HomeMy WebLinkAbout011618 - Agenda - Regular Meeting
City Council Agenda
Tuesday, January 16, 2018
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
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DIAMOND BAR CITY COUNCIL MEETING RULES
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 16, 2018
Next Resolution No. 2018-01
Next Ordinance No. 01(2018)
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Pat Williams,
Northminister Presbyterian Church
ROLL CALL: Lin, Lyons,Tye, Mayor Pro Tem
Herrera, Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
Presentation of City Tile to Dr. Donna Earnheart owner of the Village
Animal Hospital, 23379 Golden Springs Drive as Business of the Month
for January, 2018.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
JANUARY 16, 2018 PAGE 2
"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 Winter Snow Fest – Saturday, January 20, 2018 – 9:00 a.m. – 3:00 p.m.,
Pantera Park, 738 Pantera Drive.
5.2 Planning Commission Meeting – January 23, 2018 – 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting – January 25, 2018 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.4 Joint Meeting of the City Council and Planning Commission – January 30,
2018 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive.
5.5 City Council Meeting – February 6, 2018 – 6:30 p.m., AQMD/Government
Center 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 Study Session Meeting of December 19, 2017.
6.1.b Regular Meeting of December 19, 2017.
Recommended Action: Approve.
Requested by: City Clerk
JANUARY 16, 2018 PAGE 3
6.2 RATIFICATION OF CHECK REGISTER DATED DECEMBER 15, 2017
THROUGH JANUARY 10, 2018 TOTALING $ 1,442,373.97.
Recommended Action: Ratify.
Requested by: Finance Department
6.3 A LAND AND WATER CONSERVATION GRANT APPLICATION FOR
THE DESIGN AND CONSTRUCTION OF THE FUTURE SUNSET
CROSSING PARK PROJECT.
Recommended Action: Adopt Resolution No. 2018-XX approving a Land
and Water Conservation grant application in the amount of $2.5 million
dollars, and authorizing the City Manager, or designee, to execute and
submit all documents necessary to accept, administer and expend the
grant funding.
Requested by: City Manager
6.4 QUITCLAIM OF CITY’S INTERESTS IN A PORTION OF HAWKWOOD
ROAD.
Recommended Action: Adopt Resolution No. 2018-XX Quitclaiming the
City of Diamond Bar's interests in a portion of Hawkwood Road located
within Tract 47850 of the Diamond Bar Country Estates.
Requested by: Public Works Department
6.5 UPDATES TO THE FY 2017-2018 INVESTMENT POLICY.
Recommended Action: Adopt Resolution No. 2018-XX approving an
updated Investment Policy for FY 2017-2018.
Requested by: Finance Department
6.6 CONSULTANT SERVICES AGREEMENT WITH CDWG TO REPLACE
THE CITY’S NETWORK INFRASTRUCTURE AND IMPLEMENT NEW
SECURITY APPLIANCES.
Recommended Action: Approve, and Authorize the Mayor to sign, the
Consultant Services Agreement with CDWG for a Not-to-Exceed Amount
of $160,567.78.
Requested by: Information Systems
7. PUBLIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION:
JANUARY 16, 2018 PAGE 4
8.1 CITY FACILITY USE, RENTAL, AND ALLOCATION OF PARKS, &
ATHLETIC FIELDS POLICY UPDATES, AND SCHEDULES OF RATES,
FEES, AND CHARGES FOR PARKS & RECREATION FACILITY
RENTALS, PROGRAMS AND SERVICES.
Recommended Action:
A. Adopt Resolution No. 2018-XX Establishing Policies for the Use,
Rental, and Allocation of City Facilities, Parks, and Athletic Fields; and
B. Adopt Resolution No. 2018-XX Establishing Schedules of Rates,
Fees, and Charges for Parks & Recreation Facility Rentals, Programs and
Services.
Requested by: City Manager
8.2 THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW
COMMITTEE (MSRC) GRANT APPLICATION TO PURCHASE AN
ELECTRIC CHARGING STATION, TWO ELECTRIC VEHICLES, AND A
HEAVY DUTY NEAR ZERO EMISSION VEHICLE.
Recommended Action: Adopt Resolution No. 2018-XX approving a Mobile
Source Air Pollution Reduction Review Committee Gran t Application in the
Amount of $73,930 and authorizing the City Manager, or Designee, to
Execute and Submit all Documents Necessary to Accept, Administer and
Expend the Grant Funding.
Requested by: City Manager
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 6.1
Meeting Date: January 16, 2018
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 Study Session Meeting of December 19, 2017.
2. 6.1.b Regular Meeting of December 19, 2017.
6.1
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CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
DECEMBER 19, 2017
STUDY SESSION: M/Low called the Study Session to order at 5:30 p.m. in
Room CC-8 of the South Coast Air Quality Management District/Government Center,
21865 Copley Drive, Diamond Bar, CA 91765.
ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; David Liu, Public Works Director; Greg Gubman,
Community Development Director; Dianna Honeywell, Finance Director; Kimberly Young,
Senior Civil Engineer; Anthony Santos, Assistant to the City Manager; Christy Murphey,
Recreation Superintendent; Dannette Allen, Management Analyst; Crystal Knox,
Recreation Supervisor; Andee Tarazon, Recreation Supervisor; and Tommye Cribbins,
City Clerk.
► PARKS AND RECREATION USE POLICIES AND FEES:
ACM/McLean reported that this is the second phase of the Fee Study process
completed by the Council’s Fee Study sub-committee who assisted staff in
developing recommendations to update the Facility Use Policies and Parks and
Recreation Fees before Council this evening. The subcommittee met in a series of
meetings during the months of September and October, after which the
subcommittee’s recommendations were then taken to the Parks and Recreation
Commission in November which unanimously approved those recommendations.
The policy recommendations are being presented along with fee recommendations
due to the fact that many of the Parks and Recreation fees are dependent upon
policy. Terms and Conditions that are set in policy documents for facilities use
including the Diamond Bar Center, Park and Athletic Facilities Use policies and
other facilities establish priority which then has an impact on fee structure.
Operational changes and fee changes have been made to improve accessibility to
facilities in an attempt to reduce subsidies wherever appropriate and improve the
service to the public.
The two existing policies have been separated into three in order to focus on the
specific topics of each which include: 1) Facility Use and Rental Policy (Diamond
Bar Center, Heritage Park and Pantera Park Community Center; 2) Athletic Facility
Use and Allocation Policy, a new concept that focuses solely on how sports fields
are allocated; and, 3) Park and Picnic Use Policy for any other park and picnic
rentals.
6.1.a
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DECEMBER 19, 2017 PAGE 2 CC STUDY SESSION
I. FACILITY USE AND RENTAL POLICY – DIAMOND BAR CENTER,
HERITAGE PARK AND PANTERA PARK COMMUNITY CENTER.
Policy changes that have fee consequences are as follows:
Section 3. Recommended change to best define what the City recognizes as
a Senior Citizen Membership Group. Currently, there is prioritization for Senior
Clubs but the document does not define what a senior club is and how the City
recognizes them. The change includes basic things such as non -profit status
and requiring new clubs to have a minimum of 60 residents. This provision is
being done to avoid any impacts.
C/Tye confirmed with ACM/McLean that it has nothing having to do with age.
ACM/McLean responded that clubs must provide a roster that provides
membership which includes their home address to verify residency, but each
member’s age is not being verified.
M/Low asked if the senior clubs rent or prioritize among themselves.
ACM/McLean said that at this time the answer is “no” and no changes are
recommended to the existing groups because the City has a 20-year history of
working with existing groups and managing the facilities in a way that meets all
of their needs.
MPT/Herrera asked how many senior groups are registered .
ACM/McLean responded that there are currently 5 groups. The survey found
that most cities do not have quite as many senior groups as Diamond Bar has.
The number is high because some of the groups have splintered off and started
new groups. The minimum of 60 residents was added to eliminate splintering
of groups which might impact staff’s ability to meet their needs.
Section 4. Group Priority Linking – Currently, Group C includes governmental
agencies that are not City agencies such as the Diamond Bar School Districts
and local non-profits. These three sub-groups are recommended to be
combined into one group. No impact on allocation of the facilities is anticipated.
Section 6.b. Payments & Fees - Deposits – This policy has been consolidated
to make it simple and effective across all user groups and proposes to
streamline the rental deposit structure so all groups have the same provisions.
Section 6.c. Payments & Fees – ACM/McLean stated that this is a fairly
significant change which calls out Weekend, Sunday, & Holiday Rates at the
Diamond Bar Center Grand View Ballroom which is effective for all ballroom
rentals and two-thirds ballroom rentals (larger events that happen at the center).
6.1.a
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DECEMBER 19, 2017 PAGE 3 CC STUDY SESSION
This change attempts to eliminate some of the discounts and subsidies that are
currently available for the high-demand periods (Fridays and Saturdays).
C/Lyons confirmed that currently, residents can get a discount on Friday and
Saturday nights which are very high-demand times for the Center. The
subcommittee and staff discussed this at great length and decided to forego any
discounts on Friday and Saturday night even for residents so that if they want
to have a wedding at a discount, for example, they would have to do it on a
Sunday.
C/Tye asked how much of a discount was afforded.
ACM/McLean said it depends on the group. Discounts for Friday and Saturday
can range from $1,320 for six hours up to $3,520 for six hours.
C/Tye said he worried about the City pricing itself out of Diamond Bar residents
using a Diamond Bar facility.
ACM/McLean said that in surveying other cities Diamond Bar prices were found
to be low. In fact, the Assistant City Manager from Chino Hills told him that they
use Diamond Bar’s as the low-end of the market. Staff believes it is a high
demand facility and something that will continue to draw customers. Staff has
seen no difference in bookings. Bookings are out 24 months at this point and
the calendar is still full.
RS/Murphey explained that Diamond Bar residents will still have a priority over
non-residents for booking the facility at the same price.
M/Low asked if the proposed increased rate is still at the low end of the
comparable rates.
ACM/McLean said there are so many factors that impact rates. All of the
facilities are different and offer different packages. Some are private – some
are public. Staff feels it is in the range of where the prices should be for the
proposed new rates.
C/Tye said that for those that have reservations 24-months out, nothing changes
and basically, what will be determined on a rolling basis is whether the City will
still be booked 24-months out or if it would drive people elsewhere.
ACM/McLean said that was true and one thing staff plans to revisit the policies
on a yearly basis to see where the City stands which would include checking
the market rates and if there is something that needed to be adjusted it could
be brought forward to the Council.
6.1.a
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DECEMBER 19, 2017 PAGE 4 CC STUDY SESSION
ACM/McLean stated that there are some provisions in the current policy that
allow for additional discounts to Group B and C users based on a number of
different factors. For example, for Group B there is a current provision if the
Grand View Ballroom is not reserved for weekend use six-months or less prior
that Group B users are eligible for use of the ballroom at the $30 per hour rate
and the recommendation calls for eliminating these provisions.
Section 7.a. – Cancellation Policy – Another attempt to streamline and make
things consistent across all user groups rather than having different policies for
different groups. Recommendations are:
● Diamond Bar Center Grand View Ballroom – weekends and Sundays:
180 Days or More Prior to Event: 50% of fees due at signing 61-179
Days Prior to Event: 75% of fees due at signing 60 Days or Less Prior
to Event: All fees
● All Other Facility Rentals: - 61 or More Days Prior to Event: 50% of
fees due at signing
60 Days or Less: All fees
C/Tye said that seemed onerous. Do we believe that 60-days out someone else
won’t rent the facility?
ACM/McLean said that many of the large-scale events take a lot of lead time in
planning.
RS/Murphey said that the question of keeping the deposit is hit or miss based
on whether the facility is re-booked. As ACM/McLean was saying, a lot of details
go into it and the Center ends up with Fridays that are vacant because of
cancellations.
C/Lyons said that if a party rebooks they can use their deposit.
ACM/McLean said there are a lot of one-date changes which is covered.
M/Low asked if there was a charge for the one -date change.
ACM/McLean responded yes. One of the reasons that was put in place was to
try and prevent using date change to avoid paying cancellation fees.
C/Lin asked how much has been collected due to cancellations.
RS/Murphey explained that there are several cancellations (5-10) each month.
Some events might be postponed or canceled because they found another
venue. If the event is canceled far enough ahead of time the Center can rebook.
6.1.a
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DECEMBER 19, 2017 PAGE 5 CC STUDY SESSION
Section 7.b. – Change of Date – Provides all renters one change of date request
provided it is made at least 180 days in advance and closes the loophole
allowing for avoidance of cancelation charges.
Section 9.a. – Recurrent Facility Use – Recurrent Use by Group B. Orgs. –
Expands senior club access by formalizing no -cost access periods. Meets
Council Strategic Goal to market DBC for corporate/business rentals by
increasing key midweek dates.
ACM/McLean indicated that C/Lyons brought to our attention that the existing
provision for Diamond Bar Non-Profits to have one no-cost use at Heritage park
for fundraising purposes was inadvertently omitted and is recommended that a
new section be added to restore this provision as follows:
● Diamond Bar Based Non-Profit Organizations are eligible for one no-
cost use of the Heritage Park Community Center or Pantera Park
Activity Room per year for fundraising events.
M/Low asked the proportionate use of the senior groups.
ACM/McLean said that he did not have the information with him; however, the
heaviest user is the Evergreen Club with about 60% use allocation during the
period studied. Staff believes that with these hours available the needs of the
groups can be met. No groups have been turned away for their requests,
especially since this goes beyond what was previously provided for in the
current policy.
MPT/Herrera asked the name of the club that did Bingo on Tuesday.
ACM/McLean responded it is the Diamond Bar Senior Club.
C/Tye asked how staff confirmed the Diamond Bar based and non -profit status.
ACM/McLean explained the groups must provide documentation from the state
or federal government that shows they ha ve the proper documentation which
shows where the group is established and where they are based. When it
comes to user groups for sports, full roster information is requested which
provides proof of residency which becomes a factor in prioritizing the user
groups.
Prohibition on Marijuana Possession and Use at City Properties.
C/Lyons also suggested that provisions be included confirming the prohibition
of Marijuana Possession and Use at City properties.
ACM/McLean confirmed that such a provision can be added and Staff will
consult with the City Attorney on proposed language.
6.1.a
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DECEMBER 19, 2017 PAGE 6 CC STUDY SESSION
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II. ATHLETIC FACILITY & ALLOCATION POLICY
Section 3. Definitions – Clarifies various terms and conditions related to
priority use of City athletic fields, including:
● Adjusts locality requirement for non-profit status to recognize regionalization
of formerly local sports organizations.
● Reduces residency requirement of qualifying organizations from 60% to 40%
to recognize changing participation trends.
● Creates formula for calculating “Resident Teams”, a metric used to establish
allocations.
Section 5.A Priority Classification Groups – Sets group priority status for
facility use based on changes to definitions previously outlined. Recurrent
allocations are only open to qualifying organizations.
● Group A – City sponsored events
● Group B – Qualifying non-profit youth organizations with open registration
● Group C – Qualifying non-profit youth organizations w/o open registration
(travel)
● Group D – Qualifying Adult Organizations
● Group E – Diamond Bar residents/businesses, one-time non-recurrent
● Group F – Non-DB residents/businesses, one-time non-recurrent
Section 5.B Allocation Priority within Groups – Establishes metrics to
determine priority within each group.
● Total DB residents
● Percentage of DB residents
● In-Season status (baseball in spring, soccer in fall, etc.)
Section 5.C Facility Allocation Formula – Establishes a defined formula used
to equitably allocate City facilities to qualifying organizations. Subject to
availability, City will attempt to allocate a minimum of four hours per week per
resident team per organization. Surplus hours are allocated at the City’s
discretion.
