HomeMy WebLinkAbout071817 - Agenda - Regular Meeting
City Council Agenda
Tuesday, July 18, 2017
6:30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
JIMMY LIN
Mayor
RUTH M. LOW
Mayor Pro Tem
CAROL HERRERA
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins
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DIAMOND BAR CITY COUNCIL MEETING RULES
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
July 18, 2017
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Shaykh Nomaan Baig, Institute of
Knowledge
ROLL CALL: Herrera, Lyons, Tye, Mayor Pro Tem
Low, Mayor Lin.
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
Presentation of City Tile to Well and Fit Adult Day Health Care, Inc., 820 South
Diamond Bar Boulevard, as Business of the Month for July, 2017.
Presentation of Certificate of Recognition to Alexander Tsao on becoming a
member of Team USA and competing in the 2017 International Biology Olympiad
in England later this year.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
Presentation by Phil Hawkey, Executive Director regarding the San Gabriel Valley
Council of Governments (COG).
JULY 18, 2017 PAGE 2
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 Concerts in the Park - July 19, 2017 - 6:30 - 8:00 p.m. - Kelly Rae Band
(Country Rock) - Sycamore Canyon Park, 22930 Golden Springs Drive.
5.2 Movies “Under the Stars” - July 19, 2017 - Cinderella - Immediately
following Concerts in the Park - Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.3 Planning Commission Meeting - July 25, 2017 - 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.4 Concerts in the Park - July 26, 2017 - 6:30 - 8:00 p.m. - Mark Wood and the
Parrot Head Band (Tribute to Jimmy Buffet) - Sycamore Canyon Park,
22930 Golden Springs Drive.
5.5 Movies “Under the Stars” - July 26, 2017 - Finding Dory - Immediately
following Concerts in the Park - Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.6 Parks and Recreation Commission Meeting - July 27, 2017 - 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.7 City Council Meeting - August 1, 2017 - 6:30 p.m., AQMD/Government
Center, 21865 Copley Drive.
6. CONSENT CALENDAR:
JULY 18, 2017 PAGE 3
6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND
RESOLUTIONS AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVAL OF CITY COUNCIL MINUTES.
6.2.a Study Session Minutes of June 20, 2017.
6.2.b Regular Meeting Minutes of June 20, 2017.
Recommended Action: Approve.
Requested by: City Clerk
6.3 PARKS AND RECREATION COMMISISON MINUTES.
6.3.a Minutes of the March 23, 2017 Regular Meeting
6.3.b Minutes of the April 27, 2017 Regular Meeting
6.3.c Minutes of the May 25, 2017 Regular Meeting
Recommended Action: Receive and file.
Requested by: Parks & Recreation Department
6.4 RATIFICATION OF CHECK REGISTER DATED JUNE 21, 2017
THROUGH JULY 12, 2017 TOTALING $ 1,859,889.53.
Recommended Action: Ratify.
Requested by: Finance Department
6.5 TREASURER'S STATEMENT FOR MAY 2017
Recommended Action: Approve.
Requested by: Finance Department
6.6 APPROVAL OF NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL
BATTERY BACK-UP SYSTEM (BBS) PROJECT AT TWENTY (20)
SIGNALIZED INTERSECTIONS/LOCATIONS (PROJECT NUMBER
24117).
Recommended Action: Approve.
Requested by: Public Works Department
6.7 APPROVAL OF NOTICE OF COMPLETION FOR THE DIAMOND BAR
CENTER ROOF REHABILITATION PROJECT # 25617.
Recommended Action: Approve.
Requested by: Public Works Department
JULY 18, 2017 PAGE 4
6.8 APPROVE SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR THE
PROVISION OF SPECIALTY GRAPHIC DESIGN SERVICES IN A NOT-
TO-EXCEED AMOUNT OF $70,000 FOR THE 2017-18 FISCAL YEAR.
Recommended Action: Approve.
Requested by: City Manager
7. PUBLIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION: NONE.
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 6.1
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Tommye Cribbins, City Clerk
TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
RECOMMENDATION:
Approve.
PREPARED BY:
6.1
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Agenda #: 6.2
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF CITY COUNCIL MINUTES.
RECOMMENDATION:
Approve.
Attachments:
1. 6.2.a Study Session Minutes of June 20, 2017.
2. 6.2.b Regular Meeting Minutes of June 20, 2017.
6.2
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CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JUNE 20, 2017
STUDY SESSION: M/Lin called the Study Session to order at 5:30 p.m. in
Room CC-8 of the South Coast Air Quality Management District/Government Center,
21865 Copley Drive, Diamond Bar, CA 91765.
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem
Low and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg
Gubman, Community Development Director; Dianna Honeywell, Finance Director; Ken
Desforges, IS Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Assistant
to the City Manager; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public
Information Manager, and Tommye Cribbins, City Clerk.
► ECONOMIC DEVELOPMENT UPDATE.
CM/DeStefano stated that tonight staff is bringing to the City Council an economic
development update. As the Council is aware, the City recently rejoined the San
Gabriel Valley Economic Partnership after having not been a member for
approximately 10 years. This effort with Jeff Allred and his staff is to test the waters
for a time to determine whether the association with the partnership provides value
to the City and the business community.
Barry Foster with HdL has been a tremendous asset to staff and the City Council
with his specific retail assistance (acquisition of Smart & Final and WaBa Grill) and
will speak to what is happening in the immediate area. Larry Kosmo nt is also an
Economic Development Consultant. Larry was not available for tonight’s meeting;
however, he has been the longest serving member of the Economic Development
team and has been serving Diamond Bar for some 20 -25 years in a host of
capacities including assisting the City with its first bond measure for the Diamond
Bar Center as well as, other development opportunities and strategic plans. Larry’s
assignment with the City is to attempt to secure the hotel anchor development on
the Burger King/Honda property for which he has developed a Memorandum of
Understanding (MOU) with the property owner that will come to the Council in the
near future. The MOU outlines the expect ations for the project. On occasion, the
City has used Kaiser-Marsden Associates which is at a much higher elevation as
they look at opportunities for the City.
CM/DeStefano introduced Jeff Allred, Regina Wang and Jeff Barker from the San
Gabriel Valley Economic Partnership.
Jeff Allred explained that the Partnership was created 26 years ago by the cities of
the San Gabriel Valley as major business partners. For the most part, the cities
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have had a strong role in the partnership over the years until Redevelopment was
dissolved and cities lost their dedicated funding source. He came on board about
a year ago and determined that the organization needed to do something to provide
a tangible “value added” product or service to the cities. As a result, the partnership
created the San Gabriel Valley Power Site. The mission of the partnership is
“Advancing the economic vitality and quality of life in the San Gabriel Valley” for
public agencies and businesses. The organization fosters a “busine ss-friendly”
climate and success of businesses in the Valley, engages in political advocacy, and
markets the strengths of the Partnership and the San Gabriel Valley.
Mr. Allred said that for the past several years the Partnership has held an ICSC
(International Conference of Shopping Centers) exhibit in Las Vegas which until
this year was not very professional. This year, all of the cities including Diamond
Bar chipped in a little extra money (less than $2,000 each) that helped to create a
really beautiful and professional exhibit which generated a lot of activity with
retailers. On a monthly basis the Partnership holds a Power Lunch 2.0 for members
to provide them with business intelligence in various fields. For example, earlier
this month the luncheon presentation focused on “changes in the ACA vs
TrumpCare” which was underwritten by Bank of America. Basically, the
Partnership is the voice for business in the San Gabriel Valley and works hand in
glove with COG. Other activities include the Annual A wards Gala, Annual
Legislative Networking Reception, and Annual Economic Forecast Summit.
Regina Wang provided a power point presentation of the Power Site and specifically
the information available to Diamond Bar that contains multi-level detail regarding
population and age distribution, educational attainment, labor force information,
business information, income information, property ownership/rental information,
consumer spending, demographic information, commercial real estate information,
etc. She showed examples of how specific information can be modified and
included in various types of reports.
C/Lyons asked if developers were aware of this information.
Ms. Wang said that the Power Site is being promoted to developers through email,
broker events, businesses, etc.
C/Tye asked if Realtors would have to join the Partnership if they were interested
in this data.
Mr. Allred explained that the Association of Realtors are members of the
Partnership who are very aware of this Power Site which is free to members. There
is no data available for non-member cities.
M/Lin asked how Diamond Bar could specifically market to prospective businesses.
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Mr. Allred explained that each city wants something a little different from the
Partnership so when a city makes a request for a special marketing effort the
Partnership does its best to accommodate that request or all cities can be included
in a marketing effort.
M/Lin asked what the Partnership would do if a business came to it and said it
wanted to create a business in the San Gabriel Valley. Would it say that Diamond
Bar would be a good place to locate?
