486,468.50
499,476.47
1.600
1,800
23
1.688 12/24/2020
3136G3JY2
10152
Federal National Mtg Assn
05/03/2016
500,000.00
484,412.00
499,396.24
1.500
1,821
58
1.586 04/28/2021
Run Date: 12/28/2018 -16:03
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City of Diamond Bar
Portfolio Management Page 2
Portfolio Details - Investments
November 30, 2018
Packet Pg. 55
Average
Purchase
Stated
Days to
YTM/C Maturity
CUSIP
Investment # Issuer Balance
Date
Par Value
Market Value
Book Value
Rate
Term Maturity
Date
Federal Agency Callable
3136G3ZY4
10167
Federal National Mtg Assn
07/27/2016
250,000.00
238,954.25
249,734.44
1.300
1,826
57
1.382 07/27/2021
3136G3XF7
10168
Federal National Mtg Assn
07/27/2016
500,000.00
475,283.00
499,203.33
1.250
1,826
57
1.372 07/27/2021
Subtotal and Average 6,922,119.25
7,000,000.00
6,818,850.25
6,970,081.08
1,803
524
1.976
Negotiable CD
01859BAA3
10206
Alliance Credit Union, CD
10/13/2017
247,000.00
236,551.41
247,000.00
2.250
1,826
1,412
2.251 10/13/2022
02006LL84
10174
Ally Bank UT
09/08/2016
248,000.00
245,207.02
248,000.00
1.350
1,096
282
1.161 09/09/2019
020080AV9
10130
Alma Bank Astoria NY
10/01/2015
249,000.00
247,135.49
249,000.00
1.700
1,460
303
1.701 09/30/2019
02587DQ84
10192
American Express Bank
04/26/2017
247,000.00
238,121.83
247,000.00
2.400
1,826
1,242
2.401 04/26/2022
02587CEM8
10195
American Express Bank
05/03/2017
247,000.00
237,636.97
247,000.00
2.350
1,826
1,249
2.351 05/03/2022
05765LALl
10194
Balboa Thrift & Loan
04/28/2017
248,000.00
237,309.96
248,000.00
2.000
1,826
1,244
2.000 04/28/2022
06740KKD8
10204
Barclays Bank
07/12/2017
247,000.00
237,165.70
247,000.00
2.200
1,826
1,319
2.201 07/12/2022
06062QWG5
10179
Bank of Baroda
10/31/2016
248,000.00
239,657.03
248,000.00
1.450
1,460
699
1.450 10/30/2020
05580AGE8
10188
BMW Bank
02/17/2017
248,000.00
239,330.91
248,000.00
2.150
1,826
1,174
2.151 02/17/2022
140420XR6
10151
Capital One Bank
04/06/2016
248,000.00
240,922.08
248,000.00
1.700
1,826
857
1.701 04/06/2021
14042RFLO
10196
Capital One Bank
05/10/2017
247,000.00
238,659.80
247,000.00
2.300
1,826
1,256
2.301 05/10/2022
17312QJ67
10213
CIT Bank
04/24/2018
248,000.00
242,978.74
248,000.00
3.000
1,826
1,605
3.002 04/24/2023
20033AUB0.
10198
Comenity Capital Bank
05/31/2017
248,000.00
239,767.89
248,000.00
2.350
1,826
1,277
2.350 05/31/2022
254672X37
10182
Discover Bank
12/21/2016
248,000.00
239,956.12
248,000.00
2.150
1,826
1,116
2.151 12/21/2021
29266NG84
10107
EnerBank USA
01/29/2015
248,000.00
247,682.56
248,000.00
1.400
1,461
59
1.400 01/29/2019
87270LAJ2
10205
Everbank/Jacksonville FL
08/16/2017
247,000.00
236,765.31
247,000.00
2.200
1,826
1,354
2.201 08/16/2022
319141GL5
10202
First Bank of Highland Park
06/21/2017
247,000.00
236,588.95
247,000.00
2.100
1,826
1,298
2.101 06/21/2022
33767AVK4
10146
First Bank Puerto Rico
02/12/2016
248,000.00
241,195.62
248,000.00
1.850
1,827
804
1.850 02/12/2021
308863AH2
10147
Farmers & Merch Savings Bank
02/29/2016
248,000.00
241,503.64
248,000.00
1.550
1,824
818
1.552 02/26/2021
38148J6M8
10142
Goldman Sachs Bank
01/27/2016
248,000.00
241,151.48
248,000.00
2.100
1,827
788
2.102 01/27/2021
06251AK25
10131
Bank of Hapoalim NY
10/09/2015
245,000.00
240,324.18
245,000.00
2.000
1,827
678
2.002 10/09/2020
40434YBK2
10171
HSBC Bank USA
08/31/2016
248,000.00
248,000.00
248,000.00
2.613
1,826
1,004
2.190 08/31/2021
45581EAS0 .,
10212
Indust & Comm Bank China
03/29/2018
248,000.00
242,119.67
248,000.00
2.900
1,826
1,579
2.902 03/29/2023
8562845Z3
10184
State Bank of India
01/26/2017
248,000.00
241,045.58
— 248,000.00
2.350
1,826
1,152
2.351 01/26/2022
48126XLB9
10181
JP Morgan Chase
11/18/2016
248,000.00
235,634.47
248,000.00
1.800
1,826
1,083
1.800 11/18/2021
538036CF9
10145
Live Oak Banking Ccompany
02/11/2016
248,000.00
245,494.46
248,000.00
1.500
1,460
436
1.468 02/10/2020
5840366132
10199
Medallion Bank
06/09/2017
248,000.00
238,034.62
248,000.00
2.150
1,826
1,286
2.150 06/09/2022
58733ACY3.
10160
Mercantil Commerce Bank
06/24/2016
248,000.00
238,319.32
248,000.00
1.650
1,826
936
1.651 06/24/2021
59013JJB6
10126
Merrick Bank
09/21/2015
248,000.00
244,524.53
248,000.00
1.850
1,827
660
1.850 09/21/2020
61747MH95
10209
Morgan Stanley Bank
02/01/2018
246,000.00
238,200.82
246,000.00
2.650
1,826
1,523
2.651 02/01/2023
Portfolio POOL
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Packet Pg. 55
City of Diamond Bar
Portfolio Management
Portfolio Details - Investments
November 30, 2018
Average Purchase
CUSIP Investment # Issuer Balance Date Par Value Market Value
W1
Page 3
Stated Days to YTM/C Maturity
Book Value Rate - Term Maturity Date
Negotiable CD
57116AMX3
10178
Marlin Business Bank
10/28/2016
248,000.00/
244,447.90
248,000.00
1.250
1,095
331
1.250 10/28/2019
68621KAY7
10197
Oriental Bank & Trust
05/24/2017
248,000.00
244,115.58
248,000.00
1.850
1,098
542
1.852 05/26/2020
71270QLS3
10105
People's United Bank
01/28/2015
248,000.00
246,224.57
248,000.00
1.750
1,826
423
1.751 01/28/2020
74267GVBO
10153
Privatebank & Trust Co - CD
05/06/2016
248,000.00
239,738.13
248,000.00
1.500
1,826
887
1.501 05/06/2021
795450ZW8
10190
Sallie Mae Bank
03/22/2017
247,000.00
239,542.33
247,000.00
2.350
1,826
1,207
2.351 03/22/2022
87164XPG5
10185
Synchrony Bank
02/03/2017
248,000.00
240,225.94
248,000.00
2.250
1,826
1,160
2.251 02/03/2022
94986TYT8.
10154
Wells Fargo
05/10/2016
248,000.00
244,783.19
248,000.00
1.300
1,826
891
1.301 05/10/2021
981571 BD3
10113
World's Foremost Bank
05/13/2015
200,000.00
197,248.80
200,000.00
2.000
1,827
529
2.002 05/13/2020
Subtotal and Average 9,364,000.00
9,364,000.00
9,113,312.60
9,364,000.00
1,729
961
1.990
Municipal Bonds
13077DFC1
10218
California*St Univ Rev -Bond
08/02/2018
150,000.00
148,657.50
150,000.00
2.982
1,187
1,066
2.979 11/01/2021
13066YTY5
10175
Calif St Dept Wtr Res Power
09/28/2016
723,553.07
705,073.52
723,553.07
1.713
1,676
882
1.713 05/01/2021
189849KY7
10125
Coachella Valley School Dist
09/15/2015 -
440,000.00
435,292.00
441,503.42
2.885
1,782
609
2.665 08/01/2020
13034PYH4
10164
California State HSG Fin AGY
07/01/2016
500,000.00
492,020.00
501,736.73
2.189
1,492
609
1.980 08/01/2020
13063DADO
10193
California State HSG Fin AGY
04/27/2017
250,000.00
243,527.50
250,000.00
2.367
1,800
1,217
2.367 04/01/2022
283309KN1
10134
EI Monte School District
11/06/2015
750,000.00
747,255.00
750,896.41
2.148
1,272
151
1.850 05/01/2019
455749BQ3
10150
Indio CA Water Authority
04/01/2016
980,000.00
972,757.80
990,247.53
2.820
1,461
487
2.000 04/01/2020
533018CZ8
10177
Lincoln Calif Pub Fing Auth
11/08/2016
525,000.00
512,064.00
528,237.91
2.230
1,788
1,035
2.001 10/01/2021
672211BF5
10161
Oakland Coliseum
06/17/2016
500,000.00
499,720.00
500,619.70
2.321
959
62
1.559 02/01/2019
752111JW5
10176
Rancho Calif Wtr Dist Fin Auth
10/18/2016
500,000.00
482,315.00
502,239.81
1.675
1,748
974
1.500 08/01/2021
769036BAl
10201
Riverside CA Pension OBLG
06/01/2017
260,000.00
253,102.20
260,000.00
2.125
1,461
913
2.126 06/01/2021
913366HV5
10170
UC Rgts Med Ctr Rev Bonds
08/17/2016
145,000.00
139,626.30
145,000.00
1.620
1,732
896
1.614 05/15/2021
913366HV5
10173
UC Rgts Med Ctr Rev Bonds
09/07/2016
500,000.00
481,470.00
501,178.32
1.620
1,711
896
1.515 05/15/2021
Subtotal and Average 6,245,936.38
6,223,553.07
6,112,880.82
6,245,212.90
1,532
665
1.914 .
Wells Fargo Sweep Account
SWEEP 10036 Wells Fargo 07/01/2012 0.00 0.00 0.00 0.010 1 1 0.010
Subtotal and Average 0.00 0.00 0.00 0.00 0 0 0.000
Total and Average 31,912,007.30
Run Date: 12/28/2018 -16:03
31,794,811.50 31,125,535.61 31,756,301.14
1,416 663 2.040
Portfolio POOL
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Packet Pg. 56
CITY COUNCIL
6.5
Agenda #: 6.5
Meeting Date: January 15, 2019
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i
TITLE: AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL
CODE RELATED TO STREET VENDING.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve for second reading by title only, waive full reading, and adopt Ordinance No.
XX(2019) — AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL CODE
RELATED TO STREET VENDING.
BACKGROUND:
SB 946 (Lara), known as the "Safe Sidewalk Vending Act", was introduced in the
California Legislature in February 2018 and signed by the Governor in September 2018,
placing new restrictions on the regulation of street vendors by local agencies. The bill
becomes effective January 1, 2019.
The City Council introduced the proposed Ordinance for first reading by title only on
December 18, 2018. No changes were made to the Ordinance at that meeting, which is
now ready for adoption. As requested, a redline/strikeout version of the changes is
included in Attachment 3 for reference.
ANALYSIS:
SB 946 prohibits cities from regulating street vendors of all types unless a licensing
system is in place or adopted that is in substantial compliance with its provisions. Cities
may not ban nor prevent street vendors from operating on public sidewalks or
pedestrian paths unless directly related to objective health, safety and welfare concerns.
Finally, cities may only impose administrative fines for violation of its street vending
regulations. Although it does not currently regulate sidewalk vending to a significant
degree, to ensure compliance with SB 946, the City finds it is still necessary to amend
Packet Pg. 57
certain provisions of the Municipal Code. Related amended provisions include:
1. To ensure all wares and food sold meet established safety standards for
consumption, street vendors must operate in a clean and sanitary manner,
meeting all applicable laws and securing all applicable permits.
2. To further the peace and safety of residential neighborhoods during non-
business hours, and ensure uninterrupted family time, recreation, sleep and
commutes to school and work that are free of interference, street vendors are
prohibited in all residential zones between the hours of 8:00 p.m. and 9:00 a.m.
This prohibition applies to all forms of solicitation.
3. Street vendors may not operate on public property, except for sidewalks and
paved/decomposed granite trails. To ensure a safe path of travel for pedestrians
and bicyclists, including those with disabilities, street vendors may not operate on
public streets, bike paths, and dirt trails and may not obstruct access or travel on
sidewalks and paved paths. Excluding street vendors from dirt trails is needed to
ensure the public's quiet use and enjoyment of such trails and natural settings.
4. Street vendors may not operate on private property unless granted express
permission by the property owner.
5. Street vendors are prohibited from operating in a City park during times when the
City is hosting a special event or when it has issued a Special Events Permit to a
third party to ensure there is not an overconcentration of commercial activities
during the event, the vending does not interfere with the public's enjoyment of the
event or the charitable fundraising efforts often associated with such events.
6. Violators are subject to administrative penalties as set forth in Government Code
section 51039.
LEGAL REVIEW:
City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
A" A Aff A-2 Z7 42 Ar
ode. W
ya cLean, A sistant City Manager 111512019
6.5
Packet Pg. 58
A "AAW Aff2livilAw
ode. w
ya cLean, A sistant City Manager 1/2/2019
Attachments:
1. 6.5.a Ordinance XX(2019); STREET VENDING
2. 6.5.b SB 946 (Lara)
3. 6.5.c Street Vending Ordinance Redline
6.5
Packet Pg. 59
6.5.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DIAMOND BAR,
CALIFORNIA, AMENDING THE PROVISIONS OF THE
DIAMOND BAR MUNICIPAL CODE RELATED TO
STREET VENDING
WHEREAS, the State Legislature adopted Senate Bill 946, Government Code
sections 51036 et seq. (SB 946), imposing significant restrictions on the ability of cities to
regulate sidewalk vendors; and
WHEREAS, SB 946 provides that cities may not enforce regulations it may have
specific to sidewalk vendors it they are not in substantial compliance with SB 946 and/or
directly related to objective health, safety and welfare concerns; and
WHEREAS, the City has historically imposed few regulations on any type of
peddling or soliciting within the City, but finds it necessary to amend certain provisions of
its Municipal Code to ensure it is in compliance with SB 946; and
WHEREAS, in adopting this ordinance the City Council of the City of Diamond
finds that it is in substantial compliance with SB 946 and its provisions are directly related
to objective health, safety and welfare concerns.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION 1. Section 5.04.010 of the Diamond Bar Municipal Code, entitled
"Investigation of specific businesses", subdivision (a)(10) is hereby amended to read as
follows:
"(10) Peddling -solicitation entering private property."