C/Lyons asked how the 4 hours matches up with the current policy.
ACM/McLean responded that it is a little different. When staff went back through
it found that most likely the City was over-allocating fields. Staff recently
6.1.a
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DECEMBER 19, 2017 PAGE 7 CC STUDY SESSION
conducted the field allocation process and RS/Tarazon and her staff paid very
close attention to trying to find a way to solve the issue of stacking teams on a
field and were able to find a way to eliminate that situation altogether. Fields
will be busy but no stacked teams will be seen during this allocation period .
RS/Tarazon explained that staff asks for supplemental questionnaires from the
allocated users in order to gain more detailed information such as how long they
practice, how long are their games, how many times a week do they practice,
etc., all of which was used in the process of creating these recommendations.
Staff found that a lot of the user groups were being over -allocated because
everyone asks for the moon to see what they can get without really utilizing the
entire field. Once this process shakes out staff will likely discover a “bank” of
hours left so that staff can use those hours at its discretion to fill in extra times
that are needed. This will put everyone on a level playing field as far as
allocation times during the week.
ACM/McLean reminded Council that facility attendants visit each facility on a
daily basis, complete their checklists and see who is on a given field. As an
example, the attendants noticed that on a couple of occasions on a Tuesday at
Pantera Park nobody was practicing b ut on Wednesday, both groups were out
practicing.
C/Tye asked if someone was assigned Tuesday and they showed up on
Wednesday.
ACM/McLean said that if they do not have a permit they are not allowed to
practice.
C/Tye asked who takes care of that.
ACM/McLean responded “the facility attendant” as they visit each park t hey
check on the allocation.
RS/Tarazon said that a lot of groups police themselves because those are the
same groups that go out every year and want to make sure they have their
allotted fields.
C/Lin said that according to the formula the fields can be occupied for 8 hours
six days a week.
ACM/McLean said staff blocks based on availability and use multiple fields at
different times and different time blocks based on need.
C/Lyons asked if the P&R Commissioners had any concerns about field
allocation.
6.1.a
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DECEMBER 19, 2017 PAGE 8 CC STUDY SESSION
ACM/McLean said that all of the user groups were invited to the meeting and a
couple of the user groups came to voice their opinions and staff worked through
subsequent meetings to make sure their needs were met. The Commission
unanimously voted to go forward and he believes even the user groups
understood where staff was coming from. One of the concerns raised by the
groups is what if some large-scale group comes in and wants to book which will
have impact on the currently scheduled teams. There is a provision within the
proposed policy that says that any new request from a group that has not been
previously allocated is subject to a review period of at least six-months so that
staff can determine whether that group impacts the fields and that seemed to
quell that concern.
C/Tye said that numbers wouldn’t drive it? What if a team came from Chino and
wanted their 200 members to practice in Diamond Bar. They would not move
to the front of the line because they had more members?
ACM/McLean said no, the group would be subject to that review period and staff
would ask them to submit their information so staff could review the information
to determine how it might impact the allocations and is there an ability for that
group to come in to the City. Are they reaching a significant number of DB
residents that there should be access provided to all? Staff does not want to
make snap judgments based on someone moving their organization to DB and
now all of a sudden they push out all of the regular user groups.
C/Tye said he agreed.
M/Low asked if the allocation period was for a year or nine months.
ACM/McLean responded that currently, there are two allocation meetings per
year and staff is proposing to go to three in order to provide more regular
communication with the groups. Because the seasons and playing seasons
change, a six-month period is a wide range and staff would prefer to narrow that
down to four months.
Section 7.P Tennis Court Use – To be consistent with the City’s policy
prohibiting use of public facilities for private gain or profit, it is recommended
that current allowances for for-profit tennis court instruction permits be
eliminated.
PARK AND PICNIC USE AND RENTAL POLICY
Section 5C Cancellation Policy – streamlines cancellation policy to apply to
all rental groups as follows:
● Cancellation 7 days or more in advance – 50% of fees paid.
● Cancellation 6 days or less in advance – No refund.
6.1.a
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DECEMBER 19, 2017 PAGE 9 CC STUDY SESSION
FACILITY USE AND PARTICIPATION FEES
Athletic Fields Rental Fees
ACM/McLean indicated that rental fees remain as is (no charge) for qualifying
youth and adult sports organizations. Changes to one-time, non-recurrent users
were discussed as presented in the staff report. Current policy has a penalty
for lights left on and staff wants to make sure that if lights are left on to make
sure that the deposit matches what the deposit would be. It is refundable if a
group has no issues.
C/Tye asked how it would be determined that a group has an issue. The times
he has seen Lorbeer empty and the lights are on, who is assessing who left the
lights and should not have.
ACM/McLean said that the field attendants should be noting there is no one on
the field and the lights were left on if there is a responsibility for them being
turned off.
C/Tye asked if a field attendant is unique to Lorbeer.
ACM/McLean said there are multiple sites and attendants have to move from
park to park.
RS/Tarazon said that field attendants operate in Diamond Bar Monday through
Friday from 4pm to 10pm. One person is dedicated to driving around and
checking all of the parks to make sure all lights are turned off which is part of
their nightly routine. In addition, they make note of what the user groups do
using a checklist of items and forms they have to complete. Attendants write
detailed reports on how many times they stop at each park and how long they
were there which allows staff to narrow it down t o what time the user group left
and which group was using the field.
M/Low asked if a user remembered to come back and turn off the lights shortly
after leaving the field would they be charged .
RS/Tarazon said that even though there is a lighting fee policy it has never
been enforced and it is something staff wants to get control over because it is
an issue. Certain user groups have keys to the lighting boxes and the locks are
changed out each year. Staff is currently doing everything possible to ed ucate
the groups about getting into the routine of turning off the lights.
C/Lin felt there should be technology available to time the lights to turn off.
ACM/McLean said there is technology that could assist with that. If the Council
would like to look at this technology in the future staff can bring it forward.
6.1.a
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______________________________________________________________________
DECEMBER 19, 2017 PAGE 10 CC STUDY SESSION
Rental Fees – ACM/McLean discussed recommended fee changes for Park
and Picnic Rentals contained in the Staff Report.
Diamond Bar Center and Heritage Park Community Center Rental Fees –
ACM McLean indicated that Facility rental rates were last adjusted in 2010 and
since that time the CPI has increased by 12.5%. Therefore, it is proposed that
a 12.5% adjustment be applied to all rental fees for DBC and Heritage.
● Weekend/holiday rental and cancellation fees adjusted for
consistency with policy recommendations.
C/Tye felt that if he was paying for this he should have an attendant from
Diamond Bar in the room to make sure everything is working properly.
C/Lyons said she believed that although they were not present for the entire
event they were checking in at times to make sure everything was okay.
C/Tye said it might make more sense that an attendant is there at the beginning
to do a system check to make sure everything is working correctly.
RS/Murphey explained that the contractor was on site fixing some of the issues
because the systems were working intermittently. Sometimes there would be
interference but it is staff’s hope those issues will be resolved.
RS/Knox said the standard is that because there are several events going on at
the same time the attendants will cycle in and out throughout the event. The
additional per-hour fee is for having someone dedicated to a specific event.
At this point in the presentation, Council asked ACM/McLean to email the
presentation to them for further comment so that the item could be considered
by Council at its January 16, 2018 meeting, so that at this time the Study
Session could be adjourned to the Regular City Council meeting.
Facility Use and Participation Fees – Diamond Bar Center and Heritage
Park Community Center Rental Fees
● Rather than continuing an ala carte approach, Party and Business packages
have been expanded to include key equipment.
● Staff fees are being established in case of unanticipated cleanup or repairs
and/or out-of-ordinary events requiring additional supervision.
Public Comments: None.
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______________________________________________________________________
DECEMBER 19, 2017 PAGE 11 CC STUDY SESSION
ADJOURNMENT: With no further business to come before the City Council,
M/Low recessed the Study Session at 6:22 p.m. to the Regular Meeting.
_______________________________
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2018.
______________________________
Ruth M. Low, Mayor
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 19, 2017
STUDY SESSION: 5:30 p.m., Room CC-8
Parks & Recreation Facilities Use Policies and Fees
Public Comments: None.
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:30 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/Fox reported that during tonight’s Study Session, the City Council discussed
updates to the City’s Parks & Recreation Facilities Use Policies and Fee schedule. The
updates are intended to consolidate functions, improve efficiency and reflect current
practices that have evolved over the years. Updated fees are generally based on
consumer price index adjustments to the rates over the past 10 years. The changes will
be considered by Council at its January 16, 2018 meeting for potential adoption.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Herrera led the Pledge of Allegiance.
INVOCATION: Associate Pastor Diane Navar, Diamond Canyon
Christian Church provided the invocation.
ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg
Gubman, Community Development Director; Dianna Honeywell, Finance Director;
Kimberly Young, Senior Civil Engineer; Anthony Santos, Assistant to the City Manager;
Christy Murphey, Recreation Superintendent; Dannette Allen, Management Analyst;
Marsha Roa, Public Information Manager and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Low and Council presented former Mayor Lin with a ceremonial gavel
for his term as Mayor.
NEW BUSINESS OF THE MONTH:
1.2 M/Low and Council presented a Certificate Plaque to Monice Leaw, owner
of BumbleBee Place, LLC, 20176 Golden Springs Drive as New Business
of the Month for December 2017.
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DECEMBER 19, 2017 PAGE 2 CITY COUNCIL
1.3 M/Low and Council presented Certificates of Recognition and prizes to the
winners of “Through My Lens” Photo Contest of 2017. Also present was
Lew Herndon, President of the Diamond Bar Community Foundation along
with Representative Lauren Pong from Congressman Royce’s office and
and Lauren Yokomizo from Supervisor Hahn’s office.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox encouraged everyone to continue shopp ing locally this holiday season.
He reminded everyone to be safe. When out shopping and running errands be
sure to lock your cars and when not at home, make sure to close your garage
door and lock up the house. To everyone, have a safe and wonderful holiday.
On behalf of staff, CM/Fox wished the City Council and the community a very
Merry Christmas, Happy Hanukkah, a Happy New Year and looking forward to a
great 2018.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, announced that on Wednesday,
January 10 at 4:00 p.m. musician Ranger Jack will present a highly intera ctive
music and public performance that children will enjoy by singing, dancing and
listening to captivating stories and hilarious puppet shows. This program is
sponsored by the Diamond Bar Friends of the Library. For anyone who is still
searching for the perfect holiday gift for family and friends stop by the Friends of
the Library Book Store, “Basically Books” inside the library or in the shopping
center at 23447 Golden Springs Drive. Proceeds of the book sales go to support
the library. On behalf of the Diamond Bar Library she wished everyone the very
best during this holiday season.
Robin Smith spoke regarding Consent Calendar Item 6.5 and the Millennium
Diamond Road Development located in The Country Estates which she says has
impacted 80 acres of pristine oak woodland and coastal scrub habitat bordered
by a blue line stream. The project received a Tract Map approval May 3, 2016
and current public records indicate this project is the su bject of litigation entitled
the Inland Oversight Committee vs. The City of Diamond Bar which was initiated
June 2, 2016. She wanted to know on whose authority was the developer
granted a “rough grading permit” last Thursday and whether Diamond Bar’s City
Attorney was consulted in granting this permit.
Tonight Item 6.5 asks to increase payment of over $200,000 for “inspection
services” to the David Evans group pertaining to the Millennium project. Why is
David Evans group receiving additional money for services when nothing is
supposed to be happening on this project? In summary, this entire project is an
environmental chaos. The history of it unfolds many disturbing questions
revealing the City of Diamond Bar to be failing its environmental responsibilities
and taxpayers want to know how this City will impleme nt and enforce best-
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practices, especially one that so heavily impacts our natural resources.
4. RESPONSE TO PUBLIC COMMENTS:
CM/Fox asked CA/DeBerry to respond to litigation and issuance of the rough
grading permit.
CA/DeBerry said that many of the issues raised are being litigated and will be
decided by the Court. Absent an injunction from the Court, the developer can
move forward with that project. There is no automatic “stay” of the developer’s
project or any project that is subject to a lawsuit. If that were the case, projects
could be stalled for years. In short, there is no injunction and the project can go
forward until the Court orders otherwise.
5. SCHEDULE OF FUTURE EVENTS:
5.1 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.
5.2 Planning Commission Meeting – December 26, 2017 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive (canceled).
5.3 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 six (6) feet must
be cut in half for pickup.
5.4 Parks and Recreation Commission Meeting – December 28, 2017 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive (canceled).
5.5 New Year’s Holiday – January 1, 2018 – City Offices closed Monday,
January 1, 2018 in observance of New Year’s Day. City Offices reopen
Tuesday, January 2, 2018 at 7:30 a.m.
5.6 City Council Meeting – January 2, 2018 – 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive (Canceled).
5.7 Planning Commission Meeting – January 9, 2018 – 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.8 Traffic and Transportation Commission Meeting – January 11, 2018 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.9 City Council Meeting – January 16, 2018 – 6:30 p.m., AQMD/Government
Auditorium, 21865 Copley Drive.
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6. CONSENT CALENDAR: C/Tye 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 December 5, 2017 – As presented.
6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES:
6.2a Regular Meeting of October 24, 2017.
6.3 RATIFIED CHECK REGISTER DATED DECEMBER 1, 2017 THROUGH
DECEMBER 14, 2017 TOTALING $1,632,843.87.
6.4 APPROVED TREASURER’S STATEMENT FOR NOVEMBER 2017.
6.5 APPROVED 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 .
6.6 APPROVED FOURTH AMENDED AND RESTATED JOINT EXCERISE
OF POWER AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS JOINT POWERS AUTHORITY.
6.7 APPROVED CONSULTING SERVICES AGREEMENT WITH NICHOLS
CONSULTING ENGINEERS (NCE) FOR THE CITY OF DIAMOND BAR
PAVEMENT MANAGEMENT SYSTEM (PMS) UPDATE.
6.8 APPROVED NOTICE OF COMPLETION FOR THE AREA 5
RESIDENTIAL AND COLLECTOR ROAD MAINTENANCE PROJECT
AND BREA CANYON CUT-OFF ROADWAY AND DRAINAGE
IMPROVEMENTS PROJECT.
6.9 APPROVED 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.
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7. PUBLIC HEARINGS:
7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2018-19.
CDD/Gubman presented staff’s recommendation for the anticipated
allocation of CDBG Funds for Fiscal 2018 -19. This program was
established through the Housing and Community Development Act of
1974 and the intent of the CDBG program is to facilitate Public Works,
Public Services and Home Improvement Projects to improve the living
conditions and overall quality-of-life for those persons of low and moderate
income as well as, the disabled and elderly who are presumed to fall
within those income categories.
The City of Diamond Bar is part of the Los Angeles County Department of
Community Development Commissions CDBG program and the process
that would proceed after the Council’s decision this eveni ng would be for
its funding approval to go to LACDC and Diamond Bar’s programs would
then be incorporated into the CDC’s application to HUD, which is the arm
of the federal government that budgets the CDBG program.
For Fiscal Year 2018-19 staff is anticipating a new allocation of
approximately $204,382 and there is also $127,775 of unallocated funds
that have been carried over from prior fiscal years that are available for
the forthcoming fiscal year which will be earmarked toward Public Works
projects. The total funding available comes to $332,157. Which at this
point is an estimate. The final funding allocation number will be available
early in 2018.
For the 15 percent that can be used for Community Services programs,
staff is recommending that the monies go to the two applicants that
submitted requests for funding, the City for its senior programs and The
Service Center for Independent Life. One revision that has been made in
staff’s recommendation from what was shown in the staff report published
on Friday, is a recommended distribution of $22,657 for the Seniors
Programs and $8,000 for the proposed CIL program. The CDC program
requirements mandate that the City allocates at least $10,000 for an
individual program and as such, staff proposes to shift $2,000 from the
Senior Programs to the SCIL Program to be in compliance.
