HomeMy WebLinkAbout121917 - Agenda - Regular Meeting
City Council Agenda
Tuesday, December 19, 2017
Study Session 5:30 PM., Room CC-8
Regular Meeting 6:30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
RUTH M. LOW
Mayor
CAROL HERRERA
Mayor Pro-Tem
JIMMY LIN
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda
item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the schedu led meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You
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PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
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Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
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chambers. The City Council may take action on any item listed on the agenda.
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THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 19, 2017
Next Resolution No. 2017-35
Next Ordinance No. 06(2017)
STUDY SESSION: 5:30 p.m., Room CC-8
PARKS & RECREATION USE POLICIES AND FEES
PUBLIC COMMENTS:
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Associate Pastor Diane Navar,
Diamond Canyon Christian Church
ROLL CALL: Lin, Lyons,Tye, Mayor Pro Tem
Herrera, Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Ceremonial Gavel to former Mayor Jimmy Lin.
NEW BUSINESS OF THE MONTH:
DECEMBER 19, 2017 PAGE 2
1.2 Presentation of Certificate Plaque to BumbleBee Place, LLC, 21076 Golden
Springs Drive as New Business for the Month of December.
1.3 Presentation of Certificates of Recognition to the Winners of “Through My
Lens” Photo Contest 2017.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or matters of interest to the public that are not
already scheduled for consideration on this agenda. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Christmas Holiday – December 25 and 26, 2017 – City Offices will be
closed in observance of the Christmas Holiday beginning Monday,
December 25 through Tuesday, December 26, 2017. City Offices will
re-open Wednesday, December 27, 2017 at 7:30 a.m.
5.2 Holiday Tree Curbside Collection Program – December 27, 2017
through January 14, 2018. Trees free of decorations and flocking
may be left at the curb for free pickup during this period. Any tree
over 6 ft. must be cut in half.
5.3 Parks and Recreation Commission Meeting – December 28, 2017 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
(Cancelled).
5.4 New Year’s Holiday – January 1, 2018 – City Offices will be closed
Monday, January 1, 2018 in observance of New Year’s Day. City
Offices will re-open Tuesday, January 2, 2018 at 7:30 a.m.
5.5 City Council Meeting – January 2, 2018 – 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
(Cancelled).
DECEMBER 19, 2017 PAGE 3
5.6 Planning Commission Meeting – January 9, 2018 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.7 Traffic and Transportation Commission Meeting – January 11, 2018 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.8 City Council Meeting – January 16, 2018 – 6:30 p.m.,
AQMD/Government Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 APPROVAL OF CITY COUNCIL MINUTES:
6.1.a Regular Meeting Minutes of December 5, 2017.
Recommended Action: Approve.
Requested by: City Clerk
6.2 PLANNING COMMISSION MEETING MINUTES:
6.2.a Regular Meeting of October 24, 2017.
Recommended Action: Receive and file.
Requested by: Community Development Department
6.3 RATIFICATION OF CHECK REGISTER DATED DECEMBER 1, 2017
THROUGH DECEMBER 14, 2017 TOTALING $1,632,843.87.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 TREASURER'S STATEMENT FOR NOVEMBER 2017
Recommended Action: Approve.
Requested by: Finance Department
6.5 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) FOR INSPECTION
SERVICES FOR TRACT MAP NO. 53430, COMMONLY REFERRED TO
AS THE MILLENNIUM DEVELOPMENT.
Recommended Action: Approve, and Authorize the Mayor to Sign, the
Second Amendment to Consultant Services Agreement with David Evans
DECEMBER 19, 2017 PAGE 4
and Associates, Inc. (DEA), in the Amount of $226,800; Plus a
Contingency Amount of $25,000 to be Approved by the City Manager, for
a Total Fiscal Year Authorization not-to-exceed $315,500.
Requested by: Public Works Department
6.6 FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWER
AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS JOINT POWERS AUTHORITY.
Recommended Action: Approving the Fourth Amended and Restated
Joint Exercise of Power Agreement with the San Gabriel Valley Council of
Governments Joint Powers Authority.
Requested by: City Manager
6.7 CONSULTING SERVICES AGREEMENT WITH NICHOLS CONSULTING
ENGINEERS (NCE) FOR THE CITY OF DIAMOND BAR PAVEMENT
MANAGEMENT SYSTEM (PMS) UPDATE.
Recommended Action: Approve, and authorize the Mayor to sign, a
Consultant Services Agreement with Nichols Consulting Engineers (NCE)
in the Amount of $52,037, Plus a Contingency Amount of $2,963 to be
Approved by the City Manager, for a Total Authorization Amount of
$55,000.
Requested by: Public Works Department
6.8 NOTICE OF COMPLETION FOR THE AREA 5 RESIDENTIAL &
COLLECTOR ROAD MAINTENANCE PROJECT AND BREA CANYON
CUT-OFF ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
Recommended Action: Approve, and Authorize the Public Works Director
to File the Notice of Completion.
Requested by: Public Works Department
6.9 PURCHASE OF ONE 2018 FORD F-250 TRUCK, ONE 2018 FORD
TRANSIT CARGO VAN, AND ONE 2018 FORD TRANSIT PASSENGER
WAGON FROM MCCOY MILLS FORD.
Recommended Action: Approve, and Authorize the City Manager to Issue,
a Purchase Order for Three (3) Replacement Vehicles in the Total Amount
of $89,666.87 to McCoy Mills Ford.
Requested by: Public Works Department
7. PUBLIC HEARINGS:
DECEMBER 19, 2017 PAGE 5
7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2018/19.
Recommended Action: Receive the Staff Report; Open the Public
Hearing; Receive Public Testimony; Close the Public Hearing; and Adopt
Resolution No. 2017-XX Approving the CDBG Funding Allocations for
Fiscal Year 2018/19.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION:
8.1 ANNUAL APPOINTMENTS OF COUNCIL MEMBERS TO SERVE ON
LOCAL AND REGIONAL BOARDS, COMMISSIONS AND
COMMITTEES.
Recommended Action: Ratify the Mayor's appointments, and adopt
Resolution No. 2017-xx confirming appointments to the San Gabriel Valley
Council of Governments.
Requested by: City Manager
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: THIS MEETING WILL BE ADJOURNED TO JANUARY 16,
2018.
Agenda #: 1
Meeting Date: December 19, 2017
CITY COUNCIL STUDY S ESSION REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Ryan McLean, Assistant City Manager
TITLE: PARKS & RECREATION USE POLICIES AND FEES
BACKGROUND
In February 2017, the City’s consultant Revenue Cost Specialists (RCS) completed
work on the first comprehensive user fee study since 2008. This study was
commissioned to review all City service fees, apply business costing methodologies,
identify cost subsidies, and develop recommendations for fee adjustments based on
current business costs. To review the results of the study and develop
recommendations, the City Council established the Fee Study Subcommittee,
comprised of Mayor Low and Council Member Lyons. In May 2017, the City Council
considered the results of the study and recommendations of the Fee Study
Subcommittee and staff and adopted a revised fee schedule for Development and
Administrative Services. At that time, the City Council directed staff to return with
recommended revisions to the City’s fees for services provided by the Parks &
Recreation Department. Also in May 2017, the City Council adopted the FY 2017 -18
Strategic Plan, which included the following Parks & Recreation action items:
1. Update the Park, Athletic and Facility Use Policy
2. Update the Diamond Bar Center Use Policy
3. Develop a marketing plan to attract and increase weekday corporate/non -profit
rentals
As currently structured, most facility-related fees are based upon classifications and
terms established in various Council-adopted use policies. Given this nexus, a full
review of Parks & Recreation policies and fees has been completed, with
recommendations developed by the Fee Study Subcommittee to revise each in a
manner that maintains accessibility, improves the customer experience for Diamond Bar
residents and businesses, and reduces subsidies. On November 16, 2017, the
Subcommittee’s recommendations were presented to the Parks & Recreation
Commission, which voted unanimously to present the revised policies and fees to the
City Council for approval.
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DISCUSSION
Staff has completed major revisions to the existing Diamond Bar Center Facility Use
and Park, Athletic and Facility Use Policies. It is recommended that these two existing
policies be split into three, with each focusing on specifics as follows:
1. The Facility Use and Rental Policy (Exhibit A) sets guidelines for the Diamond
Bar Center (DBC), Heritage Park Community Center, and Pantera Park Activity
Room.
2. The Athletic Facility Use and Allocation Policy (Exhibit B) sets guidelines for all
City-allocated athletic facilities, including those owned by local school districts
and operated under a joint use agreement.
3. The Park and Picnic Use and Rental Policy (Exhibit C) sets guidelines for all
parks and picnic facilities in the City.
4. The proposed Fee Schedule (Exhibit D) applies to each of the policies.
In developing the revisions, every effort has been made to enhance clarity, improve
customer service to the public, and improve staff efficiency, with policies simplified and
condensed whenever possible. The following report outlines all proposed fee -related
policy amendments and key operational changes for Council review and comment.
FACILITY USE & RENTAL POLICY (EXHIBIT A)
Section 3. Definition of Terms
The current policy makes reference to “City-recognized Senior citizen membership
groups” but offers no definition or terms to qualify such groups. It is recommended that
the following statements, which requires groups to provide proof of Diamond Bar -based
non-profit status, verified rosters, and open registration be added to the policy to provide
better clarity. Further, to ensure proper access to all Group B organizations, it is
recommended that any newly formed clubs meet all these requirements and have a
minimum of sixty (60) Diamond Bar resident members. New clubs are subject to an
administrative review period of up to six months to determine impact on existing Group
B allocations.
Section 4. Group Priority Ranking
Applicants requesting to rent a Diamond Bar facility are classified in one of five groups.
These groups establish priority of access and user fee categories and rates. Priority
Classification Groups have been amended for consistency across all facilities. Slight
modifications have been made to Groups B and C, as follows:
Group B represents City recognized senior citizen membership groups. A
provision has been added to determine priority based on number of verified
Diamond Bar residents in each group.
Group C has been condensed from the current three subsections (C-1, C-2, and
C-3). As amended, governmental agencies, local school districts, and Diamond
Bar-based non-profit organizations have the same priority.
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Replaces/amends:
Diamond Bar Center Use Policy, Section IV - Group Priority Rating, Subsection
1-2 (Pgs. 4-5)
Park, Athletic & Facility Use Policy, Section V - Reservation Policy for Heritage
Park Community Center and Pantera Park Activity Room, Subsection D, 1 -2 (Pg.
24-25)
Section 6. Payments & Fees, Subsection b. – Deposits
Deposits are required for all rentals. Currently, rentals are subject to the following
deposit requirements:
Rental fees exceeding $1,000 require a minimum deposit of $500 payable with
an approved application. For the Grand View Ballroom, a 50% payment of rental
fees is due 180 days prior to the e vent, with the remaining balance due at least
60 days prior to the event. For all other rentals, the remaining balance is simply
due at least 60 days prior to the event.
Rental fees less than $1,000 require a minimum deposit of half of the total rental
fee. The remaining balance is due at least 60 days prior to the event.
It is proposed that facility rental deposits be streamlined. Rather than a tiered system in
which different deposit processes apply to different rooms, it is recommended that all
deposits be applied consistently as follows:
For all facility rentals, 50% of room rental fees is due when the reservation
contract is executed/signed and the application is approved. The remaining
balance, including all other fees and deposits, is due a mi nimum of 60 days prior
to the event.
Reservations made 59 days or less prior to the event must be paid in full upon
signing a contract.
Replaces/amends:
Diamond Bar Center Facility Use Policy, Section VI - Rooms Available For Use,
Subsections 1B & 2B (Pages 8 & 11)
Park, Athletic & Facility Use Policy, Section V - Reservation Policies For Heritage
Park Community Center and Pantera Park Community Room, Subsection E3
(Page 26)
Section 6. Payments & Fees, Subsection c. - Weekend, Sunday, and Holiday
Rates
Currently, weekend rates are established from Fridays at 4:00pm until 12:00am on
Monday. During this period, discounted Grand View Ballroom (GVB) rates are
established for all groups except Group E (non -residents/groups and non-local
businesses). Given the continued significant demand for Friday and Saturday rentals, it
is recommended that a new Weekend Rate be established for GVB rentals. The
Weekend Rate would apply as follows:
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Weekend rates apply to Diamond Bar Center Grand View Ballroom rentals
beginning at 4:00 pm on Friday and ending at 1:00 am on Sunday or on any
holiday.
Sunday rates apply to Diamond Bar Center Grand View Ballroom rentals
beginning at 7:30 am on Sunday and ending at 12:00 am on Monday.
Weekend rates apply to Heritage Park Community Center, Pantera Park Activity
Room, Pine Room, Maple Room, Oak Room and Sycamore Room rentals
beginning at 4:00 pm on Friday and ending at 12:00 am on Monday or on any
holiday.
Weekend rates associated with each room apply to all rentals t hat fall on
holidays. Holidays include New Year’s Day, President’s Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas
Eve, Christmas Day, and New Year’s Eve. No rentals will be booked on New
Year’s Day, Thanksgiving Day, Christmas Eve, or Christmas Day without written
approval of the City Manager.
Discounted GVB rates are available to all groups but Group E on Sundays.
Existing provisions providing for further discounts to Group B ($30 per hour plus
$60 per 100 people for set-up when the GVB is not reserved for weekend use 6
months or less prior to use) and Group C organizations ($20/hr. rentals of DBC
twice a year and $20/hr. rentals of DBC meeting rooms up to twelve times per
year) are eliminated.
Replaces or amends:
Diamond Bar Center Use Policy, Section V - Application Procedures, Subsection
8 (Pg. 6)
Diamond Bar Center Use Policy, Section VI - Rooms Available For Use,
Subsection 1D, iv. (Page 9), 1E (Page 10), and 2F (Page 12)
Park, Athletic & Facility Use Policy, Section V - Reservation Policy for Heritage
Park Community Center and Pantera Park Activity Room, Subsection E7 (Pg. 26)
Diamond Bar Center Facility Use Policy Section VI - Rooms Available for Use,
Sections 1E - i-iv and 2F - i-iii (Pages. 10 & 12)
Section 7. Cancellation by User, Subsection a. - Cancellation Policy
Currently, cancellation fees apply to all rentals as follows:
GVB Weekend &
Sunday
180 or more 90-179 days 30-89 Days 29 or less
All Groups Fees-$100 Fees-$500 Fees-$1000 All Fees
GVB Weekday 30 or more 29 or less
Group D & E Fees-$100 Fees-50%
Group C Fees-$10 Fees-$100
All Other DBC Meet.
Rm.
15 or more 14 or less
Group D & E Fees-$50 Fees-50%
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Group C Full Refund Fees-50%
Heritage Park Comm.
Ctr.
15 or more 14 or less
Group D & E Fees-$50 Fees-50%
Group C Full Refund Fees-50%
Pantera Park Activity
Room
15 or more 14 or less
Group D & E Fees-$50 Fees-50%
Group C Full Refund Fees-50%
Reflecting the amended and streamlined deposit policies described above, it is
recommended that all reservations adhere to the following cancellation policy:
GVB Weekend & Sunday 180 or more 61-179 days 60 or less
All Groups Fees-50% of
fees paid at
signing
Fees-75% of
fees paid at
signing
All Fees
All Other Facility Rentals 61 or more 60 or less
All Groups Fees-50% of
fees paid at
signing
All Fees
Replaces/amends:
Diamond Bar Center Use Policy, Section VI - Rooms Available for Use,
Subsection 1C (Pg. 8-9)
Park, Athletic & Facility Use Policy, Section V - Reservation Policy for Heritage
Park Community Center and Pantera Park Activity Room, Subsection H (Pg. 31)
Section 7. Cancellation by User, Subsection b. - Change of Date
The current policy provides Group C with the ability to request one date change fr ee of
charge, provided the request is made 90 days or more prior to the event. Subsequent
date change requests are $100 each. To provide all users with one opportunity to
change an event date and to close a loophole that allows for the avoidance of
cancellation fees, the following amendment is recommended:
For Grand View Ballroom rentals (2/3 room or entire room) changed 180 days or
more prior to the event is subject to a change of date fee. If a second change of
date is requested, cancellation fees will apply.
Replaces/amends:
Diamond Bar Center Facility Use Policy, Section IV. Rooms Available For Use,
Subsection C., iii. (Page 9)
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Section 9. Recurrent Facility Use, Subsection a. - Recurrent Use by Group B
Organizations
The currently adopted Diamond Bar Center policy includes language that limits Group B
GVB use to once per week on weekdays, DBC Sycamore, Oak and Maple Rooms to
one use per week on weekdays, and the DBC Pine Room to twice per week including
weekends. Over time, Group B use has expanded, making current practice incompatible
with adopted policy. To match current practice, expand Group B access to City facilities,
and increase midweek corporate and non-profit rental opportunities, the following
amendments are recommended:
Recurrent no-cost use of Grand View Ballroom by Group B organizations is
limited to Mondays from 8am to 3pm and Fridays from 8am -2pm.
No-cost midweek reservations (Tuesday, Wednesday, or Thursday) are available
to Group B organizations once per quarter for 8 hours ea ch reservation.
Recurrent no-cost use of Pine Room by Group B organizations is available 7
days per week between the hours of 8am-10pm. Recognized groups are no
longer limited to two uses per week in the policy.
Recurrent no-cost use of Oak Room, Maple Room, and Pantera Activity Room by
Group B organizations is available Monday through Friday between the hours of
8am-4pm. Recognized groups are no longer limited to one use per week in the
policy.
Recurrent no-cost use of Heritage Community Center by Group B organizations
is available Monday through Friday between the hours of 9am -6pm.
Each City-recognized senior organization must submit a recurrent use application
and supplemental materials, including roster, Articles of Incorporation, and proof
of non-profit status by September 1 of each year for allocation in the next
calendar year. Staff will meet with each group annually to discuss the request
and supplemental materials.
Replaces/amends:
Diamond Bar Center Facility Use Policy Section VI - Rooms Available for Use,
Subsections 1D, 2D, & 2E (Pages 9 & 11)
Park, Athletic & Facility Use Policy, Section V - Reservation Policy for Heritage
Park Community Center and Pantera Park Activity Room, Subsection H, 1 -5 (Pg.
31)
Section 14. Variances
Amendments to this section include:
Variances to reduce or eliminate cancellation fees of a user when an alternate
user then books the facility and pays similar or exact fees will no longer be
considered.
Variances to provide additional no-cost set up time to Group B & C organizations
will no longer be considered.
Variances must be submitted in writing to the Parks & Recreation Director for
review and final decision.
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ATHLETIC FACILITY USE & ALLOCATION POLICY (EXHIBIT B)
Section 3. Definitions
The following proposed revisions impact the qualifications of user groups, which may
have impact on Priority Classification Group placement and associated fees. The
following definitions have been added or edited to reflect changing participation and
demographic trends.
Certified Non-profit Organization - Recognizing the decreasing participation in
local sports organizations and the need for regionalization of organizations, non -
profit organizations are no longer required to be Diamond Bar -based to qualify for
priority access. Groups must still provide proof of non-profit status.
Qualifying Youth/Adult Organization - As local participation has decreased, some
longstanding local groups now struggle to meet the current 60% residency
standard. It is recommended that qualifying status be provided at a 40%
Resident Percentage Status threshold, provided there is a minimum of 12
participants in the organization.
Resident Percentage Status (RPS) - Calculates the percentage of verified
Diamond Bar residents participating in the organization. For example:
Organization A has a total of 700 participants, with 500 of those being
Diamond Bar Resident Participants. Therefore, RPS equals 500/700, or
71.4%.
Resident Teams - The number of Resident Teams for each user group is
calculated by dividing the total number of Resident Participants by twelve. For
example:
Organization A has 150 participants, with 95 of those being Resident
Participants. Therefore, the total number of Resident Teams equals 95/12,
or 7.9.
Section 5. Facility Allocation Process, Subsection A - Priority Classification
Groups
As Diamond Bar has matured, demographics and community preferences have
changed. Over time, youth and adult participation in athletic programs has decreased
and become more specialized in private competitive travel teams/organizations.
Declining enrollment in field sports has led to the regionalization of many formerly local
programs and/or closure of certain leagues. To account for these substantial changes in
demographics and preferences and continue to provide the greatest facility access to
local participants, the Priority Classifications have been amended to reflect the changes
in Qualifying Organizations definitions made in Section 3 above.
Group A - Activities conducted and/or sponsored by the City of Diamond Bar.
Group B - Certified non-profit Qualifying Youth Organizations with registration
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open to the general public (all registrants are placed on teams and allowed to
participate).
Group C - All other Qualifying Youth Organizations.
Group D - Qualifying Adult Organizations.
Group E - Diamond Bar residents, businesses, or organizations using the facility
for a one-time, non-recurrent non-profit purpose.
Group F- Non-Diamond Bar residents, businesses, or organizations using the
facility for a one-time, non-recurrent non-profit purpose.
These changes will limit recurrent allocations to Qualifying Organizations only.
Section 5. Facility Allocation Process, Subsection B - Allocation Priority within
Groups
The following factors will be used to determine priority within classification groups:
Total number of Diamond Bar Resident Participants
Resident Percentage Status (RPS)
Proposed activity’s “in-season” status. For example:
Spring: Baseball/Softball
Fall: Soccer/Football
Section 5. Facility Allocation Process, Subsection C - Facility Allocation Formula
The use of a formula is proposed to provide the most equitable distribution of City
facilities to Qualifying Organizations. The proposal includes:
The City will make an effort to provide 4 hours/week of facility time per Resident
Team per organization (two hours for practice and two hours for games per
week). The City reserves the right to adjust this allocation based on facility
availability.
Qualifying Organizations will be allocated field space based on the total number
of Resident Teams times 4 hours/week. Example:
1) User Group A has 200 participants, 140 of which are Resident Participants.
140/12 equals 11.66 Resident Teams. 2) 11.66 Resident Teams times 4
hours per team equals 46.64 hours of facility time per week. 3) Total hourly
allocations will be rounded to the nearest whole number, so 46.64 hours
equals 47 hours.
Surplus hours will be allocated at the City’s discretion.
Section 7. Athletic Facility Use Rules & Regulations, Subsections P, Tennis Court
Use
To remain consistent with City policy that prohibits the use of public facilities for
personal or commercial gain (with exceptions for non -profit fundraising activities), it is
recommended that existing policy allowing private, for-profit tennis lesson instruction be
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eliminated. This recommendation is consistent with current policy that prohibits private,
for-profit baseball lessons in batting cages, basketball lessons on public courts, or other
athletic lessons at City facilities.
PARK & PICNIC USE & RENTAL POLICY (EXHIBIT C)
Section 5, Rules & Regulations, Subsection c., Cancellation Policy
Currently, cancellation fees apply to park/picnic rentals as follows:
Cancellation 14 or more days prior to
event
$5
Cancellation 13 days or less prior to event $5
Consistent with the recommended adjustments to the cancellation policies for the
Diamond Bar Center and Heritage Park, those for Park/Picnic rentals have been
amended as follows:
Cancellation 7 or more days prior to event 50% of fees paid at
signing
Cancellation 6 days or less prior to event No Refund
PARKS & RECREATION - FACILITY USE & PARTICIPATION FEES (EXHIBIT D)
City Council-adopted fees for Parks & Recreation programs and services range from
those established for facility rentals to youth and adult programs such as athletics and
excursions. With the exception of Diamond Bar Center (DBC) rental fees, which were
last adjusted in 2010, most Parks & Recreation fees have not been adjusted in more
than a decade. To protect the City’s long-term financial sustainability and meet ongoing
facility maintenance needs, comprehensive fee adjustments that partially reduce
subsidies are recommended. The following recommendations have been presented to
the City Council Fee Study Subcommittee, which has provided input and direction into
the proposal before the Council this evening.
Athletic Fields
Recommended fee adjustments include:
Recognizing the community benefit of local youth and adult athletic
organizations, field rental fees remain free of charge for Qualifying Organizations
(Groups B-D). (PRF 1-2)
Various adjustments to fees and deposits for one -time, non-recurrent uses, as
follows:
Reference # Description Current Recommended
PRF 3 Field, Group E $5/hour $10/hour
PRF 5 Field, Group F $10/hour $25/hour
PRF 8 Lighting Deposit $50-$250/group
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$100/group
PRF 9-11 Field Cleaning
Deposit, Groups E &
F
No Deposit $100-$300 based
on size of event
Park/Picnic Rentals
Recommended fee adjustments include:
Reference # Description Current Recommended
PRPIC 1 Park/Picnic Area
Rental, Group B, C,
D
$25/day $50/day
PRPIC 2 Park/Picnic Area,
Group E
$50/day $100/day
PRPIC 3 Park/Picnic
Cancellation 7 or
more days in
advance
$5 50% of fees paid
at signing
PRPIC 4 Park/Picnic
Cancellation 6 days
or less in advance
$5 No Refund
PRPIC 5 Park/Picnic Cleaning
Deposit, 0-100
Participants
$50 $100
PRPIC 6 Park/Picnic Cleaning
Deposit, 101-200
Participants
$200 $200
PRPIC 7 Park/Picnic Cleaning
Deposit, 201+
Participants
$200 $300
Diamond Bar Center & Heritage Park Community Center Room Rentals
Since 2010, the Consumer Price Index (Urban Wage Earners and Clerical Workers,
March to March) has increased by 12.5%. It is proposed that all Diamond Bar Center
and Heritage Park Community Center room rental fees be increased by this 12.5% CPI
amount, with results rounded to the nearest $5 for maximum clarity. These
recommendations are reflected in the attached fee schedule, with the exception of the
following:
All cancellation fees have been updated for consistency with the
recommendations contained in the policy document.
Weekend (Friday and Saturday) rates have been updated for consistency with
the recommendations contained in the policy document. With these changes, all
groups pay the same rates for the Grand View Ballroom during the defined
Weekend period. Tiered rates are available to Groups C, D, and E for the Grand
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View Ballroom and all other rentals on Sundays and Weekdays.
Reference # Description Current Recommended
PRDBC 4 GVB, Weekend (F-
S)
$1,320-$3,520 $3,960/6 hrs.
PRDBC 8 GVB, Weekend (F-
S), Add’l Hours
$110-$330/hour $370/hour
PRDBC 15 GVB, 2/3, Weekend
(F-S)
$880-$2,695 $3,030/6 hrs.
PRDBC 19 GVB, 2/3, Weekend
(F-S), Add’l Hours
$82.50-
$220/hour
$250/hour
Weekday Catering Kitchen Fees have been consolidated from three tiers to one,
with fees for Groups C, D and E set at $100.
Standard rentals now include key equipment required of most events, including
podium, microphone, easels, flags, etc. This will eliminate a la carte costs to
many users. Reception/Party and Business Packages costs have been adjusted
to include expanded access to DBC accessories such as dance floors, AV
projector, TV/DVD, portable bars, etc. Fees for each have been adjusted as
follows:
Reference # Description Current Recommended
PRDBC 54 Reception/Party A $400 $500
PRDBC 55 Reception/Party B $300 $400
PRDBC 56 Reception/Party C New $350
PRDBC 57 Business A $250 $200
PRDBC 58 Business B $200 $100
Introduction of a staff fees for events requiring additional supervision or
unanticipated clean-up or repairs, as follows:
Reference # Description Current Recommended
PRDBC 60 Staff Fee, Add’l
Supervision
No Fee $25/hour
PRDBC 61 Staff Fee, Add’l Cleaning No Fee $50/hour
Refundable deposits have been increased to protect City facilities and ensure
compliance with use policies. These recommendations apply to all users as
follows:
Reference # Description Current Recommended
PRDBC 63 Cleaning Deposit, 2/3 GVB $350 $500
PRDBC 64 Cleaning Deposit, GVB $500 $750
Outdoor Usage fee is increased from $300 to $350 per event.
Existing Date Change Fee is increased from $100 to $250 for 2/3 and entire
Grand View Ballroom rentals. Only one date change is permitted per reservation.
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Participation Fees (Athletics, Excursions, Various Special Events, Etc.)