SECTION 2. Section 5.08.090 of the Diamond Bar Municipal Code, entitled
"Peddling—Solicitation", is hereby amended to add a new subdivision (a)(5) under
"Definitions", as follows:
"(a)(5) Sidewalk vendor shall mean a person who sells food or merchandise from
a pushcart, stand, display, pedal -drive cart, wagon, showcase, rack, or
other nonmotorized conveyance, or from one's person, upon a City sidewalk
or other City pedestrian path."
SECTION 3. Section 5.08.090(d) entitled "Operating Requirements" is repealed
in its entirety and replaced with the following:
"(d) Operating Requirements
1360062.1
Packet Pg. 60
6.5.a
(1) No person shall engage in peddling or solicitation in any area of the
City which is zoned for residential uses under this Code between the
hours of 8 p.m. and 9:00 a.m.
(2) No person shall affix any object to another person, onto private
property, or public property without first receiving express permission
from such person or the owner of the property.
(3) No person shall continue to engage in peddling or solicitation
directed at another person, if such person informs the peddler or
sidewalk vendor of his or her desire not to be subject to peddling or
solicitation.
(4) No person shall obstruct any street, sidewalk or other place open to
the public in a manner which interferes with the members of the
public, including those with disabilities, ability to use such facilities in
the manner for which they are intended.
(5) No person shall engage in peddling or solicitation for commercial
purposes upon any designated bike path or dirt trail.
(6) No person shall engage in peddling or solicitation for commercial
purposes upon any public property other than a sidewalk or
paved/decomposed granite path or upon any private property without
the express permission of the owner or the owner's agent.
(7) Peddlers and sidewalk vendors shall operate in a clean and sanitary
manner, be able to dispose of trash generated by their business and
at all times be in compliance with all applicable laws and if selling
food, specifically Part 7 (commencing with Section 113700) of
Division 104 of the Health and Safety Code.
(8) No person shall engage in peddling or solicitation for commercial
purposes within a City park during a City -sponsored event or any
other event that has been granted exclusive use of the park via a
special event permit by the City at which food is served or offered for
purchase.
(9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this
subdivision shall be subject to administrative fines in the amounts set
forth in Government Code section 51039. The fines set forth in
Government Code section 51039 shall be in addition to and in not
lieu of penalties that may be imposed against sidewalk vendors who
violate other generally applicable laws in this Code, including this
subdivision."
SECTION 4. Section 9.00.820 of the Diamond Bar Municipal Code, entitled
"Exceptions to divisions", is hereby amended to add a new subdivision (d) as follows:
"(d) Sidewalk vendors. This division does not prohibit solicitation upon a City
sidewalk or City pedestrian path by a `sidewalk vendor' as defined in Section
5.08.090(e) of this Code."
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SECTION 5. Section 12.00.290 of the Diamond Bar Municipal Code, entitled
"Soliciting for selling merchandise; restrictions", is hereby amended to add a new
subdivision (5) as follows:
"(5) A sidewalk vendor who is upon a City sidewalk or City pedestrian path and
is otherwise in compliance with this Code."
SECTION 6. The adoption of this Ordinance is not a project within the meaning
of the California Environmental Quality Act in that it will not cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
SECTION 7. If any section, clause, phrase, word or portion of this Ordinance is,
for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance and each other section, clause, phrase, word or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, clauses, phrases,
words, or portions thereof be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published once within
fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general
circulation, published and circulated in the City of Diamond Bar and shall post a certified
copy of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
2019.
PASSED AND ADOPTED by the Diamond Bar City Council this _ day of
Carol Herrera, Mayor
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ATTEST:
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 18t" day of December, 2018 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day
of , 2019, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
6.5.a
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I� STATEOFCALIFOR.NIA
L' AUTHENTICATED
BUR- ELECTRONIC LEGAL MATERIAL
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of
Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
[Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to
adopt requirements for the public safety regulating any type of vending and
the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating
sidewalk vendors, except in accordance with the provisions of the bill. The
bill would provide that a local authority is not required to adopt a new
program to regulate sidewalk vendors if the local authority has established
an existing program that substantially complies with the provisions of the
bill. The bill would apply these provisions to a chartered or general law city,
county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk
vending program to, among other things, not require a sidewalk vendor to
operate within specific parts of the public right-of-way, except when that
restriction is directly related to objective health, safety, or welfare concerns,
and not restrict sidewalk vendors to operate only in a designated
neighborhood or area, except as specified. The bill would authorize a local
authority to, by ordinance or resolution, adopt additional requirements
regulating the time, place, and manner of sidewalk vending, as specified,
if the requirements are directly related to objective health, safety, or welfare
concerns. The bill would also authorize a local authority to prohibit sidewalk
vendors in areas located within the immediate vicinity of a permitted certified
farmers' market and a permitted swap meet, as specified, and to restrict or
prohibit sidewalk vendors within the immediate vicinity of an area designated
for a temporary special permit issued by the local authority, as specified. A
violation would be punishable only by an administrative fine, as specified,
pursuant to an ability -to -pay determination, and proceeds would be deposited
in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under
any local ordinance or resolution regulating or prohibiting sidewalk vendors
that have not reached final judgment. The bill would also authorize a person
who is currently serving, or who completed, a sentence, or who is subject
to a fine, for a conviction of a misdemeanor or infraction for sidewalk
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Ch. 459 —2
vending, as specified, to petition for dismissal of the sentence, fine, or
conviction.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic
development opportunities to low-income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally
significant food and merchandise.
(3) Sidewalk vending contributes to a safe and dynamic public space.
(4) The safety and welfare of the general public is promoted by
encouraging local authorities to support and properly regulate sidewalk
vending.
(5) The safety and welfare of the general public is promoted by
prohibiting criminal penalties for violations of sidewalk vending ordinances
and regulations.
(6) This act applies to any city, county, or city and county, including a
charter city. The criminalization of small business entrepreneurs, and the
challenges that those entrepreneurs face as a result of a criminal record, are
matters of statewide concern. Further, unnecessary barriers have been erected
blocking aspiring entrepreneurs from accessing the formal economy, harming
California's economy in the process, and disrupting the regulation of
business, which is a matter of statewide concern. Moreover, California has
an interest in the regulation of traffic, a matter of statewide concern, whether
in ensuring the appropriate flow of traffic or in ensuring the safety of
pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and
support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part
1 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER 6.2. SIDEWALK VENDORS
51036. For purposes of this chapter, the following definitions apply:
(a) "Sidewalk vendor" means a person who sells food or merchandise
from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack,
or other nonmotorized conveyance, or from one's person, upon a public
sidewalk or other pedestrian path.
(b) "Roaming sidewalk vendor" means a sidewalk vendor who moves
from place to place and stops only to complete a transaction.
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Ch. 459
(c) "Stationary sidewalk vendor" means a sidewalk vendor who vends
from a fixed location.
(d) "Local authority" means a chartered or general law city, county, or
city and county.
51037. (a) A local authority shall not regulate sidewalk vendors except
in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability
of Part 7 (commencing with Section 113 700) of Division 104 of the Health
and Safety Code to a sidewalk vendor who sells food.
(c) Nothing in this chapter shall be construed to require a local authority
to adopt a new program to regulate sidewalk vendors if the local authority
has established an existing program that substantially complies with the
requirements in this chapter.
51038. (a) A local authority may adopt a program to regulate sidewalk
vendors in compliance with this section.
(b) A local authority's sidewalk vending program shall comply with all
of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within
specific parts of the public right-of-way, except when that restriction is
directly related to objective health, safety, or welfare concerns.
(2) (A) A local authority shall not prohibit a sidewalk vendor from selling
food or merchandise in a park owned or operated by the local authority,
except the local authority may prohibit stationary sidewalk vendors from
vending in the park only if the operator of the park has signed an agreement
for concessions that exclusively permits the sale of food or merchandise by
the concessionaire.
(B) Notwithstanding subparagraph (A), a local authority may adopt
additional requirements regulating the time, place, and manner of sidewalk
vending in a park owned or operated by the local authority if the
requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns.
(ii) Necessary to ensure the public's use and enjoyment of natural
resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity
that unreasonably interferes with the scenic and natural character of the
park.
(3) A local authority shall not require a sidewalk vendor to first obtain
the consent or approval of any nongovernmental entity or individual before
he or she can sell food or merchandise.
(4) (A) A local authority shall not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except when that restriction is
directly related to objective health, safety, or welfare concerns.
(B) Notwithstanding subparagraph (A), a local authority may prohibit
stationary sidewalk vendors in areas that are zoned exclusively residential,
but shall not prohibit roaming sidewalk vendors.
(5) A local authority shall not restrict the overall number of sidewalk
vendors permitted to operate within the jurisdiction of the local authority,
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Ch. 459 —4
unless the restriction is directly related to objective health, safety, or welfare
concerns.
(c) A local authority may, by ordinance or resolution, adopt additional
requirements regulating the time, place, and manner of sidewalk vending
if the requirements are directly related to objective health, safety, or welfare
concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In
nonresidential areas, any limitations on the hours of operation for sidewalk
vending shall not be more restrictive than any limitations on hours of
operation imposed on other businesses or uses on the same street.
(2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal
Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards.
(4) Requiring the sidewalk vendor to obtain from the local authority a
permit for sidewalk vending or a valid business license, provided that the
local authority issuing the permit or business license accepts a California
driver's license or identification number, an individual taxpayer identification
number, or a municipal identification number in lieu of a social security
number if the local authority otherwise requires a social security number
for the issuance of a permit or business license, and that the number collected
shall not be available to the public for inspection, is confidential, and shall
not be disclosed except as required to administer the permit or licensure
program or comply with a state law or state or federal court order.
(5) Requiring the sidewalk vendor to possess a valid California
Department of Tax and Fee Administration seller's permit.
(6) Requiring additional licenses from other state or local agencies to
the extent required by law.
(7) Requiring compliance with other generally applicable laws.
(8) Requiring a sidewalk vendor to submit information on his or her
operations, including, but not limited to, any of the following:
(A) The name and current mailing address of the sidewalk vendor.
(B) A description of the merchandise offered for sale or exchange.
(C) A certification by the vendor that to his or her knowledge and belief,
the information contained on the form is true.
(D) The California seller's permit number (California Department of
Tax and Fee Administration sales tax number), if any, of the sidewalk
vendor.
(E) If the sidewalk vendor is an agent of an individual, company,
partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of
the following:
(1) Prohibit sidewalk vendors in areas located within the immediate
vicinity of a permitted certified farmers' market or a permitted swap meet
during the limited operating hours of that certified farmers' market or swap
meet. A "certified farmers' market" means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of the
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5— Ch. 459
Food and Agricultural Code and any regulations adopted pursuant to that
chapter. A "swap meet" means a location operated in accordance with Article
6 (commencing with Section 21660) of Chapter 9 of Division 8 of the
Business and Professions Code, and any regulations adopted pursuant to
that article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by the local
authority, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the local
authority's temporary special permit are also provided to any sidewalk
vendors specifically permitted to operate in the area, if applicable. For
purposes of this paragraph, a temporary special permit is a permit issued
by the local authority for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes
including, but not limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph shall only be
effective for the limited duration of the temporary special permit.
(e) For purposes of this section, perceived community animus or
economic competition does not constitute an objective health, safety, or
welfare concern.
51039. (a) (1) A violation of a local authority's sidewalk vending
program that complies with Section 51038 is punishable only by the
following:
(A) An administrative fine not exceeding one hundred dollars ($100) for
a first violation.
(B) An administrative fine not exceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor
for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a
sidewalk vending permit from the local authority, vending without a sidewalk
vending permit may be punishable by the following in lieu of the
administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250)
for a first violation.
(ii) An administrative fine not exceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the
administrative fines set forth in this paragraph shall be reduced to the
administrative fines set forth in paragraph (1), respectively.
(b) The proceeds of an administrative fine assessed pursuant to
subdivision (a) shall be deposited in the treasury of the local authority.
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Ch. 459 —6
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall
not be punishable as an infraction or misdemeanor. Additional fines, fees,
assessments, or any other financial conditions beyond those authorized in
subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority's sidewalk vending program that
complies with Section 51038, or a violation of any rules or regulations
adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors
in the jurisdiction of a local authority, shall not be punishable as an infraction
or misdemeanor, and the person alleged to have violated any of those
provisions shall not be subject to arrest except when permitted under law.
(2) Notwithstanding any other law, paragraph (1) shall apply to all
pending criminal prosecutions under any local ordinance or resolution
regulating or prohibiting sidewalk vendors. Any of those criminal
prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance
or resolution that comply with Section 51037 shall not cite, fine, or prosecute
a sidewalk vendor for a violation of any rule or regulation that is inconsistent
with the standards described in subdivision (b) Section 51038.
(f) (1) When assessing an administrative fine pursuant to subdivision
(a), the adjudicator shall take into consideration the person's ability to pay
the fine. The local authority shall provide the person with notice of his or
her right to request an ability -to -pay determination and shall make available
instructions or other materials for requesting an ability -to -pay determination.
The person may request an ability -to -pay determination at adjudication or
while the judgment remains unpaid, including when a case is delinquent or
has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of
Section 68632, the local authority shall accept, in full satisfaction, 20 percent
of the administrative fine imposed pursuant to subdivision (a).
(3) The local authority may allow the person to complete community
service in lieu of paying the total administrative fine, may waive the
administrative fine, or may offer an alternative disposition.
(g) (1) A person who is currently serving, or who completed, a sentence,
or who is subject to a fine, for a conviction of a misdemeanor or infraction
for sidewalk vending, whether by trial or by open or negotiated plea, who
would not have been guilty of that offense under the act that added this
section had that act been in effect at the time of the offense, may petition
for dismissal of the sentence, fine, or conviction before the trial court that
entered the judgment of conviction in his or her case.