The Senior Programs have been supported by the City for many years
which is administered by the City’s Parks and Recreation Department.
The funding allocation and programming is done through collaboration
between the Parks and Recreation Department and the City’s five Senior
Groups which results in a consolidated application from the City being
submitted for the funding. As a result, the recommended $20,657 would
be used to partially pay for staff’s salary for administering the Senior
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DECEMBER 19, 2017 PAGE 6 CITY COUNCIL
Programs with $2,400 going toward supplies needed to conduct those
programs; and, $1,000 per Senior Club for a total of $5,000 which has
traditionally been granted to cover their liability insurance.
SCIL is an Independent Living Center that is certified by the State
Department of Rehabilitation. SCIL was established in 1980 in Claremont
and currently is identified as the Independent Living Center or ILC that
serves the East San Gabriel Va lley. The SCIL funding of $10,000 will be
used for an eight-week Youth Leadership Workshop for students with
disabilities. SCIL is projecting to assist approximately 30 Diamond Bar
residents. If any monies are left unspent after the forthcoming Fiscal Y ear
it would go into the unallocated funds that would then be carried over for
other purposes.
As previously indicated, the $173,725 which comprises 85 percent of the
new funding allocation as well as, the new carryover monies would go
toward Public Works project and Home Improvement funding. For the
Public Works portion, the funding is proposed for the Area 6 Curb Ramps
Improvements and would include about 64 ADA Curb Ramp upgrades and
installation which would be followed by the Area 6 Roadway Rehabilitation
program. Only the ADA ramps are eligible for the CDBG funding.
The Home Improvement Program has been in effect for several years.
Funds are provided in the form of a zero-interest deferred loan of up to
$20,000. As in years past, it is recommended that $100,000 of the funds
go toward the Home Improvement program. There are currently two
applications in process and staff hopes to have four or more projects by
the end of the fiscal year end.
MPT/Herrera asked how residents determine the availability of the Home
Improvement Program. She knows there are homeowners throughout the
City that have great need and minimum funds who could take advantage
of this program.
CDD/Gubman said that information is provided through the City’s social
media tools, via DB Connection and outreach through community groups
and other locations, as well as at City events where brochures are made
available to encourage participation.
C/Lyons asked if mostly seniors were taking advantage of the Home
Improvement Program.
CDD/Gubman responded that about half are seniors. There has been a
fairly even split between seniors and households that meet the income
qualifications.
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C/Lyons said that if it was predominately seniors the City senior groups
should know about the program. It concerns her that there is such a large
carryover from the current fiscal year which represents six additional
households that could have been helped. Perhaps the Public Information
Division could help. She would prefer to see the fu nds used rather than
have a carryover.
C/Lyons said that last year the organization provided assistance to modify
homes to make it easier for the residents to live in them and now they
propose to hold an eight-week 8-5 conference. What kind of experience
do they have in putting on such a conference and what shape would it
take and what would be covered.
Larry Grable, Executive Director for SCIL , responded that SCIL completed
its first course about two months ago. This is a one -hour course held
once a week for the eight weeks during which items such as
transportation, career prep, college prep, help, leadership are discussed
and the mayor is invited to speak to the group to talk about possibilities of
getting onto a commission in the city. This is not just a teaching
conference for children, parents are involved as well. Parents and kids
are separated and each are taught the same curriculum, but the
conversations within the two groups go in completely different directions
and at the end of the evening they are brought together to bring the
discussions together.
C/Lyons asked Mr. Grable to discuss the expected outcomes of the
program.
Mr. Grable said that to date, one of the previous participants is now a
board member at SCIL. The goal is to help build a resume by the end of
the class or tow to move forward into a class or college prep of their
choosing, how to access public transportation and paratransit. The
program includes individuals ages 16 to 24.
M/Low asked how SCIL gets participation of Diamond Bar residents.
Mr. Grable said the organization plans to visit the two school districts that
encompass Diamond Bar to get their disability department to help SCIL
get the students to the program. The hope is that the conference can be
held on campus.
M/Low asked how this program is not redundant to what is already
available.
Mr. Grable said there is nothing available like what SCIL is doing. He has
been to Washington, D.C. and Youth Leadership Programs and his
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DECEMBER 19, 2017 PAGE 8 CITY COUNCIL
intention is to keep doing what SCIL is doing by bringing the parents into
the conference.
M/Low asked how many students SCIL was helping during the current FY
2017-18.
Mr. Grable explained that eight students and eight sets of parents were
included in the recent conference and SCIL plans on doing four such
classes in the next Fiscal Year.
M/Low asked what the funding is for SCIL.
Mr. Grable stated that SCIL is federally funded and uses what it can to
make these conferences happen.
Mr. Grable said the organization is 40 years old; however, this is an
unfunded mandate and SCIL has to find the funds to do it.
C/Tye asked if the entire $10,000 had been used for home tools.
Mr. Grable said not at all.
MPT/Herrera and C/Lyons spoke about getting the word out which has
been SCIL’s biggest problem. They have visited every geriatrician and
library and locations where flyers can be dropped off and were not getting
any participation. When he came in and dropped the application for the
City’s grant he took the diversion person over to the Walmart Market and
talked with the manager where he was able to set up a booth and do an
outreach a week later during which he was able to gain two participants.
They will go back to Walmart next week to do the same thing.
C/Tye asked whether there was any marketing beyond geriatrician,
libraries and senior groups.
Mr. Grable explained that their marketing is outreach.
C/Tye asked if Mr. Grable had visited senior groups in Diamond Bar.
Mr. Grable said that his group has and they are on a list to speak to the
groups.
C/Tye asked what Mr. Grable would do if the high schools were unable to
accommodate him on their campus where the meetings would be held.
Mr. Grable said they are looking at the library and they have a facility in
Claremont but he would prefer to bring the class to the participants.
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C/Tye asked if transportation would be included.
Mr. Grable said there is funding in the grant for transportation to help with
access services and the possibility of some other paratransit facilities to
get them to the class.
C/Lin asked if the leftover funds could be applied to ADA ramp
improvements.
CDD/Gubman explained that at the end of 2018 there is money that has
not been spent in the Home Improvement Program or Senior Programs or
the SCIL program, those monies would go back into the Unallocated Fund
which would then be available to be put into Capital Improvement
Projects.
M/Low said the Home Improvement Program consists of loans that will be
paid back and in theory that pot of money does not go away because as
the monies are repaid the money is available to be loaned again.
CDD/Gubman said that the money is limited to the Public Works projects
and cannot be loaned to another household. The LACDC rules must be
followed.
C/Tye said that if the City loans $100,000 and the money is paid back to
the City when the home is sold, and for conversation’s sake, that happens
in the same Fiscal Year, that $100,000 cannot be rolled over to people
who need their homes improved and cannot afford it?
CDD/Gubman said that was correct. While the City appreciates the
money it receives, the bulletins that constantly come out are very difficult
to trace back to some guiding principle.
C/Tye said it might be a good idea to go to the County Supervisor to
redress this program and make it as effective as possible for the people
who really need it, agree on a number and then put it into Public Works.
To him, it is not okay to continue to accept that is t he way it is done
because that is the way it has always been done.
CM/Fox said staff could have those conversations with the County. In
reality, those funds are reinvested indirectly because they do come back
to the City’s unallocated balance which goes into Public Works projects
which means the City does not need to allocate as much to Public Works
to refund the Home Improvement Program. While it may seem that a
fresh $100,000 is going into the program, the City can do that because it
does not have to put as much into the Public Works project which is to the
benefit of the community.
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DECEMBER 19, 2017 PAGE 10 CITY COUNCIL
M/Low opened the Public Hearing.
With no one wishing to speak on this matter, M/Low closed the Public
Hearing.
MPT/Herrera moved to adopt Resolution No. 2017-36 approving the
CDBG Funding Allocation for Fiscal Year 2018 -2019 as revised. 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
8. COUNCIL CONSIDERATION:
8.1 ANNUAL APPOINTMENTS OF COUNCIL MEMBERS TO SERVE ON
LOCAL AND REGIONAL BOARDS, COMMISSION AND COMMITTEES.
RATIFY CITY COUNCIL COMMITTEE APPOINTMENTS AND ADOPT
RESOLUTION NO. 2017-XX: CONFIRMING THE APPOINTMENT OF
SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS.
MPT/Herrera moved, C/Lyons seconded, to ratify City Council Committee
Appointments and Adopt Resolution No. 2017-37: Confirming the
appointment of specific representatives to the San Gabriel Valley Council
of Governments as listed above. 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
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye congratulated the participants and winners of the Through My Lens
contest, one of the many programs supported by the Diamond Bar Community
Foundation. Anyone who is interested in being involved with the Foundation is
asked to call President Lew Herndon who was present for tonight’s presentation
and can be reached at 909-437-6366. He reminded everyone that street
sweeping takes place every week in the months of December and January so
please remember to keep the streets free of vehicles on those designated days.
He asked that information regarding the SCIL program relative to the offer to help
with home improvements accessibility be placed on the City’s website. Merry
Christmas and a very safe and Happy New Year to all.
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DECEMBER 19, 2017 PAGE 11 CITY COUNCIL
MPT/Herrera wished C/Tye a belated birthday. She thanked staff for their hard
work in helping her to prepare comments for the California Transportation
Commission meeting a week ago which she attended along with CM/Fox and
PWD/Liu to give testimony before the commissioners about the importance of the
receiving funding from SB1 monies for the SR57/60 Confluence Project. She
thanked PWD/Liu for his work in providing excellent comments which covered
every point. It was time well-spent. She wished everyone a Merry Christmas and
a Happy New Year.
C/Lin attended the LA County Sanitation District No. 21 meeting which will be his
last meeting as Mayor. He was pleased to tell M/Low that the District is in g ood
hands and next month she can attend the meeting. It was a great photo contest.
As an amateur photographer, these were world -class photos and this is one of
the great events that the City and the Diamond Bar Community Foundation
sponsor and residents are encouraged to compete for awards and prizes. Merry
Christmas, Happy New Year and don’t drink and drive!
C/Lyons thanked her colleagues for their continued confidence in the San Gabriel
Valley Council of Governments and Alameda Corridor East Construction
Authority. It is very fitting that the Alameda Corridor East Construction Authority
continues its operation as a Division of the San Gabriel Valley Council of
Governments and is very exciting that it is taking place. The Council’s vote on
this amendment put the Resolution over the top and now there are enough cities
that have voted “yes” to make it happen. She expressed her appreciation for law
enforcement’s great job last week with a number of different opportunities
presenting themselves. In one case, one of the deputies apprehended four
suspects who had just burglarized a Diamond Bar home. Last Sunday she
attended the Heart of Hope Christmas Music Concert. Heart of Hope puts high
school students together with special needs children who every week enjoy
crafts, sports and music. Twice a year they perform in a concert. The afternoon
was filled with music, heart-melting love and the Christmas Spirit. Merry
Christmas and may the New Year bring Prosperity and Health to all.
M/Low said it is difficult to believe we’re at the end of 2017 and this is the
Council’s last meeting for the year. This has been quite a year beginning with a
Snowfest followed by summer and winter concerts, eating ou r way through a
delicious Restaurant Week, and enjoying robust and fun recreation classes and
activities for all ages. The City welcomed City Manager Dan Fox to the Diam ond
Bar family six months ago. The City finished a trail, refurbished a park, welcomed
Sprouts and other new businesses into town. This has been quite a year. She
thanked staff for all of their hard work this year. Diamond Bar is an award -
winning city because of its award-winning staff. Thank you and congratulations.
Keep up the good work. Staff is creative, diligent and Council and resi dents
appreciate that staff works as a team which really helps the City. It has been
great fun working with her fellow councilmembers. Much was accomplished this
year and she looks forward to 2018. To the residents of Diamond Bar, Happy
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DECEMBER 19, 2017 PAGE 12 CITY COUNCIL
Holidays, Happy New Year and all best wishes for 2018.
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 7:47 p.m. to January 16, 2018.
___________________________________
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2018.
Ruth M. Low, Mayor
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Agenda #: 6.2
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED DECEMBER 15, 2017
THROUGH JANUARY 10, 2018 TOTALING $ 1,442,373.97.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $1,442,373.97.
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 15, 2017 through
January 10, 2018 for $ 1,442,373.97 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 a ppropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
6.2
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REVIEWED BY:
Attachments:
1. 6.2.a Check Register Affidavit 1-16-18
2. 6.2.b Check Register 1-16-18
6.2
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6.2.a
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Agenda #: 6.3
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: A LAND AND WATER CONSERVATION GRANT APPLICATION FOR
THE DESIGN AND CONSTRUCTION OF THE FUTURE SUNSET
CROSSING PARK PROJECT.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2018-XX approving a Land and Water Conservation grant
application in the amount of $2.5 million dollars, and authorizing the City Manager, or
designee, to execute and submit all documents necessar y to accept, administer and
expend the grant funding.
FINANCIAL IMPACT:
The Land and Water Conservation Fund (LWCF) grant could be used to fund eligible
the future park and requires a 50% match from the City. If the City’s LWCF grant
request of $2.5 million dollars is approved, and the City accepts the grant, the remaining
match funds may be secured through other grant programs such as the Habitat
Conservation Fund, or through existing City funding sources such as LA County
Measure A funds, park development funds, or general fund resources.
BACKGROUND:
The future Sunset Crossing Park is located at the terminus of Sunset Crossing Road
adjacent to the Diamond Bar PONY baseball fields. The City acquired two parcels in
August 2017 from the YMCA totaling approximately three (3) acres in area which were
previously used as baseball fields and open space. Design and construction of the
future Sunset Crossing Park are being planned as part of the upcoming five year Capital
Improvement Project budget. There are no existing City owned or operated park
facilities in the surrounding neighborhood, so this project would help improve park
accessibility to area residents.
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DISCUSSION:
The application for the LWCF grant is due February 5, 2018 is being prepared by City
Manager’s Department, in collaboration with Public Works and Parks and Recreation.
This project will develop the parcels acquired from the YMCA located along northern
Sunset Crossing Road adjacent to the Diamond Bar PONY baseball fields into a
neighborhood park. The park is envisioned to be more passive in design given the
existing ball fields immediately adjacent, and may include features such as open play
areas, a playground with rubberized surfacing, swing set, picnic tables, shade
structures, benches, trash receptacles, entry monument sign, and parking. Once a
design team is assembled, there will be community outreach meetings to help select
park amenities, features and design alternatives to the neighborhood park. Because
the future park is in a location that is park deficient, staff will work closely will the
neighborhood similar to other recent park development projects.
Council action adopting the attached Resolution enables the City to apply for grant
funding for the design and construction of the new neighborhood park. The LWCF grant
is competitive, with the best grant applications selected to receive funding. If the City’s
grant application is approved, the grant contract will be executed by the City Manager.