Participation-based activities include athletics, excursions, and various special events,
activities, and programs (e.g. senior dances, Winter Snow Fest sledding admissions,
etc.). Given the variable nature of the cost inputs associated with these programs, it is
recommended that fees be based on the direct costs associated with each using the
following policy statement as guidance:
For Parks & Recreation participation fees, which include, but are not limited to
elective activities such as athletics, excursions, and special events, activities, and
programs, the City Manager shall have the authority to set fees to recover u p to
the full direct costs of the specific activity, program, or event. Direct costs include
those related to City personnel, supplies, services, admissions, transportation,
etc. Using the above as a guideline, in those cases where the fee to be charged
is nominal (e.g. $10), the City Manager may determine not to require a fee for the
elective activity if the City Manager determines the administrative burden in
collecting the fee outweighs the benefit of the revenue to be derived from
collecting the fee.
It is recommended that Contract Class Administration Fees and Activity
Cancellation Fees be adjusted as follows:
Reference # Description Current Recommended
PRR 2 Activity Cancellation Fee $5 $15
PRR 3 Contract Class Admin. Fee $7 $10
Non-Resident Fee
It is recommended that a $5 fee be applied to all non-resident participation (PRR 4).
CPI Escalator
It is recommended that an annual CPI escalator (Urban Wage Earners and Clerical
Workers, March to March) be applied to all room rental fees. This recommendation is
consistent with the City’s adopted fee resolution for Development and Administrative
Services fees and charges.
Attachments:
1. 1.a Exhibit A - Facility Use & Allocation Policy - DRAFT
2. 1.b Exhibit B - Athletic Facility Use & Allocation Policy - DRAFT
3. 1.c Exhibit C - Park & Picnic Use & Rental Policy - DRAFT
4. 1.d Exhibit D - Parks & Recreation Fee Schedule - DRAFT
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Exhibit A
Facility Use & Rental Policy
1. POLICY STATEMENT
The purpose of this Use Policy is to ensure that the use of the facility is granted in a fair and equitable
manner for meetings, activities, and events, which are recreational, social, and/or civic in nature,
offering services of interest and need to the community. Fees charged for the use of the facility are
intended to partially recoup on-going maintenance and operation costs of the facility. The City Manager
has the discretion to make operational policy changes while policy changes pertaining to the fees will
be reviewed by the Parks & Recreation Commission and approved by the City Council.
Staff shall be responsible for enforcement of all policies, rules, and regulations established in this policy
and shall have the authority to deny or terminate the use of the facility if a determination is made that
the use does not conform to the requirements of Center use policies and regulations and/or may cause
damage to the facility.
City staff shall oversee and supervise all events at City facilities for the safety and well-being of the
public and facility. Staff shall be responsible for and have complete authority over the facility being
used, all equipment, participants, activities, alcohol service and any security firm(s) on site per the
terms of this policy. Staff shall have authority to request changes in activities or cessation of activities.
Users must comply with staff requests and instructions.
2. FACILITIES
a. This policy applies to the following City facilities and all associated rooms:
i. Diamond Bar Center (Sun.-Thurs: 7:30am-11:00pm, Fri.-Sat.: 7:30am-12:00am)
ii. Heritage Park Community Center (Sun.-Thurs: 7:30am-9:30pm, Fri.-Sat.: 7:30am-12:00am)
iii. Pantera Park Activity Room (Sun.-Thurs: 7:30am-9:00pm, Fri.-Sat.: 7:30am-12:00am)
b. Maximum Room Capacity
Use of City facilities is subject to the following maximum room capacities.
Diamond Bar Center
Grand View Ballroom – Entire Maximum Capacity
Dining Capacity 438
Dining Capacity w/ 500 sf dance floor 405
Dining Capacity w/ 1,000 sf dance floor 372
Theatre Capacity 822
Grand View Ballroom – A & B
Dining Capacity 288
Dining Capacity w/ 500 sf dance floor 255
Dining Capacity w/ 1,000 sf dance floor 222
Theatre Capacity 541
Grand View Ballroom – A
Dining Capacity 133
Dining Capacity w/ 500 sf dance floor 100
Theatre Capacity 250
Grand View Ballroom – B
Dining Capacity 155
Dining Capacity w/ 500 sf dance floor 121
Theatre Capacity 291
Grand View Ballroom – C, D, & E
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Dining Capacity 150
Dining Capacity w/ 500 sf dance floor 116
Theatre Capacity 278
Grand View Ballroom – C
Dining Capacity 50
Theatre Capacity 91
Grand View Ballroom – D
Dining Capacity 53
Theatre Capacity 100
Grand View Ballroom – E
Dining Capacity 46
Theatre Capacity 87
Pine Room
Dining Capacity 66
Theatre Capacity 120
Sycamore Room
Dining Capacity 60
Theatre Capacity 100
Maple Room
Dining Capacity 32
Theatre Capacity 60
Oak Room
Dining Capacity 100
Theatre Capacity 185
Heritage Park Community Center
Dining Capacity 100
Theatre Capacity 185
Pantera Park Activity Room
Dining Capacity 50
Theatre Capacity 80
3. DEFINITION OF TERMS
a. “Applicant” means an individual or group, which submits a completed City of Diamond Bar Facility
Use Application and required deposit to use the Diamond Bar facility pursuant to the terms of this
Use Policy. The date requested by the applicant will be held provided that all terms and conditions
of this policy are met.
b. “City” means the City of Diamond Bar, acting through its officials, representatives, agents, and
employees.
c. “City-recognized senior citizen membership groups” means an organization that has provided
written submittal, along with a verified membership roster and the Articles of Incorporation indicating
status as Diamond Bar based non-profit (for example: 501(C)(3) submitted as a condition of an
organization receiving classification in Group B. Clubs must have an open registration policy to be
recognized. New senior citizen membership groups must have a minimum of sixty (60) Diamond
Bar residents and are subject to an administrative review period of up to six months. This review
period will be used to determine the extent of the impact on existing allocations and facility
operation.
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d. “Confirmed Reservation” means a reservation issued by the City upon approval of a Facility Use
Application for use of the facility or some portion thereof by an applicant, after all requirements of
the Facility Use Policy are met.
e. “Diamond Bar Based Non-Profit” means organization that has a minimum membership of 60%
Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts,
Little League, Rotary Club, etc.). A verified membership roster and the Articles of Incorporation
indicating status as a Diamond Bar based non-profit (for example: 501(C)(3) organization shall be
submitted as a condition of an organization receiving classification in this group.)
f. “Inquiry” means when an individual or representative of a group seeks information about available
dates for possible use by that individual or group. An available date cannot be held for possible use
by making an inquiry.
g. “Local School Districts” means Pomona Unified School District and Walnut Valley Unified School
District.
h. “Other Governmental agencies” means government agencies other than the City of Diamond Bar,
which provide service to the Diamond Bar community (e.g. County of Los Angeles agencies,
districts and authorities, and elected officials; State of California departments and elected officials,
multi-city organizations and joint powers authorities to which the City belongs, Federal agencies,
departments and elected officials; etc.)
i. “Parks & Recreation Director” means the administrative head of the Diamond Bar Parks &
Recreation Department or designee.
j. “Soft Reservation” means a temporary, non-binding seven (7) day hold on a facility/room for a
potential rental date.
k. “User” means an individual or group that obtains a confirmed reservation to use a Diamond Bar
facility pursuant to the terms of this policy.
4. GROUP PRIORITY RATING
a. An individual or group seeking permission to utilize a Diamond Bar facility will be classified in one of
the following priority groups. These classifications are used to establish priority of use and the
applicability and amount of the fee and/or deposit. The groups are as follows, in descending order
of priority:
i. Group A - Activities conducted and/or sponsored by the City of Diamond Bar.
ii. Group B - Activities conducted by the City recognized Senior citizen membership groups.
Priority within this group shall be determined by the overall number of Diamond Bar
residents served per group after review of verified membership rosters by Parks &
Recreation Director.
iii. Group C - Activities conducted by other Governmental agencies, local school districts, or
Diamond Bar based non-profit organizations.
iv. Group D - Private events conducted by Diamond Bar residents, resident
groups/organizations, and Diamond Bar-based businesses.
v. Group E - Private events conducted by non-residents, non-resident groups/organizations,
and businesses based outside Diamond Bar.
5. APPLICATION & CONTRACT PROCEDURES
a. Soft Reservations are subject to the following procedures.
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i. Interested party makes inquiry for facility/room availability and makes a rental appointment
to finalize facility rental contract and pay applicable fees/deposits. Appointment must be
made within seven (7) days of the inquiry.
ii. Upon confirmation of rental appointment with staff, the requested date will be held for seven
(7) days.
iii. Interested party must attend the rental appointment, submit completed Facility Use
Application, sign contract, and pay all applicable fees/deposits within the seven (7) day
period or the date will be made available to the general public.
iv. Soft reservations do not constitute or guarantee approval of a rental contract.
An individual or representative of a group can secure a Soft Reservation to hold a date for possible
use by making an appointment with staff to submit a written application to sign the contract and to
pay the required deposit for a specific room, date and time. The date for possible use will be held
from the time the appointment with staff is made until the appointment date and time. The meeting
with staff shall occur within seven (7) calendar days of setting the appointment, or the Soft
Reservation shall be forfeited.
b. Advance Reservation Procedures & Lottery
i. Reservations may be made no earlier than:
Group A - No limit.
Group B – Up to twenty-four (24) months in advance when not subsidized or discounted.
Staff will schedule senior facility use 24 months in advance. Subsidized or discounted use
will be scheduled annually per Section 9, a of this policy.
Groups C & D - Up to twenty-four (24) months in advance.
Group E - Up to twenty (20) months in advance.
ii. Reservations will be taken beginning on the first day of the month, for the entire month,
beginning at 8:00am. If the first of the month falls on a holiday, reservations will be taken
beginning on the next regular business day beginning at 8:00am.
iii. In the event that two or more parties with the same priority ranking are interested in renting
the same facility for the same date, a lottery for the dates will take place at the Diamond Bar
Center beginning at 8:00am on the first day of the month. The lottery will run as follows: A
staff member will allow one individual from each party to draw a number. The party with the
lowest number after individuals from each party have drawn will have first choice of date
(one date only) for the month in question. The next choice will go to next lowest number,
and so on. Once all the available dates have been taken, the next lowest number, as well as
the remaining numbers in order, will be placed on the wait list.
c. Application Procedures
i. All applicants must complete a City of Diamond Bar Facility Use Application (“Application”)
and pay all applicable fees and deposits per the Council-adopted fee schedule at the time of
completing a facility contract. The applicant shall be classified and assigned a Group Priority
Ranking in accordance with the definitions and priority rankings set forth in Section 4 of this
Use Policy.
ii. All potential users shall complete an Application a minimum of sixty (60) days prior to the
event.
iii. Reservations made less than sixty (60) days in advance of the event will be accepted only if
the facility and required staffing elements are readily available. Additional fees may be
required from service providers when limited advance notice is provided. All applicable fees
must be paid at time of completing a facility contract. Fees paid are subject to cancellation
policy and associated fees.
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iv. All reservations are subject to the City Council-approved fees and deposit requirements. No
reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and
insurance are obtained and/or paid.
d. Facility Allocation
Facility allocation shall be the sole responsibility of City staff per the provisions of this policy.
The City reserves the right to direct requests for rooms to other City facilities which are deemed
more appropriate for the type of request or deny requests if they are deemed inappropriate for
the facility (see Section e. below).
e. Denial of Application
Use may be denied and the application rejected for the following reasons:
i. The facility is incapable of accommodating the proposed activity by reason of the nature of
the activity or the number of people estimated to be in attendance.
ii. The user has failed to demonstrate its ability to provide adequate security to assure that the
event is conducted in a safe manner.
iii. The applicant has failed to agree to comply with all of the conditions of this Use Policy or
those set forth in the facility use contract.
iv. The activity is likely to cause physical damage to the facility or its equipment.
v. Conditions for the issuance of a facility use contract have not been fulfilled.
vi. Violation of any law or regulation.
vii. Another event is already scheduled on the requested date.
viii. The applicant previously used the facility and failed to comply with applicable rules or
conditions, or due to damage or lack of cleaning, did not receive all of its cleaning deposit
back.
ix. The applicant has twice before cancelled a scheduled event in the facility without prior
notice.
f. Contracts
i. Upon approval of an application, a facility rental contract will be issued authorizing the
requested use of the facility. Requesting user must sign the contract and agree to all terms
and conditions therein.
ii. The Parks & Recreation Director may attach such conditions to the contract deemed
necessary for the protection of the public health, safety and welfare and the maintenance
and operation of the facility.
iii. Contract holder shall not transfer, assign, or sublet use of the reserved facility or apply for
use on behalf of another person or organization. Contract holder must be present for event
and must sign in with facility staff. Failure to comply may result in forfeiture of fees and/or
deposits.
iv. If at any time prior to or during the scheduled event the contract holder is not in compliance
with the policies and regulations stated in this Use Policy or the conditions of the facility use
permit, and after notice of noncompliance, has failed or refused to comply (or compliance is
no longer possible), the City, acting by and through the Director of Parks & Recreation or
his/her designee, may cancel the reservation or terminate the event. Under those
circumstances, no deposits and/or fee(s) previously paid by the applicant shall be returned.
v. The City reserves the right to cancel a contract issued for any event or activity for its
convenience. In the event of such a cancellation, notice shall be given as far in advance as
possible and a full refund will be made. Every effort will be made to find a suitable
alternative facility if cancellation by the City is necessary.
6. PAYMENTS & FEES
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a. General
i. All contracts are subject to rental and cancellation fees and deposit requirements
established in the City Council-approved fee schedule.
ii. Rental fees paid 60 days or more prior to rental date can be paid by personal or business
check, cashier’s check, credit card, or cash. Rental fees paid 59 days or less prior to the
event may be paid by credit card, cashier’s check, or cash.
iii. The City reserves the right to require additional cleaning deposits at its discretion based on
the proposed use.
iv. Failure to comply with the payment procedure in this policy may result in cancellation of
event. Cancellation fees will apply.
b. Deposits
i. A deposit of 50% of room rental fees is due when the reservation contract is
executed/signed and the application is approved. The remaining balance, including all other
fees and deposits, is due a minimum of 60 days prior to the event.
ii. Reservations made 59 days or less prior to the event must be paid in full upon signing a
contract.
iii. In the event of damage, destruction or defacement, the applicant shall be liable for all
expenses required to repair, restore or replace the facility, its furnishings, or equipment to its
original condition. If damage is incurred, the user shall be required to pay the full cost of the
necessary repairs, including damage that exceeds deposit amounts. If the cost to repair
damage is less than the deposit amount, the balance of the deposit will be refunded.
iv. Cleaning and alcohol deposits shall be refunded if proper cleanup is completed and no
damage is incurred as a result of the rental. This determination will be made by staff.
Applicable deposit balances will be refunded within 2 to 4 weeks.
c. Weekend, Sunday, and Holiday Rental Rates
i. Weekend rates apply to Diamond Bar Center Grand View Ballroom rentals beginning at 4:00
pm on Friday and ending at 1:00 am on Sunday or on any holiday.
ii. Sunday rates apply to Diamond Bar Center Grand View Ballroom rentals beginning at 7:30
am on Sunday and ending at 12:00 am on Monday.
iii. Weekend rates apply to Heritage Park Community Center, Pantera Park Activity Room, Pine
Room, Maple Room, Oak Room and Sycamore Room rentals beginning at 4:00 pm on
Friday and ending at 12:00 am on Monday or on any holiday.
iv. Weekend rates associated with each room apply to all rentals that fall on holidays. For
purposes of this policy, holidays include New Year’s Day, President’s Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve, Christmas
Day, and New Year’s Eve. No rentals will be booked on New Year’s Day, Thanksgiving Day,
Christmas Eve, or Christmas Day without written approval of the City Manager.
7. CANCELLATION BY USER
a. Cancellation Policy
i. All Weekend and Sunday rentals of the Grand View Ballroom shall adhere to the following
cancellation/refund policy:
180 Days or More Prior to Event 60-179 Days Prior to Event 59 Days or Less Prior to Event
Room Rental Fees Paid at
Signing Minus 50%
Room Rental Fees Paid at
Signing Minus 75%
Forfeiture of All Fees
ii. All other facility rentals shall adhere to the following cancellation/refund policy:
60 Days or More Prior to Event 59 Days or Less Prior to Event
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Room Rental Fees Paid at
Signing Minus 50%
Forfeiture of All Fees
iii. Cancellation fees apply only to room rental fees. Fees paid for any cleaning, alcohol,
security, and/or insurance requirements will be refunded in full.
b. Change of Date
Grand View Ballroom (2/3 room or entire room) reservations shall adhere to the following Change of
Event Date requirements:
i. Any reservation date changed 180 days or more prior to the event is subject to a change of
date fee. If a second change of date is requested, cancellation fees apply.
ii. Any reservation date change requested 179 days or less prior to the event is subject to
cancellation fees per policy.
iii. All change of date requests/approvals are subject to facility availability.
8. ROOMS AVAILABLE FOR USE
a. Grand View Ballroom
i. Weekend and Sunday use of Grand View Ballroom requires a minimum six (6) hour rental
period and minimum 2/3 rental of the Banquet Room. Rental time must include set-up and
clean-up time.
ii. Weekday use of Grand View Ballroom requires a minimum two (2) hour rental period.
iii. A minimum one (1) hour clean-up period is required at the end of each Grand View Ballroom
rental and is subject to Council-approved fees.
iv. Outdoor Usage areas are only available with rental of 2/3 or more of the Grand View
Ballroom.
v. Rental of 2/3 Grand View Ballroom or Entire Grand View Ballroom includes tables & chairs,
catering kitchen, foyer and patio.
vi. Rental of 1/3 or less of the Grand View Ballroom requires a minimum rental of 2 hours plus a
mandatory minimum thirty minute clean-up period at the end of each event.
vii. Additional permits and/or fees may be required depending on the type of use.
b. Sycamore, Oak, Pine and Maple Room (DBC Meeting Rooms), Heritage Community Center and
Pantera Park Activity Room
i. Minimum use is 2 hours of rental time plus a mandatory minimum thirty minute clean-up
period at the end of each event.
ii. Additional permits and/or fees may be required depending on the type of use.
c. Kitchens
i. The Diamond Bar Center Kitchen General Use Section and the Heritage Park Community
Center Kitchen are available at no cost to all users on a first come, first served basis. Use
shall be coordinated between the users to best meet the needs of all users. General Use
Section equipment includes coffee maker (user provides coffee/service), ice machine, sink,
and refrigerator (items must be removed after each scheduled use).
ii. The Diamond Bar Center Catering Kitchen is available only to users scheduled for a catered
event at the Diamond Bar Center. Use of the Catering Kitchen must be requested on the
same Application that is submitted for room use. Fee for use of Catering Kitchen is stated on
the fee schedule. Catering Kitchen equipment includes refrigerator/freezer (items must be
removed after each scheduled use), microwave oven, convection oven, warming top, hot
food service unit, warming ovens (2), and a sink.
iii. Priority usage of the catering kitchen shall go to the renter of the Entire Grand View
Ballroom or 2/3 Grand View Ballroom. All other requests for use of the catering kitchen shall
occur on a first-come, first-serve basis.
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iv. No homemade food or beverages are allowed in City facilities. Food service must be
provided by a licensed caterer, restaurant, or deli. For all catered services, a valid Public
Health Permit must be submitted a minimum of thirty (30) days prior to the event. Receipts
for purchase of food or beverages from a restaurant or deli are required the day of the
event.
v. No cooking is allowed at City facilities. For purposes of this policy, cooking includes, but is
not limited to baking, barbequing, frying, grilling, etc. Use of outside areas for food heating
or cooking is prohibited, with the exception of Public Health permitted food trucks.
vi. Kitchen storage for recurrent users in Groups B & C may be available on a first-come, first-
served basis, for a period not to exceed six months. After six months, if demand exceeds
supply, storage space will be allocated through random drawing.
d. Rehearsals
Use of the facility for a rehearsal will be approved based on availability in accordance with the
following rental guidelines:
i. A rehearsal may be scheduled no more than twenty-one (21) days prior to a contracted
event date.
ii. One free hour of use of the facility shall be granted to the renter, provided that the rehearsal
does not interfere with any occurring reservation and/or daily operations of the facility.
iii. One free hour of use of a rental room may be granted to the user, provided that the
rehearsal does not interfere with any occurring reservation and/or operations of the facility.
iv. Should the renter request use more than 21 days in advance, and/or use for more than one
hour of a rental room the appropriate fee schedule shall apply. Use for more than one hour
is not available on the weekends in the ballroom.
v. Parks & Recreation Director has final authority to approve or deny a rehearsal date and
time. Fees may be charged for use of City equipment during rehearsal time.
9. RECURRENT FACILITY USE
a. Recurrent Facility Use By Group B Organizations
i. Subject to availability, recurrent no-cost use of Grand View Ballroom by Group B
organizations is limited to Mondays from 8:00am-3:00pm and Fridays from 8am-2pm.
Reservations must be made a minimum of 12 months in advance.
ii. Subject to availability, no-cost midweek reservations (Tuesday, Wednesday, or Thursday)
are available to Group B organizations once per quarter. Group B organizations may
reserve Grand View Ballroom for a maximum of 8 hours for such events.
iii. Recurrent no-cost use of Pine Room by Group B organizations is available 7 days per week
between the hours of 8am-10pm. Room may be reserved up to twelve months in advance.
iv. Recurrent no-cost use of Oak Room, Maple Room, and Pantera Activity Room by Group B
organizations is available Monday through Friday between the hours of 8am-4pm.
v. Recurrent no-cost use of Heritage Community Center by Group B organizations is available
Monday through Friday between the hours of 9am-6pm unless otherwise authorized in
writing by the City.
vi. Any use by Group B organizations outside the no-cost periods established in this section is
subject to Group C rates.
vii. When not scheduled for Group B use, rooms may be reserved by others per the terms of
this policy.
viii. Each City-recognized senior organization must submit a written request for room
use/application by September 1 of each year for use in the following calendar year. The
written request for room use/application must include a complete membership roster with
name and resident status, Articles of Incorporation indicating status as a Diamond Bar-
based non-profit, and a listing of Board of Directors. Each organization will be required to
meet with a City representative to review application materials.
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10. SECURITY
a. Security Requirements
i. The City reserves the right to require security whenever it deems it appropriate.
ii. Security is required to be present at all events at which alcohol is served. Events with 200 or
more guests that serve alcohol are required to have a minimum of two security guards.
Event may be required to have additional security, as determined by staff. Security must be
present ½ hour prior to the start of alcohol service through the end of the event (including
clean-up hour).
iii. Cost of security is the responsibility of the user and is payable to the City of Diamond Bar at
the rates established in the City’s most current security contract. Fees for security services
will be provided to the applicant at the time of final payment. Overtime rates will apply when
a security officer is requested to work over 8 hours per shift. Each hour thereafter will be
billed time and a half. Holiday rates will apply on Presidents Day, Memorial Day,
Independence Day, and Labor Day. All fees are subject to change.
11. ALCOHOL USE
Alcohol use is allowed at the Diamond Bar Center and Heritage Park Community Center exclusively by
written permission of the City. Alcohol use is not allowed at the Pantera Park Activity Room. All
approved alcohol use must comply with applicable law and the provisions of this Use Policy. Failure to
comply with any regulations will result in immediate revocation of the permission to use alcohol and
termination of the event. Additional regulations and specifications may be required in the facility use
permit for any event.
a. General Regulations
i. “Alcohol use” refers to any beverage that contains any amount of alcohol.
ii. An alcohol deposit in the amount established in the City Council-approved fee schedule
shall be required for any event where alcohol is being served.
iii. If alcohol is to be served, full liquor liability insurance coverage is required.
iv. Security is required to be present at all events at which alcohol is served. Cost of the
security is the responsibility of the user and is payable to the City of Diamond Bar. Events
that serve alcohol with 200 or more guests are required to have a minimum of two security
guards. Event may be required to have additional security, as determined by the Center
Director. (Please see Section XII page 24 for more information.)
v. Sale of alcohol at private parties, including but not limited to weddings, anniversaries,
birthdays, quinceaneras, etc., must be arranged through a caterer with a valid type 47 or 48
license obtained from the California Department of Alcoholic Beverage Control. No
exceptions.
vi. Non-profit organizations may serve alcoholic beverages by obtaining a one-day permit from
the California Department of Alcoholic Beverage Control.
vii. Alcohol shall not be served to minors. The user’s failure to comply, monitor and enforce this
provision is grounds for terminating the activity immediately and forfeiture of the refundable
deposits and all of the room fees.
viii. Injuries caused to any person as a result of alcoholic beverages being served and/or
consumed on City premises, including but not limited to the Diamond Bar Center, shall be
the sole responsibility of the organization, its sponsor or the adult representative, who, as a
condition of signing the use permit for the facility agree to indemnify the City for any such
injuries.
ix. Permission to serve alcohol shall not be granted for any event where the majority (50% plus
one) of guests in attendance will be under the age of 21.
x. Alcohol may not be served or sold prior to or beyond the approved alcohol service time.
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xi. Alcohol may not be served until approved security officers are on-duty at the facility or
unless the requirement for security has been waived by the Parks & Recreation Director or
designee.
xii. Alcohol may not be served nor consumed outside of the room approved for use. Serving or
consuming alcohol on patios adjoining the room approved for use is permitted.
xiii. Alcohol may not be served nor consumed in the parking lot without written approval from the
City.
xiv. The service of alcohol at any event is limited to a maximum of five consecutive (5) hours.
xv. Alcohol service time shall be ended no later than one (1) hour prior to the scheduled start of
event cleanup period.
xvi. All alcohol must be distributed by a server(s) from behind a table or a bar, which must be
monitored by the server at all times. The server(s) must be a member of the catering staff or
a hired bartender and may not be a guest of the event. The server(s) must be an adult, over
the age of 21 and is required to submit a copy of his/her driver’s license a minimum of thirty
(3) days prior to the event. The server(s) is responsible for ensuring that guests are not
overserved and that no minors are served. The server may not consume alcohol while on
duty.
xvii. When serving champagne, all bottles must be opened in the kitchen prior to serving.
Champagne bottles may not be opened in the banquet rooms. All unopened bottles must
be stored in the kitchen.
b. Alcohol License Requirements
i. No sales or requests for donations for alcohol are permitted without a license from the State
Alcoholic Beverage Control Board (A.B.C.), Los Angeles County office.
ii. A copy of the facility rental contract and City-issued letter of approval must be furnished to
A.B.C. when applying for this license.
iii. A copy of the A.B.C. license must be furnished to the City a minimum of seven working days
prior to the event.
iv. A copy of the A.B.C. license must be posted in plain public view near the bar, or other
location, where the alcohol is being served.
v. Non-Profit Organizations: A one-day alcoholic beverage permit can only be issued to Non-
profit organizations and only if the proceeds are going back to that Non-Profit organization.
vi. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone
other than a Non-Profit organization, shall not sell alcohol on their own, but must arrange
this through a licensed caterer. The caterer must have a License (Type 47 or 48), which
enables the caterer to sell beer, wine, & distilled spirits (hard liquor). If the caterer does not
have this license the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a
private party to sell alcohol on their own.