(2) Upon receiving a petition under paragraph (1), the court shall presume
the petitioner satisfies the criteria in paragraph (1) unless the party opposing
the petition proves by clear and convincing evidence that the petitioner does
not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1),
the court shall grant the petition to dismiss the sentence or fine, if applicable,
and dismiss and seal the conviction, because the sentence, fine, and
conviction are legally invalid.
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7— Ch. 459
(3) Unless requested by the petitioner, no hearing is necessary to grant
or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the
petitioner is not available, the presiding judge shall designate another judge
to rule on the petition.
(5) Nothing in this subdivision is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to
diminish or abrogate the finality of judgments in any case not falling within
the purview of this chapter.
SEC. 3. The Legislature finds and declares that Section 2 of this act,
which adds Section 51038 to the Government Code, imposes a limitation
on the public's right of access to the meetings of public bodies or the writings
of public officials and agencies within the meaning of Section 3 of Article
I of the California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of
a sidewalk vendor with regard to his or her California driver's license or
identification number, individual taxpayer identification number, or
municipal identification number, when that number is collected in lieu of
a social security number for purposes of the issuance of a permit or business
license, it is necessary that the sidewalk vendor's number be confidential,
except as provided in this act.
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6.5.c
Sec. 5.04.010. - Investigation of specific businesses.
(a) Upon receipt of an application for one of the following businesses, the director or
his or her designee shall conduct an investigation and criminal background check
on the applicant(s), and managerial staff as deemed necessary by the director,
and may obtain reports from the sheriff's department, building and safety, fire
department, county health department, and any such other information as he or
she deems necessary to determine if the criteria for issuance of a business license
have been met:
(1) Adult oriented businesses (as defined in section 22.80.020 of this Code).
(2) Alarm systems.
(3) Alcoholic beverage sales (off-site consumption).
(4) Bars, cocktail lounges and taverns.
(5) Computer services/network gaming center (as defined in section 22.80.020).
(6) Firearm dealers.
(7) Indoor amusement/entertainment facilities (as defined in section 22.80.020).
(8) Massage establishments.
(9) Pawnbrokers and secondhand dealers.
(10) Peddling -solicitation -entering private property.
(1 1) Psychic reading (as defined in section 22.80.020 of this Code).
(12) Tow trucks and towing companies.
(Ord. No. 09(2007), § 1, 12-4-07; Ord. No. 01 (2010), § 5, 1-19-10; Ord. No. 02(2010), § 5,
Sec. 5.08.090. - Peddling—Solicitation.
(a) Definitions:
(1) Commercial shall mean and include the sale of goods, wares or merchandise
for profit, whether or not a profit is made, and not for any charitable purpose.
(2) Hawking shall mean advertising, promoting or soliciting customers for the sale
of any goods, wares or merchandise, whether or not a sale takes place.
(3) Peddle and peddling shall mean: (a) hawking or selling any goods, wares or
merchandise, including liquids or edibles for human consumption, by traveling
or going by any means of locomotion whatsoever from place to place, from
house to house or business to business, or (b) hawking or selling any goods,
wares or merchandise, including liquids or edibles for human consumption, from
or on the street, on any public property or on any private property without the
permission of the owner or other person in possession and control of the
property.
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6.5.c
(4) Solicitation shall mean the request, directly or indirectly, of money, credit,
property, financial assistance or other things of value for the commercial or
retail sale of goods, wares or merchandise by taking an order for delivery and
promising later delivery of such goods, wares or merchandise. Individuals
engaged in commercial solicitation for future delivery solely as an incident to
engaging in a business otherwise licensed under this chapter and for which the
employer has a current, valid license shall not be deemed to be engaged in
the business of commercial solicitation.
(5) Sidewalk vendor shall mean a person who sells food or merchandise from a
pushcart, stand, display, pedal -drive cart, wagon, showcase, rack, or other
nonmotorized conveyance, or from one's person, upon a City sidewalk or other
City_ pedestrian path.
(b) License fee waivers. Veterans, as defined by Business and Professions Code §§
16001 and 16001.5, shall not be required to pay a license fee to hawk, peddle or sell
goods, wares or merchandise owned by them, except alcoholic beverages.
(c) Identification requirements. All licensed peddlers and solicitors licensed pursuant
to this chapter shall carry an original business license, along with picture
identification, at all times when peddling.
(d) Operating requirements.
(1) No person shall engage in peddling or solicitation in any area of the City which
is zoned for residential uses under this Code between the hours of 8 p.m. and
9 -nn n -m_
(2) No person shall affix any object to another person, onto private property, or
public property without first receiving express permission from such person or
the owner of the property.
(3) No peddler or sidewalk vendor shall continue to engage in peddling or
solicitation directed at another person, if such person informs the peddler or
sidewalk vendor of his or her desire not to be subject to peddling or solicitation.
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6.5.c
(4) No person shall obstruct any street, sidewalk or other place open to the public
in a manner which interferes with the members of the public, including those
with disabilities, ability to use such facilities in the manner for which they are
intended.
(5) No person shall engage in peddling or solicitation for commercial purposes
upon any designated bike path or dirt trail.
(6) No person shall engage in peddling or solicitation for commercial purposes
upon any public property other than a sidewalk or paved/decomposed
granite path or upon any private property without the express permission of the
owner or the owner's agent.
(7) Peddlers and sidewalk vendors shall operate in a clean and sanitary manner,
be able to dispose of trash generated by their business and at all times be in
compliance with all applicable laws and if selling food, specifically Part 7
(commencing with Section 113700) of Division 104 of the Health and Safety
Code.
(8) No person shall engage in peddling or solicitation for commercial purposes
within a City park during a City -sponsored event or any other event that has
been granted a special event permit by the City.
(9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this subdivision
shall be subject to administrative fines in the amounts set forth in Government
Code section 51039. The fines set forth in Government Code section 51039 shall
be in addition to and in not lieu of penalties that may be imposed against
sidewalk vendors who violate other generally applicable laws in this Code,
including this subdivision."
(Ord. No. 09(2007), § 1, 12-4-07)
2-2-10; Ord. No. 06(2016), § 2, 11-1-16
Sec. 9.00.820. - Exceptions to division.
(a) Employee insurance and other activities. This division does not prohibit the
solicitation in any such building or in or on any such property or premises as
described in section 9.00.810 for group insurance under a policy approved by the
city council, at times, places and under conditions specified by the city council, if
the persons eligible for such group insurance consist of:
(1) City employees; or
(2) The members of an organization or association for the payment of dues to
which Government Code § 1157.1 authorizes the auditor -controller of the
county to make payroll deductions from the salaries or wages of the members
thereof who have authorized such deductions.
(b) Certain meritorious causes. This division does not prohibit solicitation in any
building or in or on any property or premises described in section 9.00.810 when
such solicitation consists of the sale or display of goods in those circumstances
Packet Pg. 73
where the proceeds of any sales made pursuant to such solicitation are used solely
in furtherance of programs for the benefit of patients in the county hospital system,
the handicapped, the blind, and other causes deemed meritorious by the city
council or by any city officers or employees to whom the city council may delegate
such authority; provided, however, that any such solicitation shall be permitted only
at times, places and under conditions specified by the city council or by any city
officers or employees to whom the city council may delegate such authority.
(c) Volunteer groups at animal control shelters. This division does not prohibit
solicitation in or on the premises of any animal control shelter by any volunteer
group when such solicitation consists of the request for donations, receipt of
contributions or sale of goods in those circumstances where any such donation,
contribution or proceeds of sales made pursuant to such solicitation are used solely
in furtherance of programs designed to promote animal care, including, but not
limited to, aiding in veterinary care, assisting in bailing animals out of any animal
control shelter, or purchasing of animal licenses.
(d) Sidewalk vendors. This division does not prohibit solicitation upon a City sidewalk or
City_ pedestrian path by a `sidewalk vendor' as defined in Section 5.08.090(e) of this
Code.
(Ord. No. 14(1989), § 2(13.16.020-13.16.040), 6-27-89)
Sec. 12.00.290. - Soliciting for or selling merchandise; restrictions.
A person shall not solicit in any manner or for any purpose, or sell or offer for sale
any goods, wares or merchandise therein except:
(1) Pursuant to a concession or other agreement authorized by the city council.
(2) A sports team which is a member of a regular sports league and which admits
all members of the general public to the sporting event to the extent of
capacity without discrimination and without charge to any game played may
solicit voluntary contributions from the spectators attending such game.
(3) Pursuant to permission granted by the city council, if the acts permitted will
not in any way detract from the use of the park by the public and if the
proceeds are used for charitable purpose and the city council so finds.
(4) When found by the director to be consistent with the policies of the
department or to promote the programs of the department, under conditions
prescribed by him.
(5) A sidewalk vendor who is upon a City sidewalk or City_ pedestrian path and is
otherwise in compliance with this Code.
(Ord. No. 14(1989), § 2(17.04.460), 6-27-89)
6.5.c
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CITY COUNCIL
s.s
Agenda #: 6.6
Meeting Date: January 15, 2019
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i
TITLE: CONSULTING SERVICES AGREEMENT WITH INTEGRATED
CONSULTING GROUP, INC FOR SUNSET CROSSING PARK AND
HERITAGE PARK CONCEPTUAL DESIGN SERVICES.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Consulting Services Agreement with
Integrated Consulting Group, Inc. (ICG) for $123,570 with a contingency amount of
$12,357 for contract change orders to be approved by the City Manager, for a total
authorization amount not to exceed $135,927.
FINANCIAL IMPACT:
The proposed Agreement with ICG, Inc. is for $123,570 plus a contingency amount of
$12,357 for a total authorization not to exceed $135,927. Funding for both park designs
are provided from Quimby, Prop A, and Park Development Funds. Sufficient funds are
included in the Fiscal Year 2018-19 CIP budget to cover the agreement with ICG.
Funding Source
Heritage Park
Sunset Crossing
Park
Balance
Prop A Funds
$241,669
$241,669
Quimby Funds
$145,000
$46,997
$191,997
Park Development Funds
$11,334
$11,334
$145,000
$300,000
$445,000
Expenditures
ICG Design Phase
$63,690
$59,880
$123,570
ICG Contingency
$6,369
$5,988
$12,357
Available Project Balance
$74,941
$234,132
$309,073
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The conceptual design, with preliminary construction cost estimates, is the first phase of
both projects. Additional funding for phase two which includes complete construction
plans, specifications, and estimates will also be utilized from the budget below, and will
be subject to separate Council consideration at a future date.
BACKGROUND:
The conceptual design for Sunset Crossing Park and Heritage Park is part of a multi-
year Capital Improvement Project (CIP). The Parks and Recreation Department posted a
Request for Proposals seeking to retain the services of a design firm for architectural and
engineering design services for a new neighborhood park (Sunset Crossing Park) and
improvements to an existing park (Heritage Park).
The new Sunset Crossing Park, located at 22555 Sunset Crossing Road, totals
approximately 2.83 acres and is located in the northern part of the City adjacent to the
PONY League (PONY) baseball fields and across the street from the YMCA. The
property was acquired by the City from the YMCA in 2017 for $727,000. Sunset
Crossing Park is intended to serve the recreational needs of residents in an area that is
park deficient. The park will be designed for all mobility types and ages and will create
space for leisurely recreational activities. It is currently envisioned to be a passive
neighborhood park that will not accommodate organized athletic events.
Heritage Park, located at 2900 S. Brea Canyon Road, is an existing 3.4 acre park with a
3,900 square foot community center originally built in 1993. The existing community
center serves programs such as Tiny Tots Summer Day Camp, adult Table Tennis,
weekend event rentals, and various other contract classes and events. The park also
features a picnic area, playground, basketball court, and lighted ball field. This facility is
heavily used by the public and in need of conceptual design options to retrofit and
refurbish the existing building and amenities to meet current resident needs for all
mobility types, address ADA compliance requirements, and improve maintenance
efficiencies.
DISCUSSION:
On September 14, 2018, a Request for Proposal (RFP) for Architectural and
Engineering Design Services was released to qualified consultants inviting them to
submit proposals by the deadline of October 24, 2018. The scope of work expected for
the project can be summarized as follows:
1. The professional architecture/engineering consultant firm shall prepare and
execute a comprehensive neighborhood outreach program for each park. Staff
and public input is essential in creating Sunset Crossing Park and rehabilitating
Heritage Park to meet the needs of the surrounding community. Neighborhood
meetings should take place during the spring of 2019.
2. Perform a complete field review and inventory of repairs required and review all
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existing field conditions and information pertaining to each site.
3. Develop conceptual design plans and presentation boards to be presented to
City staff, Commissions, and City Council.
4. Review the location of existing utilities, surface, and subsurface structures and
proposed improvements.
5. The Consultant shall prepare and submit a preliminary construction cost estimate
for each concept in tabular form for each construction item showing quantity, unit
price and total cost. Multiple amenities and options should be provided for each
park's conceptual design by summer of 2019.
6. The Consultant shall be prepared to attend at least one Commission meeting and
up to two City Council meetings to discuss the conceptual designs.
A total of 13 proposals were received by the deadline and are listed below based on
proposed cost only, from lowest to highest:
1. Architerra $ 91,690
2. Integrated Consulting Group (ICG) $123,570
3.
Hirsch and Associates
$165,909
4.
Verde Design
$177,673
5.
RJM Design Group
$189,830
6.
RHA Landscape Architects
$218,611
7.
BMLA
$242,274
8.
David Volz Design
$244,195
9.
Withers & Sandgren
$244,243
10. Gruen Associates
$289,822
11. Studio -MLA
$314,577
12.
IDS Group
$449,000
13. Torti Gallas + Partners
$460,980*
*Geotechnical report not included.
A committee of staff utilized the following evaluation criteria and weights to review each
of the proposals:
• Firm and Staff Qualifications 30 percent
• Approach/Methodology 25 percent
• Hours/Level of Commitment 20 percent
• Ability to Meet Schedule/Expectations 15 percent
• Relevant References 10 percent
Following the review of the proposals, City staff met with the top four firms based on the
evaluation criteria above and additional staff review. These interviews took place on
December 11, 2018 and included David Volz Design, RHA Landscape Architects, RJM
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Design Group, and ICG, Inc. The interview process allowed each consultant finalist the
opportunity to present their proposal further, introduce staff/sub-consultants, and
respond to questions from staff. While Architerra was the lowest cost proposal, they did
not include an adequate amount of hours to meet staff requirements for quality and
completeness, so they were not included in the interview process for this project.