However, no work will commence on the project until the City Council approves the
design and construction agreements for the park development and construction.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.3.a Resolution 2018-XX, LWCF Grant Application
2. 6.3.b Diamond Bar Sunset Crossing Grant Application Cover
3. 6.3.c Sunset Crossing Park Boundary Map
4. 6.3.d LWCF Application Guide 10.9.2017
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RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING THE
APPLICATION FOR LAND AND WATER CONSERVATION
FUND SUNSET CROSSING PARK PROJECT
WHEREAS, the Congress under Public Law 88 -578 has authorized the
establishment of a federal Land and Water Conservation Fund Grant -In-Aid program,
providing Matching funds to the State of California and its political subdivisions for
acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and procedures
governing Applications by local agencies under the program; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR HEREBY:
1. Approves the filing of an Application for Land and Water Conservation Fund
assistance for the proposed Sunset Crossing Park Project; and
2. Agrees to abide by Section 6(f)(3) of Public Law 88 -578 which states “No
property acquired or developed with assistance under this section shall, without
the approval of the National Secretary of the Interior, be converted to other than
public outdoor recreation uses. The Secretary shall approve such conversion
only if he finds it to be in accord with the then existing comprehensive statewide
outdoor recreation plan and only upon such conditions as he deems necessary to
assure the substitution of other recreation properties of at least equal fair market
value and of reasonably equivalent usefulness and location.” and
3. Certifies that said agency has Matching funds from eligible source(s) and can
finance 100 percent of the Project, which up to half may be reimbursed; and
4. Appoints the City Manager as agent of the Applicant to conduct all negotiations
and execute and submit all documents, including, but not limited to, Applications,
Contracts, amendments, payment requests, and compliance with all applicable
current state and federal laws which may be necessary for the compl etion of the
aforementioned Project.
PASSED, APPROVED, AND ADOPTED this 16th day of January, 2018.
______________________________
Ruth M. Low, Mayor
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2
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do
hereby certify that the foregoing Resolution No. 2018-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 16th day of January, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
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State of California – The Resources Agency
Department of Parks and Recreation
Land and Water Conservation Fund
Application Form – Local Agency Competitive Program
PROJECT NAME Total Project Cost $
Maximum Grant Request $
Minimum Grant Request $
(Match will be the difference between the approved
grant amount and the above total project cost.)
Nearest Cross Street County of Project
GRANT APPLICANT (entity applying for the Grant) Grant Applicant’s Mailing Address
Project Address Latitude and Longitude
Degrees:
Minutes:
Seconds:
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
DAY-TO-DAY CONTACT for ADMINISTRATION of the GRANT (if different from AUTHORIZED
REPRESENTATIVE)
Name (typed or printed) and Title Email address Phone
For Acquisition:
Total land acquired will be acres.
Total acreage to be placed under 6(f)(3) Protection
shown on the Boundary Map will be acres:
For Development:
Total acreage to be placed under 6(f)(3) Protection
shown on the Boundary Map will be acres:
GRANT SCOPE: I represent and warrant that this Application Packet describes the intended use of the
requested Grant to complete the Recreation Features and Major Support Amenities listed in the attached
Grant Scope/Cost Estimate Form. I agree with the Application and procedural requirements described in the
Application Guide. I declare under penalty of perjury, under the laws of the State of California, that the
information contained in this Application Packet, including required attachments, is accurate.
Signature Authorized Representative as shown in Resolution Date
Print Name:
Title:
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PARK LOCATION
FUTURE PARK
LOCATION
CURRENT YMCA SITE
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October 3, 2017 Draft
APPLICATION GUIDE
for Local Agencies
LAND AND WAT ER
CONSERVATION FUND
(LWCF)
State of California
Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services
“Creating Community through People, Parks, and Programs”
Send Applications and Correspondence to:
Street Address for Overnight Mail:
Calif . Dept. of Parks and Recreation
Off ice of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: www.parks.ca.gov/grants
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Department Mission
The mission of the California Department of Parks and Recreation is to provide for the
health, inspiration, and education of the people of California by helping to preserve the
state's extraordinary biological diversity, protecting its most valued natural and cultural
resources, and creating opportunities for high-quality outdoor recreation.
The Office of Grants and Local Services (OGALS) Mission Statement
The mission of the Office of Grants and Local Services is to address California's
diverse recreational, cultural and historical resource needs by developing GRANT
programs, administering funds, offering technical assistance, building partnerships and
providing leadership through quality customer service.
OGALS Vision Goals
Proactive in meeting California's park and recreation needs through innovative
GRANT programs and customer service.
Committed to providing quality customer service in every interaction and transaction
as honest, knowledgeable, and experienced GRANT administrators.
Sensitive to local concerns while mindful of prevailing laws, rules and regulations.
Responsive to the needs of APPLICANTS, GRANTEES, nonprofit organizations, local
governments, and legislative members, who are our partners working to improve
the quality of life for all Californians by creating new parks and recreation
opportunities.
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T ABLE OF C ONTENTS
LWCF OVERVIEW .......................................................................................................... 3
LW CF Legacy .................................................................................................................. 3
Eligible Local Agency Applicants ..................................................................................... 4
Grant Amount and Grant Request Range ........................................................................ 4
Match and Rate of Reimbursement ................................................................................................................. 4
Eligible Projects ............................................................................................................... 6
Application Process and Timeline .................................................................................. 10
Application Eligibility Card ....................................................................................................................... 13
APPLIC ATION P ACKET ............................................................................................... 15
APPLICATION PACKET CHECKLIST .................................................................................................................. 16
Project Selection Criteria .................................................................................................................................................... 24
ELIGIBLE COSTS CHARTS ......................................................................................... 62
DEFINITIONS ......................................................................................................................... 66
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OGALS WELCOMES YOU
to the Local Agency Land and Water Conservation Fund (LWCF)
Competitive Program
Use this guide for the APPLICATION process. The APPLICATION process for LOCAL
AGENCIES is COMPETITIVE.
OGALS recommends that you review the GRANT ADMINISTRATION GUIDE and the POST
COMPLETION PARK STEWARDSHIP GUIDE before sending your APPLICATION to OGALS.
The GRANT ADMINISTRATION GUIDE contains important information about
administrative requirements for APPLICATIONS that receive GRANT awards
(GRANTEE requirements).
The LWCF PARK STEWARDSHIP GUIDE contains important information about the operation
and maintenance requirements in PERPETUITY for land within a 6(f)(3) BOUNDARY MAP
approved by the National Park Service (NPS).
See page 66 for the definitions of words and terms shown in
SM ALL CAPS that appear throughout this guide.
Please call or email OGALS with any questions or comments.
OGALS contact information is listed on the front cover of this guide.
You can find more information about OGALS grant programs at
www.parks.ca.gov/grants. The website features a link to OGALS LW CF page, which
provides technical assistance materials and updates, staff contacts, the GRANT
ADMINISTRATION GUIDE and the LWCF PARK STEW ARDSHIP GUIDE.
Visit OGALS on Facebook to learn about successful projects.
Why Parks Matter
PARKS are unique places where children play, people exercise, families bond, seniors
socialize, youth are mentored, cultures share and celebrate their differences, and
everyone connects with nature. For these reasons, vibrant PARKS funded by this
program will be a cost-effective means of creating humane, livable communities.
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LWCF O ver view
Pages 3 through 14 of this section provide the following overview information:
1. LW CF Legacy
2. Eligible LOCAL AGENCY APPLICANTS
3. GRANT Amount and GRANT REQUEST RANGE
4. MATCH and RATE OF REIMBURSEMENT
5. ELIGIBLE PROJECTS
6. APPLICATION Process and GRANT PERFORMANCE PERIOD
7. APPLICATION Eligibility Card
LWCF Legacy
On February 14, 1963, President Kennedy’s Administration proposed legislation to
establish a "Land and Water Conservation Fund" to assist States in planning,
ACQUISITION, and DEVELOPMENT of recreation lands. With bipartisan support,
President Johnson signed it into law on September 3, 1964, as Public Law 88 - 578,
16 U.S.C.460l-4.
The National Park Service (NPS) administers the LWCF program at the federal
level. Previously, the federal BUREAU OF OUTDOOR RECREATION administered
the LWCF program from 1964 to 1978 and the HERITAGE CONSERVATION &
RECREATION SERVICE administered it from 1978 to 1981. Funds allocated to
California are administered by the DEPARTMENT under the provisions of the
California Outdoor Recreation Resources Plan Act of 1967, (Public Resources Code
§5099 et seq.). Outer Continental Shelf mineral receipts, sales of federal surplus
real property, federal recreation fees, and federal motorboat fuel taxes all serve as
funding sources for the LWCF.
When an LWCF PROJECT is completed, the land within the approved 6(f)(3)
BOUNDARY MAP is placed under federal protection to preserve the public’s
outdoor recreational use of the site in PERPETUITY for the benefit of our nation’s
future generations.
This PARK protection legacy is based on the provision of Section 6(f)(3) of the LWCF
Act. Thousands of parks throughout California will remain as perpetual monuments
to the foresight of President Kennedy’s Administration and the American people .
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Eligible Local Agency Applicants
Cities and Counties
Federally recognized Native American tribes
JOINT POWERS AUTHORITIES (JPA) where all members are public agencies. A JPA
can include a State agency if at least one member is a local (non-State) public
agency or district formed for the purpose of providing PARK and recreation areas.
Non-State agency recreation and PARK districts and special districts with authority
to acquire, operate, and maintain public PARK and recreation areas.
Maximum Grant Amount per Application
$3,000,000 is the maximum GRANT request amount. However, the APPLICANT
may establish a GRANT REQUEST RANGE as explained at
www.parks.ca.gov/grants_LWCF.
The maximum GRANT request amount cannot exceed 50% of the TOTAL PROJECT
COST.
Match Requirement
MATCH is no less than 50% of the TOTAL PROJECT COST. In other words, MATCH
can range from 50% to 99% of the TOTAL PROJECT COST.
The LWCF GRANT amount can fund no more than 50% of the TOTAL PROJECT COST.
In other words, the LWCF GRANT amount can range from 1% to 50% of the TOTAL
PROJECT COST.
The full GRANT amount is reimbursed when the GRANTEE has shown ELIGIBLE
COSTS paid for by both the LWCF GRANT amount and the MATCH (TOTAL PROJECT
COST).
Eligible MATCH sources are explained on page 45.
Rate of Reimbursement and Match Calculation
The RATE OF REIMBURSEMENT is calculated as the percentage of the LWCF GRANT amount
in relation to the TOTAL PROJECT COST established by the APPLICANT at the time of
APPLICATION.
For each payment request, OGALS can only reimburse the RATE OF REIMBURSEMENT
percentage out of 100% of the ELIGIBLE COSTS listed on a Grant Expenditure Form by the
GRANTEE.
For guidance about the RATE OF REIMBURSEMENT and MATCH, please go to
www.parks.ca.gov/grants_LWCF.
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Amount of Funds Available to Eligible Local Applicants
There are three potential LW CF funding sources:
1. Annual APPORTIONMENT TO CALIFORNIA.
2. UNOBLIGATED FUNDS from previous APPORTIONMENTS TO CALIFORNIA.
3. STATE REAPPORTIONMENT ACCOUNT funds from previous APPORTIONMENTS
TO CALIFORNIA.
OGALS cannot predict the future amounts of each annual APPORTIONMENT TO CALIFORNIA
or possible UNOBLIGATED FUNDS or STATE REAPPORTIONMENT ACCOUNT funds that may or
may not become available each federal fiscal year.
The off icial APPORTIONMENT TO CALIFORNIA is known when Congress appropriates
the funds and NPS notifies OGALS. The federal fiscal year starts on October 1.
Approximately 60% of the annual APPORTIONMENT TO CALIFORNIA is made
available for LOCAL AGENCY COMPETITIVE GRANTS.
The remaining approximately 40% of the APPORTIONMENT TO CALIFORNIA is
available to eligible STATE AGENCIES on a PRO-RATA COMPETITIVE basis (see the
Application Guide for State Agencies).
The above percentages are referenced in Public Resource Code §5099.
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Eligible Projects
ACQUISITION PROJECT
DEVELOPMENT PROJECT
The APPLICATION must only be for ACQUISITION or DEVELOPMENT.
Combination PROJECTS are not eligible. These ACQUISITION or DEVELOPMENT
PROJECTS may include but are not limited to the following examples.
All projects must meet at least one SCORP priority. See page 22 for more
information.
The next two pages provide examples of eligible projects.
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Acquisition Examples:
ACQUISITION to create a new PARK
ACQUISITION to EXPAND or provide a buffer for an existing PARK
ACQUISITION to provide a wildlife corridor
ACQUISITION to provide a recreational/active transportation trail corridor that connects
neighborhoods to workplaces, schools, homes, and other recreational opportunities
ACQUISITION must result in a NEW RECREATION OPPORTUNITY for the public within three
years after the completion of the ACQUISITION. Only a phase that creates a fully-
useable recreational opportunity must be completed and open to the public within
three years after the completion of the ACQUISITION.
In some cases, the ACQUISITION property may not require DEVELOPMENT at all within
three years after the ACQUISITION. Examples include:
An existing fire or safety road in the ACQUISITION property is in proper condition to
be readily useable as a trail or walking pathway.
EXPANSIONS: The ACQUISITION property is adjacent to an existing PARK, and the
purpose of the ACQUISITION is to serve:
o as a buffer to protect the VIEWSHED of the PARK for current and future
generations of PARK visitors. In this case, enjoying the VIEWSHED is a
recreation opportunity for the PARK visitors.
o as a buffer to protect a wildlife corridor for current and future
generations, where visitors of the existing PARK come to enjoy
watching wildlife.
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Development Examples:
DEVELOPMENT of RECREATION FEATURES must be for outdoor recreation, not
indoor recreation.
LW CF funds are intended to increase outdoor recreational opportunities for
the health and wellness of Californians.
These examples are not intended to show a preference from OGALS.
RECRE ATION FEATURE
MAJOR SUPPORT AMENITY
athletic fields (soccer regulation or “futbol
rapido”, baseball, softball, football, etc.)
athletic courts (basketball, tennis, “futsal” etc.)
community gardens
dog parks
OPEN SPACE and natural areas
outdoor gyms (aerobic or strength building
equipment)
outdoor perf orming arts venues
picnic areas
play grounds and tot lots
recreational trails
skate parks and BMX or pump tracks
tracks, jogging loops, and par courses
outdoor swimming pools and aquatic features
Restroom buildings
and parking lots
Additions that enhance
the use and appearance
of the PARK including
landscaping, public art,
and safe public use
features such as lighting.
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Eligible Projects: Statewide Comprehensive Outdoor Recreation Plan
(SCORP) Priorities
The Statewide Comprehensive Outdoor Recreation Plan (SCORP) is
updated every five years to evaluate demand, supply, and priorities to
protect existing and create new public outdoor recreation resources.
Priorities identif ied in the SCORP drive the Project Selection Criteria through
the OPEN PROJECT SELECTION PROCESS.
This Application Guide’s OPEN PROJECT SELECTION PROCESS includes the SCORP
action priorities listed below linked with the COMPETITIVE PROJECT Selection Criteria
starting on page 24.
At least one of the SCORP priorities (listed in the PROJECT Selection Criteria starting
on page 24) must be met for NPS to approve a PROJECT. PROJECTS that address
more than one SCORP priority will be more COMPETITIVE compared to other state
wide APPLICATIONS.
The APPLICANT’S response to the Proposal Description/ Environmental Screening
Form (PD/ESF) Step 2.D Question # 10, will also inform NPS how the PROJECT will
meet a SCORP priority(s). The PD/ESF is explained on page 54.
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Application Deadline
OGALS will announce the application deadline approximately six months prior to the
due date posted at www.parks.ca.gov/grants_LWCF.
OGALS may combine multiple federal fiscal year apportionments into one
competitive application cycle. A competitive application cycle may not occur
annually.
Application Process and Timeline
1. Review this guide to understand the COMPETITIVE APPLICATION requirements.
Use the Eligibility Card beginning on page 18 as a guide for PROJECT
selection to meet basic federal requirements.
Use the SCORP Priorities and Project Selection Criteria on pages
22-24 to help conceptualize a competitive APPLICATION.
Use the APPLICATION Checklist on page 13 to submit a complete
o APPLICATION by the APPLICATION deadline.
