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011519 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 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca. General information: (909) 839-7010 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON SPECTRUM CABLE CHANNEL 3 AND FRONTIER ROS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING 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. Packet Pg. 9 6.1.a DECEMBER 18, 2018 PAGE 2 APPROVAL OF AGENDA: As Presented. 1. K 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. Packet Pg. 10 6.1.a DECEMBER 18, 2018 0 PAGE 3 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. Packet Pg. 11 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 Packet Pg. 12 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. Packet Pg. 13 6.1.a 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. Packet Pg. 14 DECEMBER 18, 2018 PAGE 7 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 Packet Pg. 15 6.1.a 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 z, f 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 Portfolio POOL j AP PM (PRF_PM2) 7.3 .0 Packet Pg. 54 0 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 AP Run Date: 12/28/2018 -16:03 PM (PRF P102) 7.3.0 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 AP PM (PRF_PM2) 7.3.0 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." 2 1360062.1 Packet Pg. 61 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 6.5.a 3 1360062.1 Packet Pg. 62 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 4 1360062.1 Packet Pg. 63 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 93 6.5.b Packet Pg. 64 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. 93 6.5.b Packet Pg. 65 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, 93 6.5.b Packet Pg. 66 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 93 6.5.b Packet Pg. 67 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. 93 6.5.b Packet Pg. 68 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. 93 6.5.b Packet Pg. 69 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. U 93 6.5.b Packet Pg. 70 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. Packet Pg. 71 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. Packet Pg. 72 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 Packet Pg. 74 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 Packet Pg. 75 s.s 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 Packet Pg. 76 s.s 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 Packet Pg. 77 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 Packet Pg. 78 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. Professional Services — Design 1292538.1 6.6.a Packet Pg. 79 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 1292538.1 Professional Services - Design Packet Pg. 80 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, 3 Professional Services — Design 1292538.1 Packet Pg. 81 6.6.a (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, 4 Professional Services - Design 1292538.1 Packet Pg. 82 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. 5 Professional Services - Design 1292538.1 Packet Pg. 83 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. 6 Professional Services — Design 1292538.1 Packet Pg. 84 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. 7 Professional Services - Design 1292538.1 Packet Pg. 85 6.6.a 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 1292538.1 invoices, or reports required by this the day of delivery if delivered by hand before or during regular business hours, Professional Services — Design Packet Pg. 86 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. 9 Professional Services — Design 1292538.1 Packet Pg. 87 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 il o� Sycamore ¢ Canyon .Park 'tom r + 41 Trail Head Parkin ' Lo g r� s. Project Site �+ ..rG � � • :1i r ik 5�p+Cdf778F2�pdi* ' • .� �� 4• a L.• � 3 1 �i J`I� ti 9.2 .t. . ,. - }; L0 L! D4 ff ; 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 Packet Pg. 119 6.7.e Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 4 of 13 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. Packet Pg. 120 Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 5 of 13 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 6.7.e Packet Pg. 121 Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 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 6.7.e Packet Pg. 122 Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 7 of 13 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. PAGE 2 Resume of Damian Weilbacher ) Gateway Science and Engineering, Inc. ) (626) 696-1600 6.7.e Packet Pg. 123 Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 8 of 13 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 6.7.e Packet Pg. 124 Christian Malpica/City of Diamond Bar 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 6.7.e Packet Pg. 125 6.7.e Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 10 of 13 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. �` ' Packet Pg. 126 6.7.e Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 11 of 13 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. �` ' Packet Pg. 127 6.7.e Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 12 of 13 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. �` ' Packet Pg. 128 6.7.e Christian Malpica/City of Diamond Bar Sycamore Canyon Construction Inspection Services IMEG# 20180082.PP December 7, 2018 Page 13 of 13 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. 6 Packet Pg. 129 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.