After a thorough review and discussion following interviews, City staff determined ICG,
Inc. and their sub -consultants provide the best fit for this project at the best cost to the
City. Based on the 1,013 of hours dedicated by ICG to the project, staff is confident the
$122 hourly rate is very competitive when compared to similar proposals and provides
an adequate number of hours to meet the City's expectations.
ICG has extensive, qualified experience with the City of Diamond Bar including the
Parks and Recreation Master Plan, Sycamore Canyon Park, City monument signage
project, and several trail projects and site improvement studies. City staff believes ICG
will provide creative projects with appropriate design options, cost estimates, and
phasing models to meet the need of the current economic climate. ICG will also provide
"cut sheets" which deliver information and specifications for ongoing maintenance and
uniformity of materials and equipment as they age. These components are not provided
by every consultant, yet are extremely useful for City staff in order to provide safe and
reliable facilities in the future.
ICG is located in Chino Hills and offers relevant project experience and flexibility as
most of the disciplines are in house. Staff is confident the ICG team shares the same
devotion to the project as the residents of Diamond Bar and will provide a conceptual
design that provides the City with unique design options, accurate costs estimates, and
a roadmap to a successful project.
LEGAL REVIEW:
The City Attorney has reviewed and approved as to form the Consultant Services
Agreement.
PREPARED BY:
AAAAF
A, Al^'a"k
Ryarffiqht, Parks d ecre n Director 111512019
Attachments:
1. 6.6.a Consultant Services Agreement 1.15.19
6.6
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CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT ("Agreement") is made as of January 15, 2019
by and between the City of Diamond Bar, a municipal corporation ("City") and Integrated
Consulting Group, Incorporated (ICG), 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 professional architectural and
engineering design 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.
Ryan Wright, Parks and Recreation Director (herein referred to as the "City's
Project Manager"), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunder with the City's Project Manager to the extent required by the City's
Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City's Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect January 16, 2019,
and shall continue until September 16, 2019 or earlier if terminated pursuant to the
provisions herein.
The City shall have the option to extend this Agreement for one additional one
year term subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month. Any exercise of an option to extend the Term and/or increase
in compensation, negotiated or based upon CPI, shall be subject to approval of
the City Council.
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6.6.a
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 One hundred twenty-three thousand five hundred seventy
dollars and no cents ($123,570.00) without the prior written consent of the City. The
above not to exceed amount shall include all costs, including, but not limited to, all
clerical, administrative, overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount 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. In the event of any inconsistency between this Agreement and
the attached exhibits, the following order of precedence shall apply: (a) This Agreement;
(b) The City's Request for Proposal dated September 14, 2018, and (c) Consultant's
Proposal dated October 24, 2018.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
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6.6.a
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant's failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker's Compensation acts and other employee
benefit acts with respect to Consultant's employees or Consultant's contractors,
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(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. 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. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third party
indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad -form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non -owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater,
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
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6.6.a
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self -Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant's due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
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6.6.a
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the "records") pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
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6.6.a
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 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.
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.
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18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (7) days of being notified by the City to proceed and to
diligently prosecute completion of the work within eight months from such date or as
may otherwise be 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. RESERVED
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant's control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. RESERVED
26. RESERVED
27. Notices. Any notices, bills,
Agreement shall be deemed received on (a)
during regular business hours or by facsimile
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invoices, or reports required by this
the day of delivery if delivered by hand
before or during regular business hours,
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6.6.a
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"
Integrated Consultant Group, Inc.
4195 Chino Hills Pkwy., #222
Chino Hills, CA 91709
Attn.: Jeffrey Scott
Phone: 909.203.7995
E -Mail: jscott@icg-inc.org
"CITY"
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Dan Fox, City Manager
Phone: 909.839.7000
E-mail: dfox(a)-diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant"
Integrated Consulting Group, Inc.
By:_
Printed
Title:
By: wt/v`t/
Printed Name: _
Title: li dim td?i
"City"
CITY OF DIAMOND BAR
MR
Mayor Carol Herrera
ATTEST:
c j Tommye Cribbins
City Clerk
Approved as to form:
By:
David De erry
City Attorney
*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, certfed by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
10 Professional Services — Design
1292538.1
6.6.a
Packet Pg. 88
Heritage Park
Located at 2900 S. Brea Canyon Road, Heritage Park is a 3.4 acre park with a
3,900 square foot Community Center built in 1993. The existing community center
serves programs such as the Tiny Tot program, Summer Day Camp, adult Table
Tennis, weekend event rentals, and various other contract classes or community
events. The existing facility fixtures, restrooms, and amenities are outdated and
need to be addressed to meet ADA compliance. This facility is heavily used by
the public and the City seeks design options to retrofit and refurbish the exiting
building that will not only address ADA compliance requirements but also
promote maintenance efficiency.
In addition, the picnic area (to the east of the community center) and adjoining
playground are in need of modern improvements to better meet the needs of
the current community and ADA compliance. The existing ballfield is adjacent to
an elementary school and contains field lights, yet youth baseball and softball at
this location are no longer in existence. The ball field area provides an opportunity
for new amenities appropriate to the needs of the community. The project goal
for this park is to provide modern equipment and amenities for all mobility types
and community needs. Refer to Exhibit B for Park Vicinity Map,
II. SCOPE OF WORK
The City of Diamond Bar requires the services of a professional
architecture/engineering consultant firm to provide the technical conceptual
and final design services for the aforementioned projects.
The professional architecture/engineering consultant firm shall prepare and
execute a comprehensive neighborhood outreach program for each park.
Public input is essential in creating Sunset Crossing Park and rehabilitating
Heritage Park to meet the needs of the surrounding community. The
proposal shall identify tasks to be included as part of the neighborhood
program that will aid the consultant in developing three alternative designs
to be discussed with the staff, Parks and Recreation Commission, and City
Council. At a minimum, the neighborhood outreach program and
conceptual design phase shall include:
a. Meet with City staff prior to beginning work to discuss background,
scope, objectives, and other pertinent details of the project. The
Consultant shall attend periodic meetings with City staff at various
stages of the project as needed.
6.6.a
Packet Pg. 89
6.6.a
Page 4
RFP — Sunset Crossing and Heritage Park Design
September 14, 2018
b. Perform a complete field review and inventory of repairs required
and review all existing field conditions and information pertaining to
each site. Provide a report of findings to the City.
c. Develop conceptual design plans and presentation boards to be
presented to City staff.
d. Prepare surveys for the neighborhood workshop for each park site to
gather ideas of what the community desires in each of the park
projects. The Consultant shall be prepared to organize and attend
at least one neighborhood workshop to gather information for each
park separately after the conceptual plan is complete and prior to
final PS&E. Additionally, the Consultant shall be prepared to attend
at least one Commission meeting and two City Council meetings to
discuss the conceptual designs.
e. Develop a comprehensive summary of survey results and feedback
of each of the neighborhood workshops.
2. Upon selection of the preferred park design for each site based on the
concept plan, the Consultant shall prepare final construction plans,
specifications and estimates (PS&E) for each of the project sites. The proposal
shall identify tasks to be included as part of the PS&E. At a minimum, these
tasks shall include:
a. Meet with the City staff prior to beginning the PS&E to discuss scope,
objectives, and other pertinent details for the PS&E. The Consultant
shall attend periodic meetings with City staff at various stages of the
PS&E Phase as needed.
b. Conduct a utility search for all utilities within the project limits. Review
the location of existing utilities, surface and subsurface structures and
proposed improvements. If the proposed improvements interfere
with existing utilities, the Consultant shall arrange to have potholes
taken by the utility company. The Consultant shall send two utility
notifications during preparation of the PS&E and provide the City
copies of all utility correspondence with the completed construction
document submittal. Preliminary utility notice and final utility notice
are required for the proposed projects.
c. The Consultant shall prepare complete sets of plans and
specifications for the project, including a topographic survey. At this
Packet Pg. 90
6.6.a
Page 5
RFP — Sunset Crossing and Heritage Park Design
September 14, 2018
point it is assumed the project will consist of three separate PS&E
packages for each site. The improvement plans shall be prepared
on 24"x 36" sheets, as well as PDF format for all documents.
The bid specifications shall be submitted via e-mail in Microsoft Word
format for each site. The consultant will be required to prepare the
entire specification document using the City's standard boilerplate
that is edited accordingly for the project.
The Consultant shall prepare and submit a cost estimates for each
site in tabular form for each construction item showing quantity, unit
price and total cost. Multiple amenities and options should be
provided for each park design.
d. It is the City's intention to use the Standard Specifications for Public
Works Construction (latest edition) and the Standard Plans for Public
Works Construction (latest edition), the most current California
Building Code in conjunction with the City standard specifications
and plans. The Consultant shall provide copies of referenced
standard plans from other sources.
e. Revise and/or change plans. and related materials as required as a
result of review of the signed plans by affected utilities or because of
errors or omissions in the plans and specifications. Such revisions shall
be completed in a timely manner so as to avoid or minimize delays
in getting the project out to bid and shall not result in any increase in
compensation from the City.
f. Provide assistance during the bidding period. The Consultant shall
provide technical assistance to staff and clarification to bidders
should any questions arise during the bidding period. Should any
changes be required to the plans and/or specifications during this
phase, the Consultant shall make the necessary changes and
provide those changes in the specifications or plans in a timely
manner so that the City can issue an addendum.
III. PROPOSAL FORMAT AND CONTENT
Consultants shall limit their proposal to 25 pages, excluding cover and resumes.
The proposal shall provide all the information requested for both park sites. The
Consultant's proposal shall contain the following information and shall be
organized as follows:
Packet Pg. 91
6.6.a
Page 6
RFP — Sunset Crossing and Heritage Park Design
September 14, 2018
a. Project Team
An organizational chart indicating principals and key project team members
with an indication of their involvement in the project. Also provide resumes of
the key personnel involved with this project including personnel from sub -
Consultants. For the project engineer/architect and project manager, include
information for three (maximum) recent projects on his/her record of
completion compared to the original project schedule.
b. Firm's Experience
List a maximum of three (3) projects of similar size and scope that the firm has
performed design services for other public agencies. For each project, provide
the following information: location, owner, construction cost, year the design
was completed, year the construction was completed, your project manager,
engineer, and inspector's name. If any portion of the project is sub-
contracted, provide similar information for a maximum of three projects.
c. Project Design
Discuss the methods and procedures that will be used in the design of the
project. Provide a list of construction drawings that will be prepared for the
project. Also identify any potential concerns or problems in the design of either
site.
d. Project Scheduling
Provide a schedule identifying milestones for the major tasks in the design of
the project, beginning with the Notice to Proceed. The City is seeking a quick
time frame for design. The City expects conceptual design will be completed
by March 29, 2019 with final PS&E completion by May 30, 2019.
e. Resource Requirements
Provide a man-hour and fee estimate for the proposed scope of work. Please
state all assumptions upon which the estimates are based. The fee proposal
shall be submitted in a separate sealed envelope.
f. Fee Schedule
The fee proposal shall include a not -to -exceed (NTE) figure and hourly billing
rates for typical staff classifications and cost breakdown per task. These rates
Packet Pg. 92
6.6.a
Page 7
RFP — Sunset Crossing and Heritage Park Design
September 14, 2018
will be used to negotiate any additional work the City may request. All
assumptions upon which the costs are based shall be stated.
g. Agreement
Exhibit "C" is a copy of the City's professional services agreement. A copy shall
be completed and signed as part of the proposal package. Completion of
this agreement will be your statement that all terms and conditions are
acceptable. This completed agreement made part of the proposal is by no
means to be interpreted as acceptance by the City or notice to proceed.
h. Insurance
Proof of insurance requirements addressed in the professional services
agreement of this Request for Proposal shall be submitted by the selected
Consultant upon execution of the original contract for submittal to the City
Council.
All proposers shall submit a "Statement Certifying Insurance Coverage"
certifying that the required insurance coverage will be obtained by the
Consultant; and that the Consultant understands said coverage is prerequisite
for entering into an agreement with the City. The Consultant is required to
confirm with its insurance carrier that it can meet all the requirements for
insurance. Failure to meet the insurance regulations as set forth shall result in
the Consultant's disqualification.
L References
List of three (3) references for similar projects must be provided. Include
contact person, address, and telephone number.
J. Consulting Services Agreement
Statement certifying that you agree to the City's Consulting Services
Agreement terms and conditions. Any proposed edits to the agreement shall
be submitted with the proposal for staff's review and consideration.
IV. SUBMITTAL OF PROPOSAL
Consultants interested in responding to this Request for Proposal shall submit a
proposal by 3:30 p.m. on October 10, 2018. The proposal shall be organized as
described in the "Proposal Format and Contents." Any proposals received after
3:30pm on October 10, 2018 will be returned unopened.
Packet Pg. 93
r i;
/
�. ''+...r� '`w.... .. �.
for
Professional Architectural & Engineering
Design Services for Sunset Crossing &
Heritage Park Improvements
i
i
Intnorc7tac Consulting Graup
Ranning - Architecture • Landscape Architecture
Packet Pg. 94
SUNSET CROSSING & HERITAGE PARK DESIGN
FEE SCHEDULE
RESOURCE REQUIREMENTS
Sunset Crossing Park: $59,880.00
Heritage Park: $63,690.00
NOT TO EXCEED FEE: $123,570.00
Following are hourly billing rates which shall be used to negotiate any additional work the City may
require:.