2. Review the GRANT ADMINISTRATION GUIDE to understand DPR’S GRANT administration
requirements (see 6 below). Review the LW CF PARK STEW ARDSHIP GUIDE to
understand the Federal requirements in PERPETUITY.
3. Send the APPLICATION PACKET to OGALS postmarked or hand delivered by the
APPLICATION deadline.
The APPLICATION PACKET section, beginning on page 15,
provides directions and forms.
APPLICATIONS will not be accepted after the APPLICATION deadline
explained above.
4. OGALS will review the APPLICATIONS for approximately four months.
5. Applicants will be notified when recommended APPLICATIONS are forwarded to NPS.
6. OGALS issue GRANT CONTRACTS when NPS approves (OBLIGATES) the project for
funding. The GRANT ADMINISTRATION GUIDE will then be used by GRANTEES.
APPLICANTS become GRANTEES when its CONTRACTS are signed by its AUTHORIZED
REPRESENTATIVE and DPR.
NPS approves (OBLIGATES) the PROJECT for funding when the official
APPORTIONMENT TO CALIFORNIA is approved at the federal level. This
approval typically occurs after October.
The W AIVER OF RETROACTIVITY is an option for urgent PROJECTS since it can take
nine months or more after the application deadline before OGALS can issue the
GRANT CONTRACTS. See page 41 for more information.
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7. If the GRANT PROJECT is withdrawn after NPS approved (OBLIGATED) the PROJECT, the
unspent funds will be reallocated into the STATE REAPPORTIONMENT ACCOUNT
f ollowing the Reallocation Process below.
8. Unspent GRANT Balances: If the actual final TOTAL PROJECT COST is less than the
TOTAL PROJECT COST identified in the APPLICATION, the GRANT reimbursement will
also be less than the original GRANT amount. The GRANT reimbursement will be for
the “RATE OF REIMBURSEMENT” multiplied by the actual, final, TOTAL PROJECT COST.
See “RATE OF REIMBURSEMENT” rules explained at www.parks.ca.gov/grants_lwcf.
The final, unpaid GRANT balance will be reallocated into the STATE
REAPPORTIONMENT ACCOUNT following the Reallocation Process described below.
Reallocation Process
Due to the need to OBLIGATE Federal LW CF funds, the following process occurs if a
“reason for reallocation” is applicable as explained in the APPLICATION Process
above.
1. If a GRANTEE is unable to utilize the funds as explained in 7 or 8 above, the funds
will be reallocated by the DPR to a complete and ready APPLICATION.
2. Complete and ready APPLICATIONS are those that the DPR approves to be immediately
f orwarded to NPS by OGALS for NPS funding consideration when a reason to reallocate
as explained above becomes applicable. These “pipeline” APPLICATIONS are
recommended by OGALS through a previous or current Local Agency COMPETITIVE
APPLICATION cycle, or selected by the DPR Director.
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GRANT PERFORM ANCE PERIOD
The chart below summarizes the GRANT PERFORMANCE PERIOD and when
ELIGIBLE COSTS may be incurred. Also see the ELIGIBLE COSTS Chart on
page 68.
When ELIGIBLE COSTS may be
Incurred
Type of Cost and Situation
1. Up to three years before the
APPLICATION is submitted.
PRE-AW ARD PROJECT PLANNING COSTS only.
See page 39 for guidance.
2. After the APPLICATION is
submitted and before NPS
OBLIGATES f unds to the
APPLICATION.
ACQUISITION or DEVELOPMENT if a W AIVER OF
RETROACTIVITY is requested at the time of
APPLICATION and the W AIVER OF
RETROACTIVITY is approved by NPS. See
page 41.
3. After NPS OBLIGATES funds to the
PROJECT for a three year GRANT
PERFORMANCE PERIOD (NPS
approval date).
All ELIGIBLE COSTS. See the ELIGIBLE COSTS
Chart on page 62.
4. After the GRANT PERFORMANCE
PERIOD.
No costs can be paid.
Boxes 1-2 above are the only circumstances when costs can be incurred before NPS
OBLIGATES the funds (before NPS approves the APPLICATION).
Costs incurred before NPS OBLIGATES the funds can be eligible for
reimbursement if they qualify as PRE-AW ARD PROJECT PLANNING COSTS or if a
W AIVER OF RETROACTIVITY has been approved.
Costs incurred before a CONTRACT is signed by the AUTHORIZED
REPRESENTATIVE and DPR, are at the APPLICANT’S own risk. Submitting an
APPLIC ATION does not guarantee funding in this COMPETITIVE program.
Approval of a WAIVER OF RETROACTIVITY does not guarantee funding in this
COMPETITIVE GRANT program.
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Application Eligibility Card
This technical assistance card is not an APPLICATION requirement.
This Card covers significant issues that APPLICANTS and GRANTEES must be aware of to
succeed in this federal program.
Use the Eligibility Card on the following page to select a COMPETITIVE PROJECT that will
meet the APPLICATION, GRANT administration, and POST COMPLETION PARK STEWARDSHIP
requirements.
Select a different PROJECT if one or more answers are “no.”
A “no” means the APPLICATION/PROJECT w ould be ineligible.
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LWCF Application Eligibility Card
APPLICATION Requirement
Yes
No
1 SCORP: Does the PROJECT meet at least one of the
ACQUISITION or DEVELOPMENT SCORP action priorities
listed beginning on page 22, and did the APPLICANT
consider the PROJECT Selection Criteria beginning on
page 24?
□ eligible
□ ineligible
2 ACQUISITION PROJECT: W ill the APPLICANT become the
land owner through the ACQUISITION?
Or
DEVELOPM ENT PROJECT: Is the APPLICANT the land
owner at the time of APPLICATION?
□ eligible
□ ineligible
3 6(f)(3) Map and PERPETUITY
W ill the entire PARK shown on the 6(f)(3) BOUNDARY
MAP, using the map checklist on page 47, be
protected, operated, and maintained according to the
POST COMPLETION PARK STEW ARDSHIP GUIDE?
□ eligible
□ ineligible
4 W ill the PROJECT Selection Criteria beginning on page
24 (including Step 2D questions 9a & 9b of the
PD/ESF) be submitted by the APPLICATION deadline?
And, will the rest of the APPLICATION Checklist items
listed on page 16, including Section 106, CEQA, and
the NPS Proposal Description/Environmental Screening
Form (PD/ESF), be completed by the
APPLICATION deadline or within 60 days after the
APPLICATION deadline?
□ eligible
□ ineligible
5 The APPLICANT understands the MATCH and RATE OF
REIMBURSE MENT explained beginning on page 4, and
has funds to “cash-flow” 100% of the PROJECT costs
before reimbursement.
□ eligible
□ ineligible
6 PROJECT COMPLETION Date:
W ill be completed no later than 3 years from the start
date of the GRANT PERFORMANCE PERIOD?
□ eligible
□ ineligible
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Application Packet
Instructions for submittal of the APPLICATION PACKET
Send two unbound APPLICATION PACKETS: one with original signatures, and one
copy.
Items 1 through 15 below are required for all APPLICATIONS, no matter the
PROJECT type.
o Items 16 through 18 are required for ACQUISITION PROJECTS only.
o Items 19 through 20 are required for DEVELOPMENT PROJECTS only.
Provide APPLICATION PACKET items in the order shown in the Checklist below.
If a Checklist item is pending, provide a placeholder stating when it will be complete.
Exceptions: Item #4 Project Selection Criteria must be complete and Item #12 must
have Step 2.D. Questions 9a and 9b complete by the APPLICATION deadline.
If a Checklist item does not apply, note “N/A” and provide a brief explanation.
Send only the items shown in the Checklist. Do not send supplementary materials,
such as power point presentations, videos, or letters of support.
Directions and forms for each Checklist item can be found on the following pages.
6.3.d
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APPLIC ATION P ACKET Checklist
All APPLICATIONS (1 through 15 below)
1. APPLICATION Form ............................................................................ Page 17
2. Authorizing Resolution .......................................................................... Page 19
3. PROJECT Summary ........................................................................... Page 21
4. PROJECT Selection Criteria ............................................................... Page 24
5. GRANT SCOPE/Cost Estimate Form ................................................... Page 35
6. PRE-AW ARD PROJECT PLANNING COSTS Form (if applicable) ................ Page 39
7. W AIVER OF RETROACTIVITY Proposal Criteria (if applicable) ............... Page 41
8. Funding Sources Form .................................................................... Page 43
9. 6(f )(3) BOUNDARY MAP ........................................................................................... Page 47
10. Section 106 State Historic Preservation Office Packet .................... Page 50
11. CALIFORNIA ENVIRONME NTAL QUALITY ACT (CEQA) Compliance ............ Page 52
12. Proposal Description/Environmental Screening Form (PD/ESF) ..... Page 54
13. PROJECT Location Map ..................................................................... Page 55
14. Photos of the PROJECT SITE ................................................................. Page 55
15. Community Fact Finder or Park Access Tool Report ....................... Page 55
ACQUISITION PROJECTS only (items 16 through 18 below)
16. Public Use Plan ............................................................................... Page 57
17. UASFLA “Yellow Book” Appraisal with independent review or W aiver Page 59
18. Purchase Agreement or Other Document Showing Agreed Price ....Page 60
DEVELOPM ENT PROJECT S only (items 19 through 20 below)
19. Evidence of Land Ownership ............................................................ Page 61
20. Concept Level Site Plan ................................................................... Page 61
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Application Checklist Item # 1
LWCF Program Appli cation Form
Complete all the information requested on the LW CF APPLICATION Form shown on the
next page. Use the f illable LW CF APPLICATION Form in either PDF or W ord format at:
http://www.parks.ca.gov/grants_lwcf.
6.3.d
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State of California
The Natural Resources Agency
Department of Parks and Recreation
Land and Water Conservation Fund
Application Form
PROJECT NAME TOTAL PROJECT COST $___________
Maximum GRANT Request $___________
Minimum GRANT Request $___________
(Match will be the difference between the approved grant
amount and the above total project cost)
PROJECT PHYSICAL ADDRESS (current or
future park entrance including zip code)
Nearest Cross
Street
County of Project
GRANT APPLICANT (entity applying for the
GRANT)
GRANT APPLICANT’S Mailing Address
Project Address Latitude and Longitude Degrees:
Minutes: Seconds:
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) Title Email address Phone
DAY-TO-DAY CONTACT for ADMINISTRATION of the GRANT (if different from AUTHORIZED
REPRESENTATIVE)
Name (typed or printed) Title Email address Phone
For ACQUISITION:
Total land acquired will be __________ acres
Total acreage to be placed under 6(f)(3)
Protection shown on the BOUNDARY MAP will
be __________ acres
For DEVELOPMENT:
Total acreage to be placed under 6(f)(3)
Protection shown on the BOUNDARY MAP will
be __________
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the
requested GRANT to complete the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the
attached GRANT SCOPE/Cost Estimate Form. I agree with the APPLICATION and procedural requirements
described in the Application Guide. I declare under penalty of perjury, under the laws of the State of California,
that the information contained in this APPLICATION PACKET, including required attachments, is accurate.
__________________________________________________________________________________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name: _______________________________________ Title: ________________________________
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Application Checklist Item # 2
Authorizing Resolution
1. Fill in the blanks on the Resolution as appropriate. Ensure it is approved by
your governing body. Use the same PROJECT name that appears on the
APPLICATION Form.
2. The Resolution template may be reformatted. However, modifying the language
may delay APPLICATION approval if the changes require DPR's legal office review
or subsequent revisions.
3. Provision #4: Identify a position and/or designated positions instead of a
person’s name.
The “designated position” is responsible for signing all APPLICATION
documents. The APPLICATION Form, GRANT SCOPE/Cost Estimate Form,
Funding Sources Form, and CEQA Compliance Certification Form
“AUTHORIZED REPRESENTATIVE” signature lines must be signed by the same
“designated position” identified on the Authorizing Resolution – Provision #4.
If the AUTHORIZED REPRESENTATIVE will have another person (designee) sign
a form on their behalf, include a letter or memo from the AUTHORIZED
REPRESENTATIVE that identifies the designee’s position and the documents
they can sign. For example, indicate whether the designee is authorized to
sign all documents or list the specific documents they can sign.
4. Note: All signatures required in this application guide are the signature of the
AUTHORIZED REPRESENTATIVE or designee.
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Resolution No.
RESOLUTION OF THE (APPLICANT’s Governing Body)
APPROVING THE APPLICATION FOR
L AND AND W ATER CONSERVATION FUND
(Project Name) PROJECT
W HEREAS, the Congress under Public Law 88-578 has authorized the establishment
of a federal Land and W ater Conservation Fund Grant-In-Aid program, providing
Matching funds to the State of California and its political subdivisions for acquiring
lands and developing Facilities for public outdoor recreation purposes; and
W HEREAS, the Calif ornia Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and
procedures governing APPLICATIONS by local agencies under the program; and
W HEREAS, the APPLICANT certifies by resolution the approval of the APPLICATION and the
availability of eligible MATCHING funds prior to submission of the APPLICATION to the State;
and
NOW , THEREFORE, BE IT RESOLVED that the (Governing Body) hereby:
1. Approves the filing of an APPLICATION for Land and W ater Conservation Fund
assistance f or the proposed; (Project Name)
2. Agrees to abide by SECTION 6(f)(3) of Public Law 88-578 which states “No property
acquired or developed with assistance under this section shall, without the approval
of the National Secretary of the Interior, be converted to other than public outdoor
recreation uses. The Secretary shall approve such conversion only if he finds it to
be in accord with the then existing comprehensive statewide outdoor recreation
plan and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location.”
3. Certifies that said agency has MATCHING funds from eligible source(s) and can
f inance 100 percent of the Project, which up to half may be reimbursed; and
4. Appoints the (AUTHORIZED REPRESENTATIVE Designated Position Title) as agent of
the APPLICANT to conduct all negotiations and execute and submit all documents,
including, but not limited to, APPLICATIONS, CONTRACTS, amendments, payment
requests, and compliance with all applicable current state and federal laws which
may be necessary for the completion of the aforementioned PROJECT.
Approved and Adopted on the day of _, 20__.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by
following a roll call
vote: (APPLICANT’s Governing Body)
Ayes
Noes
Absent
(Clerk)
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Application Checklist Item # 3
Project Summary (The summary is not scored)
1. Identif y and explain what type of PARK this requested GRANT will help create,
EXPAND, or improve, using the “Type of PARK “ chart below as a guide.
Use the f ollowing headings to format the PROJECT summary (one page maximum):
Type of PARK: (identify one of the three PARK types below)
Type of PARK Explanation: (use the “Type of PARK” chart below as a general guide
to explain which of the PARK categories below best fits this proposed PROJECT SITE).
Type of PARK
County-w ide/Regional PARK or w ildlife area:
A large PARK that is generally 100 acres or more, and generally operated by a
county agency or a regional PARK district with the primary goal of serving a
county-wide population.
The County where the project is located will be selected for Project Selection
Criteria #4 and the Park Access Tool Report (APPLICATION Checklist item # 15)
City-w ide PARK:
A PARK that is generally 5 acres or more, and generally operated by a city
agency or a local PARK district with the primary goal of serving a city-wide
population.
The City where the project is located will be selected for Project Selection
Criteria #4 and the Park Access Tool Report (APPLICATION Checklist item # 15)
Neighborhood/pocket PARK:
A PARK that is generally 5 acres or less, and generally operated by a city agency
or a local PARK district with the primary goal of serving residents living within
walkin g distance.
The Community Fact Finder will be used for Project Selection Criteria #4 and
APPLICATION Checklist item # 15
2. Use the following chart format to cite and explain (up to approximately 200 words
per citation) which SCORP and LW CF priorities listed on the next page will be met
by this ACQUISITION or DEVELOPMENT PROJECT.