12. GENERAL OPERATING REGULATIONS
a. Advertising Materials
Advertising materials may be left with staff for approval and will be displayed when deemed
appropriate and as space permits. Any item posted which has not been approved will be removed
and discarded.
b. Animals
Animals are not permitted inside City facilities except licensed service animals. This includes, but is
not limited to, guide dogs for the blind and dogs for the hearing or physically impaired. Diamond Bar
Municipal Code section 12.00.260 specially prohibits animals outside the Diamond Bar Center or in
Summit Ridge Park (except leashed dogs and cats) unless permitted by the Parks & Recreation
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Director. Permits will be considered when animal is provided by an insured business and the
following conditions are met:
• Animal must remain under the control of the business animal handler at all times
• Business must provide one million dollars ($1,000,000) in liability/property damage
insurance listing the City of Diamond Bar as an additional insured, per this policy
• If approved, an animal deposit in the amount established in the City Council-approved fee
schedule shall be required.
c. City Equipment
Moving, rearranging, or altering City equipment for purposes other than its intended use is
prohibited. City equipment shall not be removed from the facility.
d. Clean Up
Clean up is the user’s responsibility and includes, but is not limited to, wiping of table tops, cleaning
of chairs, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter
tops and kitchen equipment, cleaning up all spillage on/in floors, refrigerators/freezers, and ovens,
and removal of all user-owned or leased (non-City owned) items by the end of the rental. Storage is
not provided at City facilities.
e. Commercial Use of City Facilities
Generally, the private and/or commercial use of City facilities for profit and private gain is prohibited.
Diamond Bar-based non-profits may use City Facilities to conduct fundraising efforts, provided that
100% of the funds generated are received by the organization and all expenses related to the
fundraising event are paid through the organization’s regular debt process.
f. Decorations
All decorations require prior approval by staff. No signs or decorations are to be taped, nailed or
otherwise attached to walls, windows, ceilings, drapes, or other City property without written
approval. Decorations must be fireproof. Patio decorations, tents, or other equipment must also
receive written approval. No rice, birdseed, confetti, or other similar items shall be thrown in or
around the facility. Balloons must be secured and not released. Metallic ribbons may not be
attached to balloons. A fee will be assessed if staff must retrieve released balloons or if any
decorations cause damage to facility.
g. Discrimination By User Groups
The City of Diamond Bar shall not rent, lease, or allow use of its public facilities by any person or
organization that illegally discriminates on the basis of race, color, creed, marital status, sex,
religion, national origin, ancestry, sexual orientation, or handicap condition.
h. Events Not Covered
Special events or requests not covered in this Use Policy must be submitted in writing and shall be
reviewed by the City to determine appropriate use, fees, and services. A variance may be required
as provided in Section 14.
i. Facility User’s Property
All property, equipment, supplies, etc. owned by the user must be removed from City facilities
immediately following activity. The City reserves the right to remove any remaining items from the
premises and have them stored at the owner’s expense. If such equipment or supplies are not
claimed within two (2) weeks after notice to the user, the City reserves the right to dispose of such
material in any manner it deems appropriate and retain any proceeds received from such disposal.
Any cost to the City, including but not limited to administrative costs, incurred to dispose of the
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unclaimed property in excess of the revenue received from such disposal shall be billed to the user
with payment due and payable in thirty (30) days.
j. Fire/Open Flame
Fire and open flame are strictly prohibited without written approval in the form of a permit issued by
the City Building and Safety Official. Typical uses of fire and open flame that may be considered for
approval include:
• Tea lights that meet the design standards of the L.A. County Fire Department
• Regular style birthday candles no more than 3 1/2 inches in height that are placed in a cake
(pastry or ice cream) and lit for a short duration and then extinguished after the singing of a
celebratory song (relight candles are not allowed);
Request for permit, along with sample candle or open flame device, must be submit ted to the staff a
minimum of fourteen (14) days prior to event. Sterno heaters for food warming are allowed without
a permit by licensed caterers if heater is placed under a chafing dish on a table with no guests
seated at the table. Propane containers (or similar Class I and II liquid fuels) are prohibited at City
facilities at all times.
k. Food and Beverage
No homemade food or beverages are allowed in City facilities. Food service must be provided by a
licensed caterer, restaurant, or deli. For all catered services, a valid Public Health Permit must be
submitted at least thirty (30) days prior to the event date. Receipts for purchase of food from a
restaurant or deli are required the day of the event. No cooking is allowed at City facilities. For
purposes of this policy, cooking includes, but is not limited to baking, barbequing, frying, grilling, etc.
Use of outside areas for food heating and cooking is prohibited, with exception of Public Health
permitted food trucks.
l. Illegal Activity
All groups and individuals using City facilities shall comply with City, County, State, and Federal
laws. Illegal acts, including but not limited to fighting, gambling and lewd conduct are prohibited.
Illegal activities will be immediately reported to law enforcement.
m. Incense, Fog, Hazer or Smoke Use
Incense, fog, hazer or smoke use is not permitted at City facilities at any time.
n. Maximum Attendance
All rentals are subject to and may not exceed the maximum room capacities listed in Section 2.
Failure to comply may result in termination of event.
o. Minors
Groups of minors shall be supervised by one adult for every 10 minors, age 12 and under and one
adult for every 20 minors under the age of 18 and over the age of 12 at all times while they are
using the Center. Events that are specifically geared to minors may be required to have security
guards present during the event and cleanup. Permission to serve alcohol shall not be granted for
any event where the majority (50% plus one) of guests in attendance will be under the age of 21.
p. Parking Lot
The use of the parking lot is to service the facility. Exceptions may be issued through approval of a
Variance as provided in this policy. Requests to use the parking lot will be considered under
“events not covered” for appropriate use, fees, and service.
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q. Public Portions
The City shall control and operate City facilities, including the heating and air conditioning systems
and common use areas, in a manner deemed best by the City.
r. Security of Entrances
All entrance doors on the premises shall be locked when the facility is not in use. All door openings
to public corridors shall be kept closed except for normal ingress and egress. During use of City
facilities, all exit doors shall be unlocked and shall not be blocked in any manner.
s. Sleeping/Lodging
Sleeping or lodging is not permitted in City facilities.
t. Smoking, Vaping, & Tobacco Use
u. Smoking, vaping, and/or tobacco use of any kind or smoking is not permitted in City facilities.
Smoking, vaping and tobacco use is permitted in designated outdoor areas only.
13. LIABILITY AND INSURANCE
a. General Liability Insurance
i. All users of the facility shall procure and maintain, at their own expense and for the duration
of the event covered, comprehensive general liability in an amount not less than one million
dollars ($1,000,000.00) per occurrence two million ($2,000,000.00) general aggregate, for
bodily injury, personal injury, and property damage. Depending on the nature of the
proposed facility use, additional insurance may be required.
ii. If alcohol is to be served, full liquor liability coverage is required.
iii. The policy must include contractual liability that has not been amended.
iv. Insurance shall contain no special limitations on the scope of protection afforded to City and
City personnel.
v. Insurance shall be the primary insurance and any insurance or self-insurance maintained by
City or City personnel shall be in excess of the user’s insurance and shall not contribute with
it.
vi. Insurance shall be “date of occurrence” rather than “claims made” insurance.
vii. Insurance shall apply separately to each insured against the limits of the insurer’s liability
viii. Insurance shall be written by insurance companies qualified to do business in California and
rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or
in the Federal Register, and only if they are of a financial category Class VIII or better,
unless such rating qualifications are waived by the City’s Risk Manager due to unique
circumstances.
ix. The applicant’s policy must include a 30-day written cancellation notice.
x. Applicant must file an original copy of the Certificate of Insurance not later than the date of
final payment. If a certificate is not on file by this date, insurance fees will apply.
xi. Coverage must be purchased via the City’s contracted special events insurance provider,
unless the applicant is able to meet insurance requirements.
b. Additional Insured Endorsement
i. Additional insured endorsements are required and must accompany the Certificate of
Insurance.
ii. Additional Insured Endorsement must also indicate policy number, date, name of insurance
company and name of insured and must name the City, its officers, employees, agents, and
volunteers as additional insureds as to comprehensive bodily injury, personal injury, and
property damage liability.
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c. Indemnity
i. To the full extent permitted by law, user shall defend, indemnify and hold harmless City of
Diamond Bar, its officials, employees and agents, from any and all losses, costs, expenses,
claims, liabilities, actions, or damages, including liability for injuries to any person or persons
or damage to property arising at any time during and/or arising out of or in any way
connected with Permittee’s authorized use or occupancy of the facility and adjoining
property unless solely caused by the gross negligence or willful misconduct of City of
Diamond Bar, its officers, employees, or agents.
14. VARIANCES
An applicant may request a variance from one or more of the rules set forth below in the event that
unusual circumstances make it impossible or infeasible to conduct the event within the precise
parameters of this policy.
a. Variances may be requested only from the following requirements:
i. Hours of use beyond closing times stated in this policy.
ii. Use of the parking lot for any purpose other than parking the cars of facility users in marked
stalls.
iii. Large events that involve the use of multiple rooms and/or spaces not normally scheduled
for use and uses that may result in parking of event attendees in areas beyond the boundary
of the Diamond Bar Center parking lot, or events not covered in this Use Policy.
iv. Waiver of fees for Group C (governmental) organizations when it is determined that the use
by the Governmental Organization will provide a substantial and measurable benefit to the
Diamond Bar community.
v. Requests for waiver or discount of fees will not be accepted nor considered except for
variances listed above.
b. Variance Request Process
i. Variances must be requested in writing to the Parks & Recreation Director. The request
must set forth the unusual circumstances that justify a deviation from the ordinary rules. The
decision of the Parks & Recreation Director is final.
ii. Variances will be granted only upon a finding that
• The circumstances presented are unusual and not likely to recur often;
• The granting of the variance will not set a precedent;
• The variance will not be detrimental to public health, safety or welfare, or disruptive
to other events occurring in the facility at the same time, or to the immediately
surrounding neighborhood.
iii. In the event a variance is granted, the applicant will pay any supplemental fee necessary to
compensate the City for additional costs associated with the variance.
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Exhibit B
Athletic Facility Use & Allocation Policy
1. INTRODUCTION
The City of Diamond Bar Parks & Recreation Department coordinates and allocates the use of City athletic
facilities to organizations and the general public for recreational activities and programs. The City may also
allocate the use Walnut Valley and Pomona Unified School District athletic facilities when school is not in
session and in accordance with terms of Joint Use Agreements.
While demand often exceeds facility availability, the City makes every attempt to allocate facilities in a manner
that provides the greatest access to Diamond Bar residents. The allocation of athletic facilities is determined at
biannual allocation meetings of the user groups and the City, in which close collaboration and cooperation is
essential.
2. STATEMENT OF POLICY
The Athletic Facility Use and Allocation Policy (“Policy”) sets forth the rules and regulations for use and
allocation of City of Diamond Bar (“City”) athletic facilities to recurrent users. The Policy is established with the
following goals in mind:
• To establish a fair and equitable process for allocating City facilities for public use.
• To ensure Diamond Bar residents have priority usage/access to City facilities.
• To foster an active, healthy, and safe Diamond Bar for all ages by providing access to fields and courts
for athletic games, practice, and recreation.
• To ensure City facilities are scheduled appropriately with proper maintenance and renovation intervals.
3. DEFINITIONS
“Certified Non-profit Organization” – To qualify, an organization must provide written documentation of non-
profit status from the State of California or from the Internal Revenue Service (IRS). The City reserves the
right to request 990 forms, financial records, and/or tax returns to certify non-profit status.
“City Facility” – Any facility that is owned, operated, or primarily allocated by the City of Diamond Bar.
“Hazardous Activities” - Any activity that is defined by the State of California, the City’s insurance provider
or Risk Manager to be hazardous.
“One-Time User” – Any person, company or organization that requests use of a park, or portion thereof, for
a single day of use.
“Qualifying Youth Organization” - An organization serving participants ages 18 and under with a minimum
of twelve participants and a Resident Percentage Status of no less than 40%.
“Qualifying Adult Organization” – An organization serving participants ages 18 an over with a minimum of
twelve participants and a Resident Percentage Status of no less than 40%.
“Resident Participant” – A participant in a qualifying organization that resides within the city limits of the
City of Diamond Bar.
“Resident Percentage Status (RPS)” – RPS is calculated by dividing the total number of Diamond Bar
Resident Participants by the total number of participants in the qualifying organization. For example:
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Exhibit B
• Organization A has a total of 700 participants, with 500 of those being Diamond Bar Resident
Participants. Therefore, RPS equals 500/700, or 71.4%.
“Resident Teams” – The number of Resident Teams for each user group is calculated by dividing the total
number of Resident Participants by twelve. For example:
• Organization A has 150 participants, with 95 of those being Resident Participants. Therefore, the
total number of Resident Teams equals 95/12, or 7.9.
The City reserves the right to adjust this formula at any time.
“User Groups” – Qualifying youth or adult organizations that use athletic facilities.
4. FACILITY ALLOCATION REQUESTS
Exclusive and/or recurrent use of City Facilities requires a City-issued Facility Use Permit and is subject to fees
and/or deposits established by the City Council.
A. Application Process
Requests for use of City Facilities are made through the City of Diamond Bar Parks & Recreation
Department. City facilities will be allocated to Qualifying Organizations three times per year for the
periods of January 1-April 30 and May 1-August 31, and September 1-December 31. Organizations
requesting a recurrent facility allocation must submit the following documents by November 1 of the
previous year for the January 1-April 30 allocation, March 1 for the May 1-August 31 allocation, and
July 1 for the September 1-December 31 allocation. The City will hold a field allocation meeting with all
applicants in December for the January 1-April 30 allocation, in April for the May 1-August 31 allocation,
and August for the September 1-December 31 allocation. All documents must be submitted on time and
fully complete to receive consideration for allocation.
• Fully completed City of Diamond Bar Facility Use Application. The application must be signed
by a member of the organization’s board of directors or designated official representing the
organization.
• Complete list of names, address and telephone numbers of the current Board of Directors or
designated officials.
• Applicants must identify two designated officials to serve as representatives to the City. All
communications between the City and the organization related to facility allocations must be
made via these contacts. One of the designated officials must be present at Field Allocation
Meetings to qualify for a permit.
• Complete participant rosters with the total number of participants and total number of Diamond
Bar Resident Participants. If current rosters are not available at the time of the facility allocation
meeting, user groups must submit the most recent applicable roster and schedule (e.g. previous
season’s Fall rosters and schedules for upcoming Fall season). Subsequently, rosters for the
season to be played during the allocation period must be submitted within two weeks of the
commencement of the season. Rosters must include home addresses to verify Diamond Bar
residency. The City reserves the right to conduct random audits to verify residency and may
request verification in the form participant identification cards, utility bills, or other statements or
documents showing primary residency. User groups must be prepared to provide such
information upon request.
• Proof of current non-profit status with the Internal Revenue Service and State of California, if
applicable.
• Master calendar of events, which includes, but is not limited to registration dates, tryouts (date,
time and place), practices, league games, tournaments, etc.
• Youth Sports Organizations are required to collect a signed “Parents Code of Ethics” form from
each parent/guardian with a child enrolled in the program. Forms must be incorporated into the
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Exhibit B
registration process and retained by the organization for the duration of the season. Failure of
the youth sports organization to properly collect and enforce the “Parents Code of Ethics” could
result in the organization’s loss of privilege to use City owned and/or operated facilities. (See
attachment for sample of “Parents Code of Ethics” form).
• Occasional or one-time only use requests must be submitted via a separate Application for Use
of City Facilities at least 14 days prior to requested facility use. Applicable fees must be paid at
time of request. Occasional or one-time only use requests are limited to no more than 12
requests annually.
B. Insurance Requirements
Permitted users of City Facilities must agree to indemnify and hold the City harmless, and must provide
evidence of appropriate insurance to back up the indemnity agreement. Each participant/parent of a
minor participant must be required to sign a waiver upon registration with the Qualifying Organization.
User must sign and submit a completed City-provided indemnification form at least 14 days prior to the
first scheduled use of facilities (Exhibit XX).
User must provide evidence of the required insurance coverage. User shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
The City, its officers, officials, agents, and employees shall be included as additional insureds on the
policy. Policies must include a provision requiring a thirty (30) day written cancellation notice to the
City. The City reserves the right to require additional insurance requirements as determined to be
appropriate for the requested use. Proof of insurance must be submitted to the Parks & Recreation
Department and City Clerk at least 14 days prior to the first scheduled use of facilities.
Special event insurance is available to occasional and one-time users through the City and can be
purchased by the participating group. Please contact the Parks & Recreation Department at 909-839-
7070 for information.
C. New Organizations or Splits From Existing Organizations
To provide adequate time to study the impact on facilities, new organizations or those splitting from an
existing Qualifying Organization must submit a Facility Use Application and all documentation
described above a minimum of six months prior to the estimated start date of the proposed league. The
City will attempt to accommodate all qualifying organizations, but reserves the right to deny the use of
any City facility to any group if it is determined that a new program will negatively impact the allocation
of any facility.
5. FACILITY ALLOCATION PROCESS
The Facility Allocation Process is established to provide fair and equitable distribution of City facilities and to
maximize access to Resident Participants.
A. Priority Classification Groups
Based on the content of the application, organizations will be classified in one of the following priority
classification groups. These groups establish applicability of fees and, in descending order, establish
priority of use.
• Group A - Activities conducted and/or sponsored by the City of Diamond Bar.
• Group B - Certified non-profit Qualifying Youth Organizations with registration open to the
general public (all registrants are placed on teams and allowed to participate).
• Group C - All other Qualifying Youth Organizations.
• Group D - Qualifying Adult Organizations.
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Exhibit B
• Group E – Diamond Bar residents, businesses, or organizations based commercial, industrial or
professional groups, using the facility for a one-time, non-recurrent non-profit purpose.
• Group F – Non-Diamond Bar residents, businesses, or organizations using the facility for a one-
time, non-recurrent non-profit purpose.
B. Allocation Priority Within Groups
To determine allocation priority within groups, the following factors shall be considered:
• Total number of Diamond Bar Resident Participants
• Resident Percentage Status (RPS)
• Proposed activity’s “in-season” status. For example:
Spring: Baseball/Softball
Fall: Soccer/Football
C. Facility Allocation Formula
The Facility Allocation Formula is used to provide equitable distribution of City facilities for each Priority
User Group Classification. Provided there is facility availability, the City will make an effort to allocate 4
hours of facility time (2 hours for practice, two hours for games) per Resident Team per organization.
The City reserves the right to reduce the hours per Resident Team based on facility availability. Thus,
the formula is as follows:
Total Number of Resident Teams x 4 hours per Resident Team
For example:
User Group A has 200 participants, 140 of which are Resident Participants. 140/12 equals 11.66
Resident Teams. 11.66 Resident Teams times 4 hours per team equals 46.64 hours of facility time per
week. Total hourly allocations will be rounded to the nearest whole number, so 46.64 hours equals 47
hours.
Remaining surplus time available will be allocated to Qualifying Organizations at the City’s discretion
pending available facility space.
6. FACILITY USE PERMITS
A. Permit Issuance
Exclusive and/or recurrent use of City Facilities requires a City-issued Facility Use Permit. Permits shall
be issued by the Parks & Recreation Director or designee according to the Facility Allocation Request
process described in this policy. All facility allocations, including the assignment of dates, times and
areas for use are made at the sole discretion of the City. Permits will be issued by the Parks &
Recreation Director or designee according to the Facility Allocation Request process described in this
policy. Permits may be conditioned as determined necessary for the protection of public health, safety,
and welfare of participants and City facilities. Qualifying Organizations must maintain a copy of the
signed permit on-site at all schedule uses.
B. Fees
Fees for use of City Facilities are at the discretion of the City Council. The City Council-adopted fee
resolution shall determine all fees, charges, and/or associated with facility allocations. The City Council
may review and adjust fees at any time.
C. Transfer, Assignment, Exchange, or Sublease of Permits
Applicants shall not transfer, assign, exchange, or sublet use of the permits/fields or apply for use on
behalf of another person or organization. Any such modification must be filed with the City in writing by
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Exhibit B
both Qualifying Organizations a minimum of ten business days prior to the requested modification date.
All requests must be reviewed and approved by the City.
D. Notice of Non-Use of Permitted Facility
Any user that has been allocated use of a City Facility and does not intend to use it must notify the City
in writing within three days of the scheduled non-use so that the facility can be reallocated.
E. Permit Cancellations/Revocation
The City reserves the right to cancel or revoke any Facility Use Permit for cause or convenience, which
includes but is not limited to:
• When the City is engaged in maintenance or other work involving any of the facilities scheduled
to be utilized.
• When inclement weather or other conditions threaten the health and safety of participants
and/or may result in damage City Facilities.
• Any non-compliance with City policy or any provision of the Diamond Bar Municipal Code.
In the event a Facility Use Permit for one-time use is canceled due to City maintenance or other work or
inclement weather and cannot be rescheduled, any related deposits will be refunded in full.
F. Variances and Appeals
Requests for variances or appeals must be submitted in writing to the Parks & Recreation Director
within ten days of the decision. The finding of the Director of Parks & Recreation shall be made in
writing and is final.
7. ATHLETIC FACILITY USE RULES & REGULATIONS
A. General
All park users, including Qualifying Organizations, must comply with all provisions of the Diamond Bar
Municipal Code.
B. Basketball Court Use
Basketball courts are available for use on a first come, first serve basis for basketball play only and may
not be reserved, except for City activities.
C. Batting Cages
Batting cages are provided for use by the public and qualified user groups for batting and pitching
practice and are open during regular park operating hours.
Users may provide their own pitching machine for use in the batting cage. Electricity is provided for the
pitching machine at no cost to the user. Use of a generator is not permitted due to noise related issues.
Batting cages are to be used for batting or pitching practice only.
Priority of use shall be determined by the facility use schedule for the softball/baseball fields, as follows.
• First priority - One team from each field is allocated use of one batting cage during their
scheduled use of the field. If more than one team is scheduled on a field, the teams must share
use of the batting cage, each team receiving ½ of the time.
• Second priority - If no team is scheduled to use the field, a team can reserve use of the batting
cage in the same manner City Facilities are reserved.
• Third priority - If no teams have reserved the field or the batting cage, the batting cage is then
available on a first come, first serve basis.
D. Commercial Use of City Facilities
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Exhibit B
Generally, the private and/or commercial use of City Parks for profit and private gain is prohibited.
Qualifying Organizations may use City Facilities to conduct fundraising tournaments, clinics, or events
provided that 100% of the funds generated are received by the organization and all expenses related to
the fundraising event are paid through the organization’s regular debt process. Requests must be
submitted sixty (60) days in advance of the date of the activity/event for consideration by the Parks &
Recreation Department.
E. Concession Stands
Concession stands are available to permitted users only as a condition of an approved Facility Use
Permit and payment of deposit. A copy of the permit must be maintained on-site whenever the
concession stand is in use. Keys shall be issued with the approved permit and cannot be duplicated or
transferred. Users must lock the concession stand after each use. Lost keys must be reported to the
City immediately, with the cost of replacements deducted from the deposit.
Permitted users must maintain a safe and clean environment at all times. Food and drinks must be
stored securely and appropriately. Permitted users must abide by all County of Los Angeles Health and
Safety standards and regulations and provide a current, approved permit for each allocated use.
Concession stands are subject to inspections by the Health Department and/or City staff at any time.
Adult supervision must be maintained at all times. Children under the age of thirteen are not allowed to
work in the concession stand.
The user group shall be responsible for the cleaning of the Concession Stand (sweeping, trash
removal, wiping counters) after each use. Concession stands may not be used to store an
organization’s equipment or any other items that are not directly related to concessions. The deposit
will be forfeited if stored material, with the exception of City owned capital equipment
(refrigerator/microwave), is not removed within fourteen (14) days of completion of the allocation period
season. The facilities must be cleaned and all capital equipment disconnected from electrical outlets
(except refrigerator). The City, accompanied by the scheduled user group, will conduct an inspection of
the facilities at the conclusion of the fourteen (14) day period to ensure compliance. Users will be
charged for any damage to the facility or clean-up resulting from use.
The City assumes no liability or responsibility for any items stored or kept in or otherwise brought to
concession stands.
F. Field Modification Requests
Requests to modify City facilities shall be submitted in writing to the Parks & Recreation Department for
review by staff. The request may be presented to the Parks & Recreation Commission for comment and
the City Council for consideration/approval. City Council decision is final. No permanent structures or
equipment shall be placed and/or erected on City facilities unless approved by the City Council and
dedicated for community use.
G. Field Preparation
Field preparation, including lining of fields, setting of bases, installation of goal posts, dragging of
infields, etc., is to be performed by the user assigned to the facility. Lining or marking of athletic fields
must be approved by the City as a condition of an approved Facility Use Permit. Field lines/markings
must be applied with white chalk or white water-based paint only. Burning lines on fields with
chemicals, gasoline, or any other method is expressly prohibited.
Users are responsible for general facility clean-up and litter removal after each use.
Any user failing to comply with this policy is responsible for all costs related to the clean up or repair of
the facility and is subject to termination of permit.
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Exhibit B
H. Inclement Weather/Health & Safety
The City reserves the right to cancel or suspend Facility Use Permits when inclement weather or other
conditions threaten the health and safety of participants and/or may result in damage City Facilities.
Such conditions may include, but are not limited to rain, mud, standing water, lightning, earthquakes,
and general maintenance issues. The Public Works Department, Maintenance Division is authorized to
close any City Facilities deemed to be unsafe or unplayable. The decision of the Park & Recreation
Director or designee is final.
If there has been inclement weather or other conditions that threaten the health and safety of
participants and/or may result in damage to City Facilities within the last 24 hours, permitted users must
call the Weather Hotline at 909-612-4636 for facility availability information. The Weather Hotline is
updated after 2:00 p.m. Monday through Friday and after 9:00 a.m. on weekends and holidays.
Failure to comply with field closures may result in revocation of the organization’s Facility Use Permit
and charges for all direct and indirect costs incurred by the City for repair of the turf and/or irrigation
systems. Repair costs are based on actual expenses and normal City overhead.
I. Lighted Athletic Fields
User of lighted athletic fields are subject to hourly fees and deposits as determined by the City Council.
Upon approval of a request to use ballfield lights, the applicant will be issued a key to access the switch
to the ballfield lights. Use of lighted fields is at the City’s discretion.
User must turn off lights immediately after use and shall not depend on the automatic timer. Failure to
turn off lights after use will be subject to fines as established by the City Council. Users will be notified
within 72 hours of the violation. The City may deny use of lighted facilities to any user that leaves the
ballfield lights on after the conclusion of the scheduled activity more than twice in one calendar year.
J. Maintenance
The City is responsible for general maintenance of City Facilities. Users should immediately report any
maintenance issues, hazards, damage, or acts of vandalism to the Parks & Recreation Department
(909-839-7070) or Public Works Department (909-839-7060), in emergency or after-hours situations,
the Los Angeles County Sheriff's Department (909-595-2264). It is the policy of the City of Diamond Bar
to prosecute to the fullest extent possible any individual committing willful acts of vandalism or damage
to City Facilities.
City Facilities are subject to closure for maintenance needs at the sole discretion of the City. An annual
rest and renovation program shall be scheduled in an effort to maintain quality field conditions. This
may result in closure of City Facilities or denial/revocation of Facility Use Permits for the period
necessary to complete maintenance work. The City will inform users of scheduled closures in advance
and will attempt to reallocate scheduled use to alternate sites.
K. Motorized Vehicles
Motorized vehicles are not permitted on parks, fields, or courts without written authorization of the City
as a condition of a Facility Use Permit. Special requests for motorized vehicle use shall be made in
writing and include the type of vehicle being proposed for use. Requests must be submitted for
consideration with the Facility Use Application for each allocation period. Upon approval of request, all
drivers must be licensed.
L. Public Address Systems/Sound Amplification
No person or group shall use any public address system and/or sound amplification equipment at any
City Facility without first submitting a written request a minimum of ten business days prior to the
proposed use and receiving subsequent written approval from the Parks & Recreation Director or
designee.
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Exhibit B
The use of the public address system must not unreasonably interfere or disturb surrounding
residences, nor shall the use of the public address system detract from or interfere with the general
public's use and enjoyment of the park. The direction of the public address system's speakers must be
directed toward activity spectators and away from the surrounding residential areas. Public address
system use is permitted only between the hours of 10:00am and 9:00pm daily.
In addition to the provisions in this policy, any use of public address systems and/or sound amplification
equipment is subject to the provisions of Title 8 of the Diamond Bar Municipal Code. Failure to comply
with the above requirements will result in immediate disconnection of the public address system and
may result in forfeiture of Facility Use Permit.