Mr. Allred said the Partnership does that. The Partnership has a Business
Assistance Manager who meets with perspective businesses on a regular basis to
show them different available sites in the Valley.
CM/DeStefano said that Diamond Bar will get an email that will say “we are looking
for a 100,000 square foot warehouse with certain dock loading, certain ceiling
heights, and other parameters, typically on the industrial manufacturing side and if
Diamond Bar has something it will reference it in a reply.
Ms. Wang said that conversely, the system can market its sites that are available
within its boundaries as well.
M/Lin asked what the annual dues are.
Mr. Allred responded $5,250. This product would cost cities at least $25,000 if they
were to do it on their own. This Power Site is an added value benefit.
C/Tye said this looked like something the Chamber of Commerce could do.
Mr. Allred explained that the Partnership is an umbrella over all Chambers of
Commerce so that whenever a City is a member, their respective Chamber of
Commerce is automatically an in-kind member. In this case, the Regional Chamber
of Commerce is a member at no charge. The Partnership works with Chambers,
cities and businesses etc., all of whom are under the umb rella.
C/Lyons asked if the League presentation will be put up so it can be seen locally or
do members have to go to Las Vegas to see it.
Mr. Allred reiterated that prior to the Las Vegas event there was a local demo. The
next event will be the General Assembly for COG on October 25 (ICSC Exhibit).
C/Herrera thanked the Partnership for sharing the information with the Council and
for all they do.
CM/DeStefano introduced Barry Foster, HDL, who mines scientific data and uses it
to great advantage for his clients like the City of Diamond Bar. He is also boots on
the ground and knows all of the retailers and knows exactly who to contact. When
CM/DeStefano was having a difficult time trying to figure out what Starbucks was
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doing on the corner and whether they ever planned to come to the new location in
front of Target, five seconds later Barry is giving him the home phone number of
the Starbucks guy.
CM/DeStefano called the Starbucks guy and got every answer he needed. Barry
comes from a background in public economic development.
Barry Foster presented an Economic Development Action Plan for Diamond Bar to
assist the City in bringing in new sales tax revenue which is important for funding
City services. In the San Gabriel Valley HdL works for Covina, Diamond Bar,
Glendora, Rosemead and Temple City. In addition, he worked for a number of
years in Monrovia to help build the downtown retail areas. HDL provides different
services for different cities including industrial, special feasibility reports, etc. and
has focused on the retail side for Diamond Bar. Much of the focus is a reuse of
vacant space as well as, ground up development.
C/Tye asked if HdL is paid regardless of the outcome.
Mr. Foster responded that in most cases; however some have been done as
percentage deals. Sometimes it takes time to get to what cities want. He believes
HdL was fortunate to accomplish a lot in Diamond Bar the past few years and is
pleased that he has been able to facilitate many of those transactions.
Economic Development is an effort to increase economic activity by strengthening
existing business areas, attracting new businesses and creating employment
opportunities along with making sure that the environment is right and that
everything has been done to stimulate that business environment. It is jobs created,
income generated, marketplace growth, increased sales tax revenue and having a
healthy business environment. During the recession a lot of cities cut back. Now
that things are getting better making the kinds of investments, being proactive and
being aggressive is what smart cities understand pays a lot of benefits. A city can
play an active role by looking at ways to work together to help facilitate the
development process while understanding development remains “market driven”
which is something HdL understands through market analysis.
MPT/Low asked Mr. Foster to address the trend that “brick and mortar” stores are
going away and people want to shop at home.
Mr. Foster said it had changed over the past five, six, seven years and has
continued to evolve. Shopping centers and retailers will never go away but many
are getting smaller which is part of what HDL looks at in figuring out the types of
spaces they want. For shopping centers, food is very important and at this point in
history, probably the biggest growth in retail is off -price whether it is Ross or
Burlington Coat Factory or TJ Max and Homegoods and on the restaurant side it is
fast/casual. A lot of sit down restaurants are not doing a lot right now. People want
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(especially women) quality food and quick service and when deciding on a location,
want a drive-thru because they can add another 30-40 percent to their bottom line.
Anything market-driven is very important and it is not only monetary incentives, it is
“how quickly can you get it done”. For cities, it is being consistent with development
standards and with the process.
.
Mr. Foster said that when HdL found out that Starbuck’s was moving which th ey
confirmed with the vice-president. Starbuck’s had a broker out of San Diego whom
he knew and had a couple of other uses they had spoken with that neither he nor
CM/DeStefano were that excited about. For this key corner he and CM/DeStefano
thought W aba would be better. In the beginning they thought about doing a
franchisee deal and HdL talked them into doing a corporate deal. Waba has 120
different restaurants and only 20 are corporate which offers a better guarantee and
more stability for the property owner. HdL, the broker and property owner worked
together to make it happen and met with the President of Waba here in Diamond
Bar at Starbuck’s before they relocated and then worked with staff to get things
opened as quickly as possible. Waba enjoyed the process and in fact, HdL has
done a couple more deals with them since that time. Waba is exactly the kind of
business Diamond Bar wants to have. They have a great track record and they are
expanding. It is a good fit for Diamond Bar.
CM/DeStefano said that in addition to what Barry mentioned, in lieu of just throwing
out the bait and trying to hook somebody up, Barry has a good understanding of
who and what Diamond Bar is and what it needs. For example, one cannot buy a
piece of furniture in Diamond Bar and it is difficult to find a location to place furniture
stores in Diamond Bar. But Barry knows the market and knows Diamond Bar
extremely well and to be able to quickly understand that and place people that will
do well like Waba, which is literally feeding the City’s business community, which is
exactly what Diamond Bar needs. The City needs more people staying and eating
in Diamond Bar at their lunch hour rather than going to Industry or Walnut. At the
same time, Barry knows what won’t work for Diamond Bar.
M/Lin asked why Diamond Bar could not attract a “Cheesecake Factory” or a fancy
upscale restaurant.
Mr. Foster said that almost none of those types of facilities were being constructed
at this time. And, where would that kind and size restaurant be put in Diamond Bar.
The City is pretty much built-out and needs to works on what it has.
M/Lin said there is empty land next to the Diamond Bar Center.
Mr. Foster said he worked on that project and that is not the locatio n that could
accommodate such a facility.
CM/DeStefano said there was an $8 million gap.
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Mr. Foster said that the Cheesecake Factory is a great example. While it is still a
popular restaurant, it has been sold off a couple of times. Mimi’s Café is on its third
owner and they are closing. Unfortunately, they were good at the time but they did
not stay current. Sit down restaurants are really tough to do and that market is not
back yet.
C/Tye said that his response to M/Lin would have been that Diamond Bar does not
support its restaurants. C/Tye felt that one of the best restaurants the City ever had
was D’Antonio’s Italian Restaurant. It sold and maybe it sold again, but if the City
does not support them they will go out of business.
MTP/Low said conversely, Diamond Bar does support El Pollo Loco and the pizza
parlors and the taco places.
CM/DeStefano said that there are some who frequent and enjoy upscale
restaurants but the overall community (business and residential) do not which is
why more people want to be in Diamond Bar.
CM/DeStefano asked Mr. Foster to talk about how he got Smart & Final to Diamond
Bar because they initially passed on the City and from Smart & Final came Sprouts.
Mr. Foster said that he heard before they officially announced that Smart & Final
was going to buy the former Hagans and they did not include Diamond Bar on that
list. He went to their Senior VP who he has known for a long time and who used to
be with Ralph’s and learned that he liked the site and liked Diamond Bar but he was
unsure about whether the Asian customers were their customers. HdL did some
market analysis to show that that location had a slightly lower Asian population and
that research analysis showed that Diamond Bar and that trade area specifically is
second-generation Asian which is very different from Monterey Park, for example,
to show that they are higher educated, make more money and their buying and
eating habits are very different. HdL provided enough information that allowed the
Senior VP to support locating in Diamond Bar and he got it approved with the senior
level and they ended up buying 29 stores. When they did their soft opening he took
pictures of Asian individuals with baskets completely full which he sent to the
President of the company. It was the best opening they had ever had and they
were very pleased. Again, it is a matter of telling the full story and having good
working relationships with companies and individuals. H dL is actually doing three
different Smart & Final deals all over the State of California. Because these people
understand how HdL works when they are approached about a site they understand
there is something to be considered. It doesn’t always prove fru itful but it helps to
get a foot in the door.
C/Tye said that when the store closed he contacted Stater Bros and Gelson’s and
Stater Bros was the most interested because one of their own lines was going to
go away but they still did not come in. Why would Smart & Final be interested in
that site and not Stater Bros or Gelson’s?