SCORP/LWCF
priority
citation
Explanation about how the ACQUISITION or DEVELOPMENT
meets this cited priority
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SCORP Priorities: Land and Water Conservation Fund Actions
The following six actions are established in California’s 2015 SCORP and are the basis
of the Project Selection Criteria.
1. Create new parks within a half mile of underserved communities.*
2. Expand existing parks to increase the ratio of park acreage per resident in
underserved areas.
* Use the Community Fact Finder or Park Access Tool at www.parksforcalifornia.org
to locate areas that have one of the following conditions:
Neighborhood areas that have no park within a half mile of a potential site (use
the Community Fact Finder).
Or
Cities or Counties that have more than the state average of 24% of its residents
living farther than a half mile from a park. (use the Park Access Tool)
Or
Cities or Counties with at least 62% of its residents living in areas that have less
than three acres of parkland per 1,000 people (use the “Park Access Tool”).
Or
Areas with an annual median household income that is less than $49,119 (use
the “Community Fact Finder”).
3. Renovate existing or create new outdoor facilities within existing parks not
currently under federal 6(f)(3) protection.*
* Use the Grant Allocations Tool available at www.parksforcalifornia.org or contact
OGALS if needed to determine if an existing park has been funded by LWCF in the past
and is already under federal 6(f)(3) protection.
4. Provide community space for healthy lifestyles, children’s play areas,
environmental justice, cultural activities, historic preservation.
*See pages 7-13 of the 2015 SCORP document Meeting the Park Needs of All
Californians available at www.parksforcalifornia.org/scorp
5. Engage community residents during the project concept and design process.*
*For ideas, see pages 22-23 of the 2015 SCORP document Meeting the Park Needs
of All Californians available at www.parksforcalifornia.org/scorp
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SCORP Priorities: Land and Water Conservation Fund Actions (continued)
6. Increase the inventory of California Wetlands under federal 6(f)(3) protection
that also meets public outdoor recreation needs through the efforts of multiple
agencies.
a. Create new wetlands where they previously existed and have been destroyed.
b. Acquire existing but unprotected wetlands to hold in public trust.
c. Restore, where needed, the quality of existing wetlands owned by public
agencies.
d. LWCF grants for wetlands will include public access for recreation and educational
opportunities.
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Ap plication Checklist Item # 4
Project Selection Criteria
Structure the responses to follow the same numbered and lettered order of the
PROJECT Selection Criteria below:
Project Selection Criteria
Point Value
Project Selection Criteria Title
20
1. Unmet Need
10
2. Type of PROJECT
15
3. New Acreage placed under 6(f)(3) protection
15
4. Park Deficient or Economically Disadvantaged Area
15
5. Population Served
10
6. Public Input
15
7. PROJECT Readiness
Eligibility Requirement
8. APPLICANT Capacity
Total Points: 100*
*All applications start with zero points and can gain up to 100 points. Rather than
starting with 100 points and losing points, applications start with 0 points and gain points
through the Project Selection Criteria.
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1. Unmet Need
Describe the need f or the ACQUISITION or DEVELOPMENT by answering either
A through B for ACQUISITION or C through D for DEVELOPMENT: A-B below is
f or ACQUISITION only and C-D is for DEVELOPMENT only.
A high priority PROJECT will address more than one of the SCORP priorities starting
on page 22 and will address an urgent unmet need compared to other statewide
applications.
ACQUISITION: Respond to A and B below only if ACQUISITION (three pages or less)
A. Was this land on the open-market before the purchase agreement was entered
into, or was/is there any evidence or threat that it could be available for non-
PARK DEVELOPMENT within the next two years?
See WAIVER OF RETROACTIVITY on page 41 if the ACQUISITION is urgent.
B. Why is this ACQUISITION a high priority PROJECT to serve the current and future
generations of the region, city-wide public, or neighborhood residents (based
on the type of PARK and the SCORP/LWCF priorities described in the PROJECT
summary)?
The scale below shows that 20 points will be given to high priority ACQUISITIONS.
20-15 This ACQUISITION is a high priority compared to other statewide
APPLICATIONS. 14-10 This ACQUISITION is an above average priority compared to other
statewide APPLICATIONS.
9-1 There was/is no threat that the land could be acquired for non-
PARK DEVELOPMENT within the next two years. Or, this is not a
high or above average priority opportunity compared to other
statewide ACQUISITIONS.
0 No response
DEVELOPM ENT: Respond to C and D below only if DEVELOPMENT (three pages or less)
C. Why is this DEVELOPMENT a high priority PROJECT to serve the region, city-wide
public, or neighborhood residents (based on the type of PARK and the
SCORP/LWCF priorities described in the PROJECT summary)?
D. If this proposed DEVELOPMENT is not completed in the next five years, what effect
will the continued lack of this proposed recreational opportunity(s) have on the
region, city-wide public, or neighborhood residents?
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The scale below shows that 20 points will be given to high priority
DEVELOPMENT.
20-15 This DEVELOPMENT is a high priority compared to other statewide
APPLICATIONS.
14-10 This DEVELOPMENT is an above average priority compared to
other statewide APPLICATIONS.
9-1
There is no significant effect on the region, city-wide public, or
neighborhood residents if this opportunity(s) will be unavailable
over the next five years compared to other proposed statewide
DEVELOPMENTS. The PROJECT SITE is an existing functional PARK
with adequate RECREATION FEATURES.
0 No response
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2. Type of Project
Use the f ollowing format to identify the type of PROJECT by checking the
appropriate field below based on what will be accomplished with the GRANT and
MATCH.
Type of PROJECT Check
appropriate
field
Points
ACQUISITION to create a NEW PARK □ 10
DEVELOPMENT to create a NEW PARK □ 8
ACQUISITION to EXPAND an existing PARK □ 6
DEVELOPMENT to improve an existing PARK □ 4
A maximum of 10 points will be given to ACQUISITION projects for
the creation of a NEW PARK.
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3. New acreage placed under 6(f)(3) protection
Technical assistance is available on page 47.
Provide information about PARK acreage to be placed under 6(f)(3) protection that
is not currently under 6(f) (3) protection, if the GRANT is awarded by using the
chart below:
For an ACQUISITION that will EXPAND an existing PARK, the APPLICANT can
include the PARK acreage of the existing PARK, in addition to the
proposed ACQUISITION of that parcel(s), only if the existing PARK is not
under 6(f )(3) protection.
PARK acreage already under federal 6(f)(3) protection w ill not be considered in
this criterion (meaning do not report or count the number of protected acres as
part of the response).
Type of PROJECT
Parcel
Number(s)
show n on
6(f)(3)
BOUNDARY M AP
Number of acres to
be placed under new
6(f)(3) protection
show n on the
6(f)(3) BOUNDARY MAP
ACQUISITION to create a new PARK
ACQUISITION to EXP AND an existing PARK
(can include existing PARK’S acreage only if
it is not already under 6(f)(3) protection.)
DEVELOPMENT to create a new PARK
DEVELOPMENT to improve an existing PARK
(can include existing PARK’S acreage only if
it is not already under 6(f)(3) protection.)
The scale below shows that 10 points will be given to APPLICATIONS proposing to
place new acreage under 6(f)(3) protection that is not currently already under
6(f)(3) protection.
Points
10 The APPLICATION proposes to place new acreage under 6(f)(3)
protection. All or a portion of the site is not currently under 6(f)(3)
protection
0 The entire PARK is already under 6(f)(3) protection, or no information
provided
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The scale below shows that up to 5 points will be given to all statewide APPLICATIONS,
regardless of the type-of-PARK, proposing to place the most number of PARK acres
under 6(f)(3) protection that are not currently already under 6(f)(3) protection.
Points
5 Highest 30% on the ranked statewide list of all combined park
categories/all statewide applications.
3 From 31% to 70% on the ranked list of all combined park categories.
1 From 71% to 100% on the ranked list of all combined park categories.
0 The entire PARK is already under 6(f)(3) protection, or no information
provided.
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4. Park Deficient or Economically Disadvantaged Area
Use the Park Access Tool Report or Community Fact Finder Report to show why the
project location is in an area that meets a following priority. Both reports may be
provided if more than one of these priorities are met. Technical assistance is
available on page 55.
Park Deficient or Economically Disadvantaged Area
Check
appropriate
field
A. Project creates a new park in a neighborhood area that has
no park within a half mile of the project site (use the
Community Fact Finder).
□
B. Project is in a City or County that has more than the state
average of 24% of its residents living further than a half mile
from a park. (use the Park Access Tool)
□
C. Project is in a City or County with a higher percentage than
the state average of 62% of its residents living in areas with
a ratio of less than three acres of parkland per 1,000 people
(use the “Park Access Tool”).
□
D. Project is in or adjacent to an area with an annual median
household income that is less than $49,119 (use the
“Community Fact Finder”).
□
The scale below shows that a maximum of 15 points will be given to projects that
meet two or more of the above priorities.
Points
15 Two or more of the priorities listed above will be met.
10 One of the priorities listed above will be met.
0 None of the priorities listed above will be met, or no information
provided.
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5. Population Served (benefits for seniors, at risk youth, or people with
disabilities)
Explain how the PROJECT will benefit the health and wellness of seniors, at risk
youth, or people with disabilities. The response does not need to include
demographic data. Rather, the response must describe how the PROJECT design
specifically includes the recreational needs of seniors, at risk youth, or people
with disabilities. Use the following chart to structure the response.
If the PROJECT is ACQUISITION, and the specific facility DEVELOPMENT plans are
pending, explain how members of the UNDERSERVED POPULATION will be involved
in the DEVELOPMENT plans.
UNDERSERVED POPULAT ION PROJECT Benefit(s) for this group (up to
approximately 100 words per group)
Seniors
At Risk Youth
Persons with Disability
The scale below shows that 15 points will be given to PROJECTS that benefit all
three groups.
Points
15 Seniors, at risk youth, and persons with disabilities will benefit
10 Two of the three groups will benefit
5 One of the three groups will benefit
0 No information provided
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6. Public Input (within five years prior to the Application deadline)
The response to Step 2D questions # 9a #9b of the PD/ESF explained on
page 54 describes the public input process for this PROJECT. OGALS will
review the PD/ESF response to step 2D Questions # 9a and # 9b explained
on page 54 to determine if the public input process included all steps required
by NPS.
Additionally, in case the PD/ESF is incomplete or revised after the
APPLICATION deadline, provide the response to step 2D Questions # 9a
and # 9b explained on page 54 here under “6. Public Input” as a
placeholder.
A response to Step 2D questions # 9a #9b of the PD/ESF must be provided
in the APPLICATION PACKET received by the APPLICATION deadline.
The scale below shows that a maximum of 10 points will be given to APPLICANTS
that incorporated a public input process that included all steps required by NPS
in the PD/ESF.
Points
10 The public input process described in the PD/ESF
addresses all steps required by NPS.
0 The public input process described in the PD/ESF does not
address all steps required by NPS. The APPLICATION will not be
considered ready for NPS approval if the public input process
occurred more than five years ago, or otherwise does not meet the
steps required by NPS through the PD/ESF.
The public input cannot be older than 5 years from the Application
Deadline.
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7. Project Readiness
Complete the following ACQUISITION or DEVELOPMENT chart to identify PROJECT
readiness based on the GRANT request.
The scales below show that a maximum of 10 points will be given to ACQUISITION and
DEVELOPMENT PROJECTS that are ready to proceed.
ACQUISITION
Milestone If completed,
provide
Month/Year
Points for
completion
If not yet
completed,
provide future
Month/Year
“Yellow Book” UNIFORM
APPRAISAL STANDARDS
FOR FEDERAL LAND
ACQUISITIONS (UASFLA)
5
Purchase Agreement
between land owner and
APPLICANT
5
DEVELOPM ENT
Milestone If completed,
provide
Month/Year
Points for
completion
If not yet
completed,
provide future
Month/Year
Schematic/concept level 2
Engineer Cost Estimate
for further design
DEVELOPMENT.
2
Construction documents 2
Construction permits 2
Bid package prepared or
employee services for
construction has been
determined
2
The scale below shows that a maximum of 5 points will be given to
ACQUISITION PROJECTS of land that can be readily used by the public for
PARK and recreation purposes without the need for construction.
Points
5 The ACQUISITION is ready as described above and the Public
Use Plan (as requested on page 57) explains that the land will
be “readily available” for PARK and recreation purposes without
the need for construction.
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8. Applicant’s Eligibility
Describe the APPLICANT’S eligibility by answering the following questions.
Answer A below for local agencies that have administered a GRANT with
OGALS since the 2000 Bond Act (Prop. 12), 2002 Bond Act (Prop. 40), 2006
Bond Act (Prop. 84), Recreational Trails Program, Habitat Conservation
Fund or Land and Water Conservation Fund.
A. Are any of the ineligibility criteria listed below applicable? (If there is a
reason to believe the ineligibility criteria listed below are applicable, contact
your OGALS PROJECT OFFICER for confirmation before applying.)
Answer B below for APPLICANTs that have not administered a GRANT with OGALS.
B. What are the APPLICANT’S most recent successes from any funding source?
List recent federal, state, and/or local ACQUISITION or DEVELOPMENT GRANTS
successfully administered by the APPLICANT for ACQUISITION or DEVELOPMENT.
Provide up to five examples that include the date of completion, funding
amount, scope, and funding source.
No points will be given to A or B above. However, if any of the ineligibility
criteria described below are applicable, the APPLICATION cannot be
recommended to NPS.
Ineligibility Criteria:
An LWCF GRANT cannot be recommended to NPS under the following circumstances.
APPLICANT is involved with an unresolved “conversion” as described in the LWCF
PARK STEWARDSHIP GUIDE.
APPLICANT has a recent track record of failing to complete or otherwise comply
with GRANT and PROJECT operation/maintenance requirements of GRANT-funded
sites administered by OGALS.
APPLICANT has no track record of administering an OGALS GRANT, and, also has
no track record of successfully administering an ACQUISITION or DEVELOPMENT
GRANT PROJECT with other funding sources.
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Application Checklist Item #5
Grant Scope/Cost Estimate Form
The GRANT SCOPE/Cost Estimate Form on page 35 has two uses:
I. Establishing the GRANT SCOPE.
II. Providing a Cost Estimate.
Use the fillable GRANT SCOPE/Cost Estimate Form found at www.parks.ca.gov/grants_lwcf
1. Establishing the Grant Scope:
This form will be used to establish the expected GRANT deliverables for PROJECT
COMPLETION. To be eligible for GRANT payment, the RECREATION FEATURES and
MAJOR SUPPORT AMENITIES that will be paid for by the GRANT must be included on the
GRANT SCOPE/Cost Estimate Form.
Use the f orm to list only the RECREATION FEATURES and MAJOR SUPPORT AMENITIES
that will be completed before the end of the GRANT PERFORMANCE PERIOD. All of the
RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed on the form must be
completed bef ore a final GRANT payment can be approved.
See page 8 for examples of RECREATION FEATURES and MAJOR SUPPORT AMENITIES.
Directions for establishing the Grant Scope:
Use one of the f ollowing phrases to list the type of work for each
RECREATION FEATURE and MAJOR SUPPORT AMENITY that will be funded by the
GRANT:
“Acquire approximately…” (provide the number of acres that will be acquired
as the RECREATION FEATURE and list the Assessor Parcel Numbers). See the
definition of ACQUISITION on page 66.
“Construct a new…” (RECREATION FEATURE or MAJOR SUPPORT AMENITY)
Def inition: to build a new RECREATION FEATURE or MAJOR SUPPORT AMENITY that
did not previously exist.