M. Restrooms
Park restrooms are unlocked daily at approximately 8:00am and remain open until the park closes.
Special restroom access is available upon written request to the Parks & Recreation Department.
Restroom facilities must be cleaned and stocked by the user during and immediately following the
scheduled use each day. A cleanup fee, based on actual direct and indirect expenses incurred is
charged to users that do not clean following their use.
Organizations hosting tournament play or other highly attended events may be required to rent portable
restroom facilities to accommodate the increased number of participants and spectators as a condition
of an approved permit. Organizations are responsible for delivery, maintenance, cleaning, and removal
of approved/required portable restrooms. Placement/location of required portable restrooms is at the
discretion of the City.
N. Sale & Consumption of Alcoholic Beverages
Generally, alcoholic beverages are not allowed in City parks per Diamond Bar Municipal Code Section
12.00.280. For sale and consumption of alcoholic beverages at specific standalone special events
written authorization of the City is required under the following procedure:
• Special event operator must submit a completed Application for Sale and Consumption of
Alcoholic Beverages at City of Diamond Bar Facilities (Exhibit XX). A completed application
must be received by the City a minimum of 60 days prior to the proposed event.
• The applicant/organization must to obtain the appropriate license from the California Alcoholic
Beverage Control Board (ABC) and comply with all license and operating requirements of the
ABC and federal, state and local laws.
• The sale and/or consumption of alcoholic beverages must be limited to the premises where the
special event is to be held and to the participants in the event who may consume such
beverages.
• The authorization to sell alcoholic beverages must not conflict with the contractual rights of City
concessionaires.
• The special event must be one in which the participants will not engage in swimming, boating or
the operation of motorized vehicles or equipment or other similar activities as determined by the
City.
• The event must be monitored (on-site, during the event) by one or more employees of the City
or other persons approved by the City. Permittee is required to reimburse the City for the cost of
that assignment.
• At the discretion of the City and local law enforcement, law enforcement or private security
personnel may be required to provide security at the event. All required law enforcement or
private security personnel shall be provided at the sole cost of the applicant.
• In addition to all standard insurance and indemnification requirements of users listed above, the
City may require special liquor liability insurance.
• Applicant is subject to any and all applicable fees and deposits as approved by the City Council.
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Exhibit B
O. Storage Facilities
Subject to availability, storage facilities are made available free of charge to local seasonal user groups.
A refundable deposit will be charged for the use of storage facilities. All user equipment must be stored
in an orderly manner. Upon conclusion of seasonal play or allocation period, all equipment must be
removed within fourteen (14) days or a cleanup fee, based on actual expenses incurred and overhead,
will be charged. If equipment is not claimed within thirty (30) days it will be confiscated and disposed of
as prescribed by law. Equipment stored in the facility is not the responsibility of the City. Unnecessary
equipment stored in the facility will be removed at the user group's expense.
P. Tennis Court Use
City tennis courts are available for use on a first come, first served basis and may not be reserved,
except for City-sponsored activities.
When others are waiting and no courts are available, use of a court (for play, lessons or otherwise) is
limited to one hour of use and then must be relinquished by all persons using the court to the first
person waiting for that court. Courts may not be held by one person alone. Priority of right to use the
court shall be established by the placing of a racquet on the number board. Waiting players shall
remain in person at the court desired and shall be physically present to take possession of the court
when relinquished.
Only persons wearing tennis shoes shall be allowed on the tennis courts. No street shoes, no wheeled
shoes and no wheeled vehicles of any type may enter the tennis courts. The use of tennis courts for
concession sales or distribution is prohibited unless authorized by the City. The use of tennis courts for
skating of any kind is prohibited, unless authorized by the City. Pets are not permitted at any time on
the courts.
Q. Tournaments
Groups requesting the use of City Facilities for tournament play outside normal league activities must
be Qualifying Organizations and complete a Tournament Request Form/Application a minimum of 60
days prior to the next allocation. The City will review the request to assess the impact of the proposed
tournament on neighbors, facilities, parking, traffic, and any other factors determined to be relevant to
the request before issuing a permit. The City reserves the right to condition the permit as deemed
necessary. Tournaments must comply with all provisions of this policy and the Diamond Bar Municipal
Code.
R. Traffic & Parking
Participants, spectators, coaches and others associated with the Qualifying Organization must comply
with all parking regulations. No parking is allowed outside marked parking areas unless authorized in
writing by the City. Large events or tournaments may require additional traffic control plans per the
City’s public safety officials.
S. Turf/Field Preservation
Users are expected to cooperate with the City to preserve playing surfaces at City Facilities by following
these guidelines:
• Do not use turf areas that are wet or muddy.
• Rotate play between different sections of turf to reduce excessive turf wear in a single area.
• Divots must be replaced at the end of each use to help reestablish loose turf.
• Avoid placing tarps or other coverings on turf playing surfaces.
• Soccer and football practices are not allowed on dirt infield areas of baseball/softball diamonds.
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Exhibit B
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Exhibit C
Park & Picnic Use & Rental Policy
1. Policy Statement
The purpose of this Use Policy is to ensure that the use of the picnic areas are granted
in a fair and equitable manner for meetings, activities, and events, which are
recreational, social, and/or civic in nature, offering services of interest and need to the
community. Fees charged for the use of the picnic areas are intended to partially recoup
on-going maintenance and operation costs of the facility. The City Manager has the
discretion to make operational policy changes while policy changes pertaining to the
fees will be reviewed by the Parks & Recreation Commission and approved by the City
Council.
Staff shall be responsible for enforcement of all policies, rules, and regulations
established in this policy and shall have the authority to deny or terminate the use of the
facility if a determination is made that the use does not conform to the requirements of
Center use policies and regulations and/or may cause damage to the facility.
City staff shall oversee and supervise all events at City facilities for the safety and well-
being of the public and facility. Staff shall be responsible for and have complete authority
over the facility being used, all equipment, participants, activities, alcohol service and
any security firm(s) on site per the terms of this policy. Staff shall have authority to
request changes in activities or cessation of activities. Users must comply with staff
requests and instructions.
This policy covers use of designated picnic areas within the City’s parks. Requests for
field and court use require a separate application and are covered within the Athletic
Facility Use and Allocation Policy.
2. Picnic Areas
Use of City picnic facilities is subject to the following maximum capacities. All rentals
are subject to and may not exceed the maximum capacities. Failure to comply may
result in termination of event.
Park/Picnic Facility Maximum Capacity
Heritage Park 85
Maple Hill Park 85
Pantera Park 300
Peterson Park 115
Ronald Reagan Park 80
Sycamore Canyon Park 130
3. GROUP PRIORITY RATING
a. An individual or group seeking permission to utilize a picnic area will be classified in
one of the following priority groups. These classifications are used to establish
priority of use and the applicability and amount of the fee and/or deposit. The groups
are as follows, in descending order of priority:
i. Group A - Activities conducted and/or sponsored by the City of Diamond Bar.
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Exhibit C
ii. Group B - Activities conducted by the City recognized Senior citizen
membership groups. Priority within this group shall be determined by the
overall number of Diamond Bar residents served per group after review of
verified membership rosters by Parks & Recreation Director.
iii. Group C - Activities conducted by other Governmental agencies, local school
districts, or Diamond Bar based non-profit organizations.
iv. Group D - Private events conducted by Diamond Bar residents, resident
groups/organizations, and Diamond Bar-based businesses.
v. Group E - Private events conducted by non-residents, non-resident
groups/organizations, and businesses based outside Diamond Bar.
4. Picnic Reservations
a. Application Process
i. Any person or group wishing to reserve a picnic facility must submit a
complete Application for Use of Facilities to the Parks & Recreation
Department at least fourteen (14) days but not more than one year prior to
the event or activity.
ii. Reserved use of picnic facilities requires payment of applicable fees and
deposits as adopted by the City Council. Reservations and associated fees
and deposits apply to all groups of thirty (30) or more.
iii. Each reservation is subject to the approval of the City on a first come, first
serve basis.
iv. If the proposed use could create traffic and/or safety concerns, the City
reserves the right to require that the user, at its sole expense, obtain
security through the Los Angeles County Sheriff's Department.
5. Rules & Regulations
a. General
All park users must comply with all provisions of the Diamond Bar Municipal Code.
b. Payments
All picnic rentals must be paid in full at the time of reservation.
c. Cancellation Policy
i. Picnic reservations cancelled 7 days or more prior to the event will receive a
refund of fees minus 50%.
ii. Picnic reservations cancelled 6 days or less prior to the event will receive no
refund of rental fees and a full refund of cleaning deposit and insurance fees if
any were paid.
iii. The City of Diamond Bar may cancel the use of park facilities for cause or
convenience.
d. Insurance Requirements
Any reservation with 50 or more in attendance must comply with City insurance
requirements. Permitted users of City Facilities must agree to indemnify and hold the City
harmless, and must provide evidence of appropriate insurance to back up the indemnity
agreement. User must sign and submit a completed City-provided indemnification form at
least 14 days prior to the scheduled use of facilities (Exhibit XX).
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Exhibit C
User must provide evidence of the required insurance coverage. User shall maintain
commercial general liability insurance with coverage at least as broad as Insurance
Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
The policy must include contractual liability that has not been amended. Any endorsement
restricting standard ISO “insured contract” language will not be accepted. The City, its
officers, officials, agents, and employees shall be included as additional insureds on the
policy. Policies must include a provision requiring a thirty (30) day written cancellation
notice to the City. The City reserves the right to require additional insurance requirements
as determined to be appropriate for the requested use. Proof of insurance must be
submitted to the Parks & Recreation Department and City Clerk at least 14 days prior to
the first scheduled use of facilities.
Special event insurance is available to occasional and one-time users through the City
and can be purchased by the participating group. Please contact the Parks & Recreation
Department at 909-839-7070 for information.
e. Animals
Diamond Bar Municipal Code section 12.00.260 specially prohibits animals in parks
(except leashed dogs and cats, and horses on equestrian trails) unless permitted by the
Parks & Recreation Director. Permits will be considered when animal is provided by an
insured business and the following conditions are met:
i. Animal must remain under the control of the business animal handler at all times
ii. Business must provide one million dollars ($1,000,000) in liability/property
damage insurance listing the City of Diamond Bar as an additional insured, per
this policy.
iii. If approved, an animal deposit in the amount established in the City Council-
approved fee schedule shall be required.
f. Inclement Weather/Health & Safety
The City reserves the right to cancel or suspend Facility Use Permits when inclement
weather or other conditions threaten the health and safety of participants and/or may result
in damage City Facilities. Such conditions may include, but are not limited to rain, mud,
standing water, lightning, earthquakes, and general maintenance issues. The Public
Works Department, Maintenance Division is authorized to close any City Facilities deemed
to be unsafe or unplayable. The decision of the Park & Recreation Director or designee is
final. City staff will contact permit holders to notify them of any closures.
g. Maintenance
The City is responsible for general maintenance of City Facilities. Users should
immediately report any hazards, damage, or acts of vandalism to the Parks & Recreation
Department (909-839-7070) or Public Works Department (909-839-7060), in emergency
or after-hours situations, the Los Angeles County Sheriff's Department (909-595-2264). It
is the policy of the City of Diamond Bar to prosecute to the fullest extent possible any
individual committing willful acts of vandalism or damage to City Facilities.
h. Motorized Vehicles
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Exhibit C
Motorized vehicles are not permitted on parks, fields, or courts without written
authorization of the City as a condition of a Facility Use Permit. Special requests for
motorized vehicle use shall be made in writing and submitted for consideration with the
Picnic Application for each allocation period.
i. Overnight Use of City Parks
Overnight use of City parks is available only to Diamond Bar-based non-profit
organizations and requires written authorization of the City. Diamond Bar-based non-profit
organizations may request overnight use by submitting a written request to the Parks &
Recreation Department a minimum of fifteen (15) days prior to the proposed use. If the
request is approved, it is the responsibility of the requesting organization to:
i.Maintain appropriate adult chaperones.
ii.Notify the Sheriff's Department of an overnight campout.
iii.Request Sheriff patrols during the campout.
iv.Meet all required insurance requirements.
j. Public Address Systems/Sound Amplification
No person or group shall use any public address system and/or sound amplification
equipment at any City Facility without first submitting a written request a minimum of ten
business days prior to the proposed use and receiving subsequent written approval from
the Parks & Recreation Director or designee.
The use of the public address system must not unreasonably interfere or disturb
surrounding residences, nor shall the use of the public address system detract from or
interfere with the general public's use and enjoyment of the park. The direction of the
public address system's speakers must be directed toward activity spectators and away
from the surrounding residential areas. Public address system use is permitted only
between the hours of 10:00am and 9:00pm daily.
In addition to the provisions in this policy, any use of public address systems and/or sound
amplification equipment is subject to the provisions of Title 8 of the Diamond Bar Municipal
Code. Failure to comply with the above requirements will result in immediate
disconnection of the public address system and may result in forfeiture of Facility Use
Permit.
k. Sale & Consumption of Alcoholic Beverages
Generally, alcoholic beverages are not allowed in City parks per Diamond Bar Municipal
Code Section 12.00.280. For sale and consumption of alcoholic beverages at specific
standalone special events, the following policy/procedure applies:
• Special event operator must submit a completed Application for Sale and
Consumption of Alcoholic Beverages at City of Diamond Bar Facilities (Exhibit XX).
A completed application must be received by the City a minimum of 60 days prior
to the proposed event.
• The applicant/organization must to obtain the appropriate license from the
California Alcoholic Beverage Control Board (ABC) and comply with all license and
operating requirements of the ABC and federal, state and local laws.
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Exhibit C
• The sale and/or consumption of alcoholic beverages must be limited to the
premises where the special event is to be held and to the participants in the event
who may consume such beverages.
• The authorization to sell alcoholic beverages must not conflict with the contractual
rights of City concessionaires.
• The special event must be one in which the participants will not engage in
swimming, boating or the operation of motorized vehicles or equipment or other
similar activities as determined by the City.
• The event must be monitored (on-site, during the event) by one or more employees
of the City or other persons approved by the City. Permittee is required to
reimburse the City for the cost of that assignment.
• At the discretion of the City and local law enforcement, law enforcement or private
security personnel may be required to provide security at the event. All required
law enforcement or private security personnel shall be provided at the sole cost of
the applicant.
• In addition to all standard insurance and indemnification requirements of users
listed above, the City may require special liquor liability insurance.
• Applicant is subject to all applicable deposits per the City Council-adopted fee
schedule.
l. Traffic & Parking
Participants, spectators, coaches and others must comply with all parking regulations. No
parking is allowed outside marked parking areas unless authorized in writing by the City.
Large events or tournaments may require additional traffic control plans per the City’s
public safety officials.
m. Turf/Field Preservation
Users are expected to cooperate with the City to preserve playing surfaces at City
Facilities by following these guidelines:
• Do not use turf areas that are wet or muddy.
• Rotate play between different sections of turf to reduce excessive turf wear in a
single area.
• Divots must be replaced at the end of each use to help reestablish loose turf.
• Avoid placing tarps or other coverings on turf playing surfaces.
• Soccer and football practices are not allowed on dirt infield areas of
baseball/softball diamonds.
n. Water Activities
Water activities, including, but not limited to dunk tanks and water slides, are not allowed
at City facilities
o. Fires
No fires of any kind, including campfires, liquid fluids or charcoal fires are allowed except
in barbecues provided.
10. VARIANCES
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Exhibit C
An applicant may request a variance from one or more of the rules set forth in this policy
in the event that unusual circumstances make it impossible or infeasible to conduct the
event within the precise parameters of this policy.
a. Variance Request Process
i.Variances must be requested in writing to the Parks & Recreation Director. The
request must set forth the unusual circumstances that justify a deviation from the
ordinary rules. The decision of the Parks & Recreation Director is final.
ii.Variances will be granted only upon a finding that
• The circumstances presented are unusual and not likely to recur often;
• The granting of the variance will not set a precedent;
• The variance will not be detrimental to public health, safety or welfare, or
disruptive to other events occurring in the facility at the same time, or to the
immediately surrounding neighborhood.
iii.In the event a variance is granted, the applicant will pay any supplemental fee
necessary to compensate the City for additional costs associated with the
variance.
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Exhibit D
CITY OF DIAMOND BAR
PARKS AND RECREATION DEPARTMENT
Fee Schedule 2017-18
REF # SERVICE CURRENT
FEE RECOMMENDED FEE CHANGE IN
DOLLARS $
CHANGE IN
PERCENT %
ATHLETIC FIELD RENTAL FEES & DEPOSITS
PRF 1
Athletic Field
Group B, C, D
$0.00 Per Hour $0.00 Per Hour $0.00 0.00%
PRF 2
Athletic Field - Lighting
Group B, C, D
$0.00 Per Hour $0.00 Per Hour $0.00 0.00%
PRF 3
Athletic Field
Group E
$5.00 Per Hour $10.00 Per Hour $5.00 100.00%
PRF 4
Athletic Field – Lighting
(additional fee)
Group E
$12.00 Per Hour $12.00 Per Hour $0.00 0.00%
PRF 5
Athletic Field
Group F
$10.00 Per Hour $25.00 Per Hour $15.00 150.00%
PRF 6
Athletic Field – Lighting
(additional fee)
Group F
$25.00 Per Hour $25.00 Per Hour $0.00 0.00%
PRF 7
Athletic Field – Lighting Left
On
Group B, C, D
$250.00 Per Day $250.00 Per Day $0.00 0.00%
PRF 8
Athletic Field Lighting Deposit
Group B, C, D
$50-$100 Per
Group
$250 (2 Warnings Before
Deduction)
$150.00 150.00%
PRF 9
(NEW)
Athletic Field Use Cleaning
Deposit
Group E, F 0-100 Participants
$0.00 Per Day $100.00 $100.00 N/A
PRF 10
(NEW)
Athletic Field Use Cleaning
Deposit
Groups E, F 101-200 Participants
$0.00 Per Day $200.00 $200.00 N/A
PRF 11
(NEW)
Athletic Field Use Cleaning
Deposit
Group E, F 201+ Participants
$0.00 Per Day $300.00 $300.00 N/A
PRF 12 Concession Stand Deposit $100 per group $100 $0.00 0.00%
HERITAGE PARK RENTAL FEES & DEPOSITS
PRHP 1
Heritage Park Community
Room
Group C
$50.00 Per Hour $55.00 Per Hour $5.00 10.00%
PRHP 2
Heritage Park Community
Room
Group D
$60.00 Per Hour $65.00 Per Hour $5.00 8.33%
PRHP 3
Heritage Park Community
Room
Group E
$80.00 Per Hour $90.00 Per Hour $10.00 12.50%
PRHP 4 Cancellation more than 60 days
in advance
$100-$200 Per
Event
50% of fees paid at signing -$150.00 N/A
PRHP 5 Cancellation 59 days or less in
advance
No Refund No Refund N/A N/A
PRHP 6 Cleaning Deposit $200 Per Event $200 Per Event $0.00 0.00%
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Exhibit D
PANTERA PARK RENTAL FEES & DEPOSITS
PRPP 1
Pantera Park Activity Room
Group C
$25.00 Per Hour $25.00 Per Hour $0.00 0.00%
PRPP 2
Pantera Park Activity Room
Group D
$35.00 Per Hour $35.00 Per Hour $0.00 0.00%
PRPP 3
Pantera Park Activity Room
Group E
$47.00 Per Hour $47.00 Per Hour $0.00 0.00%
PRPP 4
Cancellation 60 or more days in
advance
$100-$200 Per
Event
50% of fees paid at signing -$150.00 N/A
PRPP 5 Cancellation 59 days or less in
advance
No Refund No Refund N/A N/A
PRPP 6 Cleaning Deposit $100.00 Per
Event
$100.00 Per Event $0.00 0.00%
PARK PICNIC RENTAL FEES & DEPOSITS
PRPIC 1
Park/Picnic Area Rental
Application
Group C, D
$25.00 Per Day $50.00 Per Day $25.00 100.00%
PRPIC 2
Park/Picnic Area Rental
Application
Group E
$50.00 Per Day $100.00 Per Day $50.00 100.00%
PRPIC 3
Park/Picnic Cancellation 7 or
days in advance
$5.00 Per Event 50% of fees paid at signing N/A N/A
PRPIC 4
Park/Picnic Cancellation 6 days
or less in advance
$5.00 Per Event No Refund N/A N/A
PRPIC 5
(NEW)
Park/Picnic Use Cleaning
Deposit
Groups C, D, E 0-100
Participants
$50.00 Per Day $100.00 $50.00 100%
PRPIC 6
(NEW)
Park/Picnic Use Cleaning
Deposit
Groups C, D, E 101-200
Participants
$200.00 Per Day $200.00 $0.00 0.00%
PRPIC 7
(NEW)
Park/Picnic Use Cleaning
Deposit
Groups C, D, E 201+ Participants
$200.00 Per Day $300.00 $100.00 50%
DIAMOND BAR CENTER RENTAL FEES & DEPOSITS
PRDBC 1
DBC – Grand View Ballroom,
Weekday
Group C
$110.00 Per
Hour
$125.00 Per Hour $15.00 13.64%
PRDBC 2
DBC – Grand View Ballroom,
Weekday
Group D
$165.00 Per
Hour
$185.00 Per Hour $20.00 12.12%
PRDBC 3
DBC – Grand View Ballroom,
Weekday
Group E
$220.00 Per
Hour
$250.00 Per Hour $30.00 13.64%
PRDBC 4
(NEW)
DBC – Grand View Ballroom,
Weekend (Friday and
Saturday)
Group C, D, E
$1,320-$3,520
Per Hour for 6
Hour Minimum
$3,960.00 Per Hour for 6
Hour Minimum
$440.00 12.50%
PRDBC 5
DBC – Grand View Ballroom,
Sunday
Group C
$1,320 Per Hour
for 6 Hour
Minimum
$1,485.00 Per Hour for 6
Hour Minimum
$165.00 12.50%
PRDBC 6
DBC – Grand View Ballroom,
Sunday
Group D
$2,640 Per Hour
for 6 Hour
Minimum
$2,970.00 Per Hour for 6
Hour Minimum
$330.00 12.50%
PRDBC 7
DBC – Grand View Ballroom,
Sunday
Group E
$3,520 Per Hour
for 6 Hour
Minimum
$3,960.00 Per Hour for 6
Hour Minimum
$440.00 12.50%
1.d
Packet Pg. 51
Exhibit D
PRDBC 8
(NEW)
DBC – Grand View Ballroom,
Weekend (Friday & Saturday)
> 6 Hours
Group C, D, E
$110-$330 Per
Hour over 6
Hour Minimum
$370.00 Per Hour over 6
Hour Minimum Reservation
$40.00 12.12%
PRDBC 9
DBC – Grand View Ballroom,
Sunday > 6 Hours
Group C
$110 Per Hour
over 6 Hour
Minimum
$125.00 Per Hour over 6
Hour Minimum
$15.00 13.64%
PRDBC 10
DBC – Grand View Ballroom,
Sunday, > 6 Hours
Group D
$220 Per Hour
over 6 Hour
Minimum
$250 Per Hour over 6 Hour
Minimum
$30.00 13.64%
PRDBC 11
DBC – Grand View Ballroom,
Sunday, > 6 Hours
Group E
$330 Per Hour
over 6 Hour
Minimum
$370 Per Hour over 6 Hour
Minimum
$40.00 12.12%
PRDBC 12
DBC – Grand View Ballroom,
2/3 Weekday
Group C
$75 Per Hour $85.00 Per Hour $10.00 13.33%
PRDBC 13
DBC – Grand View Ballroom,
2/3 Weekday
Group D
$110 Per Hour $125.00 Per Hour $15.00 13.64%
PRDBC 14
DBC – Grand View Ballroom,
2/3 Weekday
Group E
$150 Per Hour $170.00 Per Hour $20.00 13.33%
PRDBC 15
(NEW)
DBC – Grand View Ballroom,
2/3 Weekend (Friday &
Saturday)
Group C, D, E
$880-$2,695 for
6 Hour
Minimum
$3,030.00 for 6 Hour
Minimum
$335.00 12.43%
PRDBC 16
DBC – Grand View Ballroom,
2/3 Sunday
Group C
$880 for 6 Hour
Minimum
$990.00 for 6 Hour
Minimum
$110.00 12.50%
PRDBC 17
DBC – Grand View Ballroom,
2/3 Sunday
Group D
$1,980 for 6
Hour Minimum
$2,230.00 for 6 Hour
Minimum
$250.00 12.63%
PRDBC 18
DBC – Grand View Ballroom,
2/3 Sunday
Group E
$2,695 for 6
Hour Minimum
$3,030.00 for 6 Hour
Minimum
$335.00 12.43%
PRDBC 19
(NEW)
DBC – Grand View Ballroom,
2/3 Weekend (Friday and
Saturday) > 6 Hours
Group C, D, E
$82.5-$220 Per
Hour Over 6
Hour Minimum
$250.00 Per Hour Over 6
Hour Minimum
$30.00 13.64%
PRDBC 20
DBC – Grand View Ballroom,
2/3 Sunday, > 6 Hours
Group C
$82.5 Per Hour
Over 6 Hour
Minimum
$95.00 Per Hour Over 6
Hour Minimum
$12.50 15.15%
PRDBC 21
DBC – Grand View Ballroom,
2/3 Sunday, > 6 Hours
Group D
$165 Per Hour
Over 6 Hour
Minimum
$185.00 Per Hour Over 6
Hour Minimum
$20.00 12.12%
PRDBC 22
DBC – Grand View Ballroom,
2/3 Sunday, > 6 Hours
Group E
$220 Per Hour
Over 6 Hour
Minimum
$250.00 Per Hour Over 6
Hour Minimum
$30.00 13.64%
PRDBC 23
DBC – Grand View Ballroom,
1/3 Weekday
Group C
$50 Per Hour $55.00 Per Hour $5.00 10.00%
PRDBC 24
DBC – Grand View Ballroom,
1/3 Weekday
Group D
$55 Per Hour $60.00 Per Hour $5.00 9.09%
PRDBC 25
DBC – Grand View Ballroom,
1/3 Weekday
Group E
$73 Per Hour $80.00 Per Hour $7.00 9.59%
PRDBC 26
DBC – Grand View Ballroom,
1/5 Weekday
Group C
$30 Per Hour $35.00 Per Hour $5.00 16.67%
1.d
Packet Pg. 52
Exhibit D
PRDBC 27
DBC – Grand View Ballroom,
1/5 Weekday
Group D
$35 Per Hour $40.00 Per Hour $5.00 14.29%
PRDBC 28
DBC – Grand View Ballroom,
1/5 Weekday
Group E
$47 Per Hour $55.00 Per Hour $8.00 17.02%
PRDBC 29
DBC – Pine Room, Weekday
Group C
$50 Per Hour $55.00 Per Hour $5.00 10.00%
PRDBC 30
DBC – Pine Room, Weekday
Group D
$55 Per Hour $60.00 Per Hour $5.00 9.09%
PRDBC 31
DBC – Pine Room, Weekday
Group E
$73 Per Hour $80.00 Per Hour $7.00 9.59%
PRDBC 32
DBC – Pine Room, Weekend
Group C
$100 Per Hour $115.00 Per Hour $15.00 15.00%
PRDBC 33
DBC – Pine Room, Weekend
Group D
$110 Per Hour $125.00 Per Hour $15.00 13.64%
PRDBC 34
DBC – Pine Room, Weekend
Group E
$146 Per Hour $165.00 Per Hour $19.00 13.01%
PRDBC 35
DBC – Sycamore Room
(w/Patio), Weekday
Group C
$50 Per Hour $55.00 Per Hour $5.00 10.00%
PRDBC 36
DBC – Sycamore Room
(w/Patio), Weekday
Group D
$55 Per Hour $60.00 Per Hour $5.00 9.09%
PRDBC 37
DBC – Sycamore Room
(w/Patio), Weekday
Group E
$73 Per Hour $80.00 Per Hour $7.00 9.59%
PRDBC 38
DBC – Sycamore Room
(w/Patio), Weekend
Group C
$100 Per Hour $115.00 Per Hour $15.00 15.00%
PRDBC 39
DBC – Sycamore Room
(w/Patio), Weekend
Group D
$110 Per Hour $125.00 Per Hour $15.00 13.64%
PRDBC 40
DBC – Sycamore Room
(w/Patio), Weekend
Group E
$146 Per Hour $165.00 Per Hour $19.00 13.01%
PRDBC 41
DBC – Oak Room, Weekday
Group C
$50 Per Hour $55.00 Per Hour $5.00 10.00%
PRDBC 42
DBC – Oak Room, Weekday
Group D
$55 Per Hour $60.00 Per Hour $5.00 9.09%
PRDBC 43
DBC – Oak Room, Weekday
Group E
$73 Per Hour $80.00 Per Hour $7.00 9.59%
PRDBC 44
DBC – Oak Room, Weekend
Group C
$100 Per Hour $115.00 Per Hour $15.00 15.00%
PRDBC 45
DBC – Oak Room, Weekend
Group D
$110 Per Hour $125.00 Per Hour $15.00 13.64%
PRDBC 46
DBC – Oak Room, Weekend
Group E
$146 Per Hour $165.00 Per Hour $19.00 13.01%
PRDBC 47
DBC –Maple Room, Weekday
Group C
$27.50 Per Hour $30.00 Per Hour $2.50 9.09%
PRDBC 48
DBC –Maple Room, Weekday
Group D
$30 Per Hour $35.00 Per Hour $5.00 16.67%
PRDBC 49
DBC –Maple Room, Weekday
Group E
$40 Per Hour $45.00 Per Hour $5.00 12.50%
PRDBC 50
DBC –Maple Room, Weekend
Group C
$55 Per Hour $60.00 Per Hour $5.00 9.09%
PRDBC 51
DBC –Maple Room, Weekend
Group D
$60 Per Hour $70.00 Per Hour $10.00 16.67%
PRDBC 52
DBC –Maple Room, Weekend
Group E
$80 Per Hour $90.00 Per Hour $10.00 12.50%
1.d
Packet Pg. 53
Exhibit D
PRDBC 53
DBC – Catering Kitchen,
Weekday
Group C, D, E
$40-73 Per Event $100 Per Event $45.00 81.82%
PRDBC 54
DBC – Reception/Party
Package,
Option A
$400 Per Event $500 Per Event $100.00 25.00%
PRDBC 55
DBC – Reception/Party
Package,
Option B
$300 Per Event $400 Per Event $100.00 33.33%
PRDBC 56
(NEW)
DBC – Reception/Party
Package,
Option C
$350 Per Event $350.00 0.00%
PRDBC 57 DBC – Business Mtg. Package,
Option A $250 Per Event $200 Per Event -$50.00 -20.00%
PRDBC 58 DBC – Business Mtg. Package,
Option B $200 Per Event $100 Per Event -$100.00 -100.00%
PRDBC 59 DBC – Outdoor Usage Fee $300 Per Event $350 Per Event $50.00 16.67%
PRDBC 60
(NEW)
DBC -- Staff Fee (Per Hour, Per
Staff Member)
$25 Per Hour, Per Staff
Member
$25.00 N/A
PRDBC 61
(NEW)
DBC -- Staff Clean Up Fee (Per
Hour, Per Staff Member)
$50 Per Hour, Per Staff
Member
$50.00 N/A
PRDBC 62
Cleaning Deposit Maple, Pine,
Oak, Sycamore, 1/3, 1/5 GVB
$100 Per Event $100 Per Event $0.00 0.00%
PRDBC 63 Cleaning Deposit 2/3 GVB $350 Per Event $500 Per Event $150.00 42.86%
PRDBC 64 Cleaning Deposit Entire GVB $500 Per Event $750 Per Event $250.00 50.00%
PRDBC 65 Alcohol Deposit $500 Per Event $500 Per Event $0.00 0.00%
PRDBC 66
Cancellation Fee - Grand View
Ballroom, Weekend & Sunday -
180 days or more prior to event
$100 Per Event 50% of All Reservation
Fees Due at Signing
N/A N/A
PRDBC 67
Cancellation Fee - Grand View
Ballroom, Weekend & Sunday -
60-179 days prior to event
$500 Per Event 75% of All Reservation
Fees Due at Signing
N/A N/A
PRDBC 68
Cancellation Fee - Grand View
Ballroom, Weekend & Sunday -
59 days or less prior to event
$100 Per Event No Refund N/A N/A
PRDBC 69
Cancellation Fee - Grand View
Ballroom, Weekday - 60 days or
more prior to event
$100 Per Event 50% of All Reservation
Fees Due at Signing
N/A N/A
PRDBC 70
Cancellation Fee - Grand View
Ballroom, Weekday - 59 days or
less prior to event
50% Per Event No Refund N/A N/A
PRDBC 71
Cancellation Fee - All Maple,
Pine, Sycamore, Oak Room
Rentals - 60 days or more prior
to event
$10 Per Event 50% of All Reservation
Fees Due at Signing
$15.00 150.00%
PRDBC 72
Cancellation Fee - All Maple,
Pine, Sycamore, Oak Room
Rentals - 59 days or less prior
to event
$100 Per Event No Refund N/A N/A
PRDBC 73
Date Change Fee (180 days or
more prior to event – one per
reservation)
$0 Per Event $100 Per Event $250.00 N/A
1.d
Packet Pg. 54
Exhibit D
PARTICIPATION FEES
PRR 1
For Parks & Recreation
participation fees, which include,
but are not limited to elective
activities such as athletics,
excursions, and special events,
activities, and programs, the City
Manager shall have the authority
to set fees to recover up to the full
direct costs of the specific
activity, program, or event. Direct
costs include those related to City
personnel, supplies, services,
admissions, transportation, etc.