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Mr. Foster said that when he spoke with Stater Bros the Chino Hills site was too
close. Gelson’s did not want to do anything in the area and they bought sites in
Orange County, LA County and wanted to be in the Rancho Mirage community
which turned out not to be a very good location for them. Smart & Final with their
“Extra” concept gets past the Smart & Final name. If someone entered the store
without knowing it to be a Smart & Final it looks like Sprouts. Smart & Final is doing
very well.
CTye said he worries because some of the shelves are empty, not because people
are shopping but because shelves are not getting re-stocked.
Mr. Foster said that last time he checked sales were above average. While it is not
a fantastic store, it is not a bad store.
CM/DeStefano said that Smart & Final bought 29 stores out of the Hagan
bankruptcy. Next in line was Sprouts which had already turned Diamond Bar down
for that site. Sprouts turned the City down for what became the Walmart site. Staff
spent a lot of time on the Walmart site trying to get Sprouts to go into that site. In
that case, it was too close to Chino Hills which pushed them over to the site by
Kmart. Learning they were second in line in bankruptcy court to purchase the
Hagan spot he tied Sprouts with the Charles Company and got to the director of
real estate who happens to live in Arcadia who knows the general area and helped
the Charles Company and helped Sprouts to make that deal.
Mr. Foster said he has known Elizabeth for a long time and she really understands
the San Gabriel Valley. She was honest with him when HDL first approached her
when she said they were not ready to go to the area. She gets to do 15 new stores
in 14 western states a year, four in California and two in southern California so they
have to be very strategic about where and when they go. There are lots of places
they should be in the San Gabriel Valley but it is a matter of timing. Every store
needs to be a home run and they put a lot of thought and effort into their market
analytics. Mr. Foster said that HDL knows they want 100,000 people within a 10 -
minute drive-time and an average household income of $85,000 or more. They
wanted education attainment of college of 30 percent or more. So it was a matter
of showing them that the location made sense and that the timing was right which
led to getting it done.
C/Tye asked if Mr. Foster was involved with Diamond Bar when the City was trying
to get a Trader Joe’s.
Mr. Foster said it was after that. He knows the Trader Joe’s people and every city
they work with says “well, we think we can get a Trader Joe’s” and the problem is
that Trader Joe’s is not doing deals in suburban locations. They are doing infill
locations in LA, San Francisco and San Diego and are focused more out -of-state
where there are easier deals and they can make more money because of less
competition. Mr. Foster said that it is a matter of being realistic about what the City
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can and cannot get. He likes to push the envelope, but in the end, it will be market -
driven.
HdL tends to focus on drive-times. What people are looking for is a trade-area.
Brea Canyon Road at the SR60 is a very small part of Diamond Bar that picks up
Walnut, Industry and other areas which is what the retailers are looking for. It is not
the City as a whole, it is a matter of the trade areas and understanding what that
retailer or restaurant wants. Diamond Bar has a lot of strengths – a great location
and the City invests a lot of money in infrastructure which shows well. These are
characteristics that are really important when a retailer or restaurant is considering
coming to a community. Appearance and infrastructure is very important.
With respect to consumer demand, there is leakage with respect to full-service
restaurants. Again, there is a demand for it but it is a matter of finding someone
that wants to do it and the timing may not be right and it is a matter of figuring out
where they are to be located.
C/Tye asked how Chili’s is doing with respect to sales tax data .
Mr. Foster said Chili’s is above average. He believes that the reason it does well
is that there are not a lot of restaurants in that area. Starbuck’s at that location is
doing really, really well.
C/Tye said because of the drive-thru.
Mr. Foster agreed. And Jimmy John’s is doing well too.
HdL conducted a Void Analysis and looked at who was not here. Of about 1200
national and regional retailers and restaurants the pared down list contains
information about who HdL believes may want to come to Diamond Bar and who
they believe to be good fits. Some that were on the list a year ago are coming now.
C/Tye said the City was excited when they thought Orchard Supply was coming to
Diamond Bar.
Mr. Foster said that they talked with Orchard Supply a number of times but they
could not get a big enough space with sufficient outdoor area. They were looking
at the space that Smart & Final occupied. They have put stores in Glendora and
LaVerne and pulled back on the San Gabriel Valley for now but they will be ba ck.
C/Tye asked how hard it would be to get the Pancake House .
Mr. Foster said he has talked with the franchisee who would have this area and was
told that he has two or three in Orange County and is considering Diamond Bar.
Mr. Foster said he believes it would be a good fit.
6.2.a
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______________________________________________________________________
June 20, 2017 PAGE 9 CC STUDY SESSION
Areas of opportunity include Grand Avenue/S. Diamond Bar Boulevard; SR60/Brea
Canyon Road; SR60/Diamond Bar Boulevard; Village Center (Target Center) and
SR57 Corridor and Diamond Hills Plaza.
Mr. Foster concluded by saying that Diamond Bar does a great job with
development services by being business-friendly and having a can-do attitude
which a lot of cities do not have. He believes the City Council should do everything
possible to embrace that and do everything in its power to help that attitude moving
forward. Having people return phone calls and emails the same day is very
important as well as, doing everything possible to be consistent in the process and
overall, making Diamond Bar the best place to do business which he believes all
government needs to strive for. As he tells his employees, if there were no
developers, no businesses and no one wishing to do these things they would not
have a job. These are the people we serve and these are the people we want t o
make things happen with. It is good to have standards but most importantly, you
want to be consistent and business-friendly.
The next steps include feedback from City Councilmembers, drafting of a three -
year Economic Development Action Plan, and sol iciting input from Regional
Chamber of Commerce – SGV, Business Leaders & Stakeholders.
CM/DeStefano asked Councilmembers to contact him or CDD/Gubman if they had
any questions on the Economic Development update. He has kept Dan Fox
involved in all of this, sent him all of the information and talked with him about this
when he met with him a week or two ago. He and ACM/McLean will be meeting
with Dan again on Thursday and will provide him with additional information about
what is happening this evening. Larry Kosmont will be coming back to the City
Council and Dan to provide an update on the hotel project.
Public Comments: None
ADJOURNMENT: With no further business to come before the City Council, M/Lin
recessed the Study Session at 6:30 p.m. to the Regular Meeting.
________________________________
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of , 2017.
_______________________________
JIMMY LIN, Mayor
6.2.a
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 20, 2017
STUDY SESSION: 5:30 p.m., Room CC-8
► Economic Development Update
Public Comments: None.
Study Session Adjourned at 6:30 p.m. to the Regular City Council Meeting.
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:38 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/DeStefano reported that during tonight’s Study Session the Council was presented
with information regarding the San Gabriel Valley Economic Partnership’s activities and
how they can assist Diamond Bar in growing its business community. In addition, the
Council received a more detailed update on retai l trends and economic development
activity in the City including an update on the Ross/Sprouts development. Staff
provided the City Council with a memorandum update of various economic development
initiatives.
PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance
INVOCATION: Monsignor James Loughnane provided the
invocation.
ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Low
and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Director; Ken Desforges, IS Director;
David Liu, Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman,
Community Development Director; Kimberly Young, Senior Civil Engineer; Anthony
Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager;
Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mayor Lin and City Council Members presented a Certificate Plaque to
Daniel Chun and Roxanne Maldonado on behalf of King Bap, 1106 S.
Diamond Bar Boulevard as New Business for the Month of June.
6.2.b
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1.2 Mayor Lin and City Council Members presented a City Tile to Alison
Meyers, Community Services Coordinator, as she retires after 12 years of
service to the City of Diamond Bar.
1.3 Presentation of City Tile to City Manager James DeStefano upon his
retirement after 27 years of service to the City of Diamond Bar.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Cynthia Yu, Adult and Teen Services Librarian, informed the community that the
new hours for the Diamond Bar Library beginning July 1, 2017 are 10:00 a.m. to
8:00 p.m. Monday through Thursday; 9:00 a.m. to 5:00 p.m. Friday and Saturday
for a total of 56 hours per week. On Wednesday, July 5 at 3:00 p.m. teens are
welcome to join the library for a robotics workshop (Jinglebot). On Thursday,
July 6 at 2:00 p.m. kids are invited to make musical noise. To check out these
and other programs, visit the library’s website at www.colapublib.org. Many
library programs are sponsored by The Friends of the Diamond Bar Library.