“Renovate or improve an existing …” (RECREATION FEATURE) See the definition of
RENOVATION on page 70.
List the RECREATION FEATURES in the GRANT SCOPE/Cost Estimate Form:
a) List the ACQUISITION, construction, or RENOVATION or improvement of a
RECREATION FEATURE in the GRANT SCOPE/Cost Estimate Form regardless of its
estimated cost at the time of APPLICATION.
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Do NOT include MINOR SUPPORT AMENITIES in the GRANT SCOPE/Cost Estimate
Form.
Fold the cost of a MINOR SUPPORT AMENITY into the cost of its related RECREATION
FEATURE.
Example:
GRANT SCOPE is the “construction of a new playground.” The GRANTEE will have the
flexibility to construct or not construct a MINOR SUPPORT AMENITY for the playground
such as a bench, a sign, and a drinking fountain. The costs of a MINOR SUPPORT
AMENITY will be accepted as part of the construction of the new playground. The
construction of the new playground is the expected GRANT SCOPE deliverable for
PROJECT COMPLETION.
List the MAJOR SUPPORT AMENITIES (a or b below) in the GRANT SCOPE/Cost Estimate
Form:
a) List the construction of a new parking lot, restroom building, or other non-
recreational f acility on the GRANT SCOPE/Cost Estimate Form.
b) Include a stand-alone item of work to improve the appearance or use of the
general PROJECT SITE on the GRANT SCOPE/Cost Estimate Form only if its
estimated cost, by itself, at the time of APPLICATION is $50,000 or greater.
Include all MAJOR SUPPORT AMENITIES as stand-alone items of work, such as the
construction of a new or RENOVATION of a parking lot, restroom building, or other
non- recreational facility.
Examples of how (b) would be included in the GRANT SCOPE/Cost Estimate Form:
“Landscaping for the general PROJECT SITE” (would be an expected GRANT deliverable
only if the landscaping as a stand-alone item of work is estimated at $50,000 or
more).
“A light fixture for the general PROJECT SITE” (would be an expected GRANT
deliverable only if the light fixture is estimated at $50,000 or more).
If an estimated cost of an example above is less than $50,000, it is a MINOR SUPPORT
AMENITY, and would be excluded on the GRANT SCOPE/Cost Estimate Form as an
expected GRANT deliverable. Instead, the cost would be folded into its related
RECREATION FEATURE. The $50,000 level is based on the estimated cost for each
stand-alone MINOR SUPPORT AMENITY and is not based on a cumulative cost of
multiple MINOR SUPPORT AMENITIES.
As a reminder, see the reason for not including MINOR SUPPORT AMENITIES explained
in the box above.
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2. Providing a concept level cost estimate on the Grant Scope/Cost Estimate
Form
Provide the concept level estimated cost for each RECREATION FEATURE and
MAJOR SUPPORT AMENITY described in the GRANT SCOPE/Cost Estimate Form.
As a reminder, do not list MINOR SUPPORT AMENITIES. The cost of MINOR
SUPPORT AMENITIES can be included in the construction cost of their related
RECREATION FEATURE.
Do not list costs for contingency separately. Include any contingency costs
with the concept level estimated cost for each RECREATION FEATURE and MAJOR
SUPPORT AMENITY.
The estimated TOTAL PROJECT COST on the GRANT SCOPE/Cost Estimate Form
must equal the estimated TOTAL PROJECT COST listed on the Application Form.
If the estimated costs change after the APPLICATION is approved by NPS during the
course of the PROJECT, a revised GRANT SCOPE/Cost Estimate Form is not required.
CONSTRUCTION COSTS should include allowance for Americans with Disabilities Act
of 1990 (42 U.S.C. §12101 et.seq.)
Each RECREATION FEATURE and MAJOR SUPPORT AMENITY listed in the GRANT SCOPE,
and their related paths of travel from parking lots and roadsides, must be
designed to accommodate persons with disabilities.
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GRANT SCOPE Items:
ACQUISITIONS: List each parcel number, acreage,
estimated date of purchase, cost. If multiple parcels are to
be acquired, list this information for each separate parcel.
DEVELOPMENT: List each RECREATION FEATURE and
MAJOR SUPPORT AMENITY
Estimated Cost
$
$
$
$
$
$
$
$
$
Total Estimated Cost for the RECREATION FEATURES and
MAJOR SUPPORT AM ENITIES
$
$
$
$
$
Grant Scope/Cost Estimate Form
Follow the directions starting on page 35. Use the form at
www.parks.ca.gov/grants_lwcf.
Total PRE-AW ARD PROJECT PLANNING COSTS (from the attached
Pre-Award Project Planning Costs Form )
TOTAL PROJECT C OST
Maximum GRANT Request
Minimum GRANT Request
The APPLICANT understands that this form will be used to establish the expected
GRANT deliverables that must be completed before final GRANT paym ent is processed
as specified in the “GRANT Process - End of GRANT PERFORMANCE PERIOD” section
found in the GRANT ADMINISTRATION GUIDE. See the ELIGIBLE COSTS charts starting on
page 68 before creating a cost estimate. The APPLICANT also understands that the
remaining portion of the estimated TOTAL PROJECT COST not funded by an LW CF grant is
the required MATCH.
APPLICANT’S AUTHORIZED REPRESENTATIVE Signature Date
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Application Checklist Item # 6
Pre-Aw ard Project Planning Costs Form
NPS recognizes the need for and allows PRE-AW ARD PROJECT PLANNING COSTS incurred
up to three years bef ore the APPLICATION is submitted to OGALS or approved by NPS.
Use the fillable PRE-AWARD PROJECT PLANNING COSTS Form found at
www.parks.ca.gov/grants_lwcf
If the APPLICATION is approved by NPS, the PRE-AW ARD PROJECT PLANNING COSTS
incurred within three years before the APPLICATION was submitted to OGALS become
ELIGIBLE COSTS. To be paid if the GRANT is awarded, PRE-AWARD PROJECT PLANNING
COSTS must be submitted on the PRE-AWARD PROJECT PLANNING COSTS Form with the
APPLICATION PACKET and approved by NPS.
PRE-AW ARD PROJECT PLANNING COSTS for DEVELOPMENT projects per the
NPS LW CF State Assistance Manual:
“Therefore, for DEVELOPMENT PROJECTS the costs of site
investigation and selection, site planning, feasibility
studies, preliminary design, environmental review,
preparation of cost estimates, construction drawings and
specifications, and similar items necessary for PROJECT
preparation may be eligible for assistance, although
incurred prior to PROJECT approval.”
PRE-AW ARD PROJECT PLANNING COSTS for ACQUISITION PROJECTS per the
NPS LW CF State Assistance Manual:
“Similar costs may be allowable for ACQUISITION
PROJECTS except those relating to appraisals, surveys,
and other incidental costs to the purchaser that are
precluded by the LW CF Act.”
Unlike State grant programs administered by OGALS, this federally funded
program does not have a 25% cap of the GRANT amount on PRE-AW ARD
PROJECT PLANNING COSTS.
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Pre-Award Project Planning Costs Form
Note: a-e below are required information OGALS needs to report to NPS.
PRE-AWARD PROJECT PLANNING
COSTS
Span of Months and
Year Costs Were or
Will Be incurred
Estimated Cost
ACQUISITIONS: List the costs of the
site investigation and selection, site
planning, feasibility studies, CEQA/NEPA
environmental review, Section 106, and
the PD/ESF Form
DEVELOPMENT: List the costs of site
investigation and selection, site
planning, feasibility studies, preliminary
design, CEQA/NEPA environmental
review, Section 106, and the PD/ESF
Form, preparation of cost estimates,
construction drawings and
specifications, and similar items
necessary for PROJECT preparation
a. Administrative and legal expenses $
b. Relocation expenses and payments
(for ACQUISITION)
$
c. Architectural and engineering fees
(for DEVELOPMENT)
$
d. CEQA/NEPA environmental review
costs
$
e. Section 106 preparation costs $
Total Estimated Cost for PRE-AWARD $
PROJECT PLANNING COSTS: $
The APPLICANT understands that this form will be used to establish eligible PROJECT
planning costs that were incurred within the past three years or will be incurred before
the National Park Service approves the PROJECT. The APPLICANT understands that no
other costs except for eligible PRE-AWARD PROJECT PLANNING COSTS can be incurred
prior to National Park Service approval of the PROJECT, unless NPS approved a WAIVER
OF RETROACTIVITY. See the ELIGIBLE COSTS charts starting on page 62 before creating a
cost estimate.
__________________________________________ _____________________
APPLICANT’S AUTHORIZED REPRESENTATIVE Signature Date
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Application Checklist Item # 7
W AIVER OF RETROACTIVITY is defined on page 71.
Requesting a Waiver of Retroactivit y:
NPS will consider a request for a W AIVER OF RETROACTIVITY only when:
1. Immediate action is necessary, and:
2. The time required for OGALS and NPS to process an APPLICATION, OBLIGATE the
funds, and issue a CONTRACT, would result in a loss of a significant opportunity.
The W AIVER OF RETROA CTIVITY is not limited to PRE-AW ARD PROJECT PLANNING COSTS,
because the waiver, if approved, can cover all ELIGIBLE COSTS including the actual
ACQUISITION or DEVELOPMENT. The request for a WAIVER OF RETROACTIVITY must be
received by OG ALS and approved b y NPS before the costs are incurred. If the
costs are incurred before the W AIVER OF RETROACTIVITY is approved by NPS, the
W AIVER OF RETROACTIVITY request will be rejected by NPS and the costs will never
become eligible.
To request a Waiver of Retroactivit y:
1. Include a letter in the APPLICATION PACKET following the directions on the
next page.
2. OGALS may f orward the requested W AIVER OF RETROACTIVITY (letter) to the NPS
after the APPLICATION deadline.
• If APPLICATION PACKETS contain significant technical issues showing a lack of
readiness such as incomplete Section 106, CEQA, etc., OGALS may not
f orward the requested W AIVER OF RETROACTIVITY letter to NPS, until the
technical issues are completed.
3. NPS will provide a decision to OGALS as soon as possible. OGALS will
immediately inform the APPLICANT of NPS’ decision.
4. Do not incur ACQUISITION or DEVELOPMENT costs before the WAIVER
OF RETROACTIVITY is approved b y NPS.
5. If NPS approves the W AIVER OF RETROACTIVITY, the APPLICANT may proceed
with the ACQUISITION or DEVELOPMENT and the costs will become eligible for
reimbursement and MATCH if the APPLICATION is later approved by NPS and
the APPLICANT becomes a GRANTEE.
Granting a W AIVER OF RETROACTIVITY is only NPS’ acknowledgement of the
need for immediate action; and it does not imply nor assure NPS approval of
the PROJECT. The retroactive costs are incurred at the APPLICANT's risk.
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Waiver of Retroactivity Letter
The letter addressing the five bulleted items below must be included in the APPLICATION
Packet as APPLICATION Checklist Item #7.
Use the APPLICANT’S letterhead.
Address the letter to the Chief, Office of Grants and Local Services.
Must be signed by the AUTHORIZED REPRESENTATIVE.
Provide the following information:
For an ACQUISITION PROJECT:
Describe the resources to be acquired, the public outdoor recreation uses proposed
for the site, and the necessity to immediately acquire land prior to NPS approval of
the APPLICATION as justification for the W AIVER OF RETROACTIVITY.
Justification may include but is not limited to the land being sold on the open
market that could be purchased by private developers for non-park purposes, an
option purchase agreement with limited time, appraisal value fluctuations which
could lead to changing costs, or expiring MATCHING funds.
For a DEVELOPMENT PROJECT:
Describe the planned DEVELOPMENT, the public outdoor recreation uses proposed
for the site, and the necessity to immediately DEVELOP an area prior to NPS approval
of the APPLICATION as justification for the W AIVER OF RETROACTIVITY.
Justification may include but is not limited to permitting time strain, losing a
construction bid, potential for construction costs to increase, expiring MATCHING
funds, or nesting seasons.
For DEVELOPMENT, attach a PD/ESF and the proposal must qualify for a federal
Categorical Exclusion number under NEPA in Step 7 of the PD/ESF.
For All Applications:
Conclude the letter with the following statement:
“The _ (name of APPLICANT) understands that if NPS approves this
W AIVER OF RETROACTIVITY request, it is only NPS’ acknowledgement of the
need f or immediate action; and it does not imply nor assure that NPS
approves the PROJECT and will award the GRANT. The _ (name of APPLICANT)
understands that the retroactive costs are incurred at our risk.”
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Application Checklist Item # 8
Funding Sources Form
Use the fillable Funding Sources Form found at www.parks.ca.gov/grants_lwcf
Use the Funding Source Form to identify each funding source.
Note if the source is state, local city or county, federal, or private.
Provide a date for each funding source showing when it was committed to the
PROJECT. A date shown as “To Be Determined (TBD)” will be considered
incomplete. See the definition for COMMITTED FUNDS for additional information.
Identif y if the source will be used as MATCH or will be reimbursed by the LW CF
GRANT.
When identifying w hat source(s) will be reimbursed by the LWCF GRANT,
use the highest amount of the GRANT REQUEST RANGE.
See page 45 for Eligible MATCH Sources and Calculation.
If the funding sources change (including MATCH) during the course of the
PROJECT, a revised f orm is not required. However, the funding sources must
still be eligible as explained on page 45.
The TOTAL PROJECT COST listed at the bottom of this form must equal the
estimated TOTAL PROJECT COST listed on the APPLICATION Form and at the bottom
of the GRANT SCOPE/Cost Estimate form.
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Funding Source
(Identif y all "cash-f low" sources and which
will be reim bursed by LW CF)
Date
Committed
Am oun t
☐ LW CF ☐ Match
☐ LW CF ☐ Match
☐ LW CF ☐ Match
☐ LW CF ☐ Match
☐ LW CF ☐ Match
☐ LW CF ☐ Match
☐ LW CF ☐ Match
Funding Sources Form
The Applicant must be able to "cash-flow" 100% of the project without LW CF. Check
the boxes below to identify funding source(s) to be used as Match and which source
will be reimbursed by the LW CF GRANT Request.
Grand Total All Funding Sources
(Estimated Total Project Cost)
The Applicant understands that the Project cannot be funded unless the total
amount of Committed Funds equals the estimated Total Project Cost. The
Applicant understands the definition of Committed Funds and the Applicant
certifies that they have eligible Match sources and can "cash-flow" 100 percent of
the Project, which will be partially reimbursed at the Rate of Reimbursement.
Applicant’s Authorized Representative Signature Date
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Eligible Match Sources and Calculation
MATCH is subject to the same ELIGIBLE COST requirements as the GRANT.
Other Federal Funds
Federal funds are not eligible to be used for LWCF MATCH except:
A federal GRANT program must have statutory language includ ed that specifically
allows it to be used as MATCH for LWCF.
Examples of the MATCH allowed for LWCF from federal funds include Community
Development Block Grants (CDBG) and Fixing America’s Surface Transportation
(FAST) Act Recreational Trail Program funds.
State or local government funds and private source funds:
State, local, and private sources are eligible for LWCF MATCH. Examples are the State
Habitat Conservation Fund, local government general funds, and donations from
private businesses, organizations or individuals.
MATCH sources may include, but are not limited to the following:
Funds from state local assistance programs
GRANTEE’S employee labor
Local or private funds
Gifts of real property, equipment, and consumable supplies
Volunteer services directly related to PROJECT completion furnished by professional
and technical personnel, consultants, and other skilled and unskilled labor
Free or reduced-cost use of land, facilities, or equipment
Bequests and income from wills, estates, and trusts.
For ACQUISITION PROJECTS, donated real property used as all or part of the
MATCHING share must meet UASFLA requirements and must be acquired during the
GRANT PERFORMANCE PERIOD.