Hourly
ICG Rate
Principal.................................................................................................................................$150.00
ProjectManager....................................................................................................................$120.00
Planner/Architect/Landscape Architect................................................................................$110.00
Associate Planner/Architect/Landscape Architect................................................................$100.00
Assistant Planner/Architect/Landscape Architect..................................................................$90.00
AutoCADGraphics Technician.................................................................................................$90.00
Clerical.....................................................................................................................................$70.00
Principal.................................................................................................................................$120.00
ProjectManager....................................................................................................................$110.00
Sheet
Engineer/Surveyor.................................................................................................................$110.00
24"
AutoCADDraftsman
................................................................................................................$80.00
Survey2 -Man Crew...............................................................................................................$185.00
30"
Survey1 -Man Crew...............................................................................................................$125.00
Sheet
Clerical.....................................................................................................................................$70.00
36"
CW Sails
Principal Engineer/Geologist.................................................................................................$150.00
SeniorField Technician..........................................................................................................$105.00
Drafting/CAD...........................................................................................................................$50.00
Clerical/Delivery/Accounting..................................................................................................$40.00
REIMBURSABLE COSTS
Printing and Materials...................................................................................................... Cost + 10%
Express Mail/Courier/Next Day Service........................................................................... Cost + 10%
In -House Plotting of Large Format Plans:
24"
x 36"
Sheet
$7.00/Sheet
24"
x 42"
Sheet
$7.75/Sheet
30"
x 42"
Sheet
$8.50/Sheet
36"
x 48"
Sheet
$9.25/Sheet
6.6.a
Packet Pg. 95
GRAND TOTAL WITH REIMBURSA13LESI $1,500 1 $4,440 J$10,11201 $10,120 1 $21,560 1 $8,250 1 $4,440 1 $1,260 1 $61,690.00 $63,690.00
Design for RehabilitationofHeritageand
PIC
$150
PM
$120
ARCH
$110
777Wlamoiiid
PP
$110
Community
CIVIL
$110
Center
GEO
$150
SUR
$185
ADMIN
$70
Total Reim. Allow.
$ $
Architect - ICG - Matt Evans
$110
PP
Park Planner- ICG - Jeffrey Scott
$110
CIVIL
Civil - PBLA Steve Levisee
$110
GEO
Geotechnical - CW Soils
$150
1
Project Review
2
2
JAdministrative - ICG - Rebecca Scott
$70
2
$760.00
2
Community Outreach and Parks and Recreation Commission
8
4
8
$1,960.00
3
Architectural Analysis and Recrommendations (Heritage
Park
4
16
4
$2,520.00
4
Topographic Site Survey
1
48
24
$9,870.00
5
Conceptual Utility Plan
1
16
$1,910.00
6
ADA Review
1
40
$4,550.00
7
Site Analysis and Recommendations
4
24
4
$3,400.00
8
Geotechnical Report
1
55
$8,400.00
9
Conceptual Site Plan
9a
Option 1
2
16
$2,000.00
9b
Option 2
2
16
1
$2,000.00
9c
Option 3
2
16
$2,000.00
10
Conceptual Floor Plans (Heritage Park
4
60
$7,080.00
11
Conceptual Floor Plans Sunset Grossing)
12
Conceptual Grading Plan
1
1 4
40
1
$5,100.00
13
Water Quality Management Plan
1
I 1
I
50
$5,770.00
14
Revised Conceptual Plan and Estimate
2
4
16
16
1
$4,370.00
TOTAL HOURS/ TOTAL FEES
10
37
92
92
196
55
2418
$61,690.00 $2,000
GRAND TOTAL WITH REIMBURSA13LESI $1,500 1 $4,440 J$10,11201 $10,120 1 $21,560 1 $8,250 1 $4,440 1 $1,260 1 $61,690.00 $63,690.00
n
X
<D
cs� �
co
PIC
Principal in Charge -Jeffre Scott
$150
PM
Project Manager- ICG - Bob Rose
$120
ARCH
Architect - ICG - Matt Evans
$110
PP
Park Planner- ICG - Jeffrey Scott
$110
CIVIL
Civil - PBLA Steve Levisee
$110
GEO
Geotechnical - CW Soils
$150
SUR
JSurvey - PBLA - Carlos Urena
$185
ADMIN
JAdministrative - ICG - Rebecca Scott
$70
n
X
<D
cs� �
co
W ® W e ® ® W ® W Q %W. W V 0 0 NW �.w tis V � v W W � - - v - - - - - - - - - - - - -
GRAND TOTAL WITH REIMBURSABLES1 $1,650 1 $4,440 1 $6,160 1 $10,120 $21,560 1 $8,250 1 $4,440 1 $1,260 $57,880.00 $59,880.00
PIC
Principal in Charge -Jeffrey Scott
$150
PM
Project Manager - ICG - Bob Rose
$120
ARCH
Architect - ICG - Matt Evans
$110
PP
PIC
$150
PM
$120
ARCH
$110
PP
$110
CIVIL
$110
GEO
$150
SUR
$185
ADMIN
$70
Total Reim. Allow.
$ $
JSurvey - PBLA - Carlos Urena
$185
ADMIN
JAdministrative - ICG - Rebecca Scott
$70
1
Project Review
2
2
2
$760.00
2
Community Outreach and Parks and Recreation Commission
8
4
8
$1,960.00
3
Architectural Analysis and Recommendations (Heritage Park)
4
4
$760.00
4
Topographic Site Survey
1
48
24
$9,870.00
5
Conceptual Utility Plan
1
16
$1,910.00
6
ADA Review
1
40
$4,550.00
7
Site Analysis and Recommendations
4
24
4
$3,400.00
8
Geotechnical Report
1
55
$8,400.00
9
Conceptual Site Plan
9a
Option 1
2
16
$2,000.00
9b
Option 2
2
16
$2,000.00
9c
Option 3
2
16
$2,000.00
10
Conceptual Floor Plans (Heritage Park
11
Conceptual Floor Plans Sunset Crossing)
1
4
40
1
$5,100.00
12
Conceptual rading Plan
1
4
40
$5,030.00
13
Water Quality Management Plan
1
1
50
$5,770.00
14
lRevised Conceptual Plan and Estimate
2
4
16
16
1
$4,370.00
TOTAL HOURS / TOTAL FEESI
11
37
56
92
196
55
24
18
$57,880.00 $2,000
GRAND TOTAL WITH REIMBURSABLES1 $1,650 1 $4,440 1 $6,160 1 $10,120 $21,560 1 $8,250 1 $4,440 1 $1,260 $57,880.00 $59,880.00
PIC
Principal in Charge -Jeffrey Scott
$150
PM
Project Manager - ICG - Bob Rose
$120
ARCH
Architect - ICG - Matt Evans
$110
PP
Park Planner- ICG - Jeffrey Scott
$110
CIVIL
Civil - PBLA Steve Levisee
$110
GEO
Geotechnical - CW Soils
$150
SUR
JSurvey - PBLA - Carlos Urena
$185
ADMIN
JAdministrative - ICG - Rebecca Scott
$70
CITY COUNCIL
s.7
Agenda #: 6.7
Meeting Date: January 15, 2019
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i
TITLE: APPROVAL OF THE DESIGN AND PLANS, AWARD OF
CONSTRUCTION AGREEMENT TO CEM CONSTRUCTION
CORPORATION, APPROVAL OF FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT WITH IMEG CORPORATION
FOR THE SYCAMORE CANYON PARK SLOPE EROSION AND TRAIL
REPAIR PROJECT, APPROPRIATE GENERAL FUND RESERVES,
AND TRANSFER OF PROP A EXCHANGE FUNDS TO THE GENERAL
FUND.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
(a) Adopt Resolution No. 2019 -XX approving the design and plans, and establishing
a project payment account, for the Sycamore Canyon Park Slope Erosion and Trail
Repair Project;
(b) Approve, and authorize the Mayor to sign, a Construction Agreement with CEM
Construction Corporation in the amount of $999,140, plus a contingency amount of
$100,000 for Contract Change Orders to be approved by the City Manager, for a total
authorized amount of $1,099,140;
(c) Approve, and authorize the Mayor to sign, the First Amendment to the Consultant
Service Agreement for construction management and inspection services with IMEG
Corporation in the amount of $67,230, for a total contract authorization amount of
$178,630;
(d) Appropriate $188,701 of General Fund Reserves to fully fund the Sycamore
Canyon Park Slope Erosion and Trail Repair Project; and
(e) Approve a Budget Transfer of Prop A Exchange Funds to the General Fund in
the amount of $436,217.
FINANCIAL IMPACT:
The Fiscal Year 2018-2019 Capital Improvement Program (CIP) Budget includes
Packet Pg. 98
s.7
$675,000 for Sycamore Canyon Park Slope Erosion Repair Project #25917, and is
comprised of $238,783 in estimated FEMA funding and $436,217 of Prop A Exchange
Funds. The bid from CEM Construction is $999,140. Due to the City's ongoing and
successful efforts, FEMA's reimbursement amount have increased by an amount of
$306,030 to a new amount of $544,813. As shown below, there is still $188,701 that
needs to be appropriated from City General Fund Reserves to meet the City's 6.25%
construction cost share of $62,446, the 10% construction project contingency, and the
IMEG construction management and inspection services and 5% contingency. It is also
recommended to substitute previously budgeted Prop A Exchange Funds with General
Fund reserves.
Sycamore Canyon Park
FY2018-19
Increased
Resource
Slope Erosion and Trail
Budgeted
FEMA
Amount
Repair Project #25917
Appropriations
Reimbursement
FEMA Fund
$238,783
$306,030
$544,813
Substitution of General Fund
reserves with previously
$436,217
$436,217
budgeted Prop A Exchange
Funds
General Fund Reserve
$188,701
Appropriation
Total Revenue
$1,169,731
CEM Construction, Inc.
$999,140
Construction Contract
Construction Contingency
$100,000
(10%)
IMEG Construction
Management and Inspection
$67,230
Services
Inspection Services
$3,361
Contingency (5%)
Total Project Budget
$1,169,731
Project reimbursement to the City is directly tied to the FEMA approved project scope,
where it authorizes reimbursement up to the federal/state cost share of 93.75% for each
item included in the approved obligation letter. Therefore, it was advantageous for the
City to work through the administrative process outlined by FEMA to ensure maximum
federal/state reimbursement of up to 93.75% of total project cost. Otherwise, the City
could be responsible for a majority of the project cost rather than receiving the 93.75%
reimbursement rate offered by FEMA and CalOES. City staff and consultants worked to
expedite the arduous process of working with FEMA on the design and repair of the
hillside failure.
It is anticipated that FEMA and CalOES funds will reimburse the City up to $936,694 of
the total project cost of $999,140 as itemized in the following table:
Packet Pg. 99
6.7
Project Construction Share Costs
Appropriations
Project Construction Cost
$999,140
FEMA Cost Share (75%)
$749,355
CalOES Cost Share (18.75%)
$187,339
City Cost Share (6.25%)
$62,446
The City is obligated to pay a minimum cost share of $62,446. The total contingency
amount of $100,000 for construction will only be used in the event of unforeseen
circumstances that will warrant a contract change order. Any City General Fund
Reserves not used for the project will be deposited back to the reserve account. This
includes the General Fund reserves that are being substituted for the yet to be
exchanged Prop A funds.
BACKGROUND:
As the result of heavy rains in January 2017, slope erosion occurred in Sycamore
Canyon Park along an actively used trail just west of the trail head located on Diamond
Bar Boulevard. Significant erosion also occurred adjacent to an LA County storm drain
easement and under the existing concrete stairs which are used by both trail users and
LA County Flood Control District for maintenance purposes (See Attachment — Location
Map).
A significant amount of mud and debris flowed down from the upper drainage terrace (v -
ditch) drain and clogged the upper inlet pipe, resulting in an overflow and erosion of the
upper and middle slope areas adjacent to and under both the upper and middle stairs. It
was determined that the condition of the slope erosion posed an immediate hazardous
condition to the public. As a result, staff performed emergency protective measures and
closed the trail and the trail head. The slope has been covered with visqueen and
sandbags since January 2017 for erosion control purposes and there has been no
further expansion of the failure area since the January 2017 event.
The City commenced a lengthy and extensive process in January 2017 with staff from
the Federal Emergency Management Agency (FEMA), California Governor's Office of
Emergency Services (CalOES), and the Los Angeles County Office of Emergency
Management (OEM) to discuss the slope damages and a plan to repair these public
trails/facilities. This meeting started the process for the City to be eligible to receive
State and/or Federal monies for reimbursement due to this storm related damage,
which ultimately resulted in the City receiving approval for the project in December
2018, nearly two years after the storm related damage occurred.
DISCUSSION:
Construction Contract
With the completion of the plans and specification, the Project was advertised for bids
on May 15, 2018 with a bid opening on May 30, 2018. One (1) bid proposal was
Packet Pg. 100
received from CEM Construction Corporation with a total base bid amount of $999,140.
Staff has verified the contractor state license for CEM Construction Corporation to be
valid. References were also checked on similar slope repair projects completed by CEM
Construction. All work will be completed within 120 working days after the Notice of
Proceed is issued.
Construction Management and Inspection Services
IMEG was utilized for the design of the Sycamore Canyon Park Slope Erosion Repair
Project. As the design expert, their services are recommended to provide the
construction management and inspection services to enable staff to maintain design
consistency and ensure a successful project.
The project schedule is tentatively set as follows:
Award of Contract
Start of Construction
Completion of Construction
PREPARED BY:
January 15, 2019
March 2019
September 2019
r1stian Ma1pica, s cTiate4Ff gineer 1/15/2019
/.9
D d (G-L7ri,-Pubri-c'Worki'Vi.r/CiTy Engineer 111012019
Attachments:
1.
6.7.a
Location Map
2.
6.7.b
RESOLUTION NO 2019 -XX
3.
6.7.c
CEM AGREEMENT
4.
6.7.d
IMEG AMENDMENT
5.
6.7.e
IMEG EXHIBIT A
6.7
Packet Pg. 101
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¢ Canyon .Park
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RESOLUTION NO. 2019 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE DESIGN AND PLANS FOR THE SYCAMORE
CANYON PARK SLOPE EROSION AND TRAIL REPAIR 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 IMEG Corporation ("Consultant") as the engineer to
design and prepare the plans for the Sycamore Canyon Park Slope
Erosion and Trail Repair 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
6.7.b
Packet Pg. 103
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 15' day of January, 2019.
Carol Herrera, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2019 -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 15th day of January, 2019, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
6.7.b
Packet Pg. 104
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 CEM Construction Corp (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 CEM Construction Corp
and;
WHEREAS, CITY has authorized the Mayor to execute a written
contract with CONTRACTOR for furnishing labor, equipment and material
for the Sycamore Canyon Park Slope/Trail Repair 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 Sycamore Canyon Park Slope/Trail Repair Project in the City of
Diamond Bar. The work to be performed in accordance with the plans and
specifications, dated May 2018 (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
May 25, 2018 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 following order of precedence shall apply: (1) This
AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid.
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 in the amount of nine hundred ninety nine
thousand one hundred forty dollars and zero cents($999,140)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
Packet Pg. 105
6.7.c
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.