Neveen Wissa has been living in Diamond Bar for almost 10 years. She works in
the church and serves the youth of the community. She asked the Council to
help with three issues. She trims trees in her backyard and still has many dead
branches from trees on Caltrans property. She lives close to the SR57 a nd she
hears a lot of noise and feels vibration at night when trucks are on the freeway
and would appreciate a Caltrans sound wall. She has applied for the Home
Improvement program since 2012 and has had no response. She applied again
last week and would appreciate it if the Council could help her get the application
processed.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responded to Ms. Wissa, the request for the fire department to
remove fuel at this time of year in order to reduce the possibility of fires affecting
properties and homeowners, if the location is known staff may be able to assist in
marrying a service club or Eagle Scout to assist. He will have a staff member
contact Ms. Wissa to obtain additional information. With respect to the locat ion
of the home near the freeway that has some 350,000 trips per day, there may or
may not be a freeway improvement project coming in that area. The SR57/60 is
undergoing many years of improvements. Regarding the Home Improvement
Program, the City keeps records of all applicants and the process of engagement
with each applicant. Staff will be able to look at records regarding a former
application. The program has strict criteria that is controlled by the Federal
Government through the Community Development Block Grant program (CDBG)
and staff can discuss that matter further with the speaker which may relate to
“eligibility.”
6.2.b
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5. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park – The Answer (Classic Rock) – June 21, 2017 – 6:30
p.m. to 8:00 p.m., 22930 Golden Springs Drive.
5.2 Movies “Under the Stars” – Immediately following the Concert – (The
Secret Life of Pets) – Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.3 Parks and Recreation Commission Meeting – June 23, 2017 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.4 Planning Commission Meeting – June 27, 2017 – 7:00 p.m. – Windmill
Community Room, 21810 Copley Drive.
5.5 Concerts in the Park – June 28, 2017 – 6:30 to 8:00 p.m., The Ravelers
(Rock ‘n Roll) – Sycamore Canyon Park, 22930 Golden Springs Drive.
5.6 Movies “Under the Stars” (Pete’s Dragon) – Immediately following
Concerts in the Park.
5.7 4th of July Blast – July 4, 2017 – 5:00 p.m. to 9:00 p.m., Diamond Bar High
School, 21400 Pathfinder Road.
5.8 July 4th Holiday – City Offices closed in observance of the July 4th Holiday.
Offices reopen on Wednesday, July 5, 2017 at 7:30 a.m.
6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve
the Consent Calendar as presented with MPT/Low pulling Items 6.6 and 6.7 for
separate consideration and C/Lyons abstaining on Item 6.2. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND
RESOLUTIONS AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2.1 Study Session of June 6, 2017
6.2.2 Regular Meeting of June 6, 2017
6.3 RATIFIED CHECK REGISTER DATED June 1, 2017 through June 14,
2017 totaling $1,371,444.92.
6.2.b
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6.4 APPROVED EXPENDITURES WITH THE CASTLE PRESS IN THE
AMOUNT OF $63,344 PLUS AN ADDITIONAL 10% CONTINGENCY OF
$6,334, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $69,678 FOR
PRINTING AND MAIL PREPARATION SERVICES DURING FISCAL
YEAR 2017-18.
6.5 APPROVED ADJOURNING THE CITY COUNCIL MEETING OF JUNE
20, 2017 TO JULY 18, 2017.
6.8 APPROVED EXTENSION OF CONTRACT AGREEMENT WITH MCE
CORPORATION FOR STREET MAINTENANCE SERVICES FOR A
TOTAL NOT-TO-EXCEED AMOUNT OF $165,600.73 FOR FISCAL
YEAR 2017-18.
6.9 APPROVED EXTENSION OF CONTRACT AGREEMENT WITH WEST
COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND
WATERING SERVICES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF
$293,460 FOR FISCAL YEAR 2017-18.
6.10 APPROVED AMENDMENT #2 TO THE MAINTENANCE SERVICES
AGREEMENT WITH GUARANTEED JANITORIAL SERVICES FOR THE
LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK
COMMUNITY CENTER, AND PANTERA PARK ACTIVITY ROOM IN THE
AMOUNT NOT-TO-EXCEED $141,815.88 FOR FISCAL YEAR 2017-18.
6.11 AWARDED CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT FOR THE AREA 5 RESIDENTIAL AND COLLECTOR
STREET REHABILITATION PROJECT AND THE BREA CANYON
CUTOFF DRAINAGE IMPROVEMENT AND PAVEMENT
REHABILITATION PROJECT, TO ONWARD ENGINEERING, INC. IN
THE AMOUNT OF $107,276 AND AUTHORIZED A CONTINGENCY
AMOUNT OF $10,727 FOR CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$118,003.
6.12 APPROVED AMENDMENT #3 TO AGREEMENT WITH TENNIS
ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2017
THROUGH JUNE 30, 2018 IN THE AMOUNT OF $70,000.
6.13 APPROVED FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT
COMPLIANCE SERVICES, INCREASING THE CONTRACT BY $35,100
FOR FISCAL YEAR 2017-18 FOR A TOTAL NOT-TO-EXCEED COST OF
$55,384.
6.2.b
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JUNE 20, 2017 PAGE 5 CITY COUNCIL
6.14 APPROVED SECOND AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH SJC3 CONSULTING, INC. TO
ADMINISTER THE CITY’S HOME IMPROVEMENT PROGRAM (HIP),
INCREASING THE CONTRACT BY $20,000 FOR FISCAL YEAR 2017 -18
FOR A TOTAL NOT-TO-EXCEED COST OF $59,560.
6.15 APPROVED AMENDMENT NO. 3 TO CONSULTING SERVICES
AGREEMENT FOR STORMWATER COMPLIANCE AND
ENVIRONMENTAL ENGINEERING SERVICES WITH JOHN L. HUNTER
& ASSOCIATES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $74,500
FOR FISCAL YEAR 2017-18.
6.16 APPROVED AMENDMENT NO. 3 TO CONSULTING SERVICES
AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PROJECT
MANAGEMENT SERVICES WITH PROJECT PARTNERS, FOR A
TOTAL NOT-TO-EXCEED AMOUNT OF $100,000 FOR FISCAL YEAR
2017-18.
6.17 APPROVED AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SIMPSON ADVERTISING, INC. IN THE AMOUNT
OF $6,000 FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $66,762 FOR
FISCAL YEAR 2016-17.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.6 AWARD THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES CONTRACT TO MNS ENGINEERS, INC. FOR THE
DIAMOND BAR BOULEVARD STREETSCAPE IMPROVEMENTS
PROJECT (BETWEEN GOLDEN SPRINGS DRIVE AND SR60
FREEWAY) IN A NOT-TO-EXCEED AMOUNT OF $295,866.
6.7 AWARD DESIGN AND CONSTRUCTION MANAGEMENT SERVICES
CONTRACT TO TAIT & ASSOCIATES, INC. FOR THE GROUNDWATER
DRAINAGE IMPROVEMENTS AT THREE LOCATIONS (GOLDEN
SPRINGS DRIVE AT PLATINA, BREA CANYON ROAD AT SAPPHIRE,
AND CASTLE ROCK ROAD AT HIPASS) IN THE AMOUNT OF $117,515
AND AUTHORIZE A CONTINGENCY AMOUNT OF $17,627 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR
A TOTAL AUTHORIZATION AMOUNT OF $135,142.
MPT/Low questioned the quantifiable evaluation in the report concerning
the contractors and their qualifications asking whether or not the price of
the submitted contract played a role in the selection of the contractor.
PWD/Liu responded that with respect to professional services contracts
the City is required to perform a “qualification -based” process. In the
report there are six main criteria identified which are each weighted
6.2.b
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JUNE 20, 2017 PAGE 6 CITY COUNCIL
differently up to 100 percent. In addition, although it is secondary to the
weighted criteria, the City needs to look at submissions from a business
point of view as to whether or not the costs, based on the scop e of work
and thoroughness of the proposal to make sure the corresponding fees
make sense as an industry “best practice.”
M/Lin said that if state or federal funds are involved in the design, price
cannot be used as a criteria.
MPT/Low moved, C/Lyons seconded, to approve Items 6.6 and 6.7.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION 2017-25 ADOPTING A SCHEDULE OF RATES,
FEES AND CHARGES FOR COMMUNITY DEVELOPMENT SERVICES
AND ADMINISTRATIVE/MISCELLANEOUS FEES. (Continued from May
2, 2017).
ACM/McLean reported that this resolution contains recommendations from
the City Council’s Fee Study Subcommittee which sets fee levels for
development services including Planning, Engineering and Building and
Safety functions as well as, fees for various administrative services. Staff
plans to continue working with the Fee Study Subcommittee to develop
recommendations for the Parks and Recreation Department for
consideration at a later date.