Using the above as a guideline, in
those cases where the fee to be
charged is nominal (e.g. $10), the
City Manager may determine not
to require a fee for the elective
activity if the City Manager
determines the administrative
burden in collecting the fee
outweighs the benefit of the
revenue to be derived from
collecting the fee.
Varies N/A N/A N/A
PRR 2 Activity Cancellation Fee $5.00 Per
Activity
$15.00 Per Activity $10.00 200.00%
PRR 3 Contract Class Admin. Fee $7.00 Per Class $10.00 Per Class $3.00 42.85%
PRR 4 Non-Resident Fee (NEW) $5 Per Participant $5.00 N/A
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018. The CPI will
be calculated using the March to March rates of the federal Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in Los Angeles/Orange Counties.
1.d
Packet Pg. 55
Agenda #: 6.1
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF CITY COUNCIL MINUTES:
RECOMMENDATION:
Approve.
PREPARED BY:
Attachments:
1. 6.1.a Regular Meeting Minutes of December 5, 2017.
6.1
Packet Pg. 56
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 5, 2017
CLOSED SESSION: 5:30 p.m., Room CC-8
Public Comments: None
City of Diamond Bar v. Oversight Board of the Successor Agency to the Industry
Urban-Development Agency, et al, Sacramento Superior Court Case No. 34-
2017-80002718.
City of Diamond Bar v. City of Industry, et al, Los Angeles Superior Court Case
No. BS171295
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:33 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/Fox stated that during tonight’s Closed Session the Council was provided with an
update on the two lawsuits that have been filed regarding the City of Industry and the
Tres Hermanos property. No reportable actions were taken.
PLEDGE OF ALLEGIANCE: Councilmember Lyons led the Pledge of Allegiance.
INVOCATION: Pastor Randy Lanthripe, Church in the Valley
provided the invocation.
ROLL CALL: Council Members Herrera, C/Lyons, Tye, and Mayor
Pro Tem Low and Mayor Lin
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works
Director; Greg Gubman, Community Development Director; Anthony Santos, Assistant
to the City Manager; Marsha Roa, Public Information Manager; Amy Haug, Human
Resources/Risk Manager, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
M/Lin announced Council reorganization and thanked the City Council for their support
during his tenure as Mayor.
REORGANIZATION OF CITY COUNCIL:
SELECTION OF MAYOR – M/Lin called for nominations for Mayor. C/Tye
nominated Councilmember Ruth Low. Councilmember Herrera seconded the
nomination. There being no other nominations off ered, Motion carried by the
following Roll Call vote:
6.1.a
Packet Pg. 57
DECEMBER 5, 2017 PAGE 2 CITY COUNCIL
C/Herrera Yes
C/Lyons Yes
C/Tye Yes
C/Low Yes
C/Lin Yes
SELECTION OF MAYOR PRO-TEM – M/Low called for nominations for Mayor
Pro Tem. Councilmember Lyons nominated Councilmember Carol Herrera to
serve as Mayor Pro Tem. Councilmember Lin seconded. There being no other
nominations offered, Motion carried by the following Roll Call vote:
C/Herrera Yes
C/Lyons Yes
C/Tye Yes
C/Lin Yes
M/Low Yes
Presentations to Outgoing Mayor Lin by M/Low and Councilmembers
RECESS/RECEPTION: M/Low recessed the City Council meeting at 6:45 p.m.
RECONVENE: M/Low reconvened the City Council meeting at 7:01 p.m.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox reported that on Friday the City hosted its first Holiday Flick at Sycamore
Canyon Park. Despite the cool weather, about 250 attendees gathered to enjoy
the activities. Children were able to participate in a variety of activity including
Face Painting, Holiday Crafts, Animal Balloons and Crazy Whoville Hair Styling,
as well as photo opportunities with the Grinch! Families were served savory and
sweet crepes throughout the evening from the Crepes Bonaparte food truck. The
featured movie was Dr. Seuss’s How the Grinch Stole Christmas, 2000 version
with Jim Carrey. Thank you to everyone who came out to make this very first
event successful.
CM/Fox gave an update on the Sycamore Canyon Trail Repair project. The City
Council approved a design contract in October for the slope repair. The design
work is underway and staff is working with FEMA on the geotechnical
requirements and scope of work to fix the project as well as, securing funding.
Staff hopes to have the design completed in January and be able to go out to bid
about March and complete the project May/June of 2018 to get the trail back
open to the public.
6.1.a
Packet Pg. 58
DECEMBER 5, 2017 PAGE 3 CITY COUNCIL
CM/Fox provided an update on the Grand Avenue westbound ramp closure
reminding everyone that Grand Avenue westbound onramp to the SR57/60
continues to be closed through February 2018 and the westbound off ramp is
limited to right turns toward the City of Industry and Walnut. Staff hopes that
everyone has successfully found their new routes. Public Works staff has been
actively making adjustments to the traffic signals in response to the new traffic
patterns as a result of this closure. The City appreciates everyone’s patience
during this next phase of construction and encourages everyone to drive slow
and be safe.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, congratulated M/Low and
announced that on Saturday, December 9 at 3:00 p.m. come to the library to
meet Jay Vincent, an award winning television, film and commercial composer
including the popular TV Series Lego Ninjago. On Wednesday, December 13 at
4:00 p.m. celebrate the Holiday Season with magician Tony Daniels , sponsored
by the Diamond Bar Friends of the Library. For further information on these and
other events, check out the library website at colapublib.org/libs/diamondbar/
Allen Wilson congratulated M/Low and MPT/Herrera. Mr. Wilson appreciates the
in-progress GPAC meetings being open to the public. It is a very transparent
process seeking a lot of public input and appreciates the GPAC “adopting”
Alternative 1. He stated that he received the Diamond Bar Connection and
Winter Recreation Guide this weekend and was interested to learn that the City is
considering a November, 2018 ballot measure to increase the hotel Transient
Occupancy Tax (TOT). He believes that the City has a very healthy budget and
no fiscal crisis and therefore does not understand why the City would want to
increase the hotel tax for visitors.
4. RESPONSE TO PUBLIC COMMENTS:
CM/Fox responding to Mr. Wilson that Council provided direction to staff to look
at the feasibility of a ballot measure that would increase the City’s TOT
(Transient Occupancy Tax) from its current rate of 10 percent to a potential as
high as 14 percent. Again, the TOT is a surcharge that is added to hotel guests
that stay in the City of Diamond Bar and it is not uncommon for cities to have
such a tax and over the years Diamond Bar has seen the TOT increasing in
various cities throughout the region. Part of the increase would be to narrow the
gap and maintain market relevance and the additional revenue helps provide for
continued public safety and street maintenance. As Council is aware, the City
has a pretty good budget but costs continue to increase. As the City contracts
with the LA Sheriff’s, costs continue to go up each year in order to maintain the
same services that the City currently provides. No decision has been made to
date. Council and staff continue to work on this item with sufficient time to decide
whether or not to propose a ballot initiative for November 2018. If such initiative
were passed, it would help secure the healthy future financial situation for the
6.1.a
Packet Pg. 59
DECEMBER 5, 2017 PAGE 4 CITY COUNCIL
City and should the Council consider placing it on the ballot for November 2018,
it would be subject to a vote of the people.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Diamond Ride – November 24, 2017 through January 2, 2018 –
Free shuttle services to and from Diamond Bar Shopping Centers for ages
18 year and older.
5.2 Planning Commission Meeting – December 12, 2017 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive (canceled).
5.3 Traffic and Transportation Commission – December 14, 2017 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive (canceled).
5.4 City Council Meeting – December 19, 2017 – AQMD/Government Center
Auditorium, 21865 Copley Drive.
5.5 Christmas Holiday – December 25 and 26, 2017 – City Offices closed in
observance of the Christmas Holiday beginning Monday, December 25
through Tuesday, December 26, 2017. City Offices reopen Wednesday,
December 27, 2017 at 7:30 a.m.
5.6 New Year’s Holiday – January 1, 2018 – City Offices closed Monday,
January 1, 2018 in observance of New Year’s Da y. City Offices reopen
Tuesday, January 2, 2018 at 7:30 a.m.
6. CONSENT CALENDAR: C/Lin moved, C/Lyons seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES:
6.1a Regular Meeting of November 21, 2017 – as presented.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MEETING MINUTES:
6.2a Regular Meeting of September 28, 2017, 2017.
6.2b Regular Meeting of October 26, 2017.
6.3 RATIFIED CHECK REGISTER DATED November 22, 2017 through
6.1.a
Packet Pg. 60
DECEMBER 5, 2017 PAGE 5 CITY COUNCIL
November 30, 2017 totaling $852,664.58.
6.4 APPROVED TREASURER’S STATEMENT FOR OCTOBER 2017.
6.5 APPROVED NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL
INFRASTRUCTURE UPGRADES – PHASE II PROJECT.
6.6 APPROVED NOTICE OF COMPLETION FOR THE LONGVIEW PARK
SOUTH IMPROVEMENTS PROJECT.
6.7 APPROVED ADJOURNING THE JANUARY 2, 2018 CITY COUNCIL
MEETING TO JANUARY 16, 2018.
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
RECESS: M/Low recessed the City Council meeting to the Public Financing
Authority at 7:20 p.m.
RECONVENE: M/Low reconvened the City Council meeting at 7:20 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons thanked staff for all of the events and workshops during the past two
weeks. There was an Appreciation Luncheon for First Responders, Grand
Reopening of Longview Park South, a GPAC (General Plan Advisory Meeting),
the Family Winter Movie Night and a Government in Action Worksho p. All of
these events require a great deal of time and effort by staff which were enjoyed
by many facets of Diamond Bar. She thanked outgoing Mayor Lin for his
excellent service to Diamond Bar who did a really good job. She looks forward to
the leadership of Mayor Low and knows that she too, will serve with distinction.
Before the Council meets again Hanukkah will have started and for those of the
Jewish faith, Happy Hanukkah to you and goodnight to all.
MPT/Herrera thanked outgoing Mayor Lin for his year of service to the City and
the great job he did attending meetings and events throughout the City. He did a
very good job for the City and the City is grateful to him. She congratulated new
Mayor Low who MPT/Herrera knows will do a super job. MPT/Herrera said she
is there to help M/Low with whatever she wants done. She wished M/Low a
Happy Birthday yesterday and wished her husband Art Happy Birthda y today.
MPT/Herrera would like to see the City do a little more regarding Holiday and
Christmas decorations throughout the City.
C/Tye congratulated the Civics class from Diamond Bar High School. It was a
big pleasure for him to be a part of the Government/Youth in Action on Saturday
which he thought enjoyed a very good turnout for the first such event. Senator
6.1.a
Packet Pg. 61
DECEMBER 5, 2017 PAGE 6 CITY COUNCIL
Newman shared his time on a Saturday afternoon as did M/Low and C/Lyons to
answer questions and provide insight into why people run for off ice and what
motivates them to do so. Two weeks from tonight he hopes that everyone will
take advantage of the Walnut Valley Symphony Orchestra and Master Chorale.
For those who had a chance to participate in the Diamond Bar Foundation Gala,
they had a chance to hear the Diamond Bar Orchestra and for the most part, they
are the Walnut Valley Symphony Orchestra. There will be a chance to hear them
again on Tuesday, December 19. Doors open at 6:30 p.m. and the concert
begins about 7:30 p.m. For questions or tickets and group discounts call 909-
907-4237. The symphony is a registered 501(c)(3) non-profit organization so the
cost of the tickets is tax deductible.
C/Lin thanked his colleagues for their kind words regarding his service to the
City. It was a very worthwhile experience for him. The young folks in the
audience tonight have witnessed a very peaceful transition of power in local
government. This Diamond Bar Council works together as a solid group and
takes turns as Mayor of the City to experience leadership of this City. The City
should be very proud that they have a very cooperative and very productive City
Council working on their behalf and is very proud of that fact. MPT/Herrera felt
there should be more Holiday decorations at City Hall and around town.
Unfortunately, there is no budget. This year it might be difficult to raise enough
funds and a while ago C/Lin promised to be a fundraising chairperson for next
year to raise money to decorate City Hall and other street areas. For those who
are interested in donating be sure to contact him.
M/Low said it was likely the Council would ask fundraising chairperson Lin to go
big on the decorations. It is an honor to sit at the dais with former mayors and
she has learned a lot in the past two years observing former Mayors Lyon and
Lin and of course watching former Mayors Tye and Herrera on TV. She thanked
her colleagues for their confidence and support and said she looked forward to
another year of working together and serving the City of Diamon d Bar. Last
Saturday the City held its first Youth in Government program and is very grateful
to Councilmembers Lyons, Tye and State Senator Newman for their participation.
A shout out to Assistant to the City Manager, Anthony Santos, Management
Analyst Dannette Allen and Sr. Management Analyst Alfa Lopez for their work in
creating, organizing and executing that fun event which was very well received.
It is that time of year for shopping and she reminded whether one is shopping
online or at the mall or at the store, please exercise common sense when it
comes to your personal safety, stay in well lighted areas and be aware of your
surroundings – don’t leave your packages in your car in plain sight, don’t leave
them on your porch and just be aware. If you see something suspicious, please
report it immediately and be safe. To our Jewish friends and neighbors, Happy
Hanukkah to you and your families. Thank you to all and good night.
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DECEMBER 5, 2017 PAGE 7 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 7:29 p.m.
_____________________________________
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2017.
RUTH M. LOW , MAYOR
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Agenda #: 6.2
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PLANNING COMMISSION MEETING MINUTES:
RECOMMENDATION:
Receive and file.
PREPARED BY:
Attachments:
1. 6.2.a Regular Meeting of October 24, 2017.
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Agenda #: 6.3
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED DECEMBER 1, 2017
THROUGH DECEMBER 14, 2017 TOTALING $1,632,843.87.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $1,632,843.87.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
DISCUSSION:
The attached check register containing checks dated December 1, 2017 through
December 14, 2017 for $1,632,843.87 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 app ropriate 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. 6.3.a Check Register Affidavit 12-19-17
2. 6.3.b Check Register 12-19-17
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Agenda #: 6.4
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT FOR NOVEMBER 2017
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact.
BACKGROUND:
Per City policy, the Finance Departmen t presents the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City’s Investment Policy.
PREPARED BY:
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Attachments:
1. 6.4.a Nov 2017 Treasurer's Report
2. 6.4.b Nov 2017 Investment Portfolio
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Agenda #: 6.5
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) FOR
INSPECTION SERVICES FOR TRACT MAP NO. 53430, COMMONLY
REFERRED TO AS THE MILLENNIUM DEVELOPMENT.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and Authorize the Mayor to Sign, the Second Amendment to Consultant
Services Agreement with David Evans and Associates, Inc. (DEA), in the Amount of
$226,800; Plus a Contingency Amount of $25,000 to be Approved by the City Manager,
for a Total Fiscal Year Authorization not-to-exceed $315,500.
FINANCIAL IMPACT:
Approval of the Second Amendment will increase the total authorization contract
amount for DEA by $226,800 plus a contingency amount of $25,000 for a total fiscal
year authorization amount not to exceed $315,500. To date, the current fiscal year
authorization is $63,700 which includes $13,700 for the Lemon Ave. Interchange
Construction Project Landscape Architectural Services and $50,000 for on-call
engineering services.
The approved Fiscal Year 2017-2018 Public Works Operating Budget provides for on-
call inspection services. The cost for development-related inspection services is entirely
funded through developer fees. The funds requested for this contract amendment and
contingency in the amount of $251,800 will be paid for by Millennium Diamond Road
Partners, the Developer of Tract 53430.
BACKGROUND/DISCUSSION:
The Millennium Development is located at the terminus of Alamo Heights Drive within
the gated community of The Country Estates (Attachment 2). The development will
subdivide 80 acres into 48 single family residential lots and two (2) lettered lots which
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will be owned and maintained by the new homeowners association (HOA) including but
not limited to landscape, emergency ingress/egress access, sewer and storm drain
facility purposes.
In preparation of construction for the Millennium Development, including grading, storm
drain, sewer and street improvements, inspection services have been requested from
DEA. As part of the existing contract for on -call civil engineering services, DEA has
been actively involved in the Millennium Development as the primary civil engine ering
plan checking firm (previously Hall & Foreman, Inc.) for the last 13 years. Staff believes
DEA’s complete knowledge of the development will be crucial with ensuring qualified
inspection services in a timely and responsive manner. DEA’s inspection h istory
includes the residential developments of Willow Heights and Southpointe within
Diamond Bar.
Staff recommends approval of the contract amendment to DEA for inspection services
related to the Millennium Development in the amount of $226,800 plus a contingency
amount of $25,000. Fees will be collected for each phase of the work as permits are
released to Millennium to pay for each task identified in the proposal submitted by DEA.
PREPARED BY:
Attachments:
1. 6.5.a Second Amendment-DEA Agreement
2. 6.5.b Vicinity Map
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973895.1
SECOND AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement (“Second Amendment”)
is made and entered into as of December 19, 2017, by and between the City of Diamond
Bar, a municipal corporation (“City”), and David Evans and Associates, Inc., (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 October 7, 2014, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Services, Exhibit “A” to the Original
Agreement, is hereby amended, modified and supplemented to include the services
described on Exhibit “A” attached hereto and incorporated herein by this reference.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from October 7, 2014 to October 18, 2017. The First Amendment extended the Term up to
and including October 18, 2018.
4. Compensation. City agrees to compensate Consultant for each service which
consultant performs to the satisfaction of City in compliance with the schedule set forth or as
referenced in Exhibit “A”.
5. Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This Second Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall remain
in full force and effect. To the extent that there is any conflict or inconsistency between the
terms and provisions of this Second Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this Second Amendment shall control.
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IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first
above written.
“CONSULTANT” “CITY”
David Evans and Associates, Inc. CITY OF DIAMOND BAR
By: By:
Printed Name: Ruth M. Low, Mayor
Title:
By:_______________________________ ATTEST:
Printed Name:______________________
Title:______________________________
Tommye A. Cribbins, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
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Agenda #: 6.6
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWER
AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS JOINT POWERS AUTHORITY.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approving the Fourth Amended and Restated Joint Exercise of Power Agreement with
the San Gabriel Valley Council of Governments Joint Powers Authority.
FINANCIAL IMPACT:
There is no anticipated fiscal impact of this action. The SGVCOG has not proposed any
increase in dues as a result of this change in authority and scope.
BACKGROUND:
The City of Diamond Bar is a member of the San Gabriel Valley Council of
Governments (SGVCOG), which serves as a unified voice representing the cities in the
San Gabriel Valley on County, regional and statewide level. SGVCOG-led efforts
include significant capital improvement projects, legislative advocacy, and regional
programming.
The Alameda Corridor-East Construction Authority (ACE) was created by the San
Gabriel Valley Council of Governments in 1998 as a subsidiary of SGVCOG, with a
narrow mission to address the traffic congestion caused by the expansion of freight rail
traffic from the Ports of Los Angeles and Long Beach. For the past 18 years, ACE has
successfully secured more than $1.6 billion to construct grade separations to facilitate
freight railroad movement through the southern portion of the San Gabriel Valley. ACE
has a proven track record of successful project management in Diamond Bar, including
the Brea Canyon Road Grade Separation Project and the Lemon Avenue Interchange
Project.
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DISCUSSION AND ANALYSIS:
As part of its Strategic Planning process in early 2016, SGVCOG Governing Board
identified the need to conduct an assessment about the future of ACE and the role of
the SGVCOG in planning, funding, and constructing large capital projects. The expertise
and excellent reputation of the ACE organization presented an opportunity to address
an expanded and new scope of projects. After extensive discussion and review, the
SGVCOG Governing Board approved the full integration of Alameda Corridor East
Construction Authority (ACE) into the SGVCOG to accomplish the following objectives:
Restructure ACE so it will be an ongoing operation as a division of SGVCOG,
and not expire at the end of its mission (currently estimated during FY 2022-23).
Expand the jurisdiction of ACE as a construction and projects entity that can
serve all of the San Gabriel Valley.
Restructure the ACE Board so that it has representation from the entire San
Gabriel Valley and revise its role so it is no longer a separate Board with
management control over ACE but instead will be a standing committee.
Integrate SGVCOG and ACE staff under a single system reporting to the
SGVCOG Executive Director.
The first step in the SGVCOG and ACE integration process is the revision of the
SGVCOG Joint Powers Authority (JPA) and bylaws. Any revision of the JPA requires
the approval of the governing bodies of a majority of the member agencies. The
SGVCOG Governing Board approved the revised JPA on October 19, 2017 , which
included the following amendments:
Expanded the jurisdiction of SGVCOG’s construction scope to include projects
anywhere in the San Gabriel Valley;
Modified all references to the ACE Construction Authority to instead reference
Capital Projects and Construction Committee (Committee); and
Removed all details regarding the operations and authority of the Committee,
with all of that information being moved to the SGVCOG bylaws.
Based on the professional capabilities of the SGVCOG and ACE, it is recommended
that the City Council approve the Fourth Amended and Restated Joint Exercise of
Power Agreement with the San Gabriel Valley Council of Governments Joint Powers
Authority.
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.6.a RESOLUTION NO. 2017-XX, APPROVING THE FOURTH AMENDMENT
TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT
POWERS AGREEMENT
2. 6.6.b Exhibit 1 to Resolution - Fourth Amended and Restated Joint Exercise of
Powers Agreement
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1 City Council
Resolution 2017-
RESOLUTION NO. 2017-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
APPROVING THE FOURTH AMENDED AND RESTATED JOINT EXERCISE
OF POWER AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS (A JOINT POWERS AUTHORITY)
WHEREAS, the San Gabriel Valley Council of Governments (the “Council”)
is a Joint Powers Authority, which was established pursuant to Chapter 5 of
Division 7, Title 1 of the Government Code of the State of California (Sections
6500, et seq.);
WHEREAS, the City of Diamond Bar is one of the member agencies of the
Council;
WHEREAS, the Council is currently governed by the Third Amended and
Restated Joint Exercise of Powers Agreement, effective March 12, 2007, which
was entered into, and modified from time to time, by its public entity members (the
“Agreement”);
WHEREAS, the City Council desires to approve modifications to the
Agreement, as adopted by the Council of Government’s Governing Board, in order
to revise the structure of the Council and extend the role of the Council in
developing and constructing projects in the San Gabriel Valley, and to restructure
and integrate the Alameda Corridor East Construction Authority (“ACE
Construction Authority”), as well as to clarify member tort liability and
indemnification obligations of member agencies under the Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The City Council adopts, ratifies, and approves the
modifications to the Agreement, namely the Fourth Amended and Restated Joint
Exercise of Powers Agreement, approved by the Governing Board of the Council
on October 19, 2017, relating to the extension of the Council of Government’s role
in developing and constructing projects throughout the San Gabriel Valley, to
establish the Capital Projects and Construction Committee, and to clarify the
agreement regarding tort liability and indemnification of member agencies, which
Amendment is attached hereto as Exhibit 1 and incorporated herein by reference;
Section 2. The City Council expressly states its intent that the City not be
responsible for the debts, liabilities and obligations of the Council to the maximum
extent permitted by law, and that each member agency shall indemnify other
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2 City Council
Resolution 2017-
member agencies to the extent of any agency liability, as specified in the revisions
adopted and ratified hereby; and
Section 3. This Resolution shall take effect immediately upon its
adoption. The City Clerk of the City of Diamond Bar is directed to send a certified
copy of this resolution to the Secretary of the San Gabriel Valley Council of
Governments upon adoption.