Final payment to Contractor shall be withheld for at least 30 days after
the time in which Contractor has verified, to the City's satisfaction,
that it has submitted all information to the Department of Industrial
Relations required by Labor Code §1773.3.
4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work
within One Hundred Twenty (120) 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 dollars ($500) for each calendar
day the work remains incomplete beyond the expiration of the completion
date. CITY may deduct the amount thereof from any monies due or that
may become due the CONTRACTOR under this AGREEMENT. Progress payments
made after the scheduled date of completion shall not constitute a
waiver of liquidated damages.
5. INSURANCE: CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a
company or companies acceptable to CITY nor shall the CONTRACTOR allow
any subcontractor to commence work on his subcontract until all
insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of
this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work,
the CONTRACTOR shall furnish to the CITY a certificate
of insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may
employ directly or through subcontractors in carrying
out the work specified herein, in accordance with the
laws of the State of California. Such insurance shall
be maintained in full force and effect during the period
covered by this contract.
In accordance with the provisions of Section 3700 of the
California Labor Code, every CONTRACTOR shall secure the
payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and
file with the CITY a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub-
contractor in performing the work provided for herein,
insurance with the following minimum limits and
coverage:
Packet Pg. 106
c.
III
6.7.c
1) General Liability - $5,000,000 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 - $5,000,000 per accident for bodily
injury and property damage.
3) Employer's Liability - $5,000,000 per accident for
bodily injury or disease.
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.
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;
Packet Pg. 107
s.7.c
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.
f. Self -Insured Retention/Deductibles. All policies
required by this AGREEMENT shall allow CITY, as
additional insured, to satisfy the self-insured
retention ("SIR") and/or deductible of the policy in
lieu of the 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, 21825 Copley Drive, Diamond
Bar, California, and are available to any interested party on request.
CITY also shall cause a copy of such determinations to be posted at the
job site.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two
hundred dollars ($200.00) for each laborer, workman or mechanic employed
for each calendar day or portion thereof, if such laborer, workman or
mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under this AGREEMENT, by him
or by any subcontractor under him.
Packet Pg. 108
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 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
Packet Pg. 109
the performance of the work. CONTRACTOR shall be responsible for any
damage or injury to any person or property resulting from defects or
obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and
save Indemnitees harmless from any and all actions, claims, damages to
persons or property, penalties, obligations or liabilities that may be
asserted or claimed by any person, firm, entity, corporation, political
subdivision, or other organization arising out of or in connection with
the work, operation, or activities of CONTRACTOR, its agents, employees,
subcontractors or invitees provided for herein, whether or not there is
concurrent passive negligence on the part of CITY. In connection
therewith:
a. CONTRACTOR will defend any action or actions filed in
connection with any such claims, damages, penalties,
obligations or liabilities and will pay all costs and
expenses, including attorneys' fees, expert fees and
costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered
against CONTRACTOR or Indemnitees covering such claims,
damages, penalties, obligations and liabilities arising
out of or in connection with such work, operations or
activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless
therefrom.
C. In the event Indemnitees are made a party to any action
or proceeding filed or prosecuted against CONTRACTOR for
damages or other claims arising out of or in connection
with the work, operation or activities hereunder,
CONTRACTOR agrees to pay to Indemnitees and any all costs
and expenses incurred by Indemnitees in such action or
proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of
whether or not such claim, charge, damage, demand, action, proceeding,
loss, stop notice, cost, expense, judgment, civil fine or penalty, or
liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of CITY under any provision of
this AGREEMENT, Contractor shall not be required to indemnify and hold
harmless CITY for liability attributable to the active negligence of
CITY, provided such active negligence is determined by agreement between
the parties or by the findings of a court of competent jurisdiction. In
instances where CITY is shown to have been actively negligent and where
CITY active negligence accounts for only a percentage of the liability
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.
Packet Pg. 110
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. PRESENTATION OF CLAIMS: Any claim, as that term is defined
in Public Contract Code 9204, shall be submitted in accordance with
Section 9204 and shall contain a sufficient description of the claim,
the basis therefore and documentation in support of the claim. The
claim shall be processed as more fully set forth in the Plans and
Specifications.
14. TERMINATION: This AGREEMENT may be terminated by the CITY,
without cause, upon the giving of a written "Notice of Termination" to
CONTRACTOR at least thirty (30) days prior to the date of termination
specified in the notice. Upon receipt of such notice, Contractor shall
immediately cease work, unless otherwise directed by the Notice of
Termination. In the event of such termination, Contractor shall be
paid for services satisfactorily rendered and expenses reasonably and
necessarily incurred prior to the effective date of termination, unless
the Notice of Termination is issued for cause, in which event the City
Packet Pg. 111
may withhold any disputed compensation. Contractor shall not be
entitled to any claim for lost profits.
State of California
"CONTRACTOR'S" License No. 9S 1
CONTRACTOR'S Business Phone: S �2 -7W-359^4 Z S 6 Z 4-SC/—T2 /3
CONTRACTOR'S emergency phone which can be reached at any time:
(562-7oY-3S F-6
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: p� �iD ��✓�
Date:
By:
Title: L:C. V. F
Date: /Z Zrilk
CITY OF DIAMOND BAR, CALIFORNIA
By:
Carol Herrera, MAYOR
Date
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
Date
APPROVED AS TO FORM:
DAVID A. DEBERRY, CITY ATTORNEY
Date
6.7.c
Packet Pg. 112
*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.
Packet Pg. 113
6.7.d
FIRST AMENDMENT
TO
CONSULTANT SERVICE AGREEMENT
This First Amendment to Public Works Agreement ("First Amendment") is made and
entered into as of January 15, 2019, by and between the City of Diamond Bar, a municipal
corporation ( "City"), and IMEG Corporation (herein referred to as the "Contractor") with
reference to the following:
A. The City and the Contractor entered into that certain Public Works Agreement
dated as of October 17, 2017, which is incorporated herein by this reference (the "Original
Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Original
Agreement, is hereby amended, modified and supplemented to include the work described
on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not -to -exceed compensation set forth in Section 3
of the Original Agreement was the sum of One Hundred Eleven Thousand Four Hundred
Dollars and Zero Cents ($111,400) for Fiscal Year 2017-2018. Section 3 of the Original
Agreement is hereby amended to provide for an increase of Sixty Seven Thousand Two
Hundred Thirty Dollars and Zero Cents ($67,230) in Fiscal Year 2018-2019, so that the
total not -to -exceed compensation, as amended by this First Amendment shall not exceed
One Hundred Seventy Eight Thousand Six Hundred Thirty Dollars and Zero Cents
($178,630) for FY2018-19 without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this First Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this First Amendment shall control.
Packet Pg. 114
6.7.d
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
"CONTRACTOR"
IMEG Corporation
y:
Printed Name:
Title:
Y:
Printed Name:
Title:
"CITY"
CITY OF DIAMOND BAR
go
Carol Herrera, Mayor
ATTEST:
Tommye Cribbins, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Attorney
*NOTE: If Contractor 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.
Packet Pg. 115
ADDITIONAL SCOPE OF SERVICES
1292625.1
6.7.d
Packet Pg. 116
6.7.e
*1M G
December 7, 2018
Mr. Christian Malpica
Associate Engineer
City of Diamond Bar, Public Works/Engineering Department
21810 Copley Drive
Diamond Bar, CA 91765
909-839-7042
Project: Sycamore Canyon Slope Repair
IMEG Job# 17002294.00
IMEG Proposal# 20180082.PP
Re: Fee Proposal for Construction Inspection Services
Dear Mr. Christian Malpica,
Submitted via e-mail
Thank you for the opportunity to provide this fee proposal for added services at the subject project.
Scope of Work
It is IMEG Corp. (IMEG) understanding that it is the City of Diamond Bar's (City) desire to enter
into a contractual agreement with an engineering consulting firm to perform construction
inspection services as necessary to repair the slope failure(s) for the Sycamore Canyon Trail
System, in conjunction with the finalized plans by IMEG Corp, RHA Landscape and ABI
Engineering. Any services not customarily furnished in accordance with generally accepted
engineering practice will be considered additional services.
Project Description: Provide Construction Inspection Services for the slope failure(s) at the
Sycamore Canyon Trail. The project includes the rehabilitation construction of the existing trail
system composed of removal of existing landscape and slope material and recompacted native
soil with reinforcement of geogrid material, TechniSoil® decomposed granite, and Nexpave®
decomposed granite with aluminum header, survey/staking, clearing/grubbing, timber risers, hand
rails, concrete footings, concrete paving, concrete stairs with handrails, retaining walls,
Keystone® retaining walls, signage, landscaping, temporary erosion control, and drainage; and
other incidental and appurtenant work necessary for the proper construction of the contemplated
improvements, as indicated on the project plans for the Sycamore Canyon Park Slope/Trail Repair
Project.
After evaluating the scope, complexity, location, inspector availability and duration, IMEG
proposes the following inspector for this project:
Damian Weilbacher — Billing Rate: $120.00 per hour
Our inspector has reviewed the scope of work and plans and has confirmed he will be able to
perform the duties required by the scope of work. Additionally, the inspector has confirmed
availability for the approximate project dates of 1/01/2019 to 05/01/2019. A detailed resume of
the proposed inspector is listed in "Exhibit A".
901 Via Piemonte, Suite 400, Ontario, CA 91764
>909.477.6915 >Fax:909.477.6916
Packet Pg. 117
6.7.e
Christian Malpica/City of Diamond Bar
Sycamore Canyon Construction Inspection Services
IMEG# 20180082.PP
December 7, 2018
Page 2 of 13
Public Works Inspection Scope of Services:
Based on our understanding, upon review of the construction documents, IMEG proposes the
following scope of services to encompass the following duties and/or tasks:
IMEG, or the designated representative of the City of Diamond Bar, will coordinate with city staff
to schedule and assign the project inspector to their respective duties and/or tasks to enforce
and maintain the proper building codes and specific building requirements of each project.
1) Notice to Proceed
i) Inspector(s) will be updated and completely familiar with City of Diamond Bar
reporting requirements with billing and project related requirements, policies
and procedures including but not limited to:
(1) Contract Document Requirements
(2) Requirements for testing and inspections
(3) City procedures for notifications and special requirements
(4) Temporary barriers and egress requirements as needed perproject
(5) Emergency Procedures
(6) Safety requirement for construction and facility
(7) The Inspection Request Processes.
ii) The Inspector will be thoroughly familiar with the following.
(1) Project Stakeholders, All Various Parties Involved with the Projectand Contacts
(2) Project Schedules
(3) Applicable codes and Standards
(4) Policy Intent Notices (PINs) if appropriate
(5) Applicable Code Application Notices (CANs)
(6) Approved Submittals
(7) All Instructions or Clarifications Issued by the City Engineer, AOR, and/or EOR
(8) All of the Authorities Having Jurisdiction (AHJ's) associated with the
project that require involvement through the project start-up, duration,
close-out and finalization.
(9) The Geotechnical Services and Special Testing Lab for the project and
how to notify and schedule required inspections and other testing as
appropriate.
2) Pre -Construction Meeting
i) Inspector should have received and reviewed the following prior to the pre -
construction meeting:
(1) Approved drawings and project specifications
(2) Project Schedule
(3) A Copy of the Inspection Request
ii) Agenda
(1) Introduction of Project Team Members as invited
(2) Everyone should be prepared to discuss their area of accountability and
how communication should occur and how coordination of work should be
accomplished.
(3) Typical Areas of Discussion for Inspector
(a) Review procedures and process of inspection requests; any City
required procedures and/or any other project related requirements and
Non -Compliance Procedures.
(b) Review Specifications and discuss any unique requirements specifically with
�`
' Packet Pg. 118
6.7.e
Christian Malpica/City of Diamond Bar
Sycamore Canyon Construction Inspection Services
IMEG# 20180082.PP
December 7, 2018
Page 3 of 13
sub -contractors.
(c) Ask Contractor how he intends to accomplish the work and walk the team
through their construction process.
(d) Provide Minimum Requirements to satisfy code, approved documents,
procedural considerations, life and safety issues and inspection
procedures.
(e) Provide a Copy of the Inspection Request forms to all parties and who
looks at the work prior to inspection, reason for rejection, how they will
be notified, and what the notifications requirements are.
(f) Discuss material inspection upon arrival at the project, if any.
(g) Describe all Notification requirements
(h) Describe the importance that before work commences there must be
approved documents.
3) Daily Inspection Duties include but are not limited to:
i) Conduct on site continuous inspection of work in progress to determine compliance
with the Contract Documents.
ii) Inspect what is being installed and confirm that it meets the requirements indicated in
the permit documents or note the deficiencies in the daily report and proved to the City
Engineer and contractor.
iii) Report deficiencies observed to the contractor for immediate action.
iv) Provide proper notification to City Engineer or Engineer of Record of deficient work,
starting of work and stopping of work.
v) Request the City Engineer or EOR interpretation or decision on all matters needing
clarification.
vi) Communicate with the contractor to ensure understanding of the Contract Documents
and Inspection Requests
vii) Keep Daily Inspection Log with all relevant information.
viii) Keep Project Files current with all relevant information.
ix) Attend all project related meetings as required — there should be a pre -construction
meeting prior to every phase of construction or when a new group of trades begins
construction.
4) Other Inspection Duties
i) Sign pay applications and review percentages of work complete.
ii) Coordinate and Oversee special inspection and testing.
iii) Effectively communicate with City Engineer, contractor, owner, and all relevant project
team members and stakeholders.
iv) Effectively communicate with Project Executives and notify them about all phases of
the work and meetings that may require their presence as the site.
Fee Arrangement
It is recommended that a project budget in the amount of $67,230 (sixty-seven thousand, two
hundred thirty dollars) be established to cover the professional services as specifically identified
herein. It is understood that our services shall be performed on an hourly basis equal to those
hourly rates as specified below as work is performed on the individual task items. It is further
understood that the fee for our services shall not exceed this amount without specific
authorization. In addition, it is understood that miscellaneous Out -of -Pocket Cost are inclusive of
the above-mentioned Fee. Said cost will be invoiced as a separate line item on our Monthly
Invoicing Statement or charged directly to The City of Diamond Bar account at a designated
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reprographics firm. The above stated project budget is based upon the individual professional
fee for each of the tasks as identified herein is summarized as follows:
Inspector Billing
Total Hours
Vehicle Stipend
Total
Rate
(120.00 per hour X
($600 per month X 3 Full
Proposed Cost
(Determined by
68 Work Days X 8
Months
(Total Hours +
Current DIR)
Hours)
+ $150.00 for September)
Vehicle Stipend)
$120.00 per hour
$65,280.00
$1950.00
$67,230.00
Project dates will be 9/24/2018 to 12/31/2018 excluding the holidays of 11/22, 11/23,
and 12/25 for a total of 68 days. Any work beyond 12/31/2018, or not specifically
listed herein, will be charged at the hourly rate with a 4 -hour minimum per day.