Diamond Bar provides customer service-focused and cost-effective
municipal services to the public which are classified under Community
Supported Services or Personal Choice Services. Community Services
are usually subsidized due to a contribution to overall community welfare
which include police services, parks, street maintenance and
development, and are usually funded with tax dollars. Personal Choice
Services are services that are provided directly to individuals for personal
benefit and include permits to construct home repairs and improvements,
tenant improvements, facility rentals (Diamond Bar Center for private
events) and it is assumed that the cost to provide Personal Choice
Services should be borne by the individual receiving the benefit (not
subsidized by the taxpayer).
6.2.b
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In 2016 CM/DeStefano entered into a contract with Revenue Cost
Specialist (RCS) to complete the City’s first comprehensive fee study
since 2009. This fee study was commissioned with a series of goals in
mind, the first being to complete a cost and revenue analysis to determine
the fully-burdened cost of the Personal Choice Services provided b y the
City. The second goal was to identify the beneficiary of these services
and determine if the costs should be subsidized by taxpayers or paid for
by the beneficiary. The third goal was to develop a legally defensible
baseline for full-cost recovery of Personal Choice Service fees in
accordance with the California Constitution which includes a provision
known as “the cost reasonably borne test.” This test provides that the City
is entitled to collect fees for Personal Choice Services that include all
direct and indirect costs – overhead and debt services costs, as
established in the study, but no more than that. The final goal was to
bring forth recommendations to the policymakers (City Council) for fee
adjustments to ensure that the City’s longtime financial health and ability
to maintain service levels is maintained in the long term.
After months of work coordinating with RCS and every City department,
staff compiled time and volume data for each Personal Choice Service,
calculated the overhead and administrative costs for each, the time each
employee spends to provide that service and the final report shows that
currently, the City’s full cost of providing Personal Choice Services
exceeds current and expected fee revenues across all service sect ors.
For Development Services, the report found subsidies of over $900,000 in
FY 2015-16 (the last year of complete data) which is a 38.3 percent
subsidy. Administrative Services (less volume) was found to be
subsidized by a little over $25,000 or 14.2 percent during the same fiscal
year.
The results of the Fee Study were brought forward to the City Council in a
series of meetings beginning at the February 21, 2017 Study Session
followed by three meetings in Open Session (March 7, April 18 and May
2). Staff presented the findings to the City Council and made a
recommendation that a full-cost recovery be the policy for all Personal
Choice Services. The City Council deliberated the matter and to develop
more recommendations, the Mayor and Council created the Fee Study
Subcommittee with MPT/Low and C/Lyons serving as its delegates. The
Fee Study Subcommittee subsequently met with staff on two occasions
(May 15 and May 24) and carefully reviewed the entirety of the report line
by line.
The Fee Study Subcommittee’s recommendations are as follows:
A) Fees for Community Development and Administrative/Miscellaneous
Services should be set at full-cost recovery levels with some notable
exceptions that were created in an effort to reduce the impact on
6.2.b
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JUNE 20, 2017 PAGE 8 CITY COUNCIL
residential and business development in Diamond Bar; 1) a plot plan
review, 2) a streamlined plot plan review, 3) planning approval, 4) a new
business license processing and 5) a renewal for business license
processing. For each of these exceptions the sub committee recommends
that the fees be phased-in to full-cost recovery levels over three years.
B) Keep residential parking permit fees at a $0.00 rate. This is a full -
subsidy but would be done to make sure that residents are not negatively
impacted by parking.
C) Add an annual CPI escalator beginning July 1, 2018 and annually
thereafter to ensure that rates remain current.
D) Any fees found in the study to exceed the estimated cost of providing
the service shall be reduced as set forth in the attached resolution.
E) Fee Schedules should include a statement clearly identifying deposit -
based fees to customers. In the attachments for each of the fee
schedules in each department or service sector a footnote has been
included that identifies those that have “deposit based fees” that may
result in refunds to the customer provided that the service does not
exceed the deposit amount.
F) The subcommittee recommends to the City Council that the
subcommittee remain in place for the sole purpose of reviewing and
providing recommendations on the 2017 policy-related Parks and
Recreation fees.
Upon full implementation of the Subcommittee’s recommendation over a
three-year period, Development Administrative Services Fees Studies will
be reduced by approximately $600,000. The Subcommittee’s
recommendations balance long-term fiscal sustainability strategies with
standing practices of enacting resident and business -friendly policies, a
key point that was made to staff throughout this process. In addition,
these recommendations reach taxpayer equity by eliminating subsidie s
that taxpayers are currently paying.
Staff recommends that the City Council consider the Subcommittee’s
recommendations and approve the Resolution. If approved, the
Development Services Fee adjustments would be effective 60-days from
adoption while those for Administration would be effective immediately.
M/Lin opened the Public Hearing at 7:45 p.m.
With no one present who wished to speak on this item, M/Lin closed the
Public Hearing at 7:45 p.m.
6.2.b
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C/Lyons said that ACM/McLean described the process the subcommittee
used. The study was looked at very thoroughly and she believed the
subcommittee had done a good job by primarily concentrating on
mitigating cost increases to the individual homeowner and small business
persons. The subcommittee looked at a number of other fees that looked
somewhat out-of-line, but after digging into the details, learned they really
were not out of line. One example was a fee specified for false alarms
and after further researching the matter the subcommittee learned that a
resident could have two false alarms within a 12-month period with no
charge. However, if they had a third false alarm there would be a $125
charge and knowing that the first two were essentially “free” it seemed like
the third false alarm fee was very reasonable. The subcommittee also
noticed that some of the fees were reduced and she feels very confident
that the subcommittee and staff have presented a good balance for the
taxpayers with some phasing in for homeowners and small businesses.
MPT/Low agreed. The subcommittee spent a lot of time on this and staff
was very responsive which for her resulted in balancing the cost of
providing service versus the burden on all taxpayers and individual
taxpayers. The subcommittee believes that the City has done a good job
keeping fees as low as possible while creating equity for all.
C/Herrera thanked C/Lyons and MPT/Low for taking the extra time to
delve into this matter with staff. She felt it was an overwhelming tax where
the original report was 350 or so pages and it was a difficult document to
wade through and figure out the best course of action. She appreciates
the time C/Lyons and MPT/Low took on behalf of the Council and she
believed phasing-in was an excellent suggestion and fully supports the
Subcommittee’s recommendation.
C/Tye again asked how full-cost was determined. For example, a
Planning Appeal which will go from $722 to $3575.
ACM/McLean reiterated that the consultants spent many months in
meetings with each department to work out the hours spent to provide
each service. In the case of a Planning Appeal, there are four different
employees that touch that particular service from beginning to end. Staff
worked out the unit time for each of those and applied those amounts to
get the full number. The unit time is multiplied by the staff member’s full
burdened rate which is created by background work that includes all
overhead costs, salaries, benefits, etc. The time motion was conducted to
figure out how much time each employee spent on each of the services
which was then used to calculate and create the number for each service.
C/Tye said that technically, if the City went a week or month or any time
period with no Planning Appeals, no Plot Plan Reviews, No Streamline
Plot Plans, the City continues to have the same employees which is a
6.2.b
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JUNE 20, 2017 PAGE 10 CITY COUNCIL
fixed cost. So how does the City manage that fixed cost with a balance
between what staff is actually doing and what is being recommended?
ACM/McLean further explained that there are various volumes that are
associated with each service. A Planning Appeal does not happen many
times throughout the year but there are a lot of other services that are
provided. So if employees are not providing a “Planning Appeal” for
example, they are conducting other business and in looking at each unit
provided under each service there are certain items that have much higher
volumes. The City also uses contract employees wherever possible, o n
an as-needed basis so that if they are not participating in a particular
project that service is not being charged.
ACM/McLean responded to M/Lin that the CPI is an annual adjustment
which allows the City to stay with changing trends.
M/Lin asked if this would continue until such time as the Council decided
not to implement the CPI and would it be a perpetual adjustment.
ACM/McLean responded yes, it would be perpetual unless otherwise
directed by the City Council.
M/Lin asked what the subsidy level would be with the new proposal.
ACM/McLean explained that the recommendation from the Fee Study
Subcommittee is to implement a full-cost recovery schedule but for those
five exceptions and at the end of the three-year phasing period the City
would be at a full-cost recovery level for all Administrative and
Development Services based on today’s information and factors that
influenced this particular study.
C/Lyons moved, MPT/Low seconded, to Adopt Resolution 2017 -25
Adopting a Schedule of Rates, Fees, and Charges for Community
Development Services and Administrative/Miscellaneous Fees as
recommended. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
.
7.2 ADOPT RESOLUTION NO. 2017-26(A), NO. 2017-27 (B) AND NO.
2017-28(C) LEVYING ASSESSMENT ON CITY OF DIAMOND BAR’S
LANDSCAPE DISTRICTS NO. 38, NO. 39 AND NO. 41, FOR FISCAL
YEAR 2017-18.