PASSED AND ADOPTED by the City Council of the City of Diamond Bar in
the County of Los Angeles, State of California, on the 19th day of December, 2017.
City of Diamond Bar
Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2017-XX was duly and regularly passed
and adopted by the City Council of the City of Diamond Bar, California, at its
adjourned regular meeting held on the 19 th day of December, 2017, by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
Exhibit 1 – Fourth Amended and Restated Joint Exercise of Powers Agreement.
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IRV #4833-9006-7457 v5
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A JOINT POWERS AUTHORITY
FOURTH AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
EFFECTIVE _________________
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TABLE OF CONTENTS
Page No.
Section 1. Recitals. ........................................................................................................1
Section 2. Creation of Separate Legal Entity ................................................................2
Section 3. Name. .........................................................................................................2
Section 4. Purpose and Powers of the Council. ............................................................2
a. Purpose of Council .......................................................................................2
b. Common Powers ..........................................................................................2
c. Exercise of Powers .......................................................................................4
Section 5. Creation of Governing Board.......................................................................4
a. Designation of Governing Board Representatives .......................................4
b. Designation of Alternate Governing Board Representatives .......................4
c. Eligibility .....................................................................................................5
Section 6. Use of Public Funds and Property ...............................................................5
Section 7. Functioning of Governing Board. ................................................................5
a. Voting and Participation ..............................................................................5
b. Proxy Voting ................................................................................................5
c. Quorum ........................................................................................................5
d. Committees ..................................................................................................5
e. Actions .........................................................................................................6
Section 8. Duties of the Governing Board ....................................................................6
Section 9. Roberts Rules of Order ................................................................................6
Section 10. Meetings of Governing Board .....................................................................6
Section 11. Election of President and Vice-President ....................................................6
Section 12. Executive Director .......................................................................................6
Section 13. Designation of Treasurer and Auditor .........................................................7
Section 14. Council Treasurer.........................................................................................7
Section 15. Designation of Other Officers and Employees ............................................7
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Section 16. Obligations of Council .................................................................................7
Section 17. Control and Investment of Council Funds ...................................................7
Section 18. Implementation Agreements ........................................................................7
Section 19. Term .............................................................................................................8
Section 20. Application of Laws to Council Functions ..................................................8
Section 21. Members. .....................................................................................................8
a. Withdrawal ...................................................................................................8
b. Non-Payment of Dues ..................................................................................8
c. Admitting Eligible Members .......................................................................9
d. Admitting New Members ............................................................................9
Section 22. Interference With Function of Members......................................................9
Section 23. Dues of Members .........................................................................................9
Section 24. Disposition of Assets .................................................................................10
Section 25. Amendment ................................................................................................10
Section 26. Effective Date ............................................................................................10
Section 27. Capital Projects and Construction. .............................................................10
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FOURTH AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT OF THE “SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS”
(A JOINT POWERS AUTHORITY)
This Fourth Amended and Restated Joint Exercise of Powers Agreement (“Agreement”) is
made and entered into by and between the public entities (individually, “Member” and collectively,
“Members”) whose names are set forth on Exhibit A, attached hereto and incorporated herein by
this reference, pursuant to Section 6500, et seq. of the Government Code and other applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the following
facts:
a. Historically, the San Gabriel Valley Council of Governments, formerly known as the San
Gabriel Valley Association of Cities, an unincorporated association, played a valuable role in serving as a
forum for the exchange of ideas and information among its Member cities; however, the growing need for
the cities in the San Gabriel Valley to develop and implement their own subregional policies and plans and
voluntarily and cooperatively resolve differences among themselves required a more representative and
formal structure;
b. There is further a growing need for the cities in the San Gabriel Valley to involve the
unincorporated areas of Los Angeles County (the “County”) and other public agencies located in the San
Gabriel Valley in the development and implementation of subregional policies, plans, and projects, and in
the voluntary and cooperative resolution of differences between the cities, public agencies and the
unincorporated areas.
c. The public interest requires a joint powers agency to conduct studies and projects designed
to improve and coordinate the common governmental responsibilities and services on an area-wide and
subregional basis through the establishment of a council of governments;
d. The public interest requires that an agency explore areas of inter-governmental
cooperation and coordination of government programs and provide recommendations and solutions to
problems of common and general concern to its Members;
e. The public interest requires that an agency with the aforementioned goals not possess the
authority to compel any of its Members to conduct any activities or implement any plans or strategies that
they do not wish to undertake (except for the payment of dues);
f. Each Member is a public agency as defined by Section 6500 of the Government Code;
g. Each Member, by and through its legislative body, has determined that a subregional
organization in the San Gabriel Valley is required in furtherance of the public interest, necessity and
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convenience to assist in planning, voluntary coordination and implementing projects among the cities,
unincorporated areas and other public agencies; and
h. Each Member, by and through its legislative body, has independently determined that the
public interest, convenience and necessity requires the execution of this Agreement by and on behalf of each
such Member.
i. This Fourth Amended and Restated Joint Exercise of Powers Agreement of the San
Gabriel Valley Council of Governments is intended to supersede and replace the Third Amended and
Restated Joint Exercise of Powers Agreement dated March 12, 2007, as amended by Amendment One,
effective on May 9, 2008.
Section 2. Creation of Separate Legal Entity. It is the intention of the Members to create,
by means of this Agreement, a separate legal entity within the meaning of Section 6503.5 of the
Government Code. Accordingly, there is hereby created a separate legal entity which shall
exercise its powers in accordance with the provisions of this Agreement and applicable law.
Section 3. Name. The name of the said separate legal entity shall be the San Gabriel
Valley Council of Governments (“Council”).
Section 4. Purpose and Powers of the Council.
a. Purpose of Council. The purpose of the creation of the Council is to provide a vehicle for
the Members to voluntarily engage in regional and cooperative planning and coordination of government
services and responsibilities to assist the Members in the conduct of their affairs, including the ability to
design and construct public works projects to benefit the region or individual Members. It is the clear intent
among Members that the Council shall not possess the authority to compel any of its Members to conduct
any activities or implement any plans or strategies that they do not wish to undertake (except for the payment
of dues). The goal and intent of the Council is one of voluntary cooperation among Members for the
collective benefit of cities, other public agencies and unincorporated areas in the San Gabriel Valley.
b. Common Powers. The Council shall have, and may exercise, the following powers:
(1) Serve as an advocate in representing the Members of the Council at
the regional, state and federal levels on issues of importance to the
San Gabriel Valley;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of public policies and plans with regional
significance;
(3) Assemble information helpful in the consideration of problems
peculiar to the Members;
(4) Utilize Member resources or presently existing single purpose
public and public/private groups to carry out its programs and
projects;
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(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action in the interest of local public
welfare and improving the administration of governmental services;
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities, other public agencies, and unincorporated
areas in the San Gabriel Valley as they work toward achieving
planning goals;
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional
issues;
(8) Serve as a mechanism for obtaining state, federal and regional grants
to assist in financing the expenditures of the Council;
(9) Make and enter into contracts, including contracts for the services
of engineers, consultants, planners, attorneys, contractors, and
single purpose public/private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or grants under any
federal, state, or regional programs;
(12) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms,
corporations and any governmental entity;
(13) Lease, manage, maintain, and operate any buildings, works, or
improvements;
(14) Delegate some or all of its powers to the Executive Director as
hereinafter provided; and
(15) To make and enter into contracts for the services of engineers,
consultants, planners, and single purpose public or private groups,
including contracts for design, materials and public works
construction contracts, on behalf of and in the name of the Council;
(16) To acquire, by purchase or eminent domain, construct, reconstruct,
rehabilitate, maintain in whole or in part, dispose of in whole or part
on behalf of and in the name of the Council, land, facilities and
appurtenances necessary or convenient for the completion of the
public works construction projects approved by the Governing
Board of the Council;
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(17) To provide for or obtain insurance for the Council and its Members,
and their agents, officers, and employees and contract for risk
management services;
(18) Borrow money, incur indebtedness and/or issue bonds pursuant to
the Constitution of the State of California and any of the laws of the
State of California and to exercise any implied power necessary to
exercise the express powers provided for in this subparagraph 15,
provided, however, that any borrowing hereunder shall be for the
purpose of financing construction projects approved by the
Governing Board and shall be repaid solely from funds pledged or
otherwise designated for such projects. Borrowings authorized
hereunder shall be in the name of the Council and shall be subject to
Section 16 of this Agreement.
c. Exercise of Powers. The Council shall, in addition, have all implied powers necessary to
perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable
law, this Agreement and the Bylaws. For the purposes of determining the restrictions to be imposed on the
Council in its manner of exercising its powers pursuant to Government Code section 6509, reference shall
be made to, and the Council shall observe, the restrictions imposed upon the City of West Covina, a general
law city.
Section 5. Creation of Governing Board. There is hereby created a Governing Board for
the Council (“Governing Board”) to conduct the affairs of the Council. The Governing Board
shall be constituted as follows:
a. Designation of Governing Board Representatives. Except with regard to the County, one
person, who is a resident of the San Gabriel Valley, shall be designated as a representative to the Governing
Board by the legislative body of each of the Members (“Governing Board Representative”). The County, in
its sole discretion but subject to the requirement that it shall pay dues and assume all obligations under this
Agreement in proportion to the number of its Representatives, shall have one, two or three Governing Board
Representatives. The Governing Board Representative(s) for the County shall reside in and/or represent one
of the First, Fourth or Fifth Supervisorial Districts and shall be selected by the respective County Supervisor.
No Member shall be entitled to “ex officio” non-voting representation on the Governing Board; however,
the Governing Board, at its sole discretion, may allow “ex officio” non-voting representation from public
entities that are not Members.
b. Designation of Alternate Governing Board Representatives. Except with regard to the
County, one person, who shall be a resident of the San Gabriel Valley, shall be designated as an alternate
representative to the Governing Board by the legislative body of each of the Members (“Alternate Governing
Board Representative”). The County shall have one, two or three Alternate Governing Board
Representatives, each acting as an alternate for only one of the First, Fourth and/or Fifth Supervisorial
Districts. The Alternate Governing Board Representative(s) for the County shall be selected by the respective
County Supervisor(s) for the First, Fourth or Fifth Supervisorial Districts and shall reside in and/or represent
that same Supervisorial District.
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c. Eligibility. No person shall be eligible to serve as a Governing Board Representative or
an Alternate Governing Board Representative unless that person is, at all times during the tenure of that
person as a Governing Board Representative or Alternate Governing Board Representative, either a member
of the legislative body of the appointing Members for city Members or an elected official of a public agency
for public agency Members, except that Governing Board Representatives and Alternate Governing Board
Representatives for the County do not have to be members of any legislative body but shall serve at the
pleasure of their respective County Supervisors. Should any person serving on the Governing Board fail to
maintain the status as required by this Section 5, that person’s position on the Governing Board shall be
deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5 and
the Member shall be entitled to appoint a qualified replacement.
Section 6. Use of Public Funds and Property. The Council shall be empowered to utilize
for its purposes, public and/or private funds, property and other resources received from the
Members and/or from other sources. Subject to the approval of the Governing Board of the
Council, the Members shall participate in the funding of the Council in such a manner as the
Governing Board shall prescribe, subject to the provisions of Section 23 of this Agreement. Where
applicable, the Governing Board of the Council may permit one or more of the Members to provide
in kind services, including the use of property, in lieu of devoting cash to the funding of the
Council’s activities.
Section 7. Functioning of Governing Board.
a. Voting and Participation. Each Member may cast only one vote for each issue before the
Governing Board through its representative except that each Governing Board Representative for the County
may cast one vote which shall be independent of and separate from the vote of any other Governing Board
Representative for the County. An Alternate Governing Board Representative may participate or vote in the
proceedings of the Governing Board only in the absence of the respective Governing Board Representative.
Governing Board Representatives and Alternate Governing Board Representatives seated on the Governing
Board shall be entitled to participate in and vote on matters pending before the Governing Board only if such
person is physically present at the meeting of the Governing Board and if the Member which that Governing
Board Representative or Alternate Governing Board Representative represents has timely and fully paid dues
as required by this Agreement and the Bylaws. Each Governing Board Representative (or the Alternate
Governing Board Representative) for the County who is physically present at the meeting of the Governing
Board shall be entitled to participate in and vote on matters pending before the Governing Board without
regard to the attendance or vote of any of the other Governing Board Representatives for the County if all
dues owed by the County for the Supervisorial District of said Governing Board Representative are timely
and fully paid as required by this Agreement and the Bylaws.
b. Proxy Voting. No absentee or proxy voting shall be permitted.
c. Quorum. A quorum of the Governing Board shall consist of not less than fifty percent
(50%) plus one (1) of its total voting membership.
d. Committees. As needed, the Governing Board may create permanent or ad hoc advisory
committees to give advice to the Governing Board on such matters as may be referred to such committees
by the Governing Board. All committees shall have a stated purpose before they are formed. Such a
committee shall remain in existence until it is dissolved by the Governing Board. Qualified persons shall be
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appointed to such committees by the pleasure of the Governing Board. Committees, unless otherwise
provided by law, this Agreement, the Bylaws or by direction of the Governing Board, may be composed of
representatives to the Governing Board and non-representatives to the Governing Board.
e. Actions. Actions taken by the Governing Board shall be by not less than fifty percent
(50%) plus one (1) of the voting Governing Board Representatives who are present with a quorum in
attendance, unless by a provision of applicable law, this Agreement, the Bylaws or by direction of the
Governing Board, a higher number of votes is required to carry a particular motion.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for all
purposes, the policy making body of the Council. All of the powers of the Council, except as may
be expressly delegated to others pursuant to the provisions of applicable law, this Agreement, the
Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing
Board.
Section 9. Robert’s Rules of Order. The substance of Robert’s Rules of Order shall apply
to proceedings of the Governing Board, except as may otherwise be provided by provisions of
applicable law, this Agreement, the Bylaws or by direction of the Governing Board.
Section 10. Meetings of Governing Board. The Governing Board shall, by means of the
adoption of Bylaws, establish the dates and times of regular meetings of the Governing Board.
The location of each such meeting shall be as directed by the Governing Board.
Section 11. Election of President and Vice-President. The President shall be the
chairperson of the Governing Board, shall conduct all meetings of the Governing Board and
perform such other duties and functions as required of such person by provisions of applicable
law, this Agreement, the Bylaws or by the direction of the Governing Board. The Vice-President
shall serve as President in the absence of the President and shall perform such duties as may be
required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the
Governing Board or the President. Additional officers of the Governing Board shall be as provided
in the Bylaws.
A Governing Board Representative shall be elected to the position of President of the
Governing Board, and a different Governing Board Representative shall be elected to the position
of Vice-President of the Governing Board at the first regular meeting of the Governing Board held
in May of each calendar year. The terms of office of the President and Vice-President shall
commence and expire on July 1.
If there is a vacancy, for any reason, in the position of President or Vice-President, the
officer in the next successive position shall fill that position for the remainder of the term, and
every successive officer below shall accordingly move up one position. Except as the Governing
Board by two thirds (2/3) vote may otherwise decide, the Governing Board shall forthwith conduct
an election to fill any remaining vacancy for the unexpired term of such prior incumbent, unless
the remaining term to be filled is three month or less.
Section 12. Executive Director. The Governing Board may appoint by a vote of fifty
percent (50%) plus one (1) of the total voting membership a qualified person to be Executive
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Director on any basis it desires including, but not limited to, a contract or employee basis. The
Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing
Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section
21 (c) of this Agreement). The Executive Director shall be the chief administrative officer of the
Council. The Executive Director shall serve at the pleasure of the Governing Board and may be
relieved from such position at any time, without cause, by a vote of fifty percent (50%) plus one
(1) of the total voting membership of the Governing Board taken at a regular, adjourned regular or
special meeting of the Governing Board. The Executive Director shall perform such duties as may
be imposed upon that person by provisions of applicable law, this Agreement, the Bylaws, or by
the direction of the Governing Board.
Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to act as the Treasurer for the Council
and a qualified person to act as the Auditor of the Council. If the Governing Board so designates,
and in accordance with provisions of applicable law, a qualified person may hold both the office
of Treasurer and the office of Auditor of the Council. The compensation, if any, of a person or
persons holding the offices of Treasurer and/or Auditor shall be set by the Governing Board.
Section 14. Council Treasurer. The person holding the position of Treasurer of the
Council shall have charge of the depositing and custody of all funds held by the Council. The
Treasurer shall perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505.5 of the Government Code, and such duties as
may be required by the Governing Board. The Council’s Auditor shall perform such functions as
may be required by provisions of applicable law, this Agreement, the Bylaws and by the direction
of the Governing Board.
Section 15. Designation of Other Officers and Employees. The Governing Board may
employ such other officers or employees as it deems appropriate and necessary to conduct the
affairs of the Council.
Section 16. Obligations of Council. The debts, liabilities and obligations of the Council
shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall
be responsible, directly or indirectly, for any obligation, debt or liability of the Council,
whatsoever, to the fullest extent allowed by law. No Member of the Council shall be responsible
for the debts or liabilities of any other Member solely by reason of Membership on the Council.
Implementation Agreements to provide for the design and/or construction of projects with
Members or other agencies (“Implementation Agreement”) shall provide for indemnification of
the individual Members of the Council who are not parties to the Contracts.
Section 17. Control and Investment of Council Funds. The Governing Board shall adopt
a policy for the control and investment of its funds and shall require strict compliance with such
policy. The policy shall comply, in all respects, with all provisions of applicable law.
Section 18. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the purpose of authorizing the
Council to implement, manage and administer area-wide and regional programs or projects in the
interest of the local public welfare. The costs incurred by the Council in implementing a program
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or projects, including indirect costs, shall be assessed only to those Members who are parties to
that Implementation Agreement. Such Implementation Agreements shall provide for appropriate
insurance and indemnification by the parties to the Agreement for whom the local project is being
designed and/or built to protect the Council and all of its Members who are not parties to the
Implementation Agreement.
Section 19. Term. The Council created pursuant to this Agreement shall continue in
existence until such time as this Agreement is terminated. This Agreement may not be terminated
except by an affirmative vote of not less than fifty percent (50%) plus one (1) of the then total
voting membership of the Governing Board.
Section 20. Application of Laws to Council Functions. The Council shall comply with all
applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown
Act. (Section 54950, et seq., of the Government Code.)
Section 21. Members.
a. Withdrawal. A Member may withdraw from the Council by filing its written notice of
withdrawal with the President of the Governing Board 60 days before the actual withdrawal. Such
withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60-day period. The withdrawal of
a Member shall not in any way discharge, impair or modify the voluntarily-assumed obligations for the
withdrawn Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall
not affect the remaining Members. Withdrawn Members shall not be entitled to any reimbursement of annual
dues paid. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the
Council. At a minimum, withdrawal from an Implementation Agreement shall not relieve the withdrawing
party from liability or obligations for any work undertaken pursuant to the Implementation Agreement
already completed, or partially completed. In addition to being entitled to completely withdraw from the
Council, the County may also partially withdraw and prospectively reduce its annual dues with a
corresponding reduction in its ability to participate in and vote on matters before the Governing Board by
filing a written notice of partial withdrawal with the President of the Governing Board 60 days before the
actual partial withdrawal. Such notice of partial withdrawal shall indicate which Supervisorial District(s)
shall remain active in the Council and which are being withdrawn and shall be effective at 12:00 o'clock a.m.
on the last day of that 60-day period. Partial withdrawal shall not change the rights and obligations of the
County under this Agreement except that the County shall no longer be able to participate in or vote on behalf
of the withdrawn Supervisorial District(s) on any matter before the Governing Board or Council committees.
b. Non-Payment of Dues. If a Member fails to pay dues within three months of its annual
dues assessment as required under Section 23 of this Agreement and the Bylaws, and after a 30-day written
notice is provided to that Member, the Member shall be deemed to be suspended from this Agreement and
the Council. When a Member is suspended, no representative of that Member shall participate or vote on
the Governing Board or any committee. Such a Member shall be readmitted only upon the payment of all
dues then owed by the Member, including dues incurred prior to the suspension and during the suspension.
In the case of the County, if the County fails to pay dues for one or more of its Supervisorial Districts within
three months of the County’s annual dues assessment as required under Section 23 of this Agreement and
the Bylaws, and after a 30-day written notice is provided to the County, no representative of the delinquent
Supervisorial District(s) shall participate or vote on the Governing Board. The delinquent Supervisorial
District(s) shall be able to resume participation and voting on the Governing Board only upon the payment
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of all dues then owed by the County on behalf of the delinquent Supervisorial District including dues incurred
prior to and during the period of non-payment by the County.
c. Admitting and Readmitting Eligible Members. Eligible public entities whose names are
set forth on Exhibit A to this Agreement (“Eligible Public Entities”) shall be admitted to the Council by:
adopting this Agreement by majority vote of the legislative body of the Eligible Public Entity; properly
signing this Agreement; and paying in full all dues owed for the then current fiscal year. Since the County
may be admitted to the Council with voting representatives from one, two or three Supervisorial Districts,
the dues to be paid by County will be based upon the number of Supervisorial Districts that will represent
the County in the Council. County, in its sole discretion, may be admitted to the Council with representation
from fewer than three Supervisorial Districts and may subsequently increase County’s representation by one
or more additional Supervisorial Districts contingent only on payment in full at the time that any additional
Supervisorial District commences representation of the County of all dues for the then current fiscal year for
said Supervisorial District. An Eligible Public Entity may be admitted regardless of whether it adopted and
signed this Agreement before or after the Effective Date (as defined in Section 26 of this Agreement). An
Eligible Public Entity that has withdrawn from the Council in accordance with Section 21 may be readmitted
to the Council by adopting this Agreement or any subsequent version of this Agreement by a majority vote
of the legislative body of the Eligible Public Entity; properly signing this Agreement or any subsequent
version of this Agreement and paying in full all dues owed for the current fiscal year and any fiscal years for
which the Eligible Public Entity had been withdrawn from the Council. No vote of the Governing Board
shall be required to admit or readmit an Eligible Public Entity. County may reactivate representation by any
withdrawn Supervisorial District (as defined in this Section 21) by paying in full all dues owed for the then
current fiscal year and any fiscal years for which the Supervisorial District has been withdrawn and no vote
of the Governing Board shall be required for said reactivation.
d. Admitting New Members. New Members who are not Eligible Public Entities may be
admitted to the Council upon an affirmative vote of not less than fifty percent (50%) plus one (1) of the total
voting membership of the Governing Board provided that such a proposed new Member is a city or public
entity whose jurisdiction, or part thereof, lies within and/or immediately adjacent to, the San Gabriel Valley.
Admission shall be subject to such terms and conditions as the Governing Board may deem appropriate.
Section 22. Interference with Function of Members. The Governing Board shall not take
any action which constitutes an interference with the exercise of lawful powers by a Member of
the Council.
Section 23. Dues of Members. The Members of the Council shall be responsible for the
payment to the Council, annually, of dues for each fiscal year in the amounts periodically budgeted
by the Governing Board, as and for the operating costs of the Council as provided in the Bylaws.
The dues of any non-city and non-County Members of the Council shall be no more than the
maximum dues assessed to any of the city Members of the Council. An annual dues assessment
will be issued to all Members in July of each calendar year except that the annual dues assessment
for the County will be issued in July of each calendar year for those Supervisorial Districts whose
representation of the County began in the first six months of a Council fiscal year and in January
of the following calendar year for those whose representation of the County began in the last six
months of a Council fiscal year. Further, the annual dues assessment will also be issued each
January for any new Members, including Eligible Public Entities and other entities, who have
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become Members of the Council for the first time and whose membership commenced in the last
six months of a Council fiscal year.
Section 24. Disposition of Assets. Upon termination of this Agreement, after the payment
of all obligations of the Council, and subject to any grant funding restrictions or other funding
agreements, any assets remaining shall be distributed to the Members in proportion to the then
obligation of those Members’ obligation to participate in the funding of the Council as provided
in Section 23 hereof.
Section 25. Amendment. This Agreement may be amended at any time with the consent
of fifty percent (50%) plus one (1) of all of the legislative bodies of the then parties hereto.
Section 26. Effective Date. The effective date (“Effective Date”) of this Amended and
Restated Agreement shall be the first date on which fifty percent (50%) plus one (1) of the Eligible
Public Entities, whose names are set forth in Exhibit A, adopt this Agreement by a majority vote
of the legislative body of each Eligible Public Entity and sign this Agreement.
Section 27. Capital Projects and Construction.
a. The Council shall have the authority to plan, review, design, manage, oversee, monitor
and/or construct projects throughout the San Gabriel Valley as authorized in Section 4 of this Agreement. In
addition, the Council may contract with other public agencies within or outside of the San Gabriel Valley to
perform these functions outside of the San Gabriel Valley. Such projects will be determined by the
Governing Board. The management and implementation of these projects will be the ultimate responsibility
of the Executive Director.
b. The Governing Board of the Council previously formed the Alameda Corridor – East,
Gateway to America Construction Authority (the “ACE Construction Authority”) to implement a Project
known as the Alameda Corridor – East, Gateway to America Project (the “Project”), which was expected to
be of limited scope and duration. All responsibilities of the construction authority previously known as
Alameda Corridor – East, Gateway to America Construction Authority shall continue to be the
responsibilities of the Council. The ACE Project shall continue to completion and the Council will continue
to use the name ACE in connection with its capital projects until such time as the Governing Board takes
action to change identification of the Council’s construction activities.
c. The Governing Board shall be advised regarding capital project and construction activities
by a Standing Policy Committee established pursuant to the Council By-Laws. Such capital project and
construction policy committee shall have a membership comprised of Council Governing Board members
selected to represent the Council as provided in the By-Laws.
d. Implementation Agreements between the Council and any of its Members or other
agencies shall provide for the agency or entity which will accept the project upon completion to properly
approve the plans and specifications for any such project designed by Council employees, agents or
contractors in order to ensure that all defenses and immunities available to public entities are fully preserved.
Insurance shall be purchased for any such project.
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That the Members of this Joint Powers Agreement have caused this Fourth Amended and
Restated Agreement to be executed on their behalf, respectively, as follows:
PUBLIC AGENCY
Supervisor/Mayor/Chairperson
ATTEST
Clerk
DATE _____________________________________
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EXHIBIT A
Eligible Public Entities
Alhambra
Arcadia Monrovia
Azusa Montebello
Baldwin Park Monterey Park
Bradbury Pasadena
Claremont Pomona
County of Los Angeles Rosemead
Covina San Dimas
Diamond Bar
Duarte
El Monte
Glendora
Industry
Irwindale
La Canada-Flintridge
La Puente
La Verne
San Gabriel
San Gabriel Valley Water
Districts Joint Powers
Authority
Sierra Madre
South El Monte
South Pasadena
Temple City
Walnut
West Covina
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Agenda #: 6.7
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH NICHOLS
CONSULTING ENGINEERS (NCE) FOR THE CITY OF DIAMOND BAR
PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Consultant Services Agreement with
Nichols Consulting Engineers (NCE) in the Amount of $52,037, Plus a Contingency
Amount of $2,963 to be Approved by the City Manager, for a Total Authorization
Amount of $55,000.