Work will be conducted Monday thru Friday (excluding the aforementioned holidays), 8
hours a day.
A vehicle stipend will be included at $600.00 per month and prorated for the month of
September (approximately $150.00).
The rates above are based on the assumption of an 8 -hour day and 5 -day work week. A 4 -hour
minimum will apply to all days worked less than 4 hours. Please note a vehicle stipend of $600.00
per month will be added to the monthly invoice.
Assumptions/Exclusions
1. Services will not include materials testing of any kind.
2. Any and all services not specifically identified herein are excluded.
3. Suspension of Work: Upon delivery of a written notice by client to suspend services, IMEG
will immediately suspend performance of its services in the manner and for the duration
directed by client in said notice. IMEG shall take reasonable steps to preserve any
deliverables or services in progress at the time of suspension. Upon written notice that the
suspension has been canceled, if the suspension period was less than sixty (60) calendar
days, IMEG shall be entitled to an equitable adjustment to the schedule only. However, if
the suspension period was more than sixty (60) calendar days, IMEG shall be entitled to
an equitable adjustment to the schedule and the fee.
4. Extension of the Duration of Construction Period: IMEG's construction phase services fee
is predicated upon the duration of design and construction stated by client at the time of
proposal preparation. Should the actual duration of design construction phases extend
beyond the stated period, IMEG shall be entitled to an adjustment to its design and
construction phase services fee by an amount equal to the average fees required for
services during the immediate past three months of construction.
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Sycamore Canyon Construction Inspection Services
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It is further understood that this Agreement is being offered with the understanding that the
attached Standard Terms and Conditions are part of our Contractual Agreement.
Thank you for allowing IMEG this opportunity to present to you this proposal for Professional
Construction Inspection Services relative to the Sycamore Canyon Slope Repair project in the
City of Diamond Bar.
Should you have any additional questions or comment please do not hesitate to contact the
undersigned at (909) 942-5540. If this document is acceptable to you, please return one (1)
signed copy of this document to our office for our contract files.
Very truly yours,
John Mark Thompson
Offere y:
--X12[7/18
r.
Signature Date
John Mark Thomason. PE
Project Executive, Associate
IMEG
cc:
Accepted by:
Signature
Date
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Sycamore Canyon Construction Inspection Services
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Page 6 of 13
Exhibit A
DAMIAN WEILBACHER GATEWAY
PUBLIC WORKS INSPECTOR SCIENCE AND
a 0 0 ENGINEERING, INC.
Gateway Science and Engineering, Inc. 1 300 North Lake Avenue, 12" Floor I Pasadena, California 91101 ) P: (626) 696-1600
SUMMARY OF QUALIFICATIONS
Mr_ Weilbacher is a highly skilled, diligent and experienced Construction inspector committed to the integrity of the Code for
the safety & welfare of the public and a more sustainable future. He has been recognized for his integrity, knowledge of the
Code, and proven track record of providing sound problem solving solutions to countless owner representatives and design
team professionals. He has worked closely with all construction personnel in a proactive manner, allowing for all projects to
move forward without delays to the project schedule, while maintaining the highest standards on behalf of the owner. Mr.
Weilbacher performed all inspections, supervised and directed all Special Inspectors and Soil Technicians on a diverse range of
new, modernization & design build construction projects including, but not limited to; LACMTA, LACDPW, K•12 Public School
and California State Universities, Airport Terminals, Healthcare Facilities, High Security Correctional Facilities, Aquatic Centers,
Water Storage Tanks, Performing Arts Buildings, Science Labs, Parks & Recreation Centers, Student Housing and Commercial
construction projects. He iscapable of working as a team member or independently, requiring no supervision. Working as the
Senior Construction Inspector and or Project Inspector, Mr. Weilbacher has a long history of covering multiple projects
simultaneously. As the Senior Construction Inspector and or Project Inspector he directed, observed and monitored all Special
Inspector, Deputy Inspectors, Deputy Grading Inspectors and fellow Project Inspectors.
EDUCATION AND CERTIFICATIONS
• I.C.C. Certified Building Inspector UBC/ IBC Commercial & Residential
l.C.C. Certified Plumbing Inspector UPC / IPC Commercial & Residential
• I.C.C. Certified Mechanical Inspector UMC / IMC Commercial & Residential
California Governor's Office of Emergency Services - Post -Disaster Safety Assessment Inspector
Former D.S,A. Project Inspector (Division of the State Architect) California Public School Construction
NASA Thirty Hour O.S.H.A. Safety, Confined Space, Lock Out -Tag Out, Man Lift & Aerial Lift Certified.
Metro Ten Hour & Thirty HourO.S.H.A. Safety Training Classes
■ Metro Certified CPR Training Class
• Clearance from The Department of Justice, F.E.M.A., FBI, United States Department of Homeland Security, L.A.W.A.,
LACDPW, and LACMTA (Metro) security clearances.
ExPERIENCE
Pacific Gas & Electric, Bakersfield California: Field Engineer 1/19 - Present
Responsibilities included but were not limited to the following. Meeting with supervisors and PG&E foreman and crews,
discuss the day's activities. Cali USA (Underground Services of America) to locate and mark the location of all
underground utilities. Call the plumbing contractor to come to the site and verify the number and locations of cleanouts
needed. Call the camera and video company to come out and camera all existing sewer lines to verify they're condition.
Once work was completed, verify the PG&E crews did not damage the existing sewer lines.
WORKED AT VARIOUS CITY AGENETYS A5 THE CONSTRUCTION INSPECTOR. 4/2017 -12/17
Responsibilities included, but were not limited to the following: Review of all approved construction drawings and
specifications and all approved documentation, photographing of all nonconforming installations and problem
situations, writing of all inspection request, nonconformance report, request for clarifications, request for information
Observation and inspection of all reinforcing steel and structural concrete placements, all metal and wood stud framing,
all plumbing, mechanical and electrical installations. Inspection of all gypsum board, all ceramic tile & lath and plaster
applications, all door and window installations. Inspection of all Fire Life Safety installations, and all A.D.A. installations
PAGE 1 Resume of Damian Weilbacher ) Gateway Science and Engineering, Inc. ) (626) 696-1600
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Sycamore Canyon Construction Inspection Services
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Exhibit A (cont)
NASA Ames Research Center, Moffett Federal Airfield 12/2016 - 04/2017
NASA AECOM / GOOGLE Joint Projects. Estimated Total Cost $3M
Senior Construction Inspector
Mr. Wellbacher was hired as a the Senior Construction Inspector on the new $1.5 Billion Dollar Google World
Headquarters Campus and various new and existing structures within the NASA Ames Research Center including, but not
limited to the estimated $500,000,000.00 structural evaluation, restoration and modernization of Hanger H -1.
Los Angeles County Metropolitan Transportation Authority — MTA 03/2016 - 12/2016
Division 16, Crenshaw /LAX Transit Corridor - Southwestern Maintenance Yard Facility Project
Senior Oversight Construction Inspector
Working as the Senior Construction Inspector on the $172,000,000.00 Design Build Construction Project. Responsibilities
included, but were not limited to continuous review of the approved plans and specifications and all approved
documentation. Additional duties included observation and inspection of all construction activities, installations,
placements & applications, monitoring of all Special Inspectors and Soil Technicians. Generating and distribution of all
daily reports, inspection request, correction notices, notice of noncompliance, request fur clarification and review of all
contractors pay request, etc. Worked directly with all LACMTA Project Director and Managers, Quality Assurance
Managers, Safety Specialists, LAC/MTA Fire Inspectors and countless Metro Project Personnel. Worked closely in a
proactive manner with Design Builder Project Superintendents, Office Engineers, Safety Manager, Design Team
Professionals, and all Subcontractor Superintendents and Foremen, C.L.A.D.B.S. Senior Building Inspectors, and utility
providers, etc. Attended all weekly Metro Project Meetings, Metro / Design Builder Quality Meetings, and Metro /
Design Builder Project Progress Meetings,
Los Angeles County Department of Public Works - Architecturai and Engineering Department 11/2015-03/2016
Senior Construction Inspector
Senior Construction Inspector for the Los Angeles County Fire Station 143 New Design Build Fire Station Construction
Project. Responsibilities included but are not limited to constant review of the approved plans and specifications and all
approved documentation, observation and inspection of all construction activities and installations, applications and
placements, dispatch, directing, observation and monitoring of all Soil Technicians and Special Inspectors. Generating
and distribution of all daily reports, inspection request, correction notices, notice of noncompliance, requestfor
clarification and review of all contractors pay request, etc. Worked closely in a proactive manner with the L.A.C.D.P.W.
Project Manager, L.A.C.F.D. Project Manager and Fire Inspector, Contractors Project Superintendent and all Design Team
Professionals, and all utility providers and attended all weekly project progress meetings.
University of California Irvine 11/2014 - 05/2015
Senior Construction Inspector
As the Senior Construction Inspector, Mr. Weilbacher simultaneously inspected several modernization projects
throughout the campus. Primary responsibilities were to assure that all construction activities and installations met the
requirements of the C.B.C., NFPA, A.D.A. etc. Provided a daily inspection report for all projects and photo
documentation of all installations during all phases of construction,
LACMTA Westside Subway Purple Line Extension Project, Exploratory Shaft 01/2013 - 03/2014
Senior Construction Inspector
Senior Construction Inspector on the LACMTA Westside Purple Line Extension "Exploratory Shaft Project". This project
consisted of the excavation of the 20'X40'X70'shaft, the placement of 16- W21x93x88' Soldier Piles, the placement of
reinforcing steel and six (6)l inch 6000 psi shotcrete walls, Tie Back Lagging System, five (5) in total, 4"x12" Wood Lagging
System, ventilation and air purification system, four 110 ft. deep Dewatering Wells, and eight 110 ft. deep Gas
Monitoring wells. Due to the sensitive nature of the discovery of pre- ice aged fossils, the Excavation Process was
performed in 6 ft. lifts.
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Sycamore Canyon Construction Inspection Services
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Exhibit A (cont)
As the Senior Construction Inspector, Mr. Weilbacher was responsible for assuring that all construction work,
installations, applications and placements complied with the approved Plans and Specifications. He provided Metro
Directors and Senior Directors, Metro Construction Managers, Metro Senior Q.A. Managers and Inspectors and Metra
Design Team Professionals with project information on a daily basis. Oversaw, monitored and directed all Deputy /
Special Inspectors, Grading Inspectors and Sails Technicians. Worked closely with several City Los Angeles Senior
Building Inspectors, monitored the work of several Paleontologists during the ongoing excavation of the exploratory
shaft, and worked closely with all contractor personnel to provide METRO with a successful project.
Having played a major role on this project working as the Senior Construction Inspector, Mr. Weilbacher performed
countless QA/QC inspections, supervised & directed all C.L.A. Deputy Grading Inspectors, Registered Deputy / Special
Inspectors, and Soil Technicians. He worked closely with all MTA Construction Directors and Construction Managers, the
F.T.A., the Tunnel Advisory Panel & MTA CaA/QC Management personnel, MTA Design Engineers, and consultant Design
Team Professionals, City of Los Angeles Senior Building & Safety Inspectors, Testing Laboratory personnel, Sr.
Geotechnical Engineers, Geologists, Scientists, Chemists, Petroleum Engineers, and Page Museum Paleontologists
/Archaeologists, as well as all contractor Project Management, Project Superintendent and CIA/QC personnel. As the
Senior Construction Inspector, he provided Senior MTA Directors, the F.T.A., the Tunnel Advisory Panel and all MTA
Design Team Professionals with over seven -thousand (7000) high resolution digital photos of the project from pre -
construction to completion. He attended a Ten Hour O.S.H.A. Safety Class, taught by LACMTA Construction Safety
Managers.
LACMTA Westside Subway Purple Line Extension Project 1/2013 - 3/2014
"Underground Utility Relocation Project"
Senior Construction Inspector
Senior Construction Inspector duringthe relocation of existing underground utilities at several future MTA Purple Line
Subway Station locations on Wilshire Blvd. Senior Construction Inspector on both projects running simultaneously.
Los Angeles International Airport Terminal Expansion Project: 03/2011-06/2011
QA/QC Inspections
Q.A. J Q.C. Inspections of two (2) new Fire Sprinkler Systems (to existing), Hydronic Piping, Plumbing and A.D.A.
installations throughout Terminals 5 & 6. Upon review of all construction documents, inspected and verified all
installations and materials conformed to the project plans and specifications. Reviewed "As Built Drawings" to verify
that the work in progress was accurately installed and worked closely with contractor and airport personnel. Obtained
required FBI and Homeland Security - Security Clearances
United States Federal Courthouse Buildings: 10/2010 - 02/2011
QA/QC Inspector
Q.A. / Q.C. Inspector and Contractor Escort on repairs of Central Plant Mechanical systems, independent HVAC systems,
plumbing, electrical and various installations throughout active & enactive Courtrooms at four (4) U.S. Federal
Courthouse Buildings. Obtained required FBI and Homeland Security - Security Clearances
Window and Window Frame Replacement Project 04/2010 - 06/2010
Inspector
Performed all Inspections on a 12 story window upgrade project which included the removal & replacement of 1600
window frames & Low E Glazing, and the monitoring & inspection of the placement and torquing of over 11600
threaded rod epoxyed anchors. Due to my proactive approach, this project was completed several months ahead of
schedule.