6.2.b
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M/Lin reported that he lives within 500 feet of LLD No. 39 and
recused from voting on that district.
PWD/Liu provided the Council and community a brief financial summary
for each of the districts. The levy rate for District No. 38 for FY 2017-18 is
proposed to be $15 per parcel which would generate $272,145 in
assessment revenue. The total annual budget for this district is $429,299.
As a result, $157,154 of the General Fund will be used to subsidize the
budget in order to maintain the operation and maintenance for D istrict No.
38.
For District No. 39, the levy rate of $236 per parcel which would generate
$295,236 in assessment revenue. Combined with the carryover fund
balance of $43,223 and $33,257 of General Fund monies, the total annual
budget in District No. 39 is $371,716.
District No. 41, the levy rate of $220.50 per parcel which will generate
$122,157 in assessment revenue. With a total annual operation and
maintenance budget of $233,196, the City is subsidizing District No. 41
with $5,000 of Prop A Safe Park Funds and $106,839 of General Fund
monies.
Landscape Improvements to be maintained by District No. 38 are the
parkways and medians throughout the City which reflects a total
maintenance area of approximately 10.4 acres and the number of parcels
within District No. 38 is 18,143. Staff therefore recommends that the
assessment amount of $15 for each accessible lot within District No. 38 be
approved and that the Resolution levying the assessment for Fiscal Year
2017-18 be adopted by the City Council.
Landscape Improvements to be maintained by District No. 39 are the mini -
parks, slopes and open space areas within its boundaries which reflects a
total maintenance area of almost 61 acres and the number of parcels
within District No. 39 is 1,251. Staff therefore recommends that the
assessment amount of $236 for each assessable lot be approved and that
the Resolution levying the assessment for Fiscal Year 2017-18 be
adopted by the City Council.
Landscape Improvements to be maintained by District No. 41 are the
slopes and open space areas which reflects a total maintenance area of
15.6 acres and the number of parcels within District 41 is 554. Staff
therefore recommends that the assessment amount of $220.50 for each
assessable lot be approved and that the Resolution levying the
assessment for Fiscal Year 2017-18 be adopted by the City Council.
C/Herrera asked if it was correct that no increases were proposed in any
of the assessments and that the amounts remained the same as in the
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previous fiscal year.
PWD/Liu said that C/Herrera was correct.
M/Lin opened the Public Hearing at 7:59 p.m.
With no one present who wished to speak on this matter, M/Lin closed the
Public Hearing at 7:59 p.m.
C/Tye asked if the City is any closer to assigning properties back to their
respective homeowner associations and getting the City out of the
business of taking care of private property.
CM/DeStefano reminded C/Tye that Council recommended staff to look
into the dissolution of District No. 41 which had to do with the amount of
resources needed to maintain the properties in the district far exceeding
the amount of revenue coming to the City. That process is underway as
the City looks at different alternatives working with the homeowner’s
associations and the private property owners to dissolve or find some
alternative means of dealing with the significant public subsidy of that
private district.
C/Herrera moved, MPT/Low seconded, to Adopt Resolution No. 2017 -26),
Resolution No. 2017-27 and Resolution No. 2017-28 levying assessments
on City of Diamond Bar Landscape Districts No. 38, No. 39 and No. 41 for
Fiscal Year 2017-18. Motion carried by the following Roll Call vote with
M/Lin abstaining from his vote on Landscape District No. 39 Resolution
2017-27:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 APPROVAL OF CONTRACT WITH YMCA OF POMONA VALLEY
ACQUIRING PARCEL NOS. 8718-005-007 AND 8718-005-008 FOR
PUBLIC USE AS A NEIGHBORHOOD PARK AT A PRICE OF $740,000
AND APPROPRIATION OF FUNDS FROM GENERAL FUND
RESERVES.
CA/DeBerry presented for the City Council’s consideration a real property
purchase agreement with the YMCA for the City’s purch ase of a 2.83-acre
parcel in the amount of $740,000 which includes all closing costs. The
property is located at the terminus of Sunset Crossing and lies between
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the YMCA and the Pony League fields. The property was previously used
as a baseball practice field, but to staff’s knowledge, there has been no
use of this property over the last ten years. In its current state, it is fenced
off and lies fallow (not well maintained). The property is zoned for
recreational purposes and the City intends to use the property for
purposes which are consistent with that zoning which would be park
purposes. The current proposal is to develop approximately one (1) acre
of the property as a neighborhood park and hold the remaining 1.83 acres
so that at some future point in time the City Council would determine what
type of park it might want to use that particular piece of property for.
There are no specific plans for the neighborhood park with respect to
amenities and layout – that will be decided at a later time after the City
gets more input from the neighborhood and other interested parties. If the
City Council approves the agreement tonight it will authorize the Mayor to
execute the Purchase and Sale Contract and authorize the City Manager
to sign the Certificate of Acceptance of the Grant Deed and authorize the
appropriation of $740,000 from the City’s General Reserve Fund.
MPT/Low asked if there was any public comment on this matter and there
was no response.
C/Herrera said she was very pleased to move approval of this item.
C/Tye thanked CM/DeStefano and CA/DeBerry for negotiating what he
believes is a fair contract to provide parkland in an area currently void of
parkland.
C/Herrera moved, C/Tye seconded, to approve a Contract with the YMCA
of Pomona Valley acquiring Parcel No’s 8718-005-007 and 8718-005-08
for public use as a neighborhood park at a price of $740,000 and
appropriation of funds from General Fund Reserves.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons said she was unable to attend the last Council meeting d ue to business
travel and commented that she had an opportunity to review the numbers and
support for the numbers in the upcoming budget for FY 2017 -18 and asked a
number of questions and sought clarifications. She found the budget to be very
well put together, nicely documented and most of all, Diamond Bar-conservative.
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She offered a big thank you to FD/Honeywell and her staff for their hard work.
She mentioned her support for new City Manager Dan Fox. Council had many
applications and candidates to pick from and truly found that Dan Fox was a
superior choice and a superior fit for Diamond Bar. The last week of school she
attended the International Baccalaureate Exhibition at Castle Rock Elementary
School and the fifth grade students presented such varied topics as
desalinization, technology addiction, homeless veterans and countless more.
Each presentation was completely put together by the students and all were
exceptionally well-done. Congratulations to the fifth grade teachers who had
everything to do with the students and parents on a terrific way to end the school
year. C/Lyons encouraged everyone to join her and her family tomorrow night for
the Concerts in the Park and for the 4th of July Blast.
C/Herrera said that the Council started its evening with a Study Session on
Economic Development which is an item that is extremely important for the City.
It is extremely important for residents to support the City’s businesses, to
strengthen its businesses and to bring in new businesses that will bring sales tax
dollars to the City so that it can continue to provide residents with programs and
maintenance in the City that everyone expects and loves. Thank you to
CM/DeStefano for arranging tonight’s Study Session. Council had a lot of
questions and decided the meeting could have lasted for two hours instead of
one which goes to show that perhaps the Council should do this more often. The
presenters were very helpful in answering Council questions. Residents come to
Council Members and ask why they can’t have this or that and the two
presenters have those answers. It is a matter of quality growth for the City.
C/Herrera said the Council and City will truly miss Jim, his knowledge and
expertise, and all that he brings to Diamond Bar. We wish you well, Jim!
C/Tye said that on July 4th the City runs a skeleton crew and he believes
CM/DeStefano should work at City Hall on July 4th. A lot of people will be at the
Concerts in the Park and a lot of people will be at the 4 th of July Blast. A lot of
people get to see “those” people at work and if they are paying attention they get
to see the City staff at work but he is not sure that people appreciate the “behind
the scenes” people. He said thank-you and Happy Father’s Day to David Liu,
that on Father’s Day at about 6:00 p.m. C/Tye became aware that there was a
problem on Diamond Bar Boulevard where a hill had slipped and David Liu came
out to make sure everything was taken care of and Walnut Valley Water was
onsite. He believes that everybody on staff never takes their pager off or turns
the phone off. Staff is the best there is. CM/DeStefano has cultivated a great
staff and mentored them and believes they all appreciate working in Diamond
Bar. Every chance he has he wants to tell everyone how much he appreciates
staff. It won’t be the same without CM/DeStefano. It has been a great 11 years.
CM/DeStefano has steered Council and this City in the right direction and now it
is up to Dan Fox to carry on. Thank you, CM/DeStefano very much for all of your
efforts on behalf of the City.
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MPT/Low echoed C/Tye’s comments about CM/DeStefano. CM/DeStefano’s
name is synonymous with excellence which is known in the City of Diamond Bar
as well as, throughout the region. When anyone says the name Jim DeStefano
neighboring cities equate that with his stellar service to the City and to the region.