FINANCIAL IMPACT:
The Fiscal Year 2017-2018 Public Works Operating Budget has a total balance of
$140,000 for contract engineering services with $55,000 allocated for the PMS update.
BACKGROUND:
Since 1990, the City has been managing its pavement assets using a pavement
management system (PMS). This system provides the tools to plan and schedule
pavement maintenance and rehabilitation based on existing conditions and engineering
analysis. The system was implemented by creating an inventory using historical
construction data for all arterial and residential roadways in Diamond Bar. The roadway
inventory was then assessed in the field and a Pavement C ondition Index (PCI) was
assigned to each roadway segment. The PCI is a numerical index between 0 and 100,
with 100 representing the best possible pavement condition and 0 representing the
worst possible pavement condition. The PCI is a critical factor used to develop the
schedule for when roadways would need to be resurfaced or reconstructed.
Historically, Hauler Fees, General Funds, Gas Tax, Measure R Funds, and Proposition
C Funds have been the primary funding sources to maintain and rehabilitate the City
streets. As such, local jurisdictions are required (by LA County Metro) to have
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comprehensive pavement data collected and updated once every two years for
arterials and collector streets and once every three years for residential streets. Staff
has been utilizing the Diamond Bar Pavement Management System (PMS) to comply
with this requirement as well as help to maintain the integrity of our City streets.
In January 2016, the last PMS final report was updated by NCE and the 143 centerline
miles roadway network was re-assessed. From the City’s continuous investment in
maintenance of the roadways, the average PCI achieved was 82 for the arterial network
and 76 for the residential and collector network which are considered “good” conditions
as shown by Figure 1 below.
Figure 1
DISCUSSION:
On October 16, 2017, the City issued a Request for Proposals (RFP) for professional
engineering services to analyze the City’s entire network of maintained streets, both
arterials and residential roads, and prepare an update to the City's Pavement
Management System. The PMS also provides a valuable tool that assists the Public
Works Department in finding cost effective strategies for providing, evaluating, and
maintaining asphalt pavements in a serviceable condition. A PMS consists of two basic
components. The first component is a comprehensive database, which contains
current and historical information on pavement conditions, pavement structures, and
traffic on all City streets. The second component is a set of tools that allows us to
determine existing and future pavem ent conditions, and predict financial needs. This
information is stored for each pavement section in the PMS. The information will also
be integrated with the City’s GIS system for staff’s use. NCE will use mobile data
collection equipment to evaluate the pavement surface. This consists of modified
vehicles with GPS-enabled detection equipment that drive the streets and record
pavement surface data.
The City currently uses the MicroPAVER program for the existing PMS inventory and
associated updates. NCE will assist the City in conducting a comprehensive analysis of
MicroPAVER, StreetSaver, or any other recommended software to ensure that the
software in use is the most effective for the City’s intended purpose . NCE will provide
City staff with training if new software is chosen. Additionally, NCE will perform a
budget needs analysis and assist the City in creating a multi-year rehabilitation
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program.
The City invited four (4) consulting firms to submit proposals and received a proposal
from one (1) firm: Nichols Consulting Engineers (NCE) on November 6, 2017. Staff
consulted with the City Attorney regarding the sole proposal who determined that it was
acceptable to consider as long as the proposal meets all the City requirements.
An evaluation committee consisting of three (3) staff members met to review and
evaluate the proposal using the following criteria:
• Staff Qualifications
• Approach/Methodology
• Level of Effort (Staffing commitment and time allocation)
• Ability to meet City’s schedule and expectations
• Relevant References (Record of performance)
Given the evaluation criteria above, and based on NCE’s qualifications, their
understanding of the scope of work, technical expertise, and their relevant experience,
staff is confident that NCE will meet the requirements of the project scope and
schedule. Additionally, NCE prepared the City’s 2016 PMS Update and they are very
familiar with the strategies and budget constraints that the City considers when
preparing the annual budget for pavement rehabilitation projects. Tentatively, the project
is expected to be completed in March/April of 2018.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.7.a CONSULTING SERVICES AGREEMENT_12.19.2017 (NCE)
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1 of 10 Professional Services - Design
CONSULTING SERVICES AGREEMENT
Diamond Bar Pavement Management System (PMS) Update
THIS AGREEMENT (the "Agreement") is made as of December 19, 2017 by and
between the City of Diamond Bar, a municipal corporation ("City") and Nichols
Consulting Engineers, Chtd. (NCE), a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the services of updating the City’s
Pavement Management System (PMS) for the entire roadway network set forth in the
attached Exhibit "A", including optional services which is incorporated herein by this
reference. As a material inducement to the City to enter into this Agreement,
Consultant represents and warrants that it ha s thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Consultant
represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Fabian Aoun, Assistant Engineer (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Consultant will report for the performance
of services hereunder. It is understood that Consultant shall coordinate its services
hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect December 19,
2017, and shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant t o this
Agreement shall not exceed Fifty two thousand and thirty seven dollars ($52,037)
without the prior written consent of the City. The above not to exceed amount shall
include all costs, including, but not limited to, all clerical, administrative, ove rhead,
telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
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C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt, but may withhold 5% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time , if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by re ason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
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requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work conte mplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, pure economic damage, expense, cost (including without
limitation reasonable attorneys' fees, expert fees and all other costs an d fees of
litigation) of every nature to the extent caused by the Consultant’s negligence or willful
misconduct in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation to the apportioned
extend caused by negligence or willf ul misconduct. The Consultant shall promptly pay
any final judgment rendered against the Indemnitees. Except for the Indemnitees, this
Agreement shall not be construed to extend to any third party indemnification rights of
any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
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(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, prop erty
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
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endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, t o satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of su brogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's cov enant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
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13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agree ment. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal busines s hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving wr itten
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Reserved.
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17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national or igin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Reserved.
19. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work or as may otherwise be agreed to by and
between the Project Manager and the Consultant.
20. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
21. Reserved.
22. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of t ime in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
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23. Assignment. Consultant shall not assign or transfer any interest in t his
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and o f no
effect.
24. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
25. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
26. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
27. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof , which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
28. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
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“CONSULTANT” “CITY”
Nichols Consulting Engineers, Chtd. City of Diamond Bar
9550 Warner Avenue #232 21810 Copley Drive
Fountain Valley, CA 92708 Diamond Bar, CA 91765-4178
Attn.: Charlene Palmer Attn.: David G. Liu, Public Works Director/
City Engineer
Phone: 714-848-8897 Phone: 909-839-7040
E-Mail: cpalmer@ncenet.com E-mail: dliu@diamondbarca.gov
29. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
30. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
31. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
Nichols Consulting Engineers, Chtd. (NCE) CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Ruth M. Low, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Tommye A. Cribbins, City Clerk
Approved as to form:
By:____
David A. DeBerry, City Attorney
6.7.a
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City of Diamond Bar Update of PMS
Request for Proposal
Page | 5
Scope of Work
Based on the above understanding, the following tasks describe in more detail the approach that the NCE team will
pursue, and the Scope of Work that we propose to perform to meet the City’s needs and objectives for this project as
outlined below.
Task 1 ‐ Project Initiation/Meet With City Staff
NCE will meet with City staff to kick‐off the project by reviewing the technical approach and any administrative
matters that may be necessary. At a minimum, items to be discussed will include:
Scope of work and schedule
PMS software assessment
Field work
o Scheduling and access requirements
o Public safety concerns
o Quality Control Plan (QCP)
Available files
o Previous PAVER™ database
o GIS shapefiles
o Available maps and other relevant data
Maintenance practices, history and costs
Paving budgets
Other issues as appropriate
Prior to the kick‐off meeting, NCE will prepare a detailed agenda. Examples of the questions we anticipate discussing
include:
New streets that need to be added
Functional classifications, e.g., do they match Federal Highway Administration (FHWA) classifications?
Four additional meetings will be held at appropriate milestones in addition to two City Council meetings. Monthly
written status reports will be sent to the City that discuss the work that has been completed and the work remaining.
NCE will meet with City staff during Task 6 to discuss M&R Strategies. NCE will meet with staff again during Task 8 for
the final report delivery and to discuss Council presentations.
NCE will prepare and present the results of this pavement management update to the City Council. This may be a
short (15 to 20 minutes) informational item, or could be a longer (1‐2 hours) educational/advocacy workshop,
depending on the City’s needs. NCE has recently completed similar presentations to the Cities of Carson, San Gabriel,
Commerce and West Covina.
Part of NCE’s value to the City is the information that we can bring and share from other agencies, and the results
based on tight budgetary constraints. We can also share the perspective of our work in the California Statewide
Needs Assessment study, which included an assessment of all 539 cities and counties.
Deliverables:
Meeting agenda and technical memorandum summarizing kick‐off meeting
Monthly Status reports
Powerpoint slides
Presentation at City Council
Exhibit "A"6.7.a
Packet Pg. 137
City of Diamond Bar Update of PMS
Request for Proposal
Page | 6
Council Presentations
NCE will make presentations to the City Council if desired. This may be a short (15 to 20 minutes) informational item,
or could be a longer (1‐2 hours) educational/advocacy workshop, depending on the City’s needs. NCE has recently
completed similar presentations to the Cities of San Marino, Thousand Oaks and Carson as well as well as the Board
of Supervisors in Amador, Ventura, Santa Cruz and Humboldt Counties.
NCE’s value to the City is the information that we can provide from other agencies, and the results of tight
budgetary constraints. We can also share the perspective of our work from the California Statewide Needs
Assessment study, which included an assessment of all 540 cities and counties.
This task includes one meeting with City staff prior to the presentation to discuss items such as the goal of the
presentation, the level of knowledge and backgrounds of the audience, the number of stakeholders involved and
other potential issues.
Deliverable:
PowerPoint presentation
Task 2 – PMS Software Assessment
NCE will assist the City in performing a software needs
assessment. We have previously conducted this assessment
with other cities such as Santa Monica, Carson, Anaheim,
Thousand Oaks, Burbank and Manhattan Beach. There are
more than 20 different software programs readily available,
and the typical criteria we will use in this assessment
include:
Cost of software and future upgrades (costs varies
dependent upon selected software)
Ease of operation
Security and access issues
Technical support availability – online, phone, or on‐site
Training meetings for city staff
Inventory data collected, e.g., geometric, surface types, functional classifications, cul‐de‐sacs, geographical or
political boundaries, digital images or files associated with street
Condition data collected, e.g., pavement distress, IRI, drainage, etc.
Integration with other transportation assets, e.g., sidewalks, curbs and gutters, storm drains, signs, etc.
Maintenance and rehabilitation (M&R) strategies including sustainable pavement policies
Historical data, e.g., construction, M&R, condition data
Pavement performance curves – are they appropriate for Redondo Beach?
Remaining service life
Funding analyses – different funding scenarios (“what if” analyses), committed projects, packaging projects,
zone type analysis
Other data needs, e.g., pavement structural sections, traffic
Linkage to GIS maps and ability to create exhibits for presentations and City Council
Ability to create custom reports/export to other programs
Typically, there is no one perfect software program that will meet all the City’s needs. However, through a process
where the different criteria are weighted, NCE will assist the City in making tradeoff decisions and arrive at a
software program that will best meet the City’s needs. The table below is an excerpt from an assessment performed
with the City of Santa Monica.
Exhibit "A"6.7.a
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City of Diamond Bar Update of PMS
Request for Proposal
Page | 7
Software Attributes / Features MicroPAVER StreetSaver Cartegraph
General
Vendor U. of Illinois / APWA MTC CarteGraph
Current Version 7 9 8.2 (Pavement View)
Online Version available? No Yes No
Annual Cost $1100 (discount available to
APWA members)$1,500 $5000+
$1400 annual maintenance
User's meetings None
2/year
(Northern & Southern CA)
3~5/ year
Usually Iowa
Technical Support List serv/email/phone Online/phone/email Online/phone/email
Budget related
Analysis period (yrs) 5‐20 5‐30 5‐30
Constrained budgets Yes Yes Yes
"What‐if" scenarios Yes Yes Yes
$ to maintain PCI Yes Available in 2011 Iterative procedure
Packaging of projects No Yes Yes
Committed projects No Yes Yes
Backlog/Deferred costs Yes Yes Yes
Stop‐gap costs Yes Yes No
Deliverable:
Selected PMS Software (one year license)
Task 3 – Update Selected PMS Database / GIS
Once the results of the assessment are complete and if the City chooses software other than PAVER™, NCE will
convert the 2016 PAVER™ database. Prior to starting the surveys, NCE will review the current City GIS shapefile for
accuracy. Quality checks includes:
City maintained street verification
Limits compared to previous update
Functional classifications
Newly annexed streets
All discrepancies with be sent to City staff for review and direction. Once these tasks have been completed, shapefile
will be installed in automated system in preparation for field work.
Deliverables:
Converted PMS database
Revised GIS shapefile linked to PMS software
Task 4 – Pavement Condition Surveys/Inventory Update
NCE/märker will perform distress collections surveys on 130 centerline miles of street segments as per ASTM D6433
protocols (sometimes known as PAVER distresses). The types of distresses collected include:
Asphalt Concrete Distresses
1. Alligator Cracking (Fatigue)
2. Bleeding/flushing
3. Block Cracking
4. Bumps & Sags
5. Corrugation
6. Depression
7. Edge Cracking
8. Joint Reflective Cracking
9. Lane/Shoulder Drop‐off
10. Longitudinal & Transverse Cracking
11. Patch/Utility Cut Patch
PCC Distresses
1. Blowup/Buckling
2. Corner Break
3. Divided Slab
4. Durability (“D”) Cracking
5. Faulting
6. Joint Seal Damage
7. Lane/Shoulder Drop‐off
8. Linear Cracking
9. Patching, Large/Utility Cuts
10. Patching, Small
11. Polished Aggregate
Exhibit "A"6.7.a
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City of Diamond Bar Update of PMS
Request for Proposal
Page | 8
The evaluation of the pavement surface distress is based on three components:
Type is defined as ‘What kind of crack or defect is it?’ based on
environmental distresses (i.e.: Block Cracking,
Longitudinal/Transverse Cracking, Weathering) or load related
distresses (i.e.: Alligator Cracking, Rutting).
Severity is defined as ‘How bad is the defect?’ in terms of the
measurement or degree of wear associated with the condition.
Extent refers to quantity or ‘How much?’ of the pavement is
affected by a particular distress.
We have seen considerable advancements in technology over the last 10
years. The assessment of pavement condition has seen a transformation
from more labor intensive manual efforts to high‐speed automated surveys
that combine the use of roadway sensors and digital imagery. Our team is
well positioned to collect, measure and map all roadway data with a
sophisticated automated approach using LiDAR & pavement laser scanners. Our goal is to provide accurate,
repeatable and economical pavement condition assessments.
Our mobile data collection equipment and team are capable of collecting the following (first three bullets are
included in our scope and cost):
Pavement Surface Distress
Pavement Profiling ( Roughness / Rutting)
Positioning Spatial GPS & Linear Referencing
360 Right‐of‐way digital Imagery and 3D LiDAR Point Cloud Data
Mobile Collection Roadway / Roadside Asset Inventories
Sign/Pavement Marking Reflectivity
Roadway Cross Slope / Grade and Curvature
Roadway Collection Vehicle System Overview
During our roadway inspections, pavement profiling (ride quality,
rutting), GPS, and surface distress data is collected continuously
and seamlessly by our pavement technician team using our
automated data collection vehicle which makes available a wide
range of survey technologies. Our pavement distress data collection
process involves the use of customized, integrated keyboards, and
laser scanning which are all used to collect the type, severity,
12. Polished Aggregate
13. Potholes
14. Railroad Crossing
15. Rutting
16. Shoving
17. Slippage Cracking
18. Swell
19. Raveling
20. Weathering
12. Popouts
13. Pumping
14. Punchout
15. Railroad Crossing
16. Scaling, Map Cracking & Crazing
17. Shrinkage Cracks
18. Spalling, Corner
19. Spalling, Joint
Exhibit "A"6.7.a
Packet Pg. 140
City of Diamond Bar Update of PMS
Request for Proposal
Page | 9
Pavement Inspectors for this project have been tested and prequalified through both the Orange County
Transportation Authority’s (OCTA) and the Metropolitan Transportation Commission (MTC) “Inspector
Certification/Testing” programs. These cover both ASTM D6433 and StreetSaver® distress types.
extent, start and stop points of all the pavement surface distresses.
Street names, limits, lengths, widths, number of lanes and surface types will be field reviewed with functional
classifications reviewed in the office. Should there be any questions or variations noted, the City will be contacted for
clarification.
Quality Control Plan
The importance of accurate and reliable data cannot be overstated, as this leads directly to planning decisions (what
roads to repair?) as well as funding decisions (how much money is really needed?). NCE’s goal is to provide the
highest quality work product for our clients. In order to meet this goal, a quality assurance/ quality control (QC/QA)
component is incorporated into all our projects. For this project, Ms. Margot Yapp, as the proposed QC Manager, will
have the responsibility for incorporating the following QC/QA steps into our work:
Reviewing field activities, including spot checks on the field crews
Reviewing field procedures, making changes as needed
Comparing the field data collected with on‐site conditions
Reviewing all data entry functions, including spot checks
Reviewing reports generated and analyses performed to ensure high
quality deliverables
NCE’s QC Plan provides for a minimum of 5% of all field data to be re‐
inspected by a different inspector. A comparison of the distresses (type,
severity and quantity) will be made and at least 95% of re‐inspected sections
must be in compliance.
Ms. Yapp will work directly with the Project Manager, Ms. Senn, who will have overall responsibility for this project.
In addition to the checks required by software, NCE has developed a series of procedures to ensure the consistency
and accuracy of all data collected in the field. These are outlined as follows:
Field QA/QC Step 1: Correlation
The first step in this process is to have NCE/Marker drive a few roads and review
some of the variety of pavement conditions that exist in the City of Diamond
Bar. This is required to synchronize the team’s view of the various distresses.
Field QA/QC Step 2: Calibration
The QC team will conduct an independent calibration of equipment used to
perform pavement condition surveys on the City’s pavement networks. Since
automated distress data collection is different from walking protocols, this task
is required to ensure that the pavement data collected is consistent with
standard protocols. Up to 25 pavement sites will be selected to the calibration.
They will include a range of:
Pavement Types (AC or PCC)
Functional Classifications
Pavement condition or age
Exhibit "A"6.7.a
Packet Pg. 141
City of Diamond Bar Update of PMS
Request for Proposal
Page | 10
Field QA/QC Step 3: Re‐inspection “Checks”
A minimum of five percent of all sections will be re‐inspected by other team members. Sections with a PCI difference
between the two surveys are also flagged for re‐inspection. At the time of re‐inspection, the actual distresses will be
re‐inspected and verified, and any corrections made, if necessary. Distress types and severities must be the same,
and re‐measured quantities within ±10% of the original measured quantity. If corrections are required on more than
10% of the re‐inspected sample units, then an additional 5% will be re‐inspected. This will continue until more than
95% of the re‐inspected sections meet the acceptability criteria.
All costs associated with additional re‐inspections due to a failure to meet the acceptance criteria will be borne by
NCE.
Please note that NCE’s scope of work and condition surveys do not address issues including but not limited to traffic,
safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short term
maintenance that should be performed.
Data Entry
The condition survey data will be entered into the selected PMS database. This task will be performed at our office in
order to provide quality control of all data entered into the system. The database will be reviewed for errors and any
found will be corrected prior to performing calculations.
Deliverables:
Updated PMS database with pavement condition distresses
PCI report
Task 5 – Maintenance and Rehabilitation History
Populating the PMS database with recent M&R historical data is extremely useful
for determining future treatments and predicting performance of the various
pavement sections. The chart is an example of the StreetSaver® software creating a
custom performance curve from historical data.
All M&R activities, e.g., overlays, reconstructions and any surface seals that have
occurred since 2015 will be entered into the PMS database. All M&R historical
records will include the following information:
Street Name
Branch and section IDs
Beginning and ending limits of work
Type of treatment
Date of treatment
Deliverable:
M&R history report
Task 6 – Maintenance and Rehabilitation Strategies
NCE will review M&R strategies with City staff that include the
recommendation and selection of appropriate treatments such as cape seals
or overlays, and the determination of treatment unit costs. This will also be
an appropriate time to review the use of new / sustainable treatments or
materials, such as rubberized asphalt, rubberized chip or cape seas,
microsurfacing, rejuvenators, cold‐in‐place recycling, full depth reclamation,
warm mix asphalt, etc.
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City of Diamond Bar Update of PMS
Request for Proposal
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NCE’s experience in pavement engineering and design, as well as local conditions, allows our staff to be able to
provide the City with solutions that are innovative, sustainable, practical, and workable.
Development of the M&R decision tree is a critical step in any pavement management update as it has a direct and
significant impact on the final work plan that is developed, as well as the budgeting consequences. NCE’s experience
in pavement engineering and design, as well as local conditions, allows our staff to be able to provide the City with
solutions that are practical and workable. The M&R alternatives are defined, a treatment unit cost will be determined
for each alternative. These alternatives and costs will then be entered into the PMPS database for budgetary analysis.
The unit costs will have a huge impact on the City’s projections or needs assessments. Therefore, NCE will review any
recent bid tabs, together with those from neighboring cities as appropriate. Also, unit prices will be fully‐loaded
rates, and will include not just contractors’ prices, but also design, inspection and testing costs.
Deliverable:
M&R Decision tree
Task 7 – Budgetary Analysis & Draft 65% Report
NCE will perform a Budget Needs analysis using an analysis period to be determined by the City (can be as long as 20
years). This will identify M&R requirements for each road section and determines the total maintenance and
rehabilitation requirements over the entire analysis period. This forms the basis for performing Budget Scenario
evaluations, which optimize the street sections for repair under constrained budgets.
The Budget Scenarios evaluation prioritizes sections for repair under constrained, realistic, budgetary assumptions.
Multiple budget‐ or target‐driven scenarios will be performed after discussion with City staff. Examples of typical
scenarios include:
Impacts of existing funding levels.
Impacts to model drops in funding
SB1 funds will be as much as $900,000 a year by FY 2018/19. Based on the previous report, $2.6M is needed
to maintain a 77 PCI
The results will be used to develop a multi‐year rehabilitation
program that includes the treatment and when it will be applied to
streets. NCE will develop a multi‐year workplan for the final
selected scenario (see example developed for Camarillo).
NCE will prepare a draft report for the City to review. The report will
contain, at a minimum:
Executive Summary
Introduction and methodology
Discussion of software and setup parameters
In simple terms, the Budget Needs analysis answers the questions: “If I have unlimited funding for street
maintenance and repair, which streets should I fix? When should I fix them? What treatments should I
apply? How much will it cost?
Simply put, this module answers the question: “If I only have limited funds for street maintenance and repair, which
streets have the highest priority for repairs, when should I perform the repairs, and how much will it cost?”
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City of Diamond Bar Update of PMS
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Inventory of City streets
PCI listing
Maintenance strategies and costs
M&R History Report
Results of budgetary analyses
Multi‐year work plan
The draft report will be submitted to the City for review in electronic format.
Deliverables:
Draft 65% Report (electronic copy)
Task 8 – Final Report and GIS Update
Upon receipt of the City’s comments on the draft report, NCE will make all appropriate revisions and corrections and
will submit the Final Report to the City. The Final Report will comply with METRO requirements for the PCI report.
In addition, NCE will link the selected software database to a GIS shapefile. It is
assumed that the City has accurate GIS shapefiles that can be used for the
linkage. Depending on the software, queries may include:
PCI range by street section
Future PCI by street section
Functional classification
Maintenance treatment history
Impacts of different budget scenarios
Sections selected for treatment
Once linked, powerful maps can be generated
within minutes, as shown in the example shown. In
addition, shapefiles can be exported for other GIS
functions within the City.
Deliverables:
Final report (3 hard copies)
One (1) electronic copy of all data via flash drive
Updated pavement management database linked to GIS
Task 9 – Staff Training (Optional)
As an optional task, NCE will prepare and present one eight hour training class. The classes will cover basic software
operations, including how to access the program and setup various user accounts, and an overview of the features
available. Areas to be covered includes:
Creating or editing street sections
Entering M&R treatments
Revising the M&R decision tree
Performing budget needs/scenarios
o Project selection tools
o Needs analysis
o Generating reports Pre‐defined reports Budgetary reports
o Custom reporting tool
Generating GIS maps
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City of Diamond Bar Update of PMS
Request for Proposal
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The materials for both classes will be provided by NCE. It is assumed that the classes will be conducted on‐site and
will include no more than two staff members. It is also assumed that computers and a training room with Wi‐Fi
access will be provided by the City.
NCE has prepared and trained over 100 agencies in California and Nevada on both the PAVER™ and StreetSaver®
software since 1997. This includes developing the training materials, providing interactive training as well as
conducting the training. We can train City personnel to successfully maintain the software in the future.
Deliverables:
Training manuals for City staff
One eight hour training class
D. PROJECT SCHEDULING
NCE’s proposed project schedule is shown below and indicates that Tasks 1 through 8 will be completed within 14
weeks of receipt of the Notice to Proceed. (NTP)Proceed
Assumptions:
Task 1 includes Kickoff and 2 other meetings plus 2 council meetings (will occur after completion of Task 8)
Task 2 assumes a two‐week turnaround for software assessment
Task 3 assumes review of maps prior to distress collection
Task 4 assumes no weather delays or holidays and a 5 week processing time for data processing
Task 5 assumes M&R work done since last update in 2015
Task 7 assumes 2 weeks for City review of 65% report submitted
Meetings during Tasks 1, 6 and 8
Task Description Weeks from Notice to Proceed
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Task 1 ‐ Project Initiation/Meet with City Staff * X
Task 2 – PMS Software Analysis
Task 3 ‐ Updated Selected PMS Data/GIS
Task 4 ‐ Pavement Condition Surveys/Inventory Update
Task 5 ‐ Maintenance and Rehabilitation History
Task 6 ‐ Maintenance and Rehabilitation Strategies X
Task 7 ‐ Budgetary Analysis & Draft 65% Report
City Review
Task 8 ‐ Final Report and GIS Update X
OPTIONAL
Task 9 ‐ Staff Training (OPTIONAL) To Be Determined By City
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Agenda #: 6.8
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE AREA 5 RESIDENTIAL &
COLLECTOR ROAD MAINTENANCE PROJECT AND BREA CANYON
CUT-OFF ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and Authorize the Public Works Director to File the Notice of Completion.
FINANCIAL IMPACT:
Funding is included in the FY 17/18 Capital Improvement Program for this project.
BACKGROUND/DISCUSSION:
The City Council awarded a construction contract to Copp Contracting, Inc. on June 6,
2017 in an amount not to exceed $1,731,182.50 with a contingency amount of
$134,833.69 for a total authorization amount of $1,866,016.19. The City authorized the
Notice to Proceed for the construction project on July 10, 2017. The improvements
included roadway preventative maintenance for Area 5 residential and collector
roadways to extend the service life of the pavement as shown in Exhibit “A”.
Additionally, the project also addressed the ground water drainage issues on Brea
Canyon Cut-off Road by installing underground drainage pipes and re-surfaced the west
side of the roadway from the City limit to Diamond Canyon Road.
Copp Contracting, Inc. completed all work required of this project including all punch list
items on November 30, 2017. The final construction cost of the project is
$1,817,634.55 which includes change orders for cross gutter upgrades within Area 5
and changes made to the drainage improvements at Brea Canyon Cut-off based on
actual field conditions and approvals by LA County for the catch basin. The project was
completed $48,381.64 under the overall authorized construction budget.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.8.a Project Area 5 Map_ Exhibit "A"
2. 6.8.b Notice of Completion
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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 tena nts in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on November. 30, 2017. The work done was:
Residential & Collector Area 5 Road Maintenance Project and Brea Canyon Cut-off Roadway and Drainage
Improvements, City Project # 01417 and 24316,
7. The name of the contractor, if any, for such work of improvement was COPP Contracting, Inc.
June 6, 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. For Area 5: Installation of slurry seal, chip seal, crack seal and grind & overlay.