PAGE 3 Resume of Damian Weilbacher ) Gateway Science and Engineering, Inc. ) (626) 696-1600
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Sycamore Canyon Construction Inspection Services
IMEG# 20180082.PP
December 7, 2018
Page 9 of 13
Exhibit A (cont)
Los Angeles County Department of Public Works 11/2005 - 02/2009
Project Inspector
As the Project Inspector, Mr. Weilbacher simultaneously covered multiple construction projects throughout Los Angeles
County. He performed all inspections encompassing all aspects of new and modernization construction and construction
inspection, verifying all work conformed to the Code, the plans & specifications and approved documentation. Verified
all BMP & Storm brain Protection requirements were fulfilled, provided sound problem solving solutions, and attended
all project progress meeting
Westside Union School District:
05/2005-07/2005
DSA Project Inspector
As the DSA Project Inspector, Mr. Weilbacher performed all Inspections on two complete public school modernisation
construction projects encompassing all aspects of modernization construction & construction inspection.
EI Segundo Unified School District 04/2003 - 04/2005
DSA Project Inspector
Mr. Weilbacher was the DSA Project Inspector on the EI Segundo High School modernization project Phase II and Phase
III. The complete modernization of one 2 -story classroom building, several single story classroom buildings, two
gymnasiums, the cafeteria, the addition of a new 2 -story state of the art science building and new performing arts /
music educational building, and the Installation of two elevators. This Project encompassed all aspects of new and
modernization construction and construction inspection. He performed all inspections and monitored and supervised
dozens of Special Inspectors (All Disciplines) and Soil Technicians, assuringthat all inspection and special inspection
requirements and procedures were fulfilled. New Fire Alarm & Fire sprinkler systems installed throughout all buildings.
Long Beach Unified School District 06/2001- 04/2003
DSA Project Inspector
Mr. Weilbacher was the D.S.A. Project Inspector on more than thirty (30) public school construction projects including
the Avalon K-12 public school modernization project on Catalina Island. These projects encampassed all aspects of new
& modernization construction & construction inspection. He performed all inspections and monitored and supervised
dozens of Special Inspectors and Soil Technicians, assuring that all inspection and special inspection requirements and
procedures were fulfilled.
Total estimated cost of all projects in the L.B.U.S.D.: $100,000,000.00
PAGE 4 Resume of Damian Weilbacher I Gateway Science and Engineering, Inc. 1 (626( 696-1600
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STANDARD TERMS AND CONDITIONS
The following Terms and Conditions are part of the Client's agreement with IMEG Corp (IMEG) for professional services
and are effective upon signing of the services agreement.
Billings/Payments:
Invoices for IMEG's services shall be submitted, at IMEG's option, either upon completion of such services or on a
monthly basis. Invoices shall be payable within 45 days or 10 days after the Client receives payment from the Owner,
whichever is sooner. If the invoice is not paid within 75 days, IMEG is authorized, without waiving any claim or right
against the Client, and without liability whatsoever to the Client, to terminate the performance of the service. Retainers
shall be credited on the final invoice. If IMEG does not receive any objections to any invoice it generates within 10
days after it is submitted for payment to the Client, then the amount stated shall be conclusive with regard to the
amounts billed on that invoice and not subject to further objection or review at any later time by the Client.
Late Payments:
Accounts unpaid 45 days after the invoice date will be subject to a monthly service charge of 1.5% on the then unpaid
balance (18.0% true annual rate), at the sole election of IMEG. In the event any portion or all of an account remains
unpaid 75 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees.
Additional Services:
Should IMEG's original Scope of Work change or additional services be requested by Client, a written request for
additional services will be forwarded by IMEG to Client. The terms and conditions of this Agreement shall apply to all
additional services provided by IMEG for the Client. IMEG will proceed with the additional services when a signed
acceptance has been received from the client.
Contingency Fund:
The Client and IMEG acknowledge that changes may be required because of possible omissions, ambiguities or
inconsistencies in the plans and specifications and, therefore, that the costs of the project may exceed the construction
contract sum. The Client agrees to have Owner set aside a reserve in the amount of 10% of the actual project
construction costs as a contingency reserve to be used, as required, to pay for any such increased project costs. The
Client further agrees to make no claim by way of direct or third -party action against IMEG with respect to any payments
within the limits of the contingency reserve made to the construction contractors because of such changes or because
of any claims made by the construction contractors relating to such changes.
Performance:
IMEG will prepare plans and specifications exercising usual and customary professional care in its efforts to comply
with applicable Code requirements, Federal, state and local laws, ordinances, and regulations, in effect as of the date
of this Agreement. IMEG makes no warranties, either expressed or implied. IMEG does not guarantee the completion
or quality of performance of contracts by the construction contractor or contractors, or other third parties, nor accepts
responsibility for their acts, omissions or any safety precautions.
Delays:
IMEG agrees to put forth its professional efforts to perform its services in a manner consistent with the agreed upon
schedule. However, the Client understands that IMEG's performance must be governed by sound engineering
practices. Additionally, IMEG is not responsible for delays in Client planning or construction schedules, failure of Client
to furnish timely information or documents, or to approve or disapprove IMEG's work promptly by reason of delay or
faulty performance by Client, other contractors, or governmental agencies, or any other causes beyond IMEG's
reasonable control.
Cost Opinions:
Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate
solutions, and considerations of operations and maintenance costs prepared by IMEG hereunder represent the
engineer's judgment as an experienced and qualified design professional. Accordingly, IMEG does not guarantee that
proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted.
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Construction Support:
If within the scope of work, construction support services are performed by IMEG and whether performed prior to,
during, or after completion of construction, shall be performed solely for the purpose of assisting in achieving
conformance with contract drawings and specifications; they do not guarantee contractor's performance. These
services shall be distinguished from inspection services which are furnished by others. The furnishing of support
services by IMEG shall not be construed as supervision of actual construction. IMEG shall not be responsible for
Contractor's means and methods and for providing a safe place for the performance of work by contractors or
contractor's employees or those of suppliers or subcontractors, or for access, visits, use, work, travel or occupancy by
any person.
Submittal Review:
If within the scope of work, IMEG shall review and take appropriate action on shop drawings, product data, samples,
and other submittals required by the Contract Documents. Such review shall be solely for general conformance with
the design concept and general compliance with the Contract Documents. It shall not include review of quantities,
dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of othertrades,
or construction safety precautions, all of which are the sole responsibility of the contractor.
Asbestos and Toxics:
IMEG shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons
to hazardous materials in any form at the project site, including, but not limited to, asbestos, asbestos products, PCB's
or other toxic substances.
Indemnification:
The Client shall defend, indemnify and hold harmless IMEG, its parent company, principals and all of its personnel and
any of its consultants from and against any and all claims, damages, losses and expenses (including reasonable
attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage,
loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone
directly or indirectly employed by the Client (except IMEG), or anyone for whose acts any of them may be liable.
Risk Allocation:
In recognition of the relative risks, rewards and benefits of the project to both the Client and IMEG, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, the total liability of IMEG and any of its
consultants to the Client and any third parties for any and all injuries, claims, losses, expenses, damages or claim
expenses arising out of this agreement or directly or indirectly from any services provided by IMEG regarding the project
that is the subject of this agreement from any cause or causes, shall not exceed our fee or $50,000, whichever is less.
Such causes include, but are not limited to, IMEG's negligence, errors, omissions, strict liability, breach of contract or
breach of warranty or any other claim or legal theory alleged.
Termination of Services:
This agreement may be terminated by the Client or IMEG should the other fail to perform its obligations hereunder. In
the event of termination, the Client shall pay IMEG for all services rendered to the date of termination, all reimbursable
expenses, reimbursable termination expenses and agrees to release IMEG from all liability for services performed.
Client acknowledges if the project services are suspended and restarted, there will be additional charges due to
suspension of the services which shall be paid for by Client as Additional Services. If Client is in default regarding the
Client's payment obligations under this agreement, and Client requests IMEG continue providing some or all services,
IMEG has no obligation to provide any further services unless Client provides financial assurances satisfactory to IMEG.
Ownership of Documents:
All documents produced by IMEG under this agreement shall remain the property of IMEG and may not be used by the
Client for any other endeavor without the written consent of IMEG.
Re -use of Files:
In accepting and utilizing any electronic files or drawings, reports and data on any form of electronic media generated
and furnished by IMEG ("electronic files"), Client covenants and agrees that all such electronic files are instruments of
service of IMEG, who shall be deemed the author, and shall retain all common law, statutory law and other rights,
including copyrights.
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Client agrees not to reuse these electronic files, in whole or in part, for any purpose or project other than the project
that is the subject of this agreement. Client agrees not to make changes or to transfer these electronic files to others
without the prior written consent of IMEG. Client further agrees to waive all claims against IMEG resulting in any way
from any unauthorized changes, use or reuse of the electronic files for any other project by anyone other than IMEG.
Liens:
This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop
notice right which IMEG may have for the performance of services pursuant to this agreement. Client agrees to provide
to IMEG the present name and address of the record owner of the property upon which the project is to be located.
Client also agrees to provide IMEG with the name and address of any and all lenders who may loan money on the
project and who are entitled to receive a preliminary notice.
Suspension of Work:
Upon delivery of a written notice by client to suspend services, IMEG will immediately suspend performance of its
services in the manner and for the duration directed by client in said notice. IMEG shall take reasonable steps to
preserve any deliverables or services in progress at the time of suspension. Upon written notice that the suspension
has been canceled, if the suspension period was less than sixty (60) calendar days, IMEG shall be entitled to an
equitable adjustment to the schedule only. However, if the suspension period was more than sixty (60) calendar days,
IMEG shall be entitled to an equitable adjustment to the schedule and the fee.
Extension of the Duration of Design and Construction Period:
IMEG's design and construction phase services fee is predicated upon the duration of design and construction stated
by client at the time of proposal preparation. Should the actual duration of design construction phases extend beyond
the stated period, IMEG shall be entitled to an adjustment to its design and construction phase services fee by an
amount equal to the average fees required for services during the immediate past three months of construction.
Owner Understands:
The duties and responsibilities of the Design Professional under this Agreement run only to Owner. The duties and
responsibilities of Design Professional do not extend to any third party including, without limitations, the successors
and assigns of Owner, any condominium unit owners association or any individual unit owner. There are no third party
beneficiaries of any kind for any reason of this agreement.
Arbitration:
It is recommended that any disputes, claims and other matters of question arising out of or relating to this Agreement
or breach thereof shall first go to mediation. Should mediation prove to be ineffective, the parties shall enter into
arbitration in the City that the project is constructed, in accordance with the rules of the American Arbitration Association,
and the award rendered by the arbitrators shall be final and binding on all parties, and may be entered as judgment by
any court of competent jurisdiction.
Attorney's Fees:
In the event IMEG has to pursue litigation to seek recovery of any fees owed to IMEG, the prevailing party shall be
entitled to reimbursement by the other party for all reasonable attorney's and expert fees, filing fees, and any other
costs or expenses reasonably incurred in the resolution of such dispute.
Entire Agreement:
This Agreement contains all terms and conditions agreed on by the parties hereto, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist, or bind any of the parties hereto.
Modifications:
No change, modification, or amendment to this Agreement will be valid unless agreed to by both of the parties hereto
in writing.
Successors and Assigns:
This Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and such party's
partners, successors, executors, administrators and assigns.
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Severability:
In the event any clause or portion thereof in this Agreement is deemed invalid or unenforceable by a court or arbitrator
of competent jurisdiction, then that clause or portion thereof shall be treated as if it were omitted at the time of execution,
and the remaining terms of this Agreement shall survive and be enforceable.
Applicable Laws:
Unless otherwise specified, this Agreement shall be governed by the laws of the State of California.
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CITY COUNCIL
8.1
Agenda #: 8.1
Meeting Date: January 15, 2019
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager i
TITLE: APPOINTMENTS TO THE PLANNING COMMISSION, PARKS AND
RECREATION COMMISSION, TRAFFIC AND TRANSPORTATION
COMMISSION AND GENERAL PLAN ADVISORY COMMITTEE TO
FILL THE UNEXPIRED TERMS.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
:7xd01Ly, ILy, l=1zIBl_AI[a]►A
A. Ratify the appointment of Aaron Salo to the Parks and Recreation Commission
by Council Member Lyons; and,
B. Ratify the appointment of William Rawlings to the Planning Commission; Allen
Wilson to the Parks and Recreation Commission; John Hoff ner to the Traffic and
Transportation Commission; and, Gary Busteed, Lee Paulson, and Andrew
Wong to the General Plan Advisory Committee by Council Member Chou.
FINANCIAL IMPACT:
No Fiscal Impact.
7_T91:(r]:1911101 oil 1] 6*9111*1 [e] LI I
The City's Municipal Code provides for each Council Member to make appointments to
each of the City's Commission and Committees subject to confirmation by a majority
vote of the full Council.
On February 20, 2018, Council Member Lyons appointed Andrew Chou to the Parks
and Recreation Commission. Subsequently, Mr. Chou was elected and sworn in as a
member of the City Council on December 4, 2018 thereby creating a vacancy on the
Parks and Recreation Commission.
As a newly elected Council Member the City's Municipal Code provides Council
Packet Pg. 130
Member Chou with the opportunity to make one appointment to each of the three
commissions, as well as three (3) appointments to the General Plan Advisory
Committee.
A notice of vacancy was posted soliciting interested persons to submit applications
between December 7, 2018 and January 2, 2019 at 5:00 p.m. From the applications
received by the January 2, 2019 deadline, the following appointments have been
proposed to fill the unexpired terms through February, 2020:
Council Member Nancy Lyons
Parks and Recreation Commission -
Council Member Andrew Chou
Planning Commission -
Parks and Recreation Commission -
Aaron Salo
William (Bill) Rawlings
Allen Wilson
Traffic and Transportation Commission -John Hoff ner
General Plan Advisory Committee: Gary Busteed
Lee Paulson
Andrew Wong
PREPARED BY:
Tommye Cr' ins, Ci4 6j,
ty Clerk 1/15/2019
8.1
Packet Pg. 131
TO:
FROM:
ADDRESS:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
ORGANIZATION-
AGENDA#/SUBJECT:
CP TL
DATE: I ¢ f�_'c26 f y
cG i-, 3ar,3 s'r PHONE: 709
expect to address the Council on the subject agendalsubject item. Please have the Council Minutes
reflect my name and address as written above.
/ �A ��/
Sig tune
This document is a public record subject to disclosure under the Public Records Act.
TO: CITY CLERK
FROM: DATE:�j
ADDRESS: PHONE:
(Optional)
ORGANIZATION: Il
AGENDA#/SUBJECT:',
(Optional)
I erect to address the Council on the subject agendalsubject 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.
e
VOLUNTARY" REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: DATE:
ADDRESS: PHONE:
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.