Thank you and you will be missed very much. This week she attended a
Neighborhood Watch presentation by Deputies Schiller and Lusane which is an
excellent presentation on available resources and how homeowners can protect
their homes and property and watch out for others. Crimes and property crimes
are on the rise and anyone interested in participating in the program should
contact the Sheriff’s Department and/or th e City. The summer weather is upon
us and while everyone continues to conserve water don’t neglect the large trees
and plants because it takes years and years to grow trees that give so much
back to humanity and it would be a shame if they died due to neg lect. She
wished everyone a Happy July 4th and hoped to see everyone at Diamond Bar
High School for the 4th of July Blast and at tomorrow’s Concert in the Park.
M/Lin said that in 40 plus years of his professional career he has worked for all
levels of government in 30 plus states and has dealt with lots of city managers
and has seen very few good ones and a lot of bad ones and most are mediocre
at best. From the bottom of his heart, it is very rare to find someone a person
can respect and someone who truly has passion for his work and does not have
a big ego and desire to have the limelight in front of the public. In just a short
three years of intense work with CM/DeStefano he found that he is one of the
best in this business. While M/Lin is happy for CM/DeStefano’s retirement, it is a
big loss for the City and therefore, he will adjourn tonight’s meeting in honor of
Jim DeStefano.
ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular
City Council Meeting at 8:15 p.m. in honor of City Manager James DeStefano.
_____________________________________
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2017.
JIMMY LIN, MAYOR
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Agenda #: 6.3
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PARKS AND RECREATION COMMISISON MINUTES.
RECOMMENDATION:
Receive and file.
Attachments:
1. 6.3.a Minutes of the March 23, 2017 Regular Meeting
2. 6.3.b Minutes of the April 27, 2017 Regular Meeting
3. 6.3.c Minutes of the May 25, 2017 Regular Meeting
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Agenda #: 6.4
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JUNE 21, 2017
THROUGH JULY 12, 2017 TOTALING $ 1,859,889.53.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,859,889.53 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Coun cil Meeting.
DISCUSSION:
The attached check register containing checks dated June 21, 2017 through July 12,
2017 for $ 1,859,889.53 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:
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Attachments:
1. 6.4.a Check Register Affidavit 7-18-17
2. 6.4.b Check Register 7-18-17
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Agenda #: 6.5
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT FOR MAY 2017
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per City policy, the Finance Department presen ts the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City’s Investment Policy.
PREPARED BY:
REVIEWED BY:
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Attachments:
1. 6.5.a May 2017 Treasurer's Report
2. 6.5.b May 2017 Investment Portfolio Report
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Agenda #: 6.6
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF NOTICE OF COMPLETION FOR THE TRAFFIC
SIGNAL BATTERY BACK-UP SYSTEM (BBS) PROJECT AT TWENTY
(20) SIGNALIZED INTERSECTIONS/LOCATIONS (PROJECT
NUMBER 24117).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND/DISCUSSION:
The City Council awarded a construction contract to Elecnor Belco Electric, Inc. on
January 17, 2017 in an amount not to exceed $193,560 with a contingency amount of
$20,000 for a total authorization amount of $213,560. The City authorized the Notice to
Proceed for the construction on May 10, 2017. The additional signalized intersections to
be installed with new Battery Back-up System (BBS) units are:
1. Brea Canyon Road and SR—60 WB Ramps
2. Diamond Bar Boulevard and Clear Creek Canyon Drive
3. Diamond Bar Boulevard & Crestview/Tin Drive
4. Diamond Bar Boulevard & Gold Rush Drive
5. Diamond Bar Boulevard & Highland Valley Road
6. Diamond Bar Boulevard & K-Mart Drive
7. Diamond Bar Boulevard & Palomino Drive
8. Diamond Bar Boulevard & Shadow Canyon Drive
9. Diamond Bar Boulevard & SR-57 NB On-Ramp
10. Diamond Bar Boulevard & Sugar Pine Place
11. Golden Springs Drive & Calbourne Drive
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12. Golden Springs Drive & Carpio Drive
13. Golden Springs Drive & Golden Prados Drive
14. Golden Springs Drive & High Knob Road
15. Golden Springs Drive & Prospectors Drive
16. Golden Springs Drive & Racquet Club Drive
17. Golden Springs Drive & Rapidview Drive
18. Golden Springs Drive & SR-60 EB Ramps
19. Pathfinder Road & Brahma Boulevard
20. Pathfinder Road & Evergreen Springs Drive
These locations were selected because they are heavily traveled arterial intersections
or locations that receive significant school area traffic. The installation of BBS will allow
for emergency power during a power outage up to 5 hours in normal operation (green,
yellow and red lighting) and an additional 4 hours on red flash.
Elecnor Belco Electric, Inc., has completed all work required of this project including all
punch-list items on June 15, 2017. The final construction cost of the project is $193,560
which is $20,000 under the overall authorized project budget. No contract change
orders were issued for this project.
With the completion of this project, the final number of BBS units at our signalized
intersections totals fifty-three (53). See attached map for all current locations equipped
with BBS including the completed twenty (20) units as part of this project.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.6.a MAP- BBS LOCATIONS
2. 6.6.b NOTICE OF COMPLETION
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Current Battery Back-Up (BBS) Units - Locations
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Copley Drive
Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; “In fee”
(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on June 15, 2017. The work done was:
Installation of Traffic Signal Battery Back-Up Systems at Brea Canyon Road/SR-60 WB Ramps, Diamond Bar
Boulevard/Clear Creek Road, Diamond Bar Boulevard/Crestview-Tin Drive, Diamond Bar Boulevard/Gold
Rush Drive, Diamond Bar Boulevard/Highland Valley Road, Diamond Bar Boulevard/K-Mart Drive, Diamond
Bar Boulevard/Palomino Drive, Diamond Bar Boulevard/Shadow Canyon Drive, Diamond Bar Boulevard/SR-57
NB On-Ramp, Diamond Bar Boulevard/Sugar Pine Place, Golden Springs Drive/Calbourne Drive, Golden
Springs Drive/Carpio Drive, Golden Springs Drive/Golden Prados Drive, Golden Springs Drive/High Knob
Road, Golden Springs Drive/Prospectors Drive, Golden Springs Drive/Racquet Club Drive, Golden Springs
Drive/Rapid View, Golden Springs Drive/SR-60 EB Ramps, Pathfinder Road/Brahma Boulevard, and
Pathfinder Road/Evergreen Springs Drive.
7. The name of the contractor, if any, for such work of improvement was Elecnor Belco Electric, Inc.
January 17, 2017
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as Installation of Traffic Signal Battery Back-Up Systems at Brea Canyon Road/SR-60
WB Ramps, Diamond Bar Boulevard/Clear Creek Road, Diamond Bar Boulevard/Crestview-Tin Drive,
Diamond Bar Boulevard/Gold Rush Drive, Diamond Bar Boulevard/Highland Valley Road, Diamond Bar
Boulevard/K-Mart Drive, Diamond Bar Boulevard/Palomino Drive, Diamond Bar Boulevard/Shadow Canyon
Drive, Diamond Bar Boulevard/SR-57 NB On-Ramp, Diamond Bar Boulevard/Sugar Pine Place, Golden
Springs Drive/Calbourne Drive, Golden Springs Drive/Carpio Drive, Golden Springs Drive/Golden Prados
Drive, Golden Springs Drive/High Knob Road, Golden Springs Drive/Prospectors Drive, Golden Springs
Drive/Racquet Club Drive, Golden Springs Drive/Rapid View, Golden Springs Drive/SR-60 EB Ramps,
Pathfinder Road/Brahma Boulevard, and Pathfinder Road/Evergreen Springs Drive.
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9. The street address of said property is “none”
(If no street address has been officially assigned, insert “none”)
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
(“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at Diamond Bar , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
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Agenda #: 6.7
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF NOTICE OF COMPLETION FOR THE DIAMOND BAR
CENTER ROOF REHABILITATION PROJECT # 25617.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND/DISCUSSION:
The City Council awarded a construction contract to Letner Roofing Co. on April 4, 2017
in an amount not to exceed $153,000.00 with a contingency amount of $4,5 00.00 for a
total authorization amount of $157,500.00. The City authorized the Notice to Proceed
for the construction project on May 8, 2017. The improvements in this project included:
roof re-coating preparation, application of fluid-applied roof membrane and flashings
over existing membrane roofing, and restoration of metal flashings and duct work in
three specific sections of the roof.