For Brea Canyon Cut-off: Installation of grind & overlay and ground water drainage improvements. Project #
01417 and 24316
9. The street address of said property is Brea Canyon Cut-off Road and Area 5
(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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DO NOT RECORD
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 o f 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 #: 6.9
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE OF ONE 2018 FORD F-250 TRUCK, ONE 2018 FORD
TRANSIT CARGO VAN, AND ONE 2018 FORD TRANSIT
PASSENGER WAGON FROM MCCOY MILLS FORD.
RECOMMENDATION:
Approve, and Authorize the City Manager to Issue, a Purchase Order for Three (3)
Replacement Vehicles in the Total Amount of $89,666.87 to McCoy Mills Ford.
FINANCIAL IMPACT:
In Fiscal Year 2017-2018, $135,000 has been budgeted in the Vehicle Maintenance and
Replacement Fund for the purchase of one light-duty Public Works truck and two vans.
Based on the bids received, the total purchase order amount for the three vehicles is
$89,666.87.
BACKGROUND:
The City’s current fleet is comprised of a total of nineteen (19) vehicles, with model
years ranging from 1997 to 2017. During the budgetary process for Fiscal Year
2017/18, it was determined that three (3) of the existing and aging vehicles needed to
be replaced which include the 1997 Ford F-250 truck, the 1998 Dodge Caravan, and the
2000 Ford Econoline Van. The three (3) new replacement vehicles would be assigned
to the Public Works Department, City pool vehicle fleet, and Parks and Recreation
Department and include the Ford F-250 Truck, Ford Passenger Wagon, and Ford
Transit Cargo Van, respectively.
DISCUSSION:
Request for Quotations (RFQ) was prepared and distributed to seven (7) prospective
proposers on October 18, 2017 for the purchase of three (3) Ford vehicles. The RFQ
was also posted on the City’s website. A total of two bids were received by the
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November 14, 2017 deadline and were evaluated for accuracy and responsiveness.
The RFQ included language that required each vendor to ensure that the vehicles met
AQMD Rule 1191 for public fleets. Rule 1191 requires public fleets, in the South Coast
Air Quality Management District’s (SCAQMD) jurisdiction , to acquire low-emitting
gasoline or alternative-fuel vehicles when procuring new fleet vehicles.
Staff evaluated the two bids received for accuracy and compliance with the
specifications. DCH Ford of Thousand Oaks and McCoy Mills Ford (Fullerton) both met
all specifications listed in the RFQ.
DCH Ford McCoy Mills Ford
F-250 / Spec # 2017-V1 $42,005.75 $30,756.17
Transit Van / Spec # 2017-V2 $43,020.15 $30,487.67
Transit Connect Passenger
Wagon / Spec # 2017-V3 $30,318.80 $28,423.03
Total $115,344.70 $89,666.87
Staff recommends the purchase of one 2018 Ford F-250 Truck, one 2018 Ford Transit
Cargo Van, and one 2018 Ford Transit Passenger Wagon from McCoy Mills Ford, as
the lowest responsible bidder, for a total authorization amount of $89,666.87.
The 1997 Ford F-250 truck and the 2000 Ford Econoline Van will be considered surplus
property and will likely be disposed of by sale or auction pursuant to Section 3.24.160 of
the Diamond Bar Municipal Code. The 1998 Dodge Caravan, along with a 1999 Ford
Taurus and 1999 Jeep Cherokee, was previously declared surplus and disposed of at
auction in September 2017.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.9.a McCoy Mills Ford Quote
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Agenda #: 7.1
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2018/19.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive the Staff Report; Open the Public Hearing; Receive Public Testimony; Close
the Public Hearing; and Adopt Resolution No. 2017-XX Approving the CDBG Funding
Allocations for Fiscal Year 2018/19.
FISCAL IMPACT:
Funding for the CDBG Program is received from the Federal Government on a
reimbursement basis. Approval of the 2018/19 CDBG funding allocations will be
incorporated into the Fiscal Year 2018/19 City Budget. The CDBG Program does not
impact the City's General Fund budget.
BACKGROUND:
By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles
County Community Development Commission’s (LACDC) CDBG Program. The CDBG
Program was established through the Housing and Community Development Act of
1974. The primary goals of the CDBG program are to provide for the development of
viable urban communities by providing decent housing and a suitable living environment
and expanding economic opportunities, principally for persons of low and moderate
income. Eligible CDBG projects are those that meet one of the following national
objectives for the program:
Benefiting low and moderate income persons;
Addressing slums or blight; or
Meeting a particular urgent community development need.
The projects must also fall within one of the eligible activity categories, which include
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acquisition of real property for an eligible use; acquisition, construction, and
rehabilitation of public facilities; demolition and clearance of deteriorated buildings;
community service for low and moderate income households; removal of barriers that
restrict the mobility for elderly or disabled persons; or special economic development
activities.
Funds may be used for a variety of community development activities, such as public
services, ADA retrofit and improvements for parks, public works projects, and home
improvement programs. The funds may only be used within low and moderate -income
census tracts (of which the City has none) and/or to benefit low and moderate -income
persons and/or presumed eligible persons (elderly or disabled).
The LACDC has determined that the City of Diamond Bar’s preliminary CDBG allocation
for Fiscal Year 2018/19 is $204,382. In addition to the annual allocation, the City will
have $127,775 from the accumulated balance of unexpended CDBG funds to use for
the FY 2018/19 CDBG Program, for a combined total program budget of $332,157.
LACDC anticipates notification of the final allocation by early 201 8, and has indicated
that the CDBG Program may continue to experience f unding reductions in the future, so
the City should be prepared to accommodate the federal funding reduction . In the event
that the final allocation is higher or lower than this report’s estimate by up to 25 percent,
the draft resolution provides authorization for the City Manager to administratively adjust
the individual program allocations proportionately. Should the final allocation vary by
more than 25%, City Council approval of any program allocation changes would be
required.
The City’s approved projects and budget must be submitted to the LACDC by February
1, 2018. The City of Diamond Bar’s projects and budget will ultimately become part of
the Los Angeles County’s CDBG program application to the U.S. Department of
Housing and Urban Development (HUD).
Distribution of Funds
The City’s allocation of CDBG funds is subject to the following distribution limits:
15% to support community service programs for eligible persons.
85% toward public works and housing projects that directly benefit eligible perso ns
(e.g., ADA improvements for sidewalks and parks, and deferred loans for home
improvements).
Unallocated funds, including deferred loan repayments and carryovers from the prior
fiscal year may be used to fund eligible public works projects.
The cost of project administration and contract compliance services are charged on a
project-based model which allows the City use CDBG funds to pay for costs associated
with meeting the regulatory requirements on a per project basis. In fiscal years prior to
2012, the LACDC provided a percentage of CDBG funds from the annual allocation to
be used for CDBG administrative costs. However, the use of CDBG funds for general
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administration by cities participating in the County’s CDBG Program was eliminated by
LACDC and administrative costs are now charged to each project. CDBG project
administration is being implemented by City staff with assistance from the City’s
consultant, Diana Cho and Associates.
DISCUSSION:
Prior to approval of the programs and budget, a public hearing is required to receive
and consider citizen input on the proposed CDBG Program. The public hearing notice
was posted in various locations in the City including the SCAQMD/Government Center,
Diamond Bar Library and Heritage Park. Additionally, th e City sent a Request for
Proposals to all interested organizations regarding the availability of CDBG funding.
Based on the proposals submitted by non -profit agencies and City Departments, past
history of applicants, and the availability of funds, fundin g recommendations have been
developed. Prior to a project being funded, eligibility is determined and the sub -
recipients must meet the Federal regulations/requirements. The City provides support
to the projects that receive funding with technical assistance and monitoring to ensure
compliance. The City is responsible for overseeing the operations of all the sub -
recipient supported activities including compliance with all applicable Federal
requirements and for monitoring the achievement of performance go als.
Current CDBG Projects and Allocations for FY 2017/18 ($507,066)
As part of the application process, the City must describe the programs that are
currently being implemented and how those programs are meeting the goals and
objectives established by the City. The programs funded for the current fiscal year are
summarized below:
o Service Center for Independent Life (SCIL) ($10,000) – CDBG funds are provided
for the purchase and installation of assistive devices such as grab bars, wheelchair
ramps and shower chairs for senior citizens and persons with disabilities. The
project goal is to assist twelve (12) City of Diamond Bar residents. SCIL is currently
marketing the program to eligible senior residents.
o Senior Programming ($20,002) – These programs include information and referral,
physical mobility classes, seminars, arts and crafts, game days, senior excursions,
and special events. General Insurance has been purchased for the senior groups
utilizing the Heritage Park Community Center and Diamond Bar Center. More than
500 seniors participate in the various programs and activities offered by the City.
o Home Improvement Program (HIP) ($100,000) – The HIP offers deferred loans to
eligible low- and moderate-income homeowners of single-family detached
housing for necessary home improvements, as well as repairs to mitigate
building and safety code deficiencies and/or violations. The City’s HIP
policies (last updated in July 2016) provides interest-free, deferred loans of up
to $20,000 to eligible households; loans become payable when the homes are
sold or refinanced. The HIP is administered by the City’s consultant (SJC 3
Consulting, Inc.). Currently, one (1) rehabilitation project is under
construction, two (2) projects are in the bidding phase, and one (1) project is
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pending application approval.
o ADA Improvements at Longview South Mini-Park ($69,500) – Construction of the
park improvements has been completed. CDBG funds were used for repairs and
replacement of ADA related items as these funds are restricted to the removal of
architectural and/or material barriers to enable accessibility within the park. Non -
CDBG funds were the primary source of funding for all other components of the
Longview South Park improvements.
o Morning Canyon ADA Parkway Improvements ($225,000) – The scope of work
includes improvements that will provide for the removal of architectural and/or
material barriers to ADA accessibility, including sidewalks and curb ramps. CDBG
and non-CDBG funds are allocated for project construction costs. The project is
currently under construction and is anticipated to be completed in January 2018.
o Starshine Park ADA Improvements and Retrofit Project (82,564) - Funding is
provided for design and specifications for the removal of existing rubberized
playground surfacing, removal of sand and installation of new rubberized surfacing
material at Starshine Park. Project design and preparation of bid specifications are
in progress. Construction is anticipated to begin in March 2018.
Recommended CDBG Projects and Allocations for FY 2018/19
Federal regulations require CDBG funds to be allocated and expended within three (3)
years. In addition, the LACDC strongly encourages participant cities to earmark all
monies as soon as feasible.
The breakdown for estimated funds available for FY 2018/19 is as follows:
New annual allocation $204,382
Prior year unallocated/reprogrammed funds $127,775
Total estimated CDBG funds for FY 2018/19 $332,157
The recommended distribution of these monies is detailed below.
PUBLIC SERVICES
The public service funding cap is $30,657, or 15% of the estimated FY 2018/19 CDBG
annual allocation. The City of Diamond Bar and the Service Center for Independent Life
(SCIL) submitted applications for funding from this allocatio n; the combined amount
requested from these two entities is $36,484, or $5,827 above the funding cap. Since
full funding cannot be accommodated, the recommended funding for Public Service
allocations has been reduced proportionately as follows:
PROGRAM RECOMMENDED FUNDING
City of Diamond Bar Senior Programs $22,657
SCIL Youth Leadership Workshop $8,000
TOTAL $30,657
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o City Senior Programs
FY 2017/18 Allocation $20,002
FY 2018/19 Total Requested $26,484
FY 2018/19 Funding Recommendation $22,657
The City’s Senior Programs are funded through the Parks and Recreation Department
budget. The City Council has traditionally authorized a portion of the annual CDBG
funding to be allocated to the Senior Programs budget. For Fiscal Year 2017/18, the
City Council approved $20,002 in CDBG funds for Senior Programs.
As in prior years, the Senior Programs application proposes to accommodate several of
the activities and supplies as requested by the Diamond Bar Senior Citizens Club,
Diamond Bar Evergreen Club, Sunshine Seniors Association, Diamond Age Senior
Club, and Super Diamond Age Senior Club. The application also requests
reimbursement for a portion of the City’s Senior Program Coordinator’s hours spent
administering the programs, as well as for supplies purchased to host events at the
Diamond Bar Center.
REQUESTED CITY SENIOR PROGRAM CDBG FUNDING
Senior Program Coordinator $19,084
Supplies $2,400
Senior Club Liability Insurance ($1,000 per club) $5,000
Total Requested Allocation for Senior Programs $26,484
It is recommended that $22,657 be allocated for Senior Programming. This amount will
provide for a portion of the costs for the staff position ($15,257), supplies, and $1,000
for each of the five (5) Senior Clubs. In addition, the proposed al location includes
funding for CDBG project administration, reporting and monitoring.
o Service Center for Independent Life (SCIL)
FY 2017/18 Allocation
FY 2018/19 Request
$10,000
$10,000
FY 2018-19 Recommendation $8,000
CDBG funds are requested for the development of an 8-week Youth Leadership
Workshop for students with disabilities. The proposed workshop will be designed to
assist youths with disabilities to transition from high school to post -secondary education
and/or employment. SCIL will use fun ds for salaries, benefits, supplies, rent, travel
costs, and administrative costs.
SCIL’s goal is to assist approximately 30 Diamond Bar residents through this program.
City staff believes that this goal may be somewhat overly ambitious for the first y ear,
and that approximately 24 residents served is a more achievable target ; staff thus
recommends that the City Council allocate $8,000 for the program, which will include
funding for CDBG project administration, reporting and monitoring.
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Recap of Recommended Public Service Funding
As stated, the maximum dollar amount that may be allocated to public service programs
is $30,657. Applications from the City ($26,484) and SCIL ($10,000) exceed this
maximum by $5,827. To stay within the allocation limit, s taff recommends the following
distribution of CDBG funds for public services:
PROGRAM RECOMMENDED FUNDING
City of Diamond Bar Senior Programs $22,657
SCIL Youth Leadership Workshop $8,000
TOTAL $30,657
PUBLIC WORKS AND HOUSING
The allocation for Public Works and Housing projects includes $173,725 from the FY
2018/19 allocation (i.e., 85% of $204,382) and $127,775 in unallocated CDBG funds
accumulated from project savings and deferred loan repayments from the HIP program,
for a total of $301,500. Staff recommends that these monies be appropriated for the
Area 6 Residential Neighborhood ADA Curb Ramps Improvements Project, and for the
continued administration of the Home Improvement Program.
o Area 6 Residential Neighborhood ADA Curb Ramp Improvements Project
FY 17-18 Allocation
FY 18-19 Request
FY 18-19 Recommendation
$ -0-
$201,500
$201,500
The Area 6 residential neighborhood is located east of the 57 freeway and north of the
60 freeway, as illustrated below:
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The purpose of this CIP project is provide ADA accessibility to existing sidewalks
through the construction of ADA compliance curb ramps at various locations where no
curb ramps or substandard curb ramps exist. Approximately sixty-four (64) new and/or
upgraded curb ramps will be constructed. The proposed allocation includes funding for
CDBG project administration and contract compliance. The Public Works Department
intends to follow the completion of these ADA improvements with Area 6 roadway
rehabilitation work also in FY 2018/19.
o Home Improvement Program
FY 17-18 Allocation $100,000
FY 18-19 Request $100,000
FY 18-19 Recommendation $100,000
The HIP provides deferred loans to eligible low and moderate-income
homeowners for necessary home improvements as well as repairs to mit igate
building and safety code deficiencies and/or violations. The proposed allocation
includes program administration funds for the HIP consultant.
Recap of Recommended Public Works and Housing Funding
As stated, $301,500 in CDBG funding is estimated t o be available for these programs in
Fiscal Year 2018/19. The sum of the requested appropriations for the Area 6 ADA curb
ramp improvements ($201,500) and the Home Improvement Program ($100,000) is
equal to the estimated funding available.
North
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CONCLUSION:
Total funding available for CDBG programs during the upcoming fiscal year is estimated
to be $332,157. The funding requests received total $337,984, or $5,827 above the
estimated allocation. Staff recommends the following distribution of funds, the tot al of
which is equal to the estimated allocation:
FISCAL YEAR 2018/19 CDBG PROGRAM ALLOCATION
RECOMMENDATIONS
PUBLIC SERVICES
Senior Programs
o Senior Program Coordinator $15,257
o Supplies 2,400
o Senior Club Liability Insurance 5,000
SCIL Youth Leadership Workshop 8,000
Public Services Subtotal $30,657
PUBLIC WORKS & HOUSING
Area 5 ADA Curb Ramp Improvements $201,500
Home Improvement Program 100,000
Public Works & Housing Subtotal $301,500
Total Recommended FY 2018/19 Allocation $332,157
ESTIMATED FY 2018/19 FUNDS AVAILABLE $332,157
PREPARED BY:
Attachments:
1. 7.1.a Resolution No. 2017-XX
2. 7.1.b FY 2018/19 CDBG Project Applications
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RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM INCLUDING $204,382 IN FISCAL YEAR 2018/19 FUNDS AND
$127,775 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL
AMOUNT OF $332,157
WHEREAS, On August 22, 1974, the President of the United States signed into law
the Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding
economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar has received notification of the availability of
$204,382 in Fiscal Year 2018/19 Federal Community Development Block Grant (CDBG)
funds to further the attainment of these goals; and
WHEREAS, the City has $127,775 in unallocated CDBG funds accumulated from
project savings and deferred loan repayments; and
WHEREAS, the combined total of $332,157 in CDBG funds is available to use for FY
2018/19 projects; and
WHEREAS, suggestions have been requested from residents, community
organizations, and City Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the
Act and met with all interested groups and conducted a public hearing to solicit comments
and suggestions from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The funding allocation for the 2018-2019 Program year shall be:
PUBLIC SERVICE $ 30,657
Senior Programming $ 22,657
Service Center for Independent Life (SCIL) $ 8,000
PUBLIC WORKS AND HOUSING $301,500
Home Improvement Program $100,000
Area 6 Residential Neighborhood ADA
Curb Ramps Improvements Project $201,500
Section 2. The City Manager is authorized and directed to submit the City’s final
Planning Summary for Fiscal Year 2018/19 to the County of Los Angeles, reflecting the
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2 CC Reso. No. 2017-xx
funding allocations set forth herein. Should the City’s final allocation increase or decrease by
twenty-five percent (25%) or less from the figures contained herein, the City Manager is
authorized to administratively adjust (i.e., increase or decrease) the revised funds to eligible
activities proportionately.
Section 3. The City Manager is authorized to execute the contractual and related
documents to be prepared by the County of Los Angeles that are required for the
implementation of the projects/programs set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 19th day of December, 2017.
________________________
Ruth M. Low, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Resolution was duly and regularly passed, approved and adopted by the
City Council of the City of Diamond Bar, California, at its Regular meeting held on the 19th
day of December, 2017, by the following Roll Call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
______________________________
Tommye A. Cribbins, City Clerk
City of Diamond Bar
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Agenda #: 8.1
Meeting Date: December 19, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ANNUAL APPOINTMENTS OF COUNCIL MEMBERS TO SERVE ON
LOCAL AND REGIONAL BOARDS, COMMISSIONS AND
COMMITTEES.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Ratify the Mayor's appointments, and adopt Resolution No. 2017 -xx confirming
appointments to the San Gabriel Valley Council of Governments.
FINANCIAL IMPACT:
None.
BACKGROUND:
Following the annual reorganization of the City Council, it is customary for the newly
selected Mayor to appoint Council Members to serve on various local and regional
organizations of which the City is a member. In addition, the Mayor also makes
appointments to the various standing committees and ad-hoc committees created by
the City Council. The Mayor’s recommended appointments are included in Attachment
1.
Pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a
resolution must be adopted to formalize the Mayor’s new appoint ments to the
SGVCOG. Resolution No. 2017-XX confirming the appointments will be sent to the
SGVCOG upon adoption (Attachment 2).
PREPARED BY:
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Attachments:
1. 8.1.a Council Appointments 2018
2. 8.1.b Resolution No. 2017-XX:
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Rev. December 14, 2017
2018 CITY COUNCIL APPOINTMENTS
Effective 12/19/17
COMMITTEE DELEGATE/ALTERNATE
California Contract Cities Association
(Board of Directors membership – CCCA bylaws specify that voting
delegate and alternate needs to be any City elected official)
17315 Studebaker Road, Suite 210, Cerritos, CA 90701
Executive Director Marcel Rodarte
562-622-5533 FAX 562-222-8183
Meets 3rd Wednesday of each month at 6:30 p.m. (social hour),
7:30 p.m., dinner, various restaurant locat ions of host City.
Reservations required.
Tye / Lin
Foothill Transit Board
(Foothill Transit is governed by a Joint Powers Authority of 22 member
cities and the County of Los Angeles. The larger Governing Board is
divided into five regional clusters that elect representatives one a year at
the agency’s annual meeting to serve on a five-member Executive Board –
City of Diamond Bar –Cluster 4)
Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West
Covina, CA 91790,
626-931-7300, FAX 626-915-1143
Meets last Friday of each month at 8:00 a.m. at above address.
Herrera / Lyons
Four-Corners Transportation Policy Group
Carol Herrera, City of Diamond Bar, Chairman - Meets as needed.
Herrera / Lin
Greater Los Angeles County Vector Control District
(Appointment of Trustee – does not have to be an elected official.
Appointment is for 2-year term)
12545 Florence Ave., Santa Fe Springs, CA 90670, 562 -944-
9656, FAX 562-944-7976
Meets 2nd Thursday at address above at 7:00 p.m.
Tye
8.1.a
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Joint Powers Insurance Authority
(Board of Directors membership – Delegate must be any elected official
appointed by the Mayor. Alternate may be elected official or staff
member)
Jon Shull, Executive Director, 8081 Moody St., La Palma, CA
90623, 800-229-2343, FAX 562-860-4992
General Board Committee meets annually each July - location to
be announced.
Lin / Tye
L.A. County Sanitation District No. 21
(Board of Directors Membership – Mayor is automatically delegate per
Health & Safety Code Sec. 4730.1. Alternate is required to be an elected
official whose appointment is confirmed by City Council action)
Grace Hyde, Chief Engineer & General Manager, 1955 Workman
Mill Rd., Whittier CA 90607-4998
Mailing: P.O. Box 4998, Whittier CA 90607-4998, 562-699-7411
x1500, FAX 562-695-8660
Meets 4th Wednesday of each month at 1:30 p.m. at District Office.
Low / Lyons
L.A. County City Selection Committee
(Board of Directors membership - Mayor and Mayor Pro Tem are
automatically designated as Delegate and Alternate, respectively)
Patrick Ogawa, Acting Executive Officer, Board of Supervisors,
Kenneth Hahn Hall of Administration, 500 W. Temple St., Room
383, Los Angeles, CA 90012, 213-974-1401, FAX 213-620-0636
Meets: After the League of California Cities - L.A. County Division
Meeting - (Approx. 8:30 p.m.)
Low / Herrera
League of California Cities - L.A. County Division
(Board of Directors membership – Delegate and alternate must be
elected officials. Mayor does not have to be appointed)
Tye / Lin
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Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626 -786-
5142, FAX 626-460-8034
Meets 1st Thursday each month at 6:30 p.m. at various locations.
San Gabriel Valley Council of Governments
(Board of Directors membership – Delegate and alternate must be
elected officials. Adoption of a resolution confirming the appointment is
usually made at the next City Council meeting)
Marisa Creter, Assistant Executive Director/Interim Executive
Director, 1000 S. Fremont Ave., Unit 42, Building A-10N, Suite 10-
210, Alhambra, CA 91803, 626-457-1800, FAX 626-457-1285
sgv@sgvcog.org.
Meets 3rd Thursday of each month at 6:00 p.m. at Upper San
Gabriel Valley Municipal Water District Offices, 602 E. Huntington
Dr., Suite B, Monrovia, CA 91016. Executive Session 5:00 p.m.
Lyons / Herrera
Southern California Association of Governments (SCAG)
(Board of Directors membership – Delegate and alternate must be
elected officials but there is no requirement that delegate be the Mayor)
(Appointment to SCAG District 37 is not contingent on appointment as
delegate or alternate by the City)
900 Wilshire Boulevard, Suite 1700, Los Angeles, CA 90017,
213-236-1800, FAX 213-236
1816
General Assembly meets annually each March - location to be
announced.
Lyons / Low
Take Back Our Community Coalition
(Delegate and alternate selected by the City Council)
c/o City of Monrovia, Oliver Chi, City Manager
415 S. Ivy Avenue, Monrovia, CA 91016
(626) 932-5585
Meets quarterly at the Doubletree Hotel
924 West Huntington Drive, Monrovia, CA 91016
Lyons / Low
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Tres Hermanos Conservation Authority
c/o City of Chino Hills, Konradt Bartlam, Executive Director
(Board of Directors Membership – Council may appoint anyone)
Herrera / Low
Wildlife Corridor Conservation Authority (WCCA)
(Board of Directors Membership – Council may appoint anyone)
Joseph Edmiston, Executive Director, Contact Judi Tamasi
5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230
x121, FAX 310-589-3237
Low / Lin
CITY COUNCIL STANDING COMMITTEES
COMMITTEE MEMBERS
City Audit Committee
Low / Herrera
City Council Goals/City Manager Evaluation
Low / Herrera
Economic Development (Meets quarterly)
Lyons / Herrera
Fee Study Sub-Committee
Lyons / Low
Industry East Development Advisory Committee
Herrera / Lin
LLAD Council Sub-Committee
Tye / Lin
Legislative
Low / Tye
Neighborhood Improvement (Meets quarterly)
Lyons / Lin
Public Safety Committee (Mayor and Mayor Pro Tem meets
quarterly)
Low / Herrera
Sphere of Influence/Annexation
Tye / Lin
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Rev. December 14, 2017
CITY COUNCIL LIAISON
COMMITTEE DELEGATE/ALTERNATE
Chamber of Commerce
Lyons / Low
D.B. Community Foundation
Tye / Lin
Library
Low / Lyons
PUSD/City
Lin / Herrera
Senior Citizen
Tye / Lyons
WVUSD/City
Herrera / Tye
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RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council
of Governments Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of
Governments requires each member city to appoint a Del egate Government Board
Representative and an Alternate Governing Board Representative to represent the City
in conducting the affairs of the San Gabriel Valley Council of Governments.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
resolve as follows:
SECTION 1. The City Council of the City of Diamond Bar appoints Nancy Lyons
to serve as the City of Diamond Bar’s delegate to the Governing Board of the San Gabriel
Valley Council of Governments.
SECTION 2. The City Council of the City of Diamond Bar appoints Carol Herrera
to serve as the City of Diamond Bar’s alternate delegate to the Governing Board of the
San Gabriel Valley Council of Governments.
SECTION 3. That the individuals designated in this resolution serve until re placed
by resolution or until they become ineligible pursuant to the terms of the Joint Powers
Agreement of the San Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of this resolution.
SECTION 5. That a certified copy of the resolution shall be circulated to the San
Gabriel Valley Council of Governments.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2017
____________________________
Ruth M. Low, Mayor
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2 CC Reso. No. 2017-xx
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 19th day of December, 2017, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Tommye Cribbins, City Clerk
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TO:
FROM:
ADDRESS:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
ORGANIZATION: VDWULIA 15a �—
AGENDA#/SUBJECT:
.—DATE:
PHONE:
(Optional)
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
1 iz2.
G
`•% Signature'
This document is a public record subject to disclosure under the Public Records Act.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: ®Y1 r�1 DATE:
ADDRESS: [ PHONE:
(Optional) (Optional)
ORGANIZATION:
AGENDA#ISUBJECT: s
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
(: -1) -
Sign r
This document is a public record subject to disclosure under the Public Records Act.