Letner Roofing Co. has completed all work required of this project. The final
construction cost of the project is $153,000. The project was completed $4,500.00
under the overall authorized project budget. No contract change orders were issued for
this project.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.7.a Notice of Completion - Diamond Bar Center Roof Rehabilitation Project
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Copley Drive
Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; “In fee”
(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on July 12, 2017. The work done was:
DIAMOND BAR CENTER ROOF REHABILITATION PROJECT # 25617.
7. The name of the contractor, if any, for such work of improvement was Letner Roofing Co..
May 4, 2017
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows. The Diamond Bar Center, 1600 Grand Ave. Diamond Bar CA 91765
9. The street address of said property is 1600 Grand Ave, Diamond Bar CA 91765
(If no street address has been officially assigned, insert “none”)
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
(“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at Diamond Bar , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
DO NOT RECORD
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REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement
(to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his
successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For
example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his
interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-
owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-
owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or
transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a
whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made p ursuant to two or
more original contracts, then this form must be modified as follows:
(1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., “The foundations for the improvement”);
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need
be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy o f title
insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.
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Agenda #: 6.8
Meeting Date: July 18, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVE SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR THE
PROVISION OF SPECIALTY GRAPHIC DESIGN SERVICES IN A NOT-
TO-EXCEED AMOUNT OF $70,000 FOR THE 2017-18 FISCAL YEAR.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
There are sufficient funds in the approved 2017/18 fiscal year budget for these services.
BACKGROUND/DISCUSSION
In order to ensure the production and distribution of information regarding City programs
and services is completed in a timely manner, staff often increases its capacity through
the use of marketing and specialty graphic design contractors.
As such, at its regular meeting of July 19, 2016, the City Council approved an
agreement with Simpson Advertising, Inc. for the production of the City’s monthly
newsletter and quarterly recreation guide in the amount of $36,672 and as -needed
graphic design services in the amount of $25,000, for a total not -to-exceed amount of
$61,762. On June 20, 2017, the first amendment to the agreement for additional
expenditures in the amount of $6,000 was approved, increasing the total compensation
amount to $67,762 for the 2016/17 fiscal year.
In addition to the newsletter and recreation guide, a few of the recurring items Simpson
is tasked with include the marketing materials for the Diamond Bar Center,
miscellaneous advertisements for City programs and services, as well as the design
and production of the annual calendar and services guide. Example s of several
additional miscellaneous projects for the 2017/18 fiscal year include coordination
assistance of a gallery reception celebrating the tenth year of the Throu gh My Lens
photo contest, design of a Diamond Bar Ranch history display and Diamond Bar Center
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facility artwork update.
For the past thirteen years, the City has continually enlisted the services of Simpson
Advertising to assist with the production of a variety of regular communication items as
well as specialty marketing projects and has consistently produced professional, high -
quality work on a quick turnaround and at competitive rates.
The current agreement allows for up to three one-year renewals. Staff recommends that
the City Council approve the second amendment extending the agreement with
Simpson Advertising, Inc. in the amount of $36,672 for the production of the monthly
newsletter and quarterly recreation guide and $33,328 for as-needed design and
marketing services for a total not-to-exceed amount of $70,000 for the 2017/18 fiscal
year.
LEGAL REVIEW
The amendment has been reviewed and approved by the City Attorney.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.8.a SimpsonAgreementSecondAmend201718
6.8
Packet Pg. 90
1118677.1
SECOND AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement (“Second
Amendment”) is made and entered into as of July 18, 2017, by and between the City of
Diamond Bar, a municipal corporation (“City”), and Simpson Advertising, Inc., a California
corporation (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of August 1, 2016, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated
as of June 20, 2017, which is incorporated herein by this reference (“First Amendment”),
which First Amendment and Original Agreement collectively are referred to herein as the
“Agreement”;
C. The City and the Consultant desire to amend the Agreement as provided
herein.
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 Services, Exhibit "A" to the
Original Agreement and First Amendment, is hereby amended, modified and
supplemented to include the services 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 sixty-one thousand, seven hundred and sixty-two
dollars ($61,762). Section 3 of the First Amendment amended Section 3 of the Original
Agreement to provide for an increase of six-thousand dollars ($6,000) so that total not-to-
exceed compensation, as amended by the First Amendment shall not exceed the sum of
sixty-seven thousand, seven hundred and sixty-two dollars ($67,762). This Second
Amendment amends Section 3 of the Agreement to provide for an increase of seventy
thousand dollars ($70,000), so the total not-to-exceed compensation, as amended by this
Second Amendment, shall not exceed one hundred and thirty-seven thousand, seven
hundred and sixty-two dollars ($137,762) without the prior authorization of the City.
4. Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
6.8.a
Packet Pg. 91
1118677.1
with respect hereto. This Second Amendment amends, as set forth herein, the Original
Agreement and First Amendment, except as specifically amended hereby, and 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 Second Amendment and the terms
and provisions of the Original Agreement, the terms and provisions of this Second
Amendment shall control.
IN WITNESS hereof, the parties enter into this Second Amendment on the year and
day first above written.
“CONSULTANT” “CITY”
SIMPSON ADVERTISING CITY OF DIAMOND BAR
*By: By:
Printed Name: Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
City Clerk
APPROVED AS TO FORM:
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, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
6.8.a
Packet Pg. 92
1118677.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
6.8.a
Packet Pg. 93
EXHIBIT "A" FY 2017-18 / Issued: June 13, 2017
GRAPHIC DESIGN SERVICES FOR THE PRODUCTION OF THE CITY’S
NEWSLETTER AND RECREATION ACTIVITIES GUIDE.
June 13, 2017
Marsha Roa
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Dear Ms. Marsha Roa,
We appreciate the opportunity to submit a graphic design services proposal for Diamond Bar‘s DB Connection
publications. Our creative talents and dependable service, coupled with over 40 years of experience in working
with municipalities (12 years with the City Diamond Bar), make us a perfect fit for Diamond Bar’s graphic design
services needs.
We are very pleased to submit our proposal and look forward to more opportunities to provide stellar graphic
design services for Diamond Bar. Please note that our proposal includes same costs as last year‘s proposal.
Project Description -
The City of Diamond Bar’s monthly newsletter, DB Connection, is delivered to residents and businesses in four (4)
page format eight (8) times per year, and four (4) times per year is expanded to thirty-two (32) pages to include
the recreation activities guide.
City staff will provide vendor with content in a Word document and some photos/graphic files electronically.
Vendor may be asked to secure additional stock images to complete project.
Vendor shall provide to City graphic design and layout of newsletter and/or recreation guide with same format
and design of current publications and as follows: two (2) proofs, a draft and a second draft with corrections as
provided by City staff. Once approved, packaged files are to be sent to printer electronically. Staff will coordinate
production schedule with vendor upon award of contract.
The following are the specifications for each document layout:
Newsletter (DB Connection)- 8 times per year
4-Page Newsletter size: 22” x 17” folded & trimmed to 11” x 17”, then refold to 8.5” x 11” with mailing panel
facing out, 4/4 process with bleeds on 80# gloss book
Recreation Guide – 4 times per year
32-Page Recreation Guide size: 32 page self-cover, 3-knife trim to finished size of 8.5” x 11”, saddle stitched on
11” side, 4/4 process with bleeds on 70# gloss book
6.8.a
Packet Pg. 94
Miscellaneous Projects –
Vendor may be asked for design assistance in miscellaneous projects, such as logo design and collateral items;
informational brochures, banners, flyers, postcards, etc. Provide examples of these items you have completed.
Cost Proposal –
Itemized costs are submitted for publications based for a 12-month period to begin August 1, 2017 through
June 30, 2018 as well as hourly rates for miscellaneous graphic design projects are included in this proposal.
Simpson Advertising Proposal
Simpson Advertising is pleased to submit costs to perform the graphic design services as defined in the
Project Description.
Itemized costs for the DB Connection publications:
Newsletter - 8 times per year
Design & Layout Cost per Issue ...................................$ 1,765.00*
Recreation Guide – 4 times per year
Design & Layout Cost per Issue ...................................$ 4,825.00*
Hourly rates for miscellaneous graphic design projects:
Design per hour ....................................................................$ 175.00*
Production per hour ............................................................$ 145.00*
*Does not include stock photography, client adds and changes not included in the Project Description,
or sales tax if applicable.
Thanks again for the opportunity to submit a graphic design proposal for DB Connection publications.
We look forward to working with you and further assisting the City of Diamond Bar with our
graphic design services.
Best regards,
Jeff Simpson, President
(562) 949-9780, Ext. 1
Jeff@Simpsonadvertisinginc.com
Debbie Baker, Corporate Secretary
(562) 949-9780, Ext. 2
Cell (562) 400-4635
Debbie@Simpsonadvertisinginc.com
6.8.a
Packet Pg. 95
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