Donations required by law or regulation are not eligible for MATCH. The donated land
cannot have any restrictions that might limit its intended public recreation use.
Find how to value and account for IN-KIND funds and/or donations used as MATCH in
the NPS LWCF MANUAL in Chapter 5.B.2.a-h starting on page 5-5. The in-kind funds
and/or donations used as MATCH cannot have any restrictions that might limit the
intended public recreation use.
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Calculating the value of donations used as Match:
Specif ic procedures for placing the value of contributions from private organizations
and individuals are in the Office of Management and Budget (OMB) Circular A-102, 43
CFR12:
Volunteer Services
o Rates for volunteers, which can be professional and technical personnel,
consultants, and other skilled and unskilled labor, should be consistent with
the regular rates paid for similar work in the labor market in which the
APPLICANT competes for the kind of services involved.
o Records for volunteer services from personnel shall include timesheets
containing the signatures of the person whose time is donated and of the
supervisor verifying the record is accurate. The pay rate has to be what the
employee is normally paid and must exclude fringe benefits and overhead
cost.
Materials
o Prices assessed to donated materials should be reasonable and should not
exceed current market prices at the time they are charged to the PROJECT.
o A record needs to be kept showing the fair market value by listing comparable
prices and vendors.
Real Property (Acquisition Only)
o If an ACQUISITION involves multiple parcels, and one or more parcels are
donated, the donated parcel’s value can be used as MATCH. Value of donated
real property shall be established by an independent appraiser in accord with
the UNIFORM APPRAISAL STANDARDS FOR FEDERAL LAND ACQUISITIONS (UASFLA). See
page 59 for information on appraisals and UASFLA.
Equipment
o The hourly rate for donated equipment used on a PROJECT shall not exceed its
fair rental rate.
o Records of equipment use shall include the schedules showing the hours and
dates of use and the signature of the operator of the equipment.
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Application Checklist Item # 9
6(f)(3) Boundary Map Checklist
Provide a 6(f)(3) BOUNDARY MAP no larger than 11x17.” Provide the following
required information on the 6(f)(3) BOUNDARY MAP:
1. Title of Map: Use the following title formula at the top of the 6(f)(3)
BOUNDARY MAP:
“LW CF Section 6(f)(3) Boundary Map for (name of PARK),
(name of APPLICANT), LW CF project number (number provided by
OGALS if APPLICATION is successful), in the County of
(county of project location)
2. 6(f)(3) Boundar y: Show the boundary of land placed under 6(f)(3) protection.
Use red as the color indicator to show this boundary. Choose a scale to
use and show it on the 6(f)(3) BOUNDARY MAP as one inch = (scale length
chosen) for maps for areas of larger size. Or, provide the linear feet measure
alongside each boundary line. The entire PARK must be placed under 6(f)(3)
protection.
3. Assessor Parcel Numbers: Show the Assessor Parcel Number(s) and the
acreage for each parcel within the red 6(f)(3) BOUNDARY MAP. Use a black
dash (-) to show /divide the separate parcels, if applicable. The Assessor
Parcel Number(s) and the acreage for each parcel can be listed on a separate
page with a number key when there are so many that it is difficult to show them
on the 6(f)(3) BOUNDARY MAP. In this case, simply show the number key on the
6(f)(3) BOUNDARY MAP for the approximate location of the parcels. W hen no
Assessor Parcel Number(s) exist for the property, use whatever identifier there
is (if any) with the acreage and explain on a separate page.
4. Other rights and interest: Show the boundary of each right and interest in
the land such as easements, right of way, lease agreements, deed/lease
restrictions, reversionary interest, etc. - using purple font. Provide a list on a
separate page if so detailed that the rights and interests cannot be adequately
shown on the 6(f)(3) BOUNDARY MAP. Attach an explanation about the purpose
of each right and interest.
5. Current existing indoor structures: Show location and boundary (footprint)
of existing indoor structures. Provide the square footage of the structure.
Attach an explanation of what the building is used for, and if applicable, future
plans f or its use, such as expansions.
6. Proposed new indoor structures: Check all future PARK plans for any
proposed indoor facilities. The future construction of indoor facilities may be
mapped, but are typically not an eligible LWCF grant cost. Proposed indoor
facilities require what NPS calls a “Public Use Facility Proposal” or may be
considered a “Conversion.” See the LWCF PARK STEW ARDSHIP GUIDE for more
information. If an indoor facility must be constructed, show the proposed
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location and boundary (footprint). Label it as “proposed.” Provide the square
f ootage of the proposed new structure. Contact OGALS for guidance about
including a “Public Use Facility Proposal” with the application.
7. Streets: Show and label (provide the street names on the map) the
adjoining streets surrounding the PARK. Use black font.
8. Entry Points into the PARK: If the PARK is gated, fenced, or is a wilderness
PARK, show the specific entry points for pedestrians and vehicles. Use black
font and label the “entry point.” If the entire PARK boundary is considered an
entry point for pedestrians, provide this statement on the map.
9. North arrow : Provide a North arrow pointing to the North relative to the
map layout. Use black font.
Bottom of Map
10. Identify the total acreage within the proposed 6(f)(3) BOUNDARY MAP (within
the red boundary) per item 2 above). This acreage will be placed under
Federal protection and subject to the POST COMPLETION PARK STEW ARDSHIP
requirements. The acreage total must be consistent with the total PARK
acreage identified on the APPLICATION Form.
11. Date of map preparation: Provide the date the map was developed.
12. Signature Blocks: Provide the following signature blocks on the map:
The position identified in the APPLICANT’S Authorizing Resolution must sign
and date the map at the time of APPLICATION.
(Nam e of APPLICANT Agency) AUTHORIZED REPRESENTATIVE Date
CA Dept. of Park s and Rec reation Date
National Park Service Date
13. Certification Language: The following language must be included under
the signature blocks: This map is not binding until it is signed by NPS when
the f inal GRANT payment is approved by NPS. If there was a previous LW CF
PROJECT(S) completed at the same PARK SITE, then the GRANTEE, OGALS, and
NPS will review the Section 6(f)(3) BOUNDARY MAPS associated with the
previous PROJECT(S) for consistency with the Section 6(f)(3) BOUNDARY MAP
f or the new LW CF PROJECT.
Note: Authority cited: Section 5099.10 Public Resourc es Code. Reference: Sections 5099-
5099.12, Public Resources Code, Public Law 88-578, 16 U.S.C. 460l – 6(f)(3)
A PDF map version is available on the next page and at www.parks.ca.gov/OGALS_LWCF
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Application Checklist Item # 10
Section 106 Instructions
National Historic Preservation Act of 1966
Plan accordingly to complete Section 106 by the APPLICATION deadline or no later than 60
days after the APPLICATION deadline.
The APPLICANT must complete the above process to document that 36 CFR 800,
Executive Order 11593 and Section 106 of the National Historic Preservation Act of
1966, as amended, has been met. Section 106 documentation cannot be older than five
years from the date submitted to the State Historic Preservation Office (SHPO) for
approval.
• For ACQUISITION PROJECTS: The scope of the Section 106 review shall include the lands
to be acquired. It must not include a future construction PROJECT because the LW CF
PROJECT is ACQUISITION - only.
• For DEVELOPMENT PROJ ECTS: The scope of the Section 106 review shall include the
construction as described in the APPLICATION.
SHPO Section 106 Package
Send the entire SHPO Section 106 package described below to the OGALS LW CF
Supervisor – do not send the package to SHPO.
The “SHPO Section 106 Package” includes items 1 through 3 below.
To complete items 1-3 below, follow the “Section 106 Instructions” at
www.parks.ca.gov/grants_lwcf.
The APPLICANT will complete steps 1-4 below:
1. Obtain Information Center Recommendation (letter) through the California Historical
Resource Information System. When contacting the regional Information Center,
specifically state if the area of potential effects has already been disturbed or excavated
at the same or a deeper level as the proposed PROJECT when sending your request.
2. Obtain Native American Consultation. Native American Consultation often takes 3-4
months. www.nahc.ca.gov
a. Copy of the request email sent to the NAHC .
b. Copy of the letter received from the NAHC including the list of all Native American
contacts.
c. Chart documenting each Native American contact, method(s), date(s) contacted, and
whether a response was received.
d. Copies of all the emails and letters sent and copies of any email and/or letter
responses received from any tribe or Native American individual on the NAHC list.
3. After completing steps 1-2, write a Cover Letter from the APPLICANT addressed to the
SHPO Summarizing Compliance with Section 106. What needs to be addressed in the
Cover Letter is described in the Section 106 instructions described at
www.parks.ca.gov/grants_lwcf.
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.
4. Send 1-3 above as a “SHPO Section 106 Package” to the OGALS LW CF Supervisor.
5. The OGALS LW CF Supervisor will make a copy and send 1-3 above to the SHPO.
Previous agencies have found it efficient to w ork on Section 106
concurrently w ith CEQA and the NEPA federal environmental analysis
(PD/ESF) explained beginning on page 54.
Section 106 should be completed early in the project planning process, and
must be completed before any ground disturbance/construction.
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Application Checklist Item # 11
CEQ A Compliance
Use the fillable CEQA Compliance Certification Form at www.parks.ca.gov/grants_lwcf
Plan accordingly to complete CEQA by the APPLICATION deadline or no later than 60 days
after the APPLICATION deadline. CEQA must include the GRANT SCOPE and must be no
older than 5 years preceding the APPLICATION deadline.
For ACQUISITION PROJECTS: The scope of the environmental review shall include the lands to
be acquired. Including a f uture construction PROJECT is not required because the LW CF
PROJECT is ACQUISITION - only.
For DEVELOPMENT PROJ ECTS: The scope of the environmental review shall include the
construction as described in the APPLICATION. File the applicable CEQA documents (1, 2, or
3 below) with the State Clearinghouse (Governor’s Office of Planning and Research) See
www.opr.ca.gov and follow links for CEQA.
Provide the CEQA Compliance Certification Form and two copies of the appropriate
document(s) listed below in the APPLICATION PACKET. You can send the appropriate
document(s) on two CDs in W ord or pdf format if too large to send paper copies:
1. A Notice of Exemption filed with, and stamped by, the county clerk and with the response
from the State Clearinghouse (Governor’s Office of Planning and Research), or
2. An Initial Study with a Negative Declaration, with the response from the State
Clearinghouse (Governor’s Office of Planning and Research), and a copy of the Notice of
Determination f iled with, and stamped by the county clerk, or
3. An Initial Study and an Environmental Impact Report, with the response from the State
Clearinghouse (Governor’s Office of Planning and Research), and a copy of the Notice of
Determination filed with, and stamped by the county clerk.
See Steps 5, 6 and 7 of the Proposal Description/Environmental Screening Form (PD/ESF)
explained at www.parks.ca.gov/grants_lwcf. Steps 5, 6 and 7 may be completed at the same
time as the CEQA analysis.
“CEQA” is the California Environmental Quality Act as stated in the Public Resources Code
§21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law
establishing policies and procedures that require entities to identify, disclose to decision
makers and the public, and attempt to lessen significant impacts to environmental and
historical resources that may occur as a result of an entity’s proposed PROJECT. For more
information see http://ceres.ca.gov/ceqa.
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CEQA Compliance Certification Form
APPLICANT/GRANTEE: PROJECT Name:
PROJECT Address:
When was CEQA anal ysis completed for this PROJECT? Date:
What documents were filed for this PROJECT’S CEQA anal ysis: (check all that apply)
Initial Study Notice of Exemption Negative Declaration
Mitigated Negative Declaration Environmental Impact Report
Other
Please attach all checked documents.
If these forms were not completed please attach a letter from the Lead Agenc y
explaining why, certifying the PROJECT has complied with CEQA and noting the date
that the PROJECT w as approved b y the Lead Agenc y.
Lead Agency Contact Information:
Agency Name: Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certif y that the Lead Agency listed above has determined that it has complied
with the California Environmental Quality Act (CEQA) for the PROJECT identified above and
that the PROJECT is described in adequate and sufficient detail to allow the PROJECT’S
construction or ACQUISITION.
I certif y that the CEQA analysis for this PROJECT encompasses all aspects of the work to be
completed with GRANT funds.
AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE
(Signature) (Printed Nam e and Title)
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Application Checklist Item # 12
Proposal Description/ Environmental Screening Form (PD/ESF)
Plan accordingly to complete the PD/ESF by the APPLICATION deadline or no later than 60
days after the APPLICATION deadline.
The PD/ESF is a federal form designed by NPS for use as a tool during PROJECT scoping,
planning, and proposal DEVELOPMENT, especially to document environmental information
and consider the LW CF proposal’s possible environmental impacts. The ESF portion serves
as part of the federal administrative record required by NEPA.
The PD/ESF in Word format and guidance is found at:
www.parks.ca.gov/grants_lwcf
Follow the “Tips” at www.parks.ca.gov/grants_lwcf to complete the following PD/ESF
Steps. The “Steps” below correlate with the “Step” sections of the PD/ESF.
Steps to complete the PD/ESF:
These steps in the form are required by NPS for APPLICATIONS only.
Cover Page
Step 1 Type of LW CF Proposal
Step 2.A For an ACQUISITION PROJECT
Step 2.B For a DEVELOPMENT PROJECT
Step 2.D All PROJECTS
Step 5 Summary of Previous Environmental Review
Step 6 Environmental Screening Form (ESF)
Part A Environmental Resources
Part B Mandatory Criteria
Step 7 Recommended National Environmental Policy Act (NEPA) Pathway and
State Appraisal/W aiver Valuation
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Application Checklist Item # 13
Project Location Map(s)
Provide a map showing highway and street access to the PROJECT SITE.
Provide directions from the nearest major highway to the PROJECT SITE so that a person
not familiar with the area can locate it.
Application Checklist Item # 14
Photos of the Project Site
Provide up to four 8 ½” x 11” sheets filled with photos of the PROJECT SITE and its
surrounding area.
Provide a very brief description of what is in each of the photos. Adding the direction
of the view noted with each photo as “looking north, south, east, or west” is helpful to
orientate someone not familiar with the site. Use a point of reference for the direction
of the view, such as “f rom the center of the PROJECT site or “from the corner of X and
Y Streets.”
Application Checklist Item # 15
Community Fact Finder Report or Park Access Tool Report
The APPLICATION may include both a Community Fact Finder Report and a Park Access Tool
Report for Project Selection Criteria #4.
For neighborhood and community p arks, as described in the Project Selection Criteria
response:
Provide a Community Fact Finder Report following these directions:
1. Go to www.parksforcalifornia.org Use the Community Fact Finder found in the Tools tab.
2. Enter the PROJECT address.
3. Locate the push-pin with the needle point in the PARK or on the PARK’S boundary.
4. Select “Create Report” after you chose a starting point of the radius with the push- pin
needle point in the PARK or on the PARK’S boundary.
5. Print the Report f or this APPLICATION Checklist item. The statistics shown on the Report
must be the same for PROJECT Selection Criteria #4. Only one Community Fact Finder
Report will be accepted per APPLICATION for Project Selection Criteria #4.
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For city and countywide regional parks, as described in the Project Selection Criteria
response:
Provide a Park Access Tool Report following these directions:
1. Go to www.parksforcalifornia.org. Use the Park Access Tool.
2. Select the city or county where the project will be located. Select the city for city parks, or
the county if it will be a countywide regional park.
3. Select “Create Report.”
4. Print the report for this APPLICATION checklist item.
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Acquisition Projects Only
Application Checklist Item # 16
Public Use Plan
Provide the following information after considering the information below.
1. Describe each existing building on the ACQUISITION parcel(s) and the planned use for the
buildings. If the buildings will not be demolished to create a PARK/OPEN SPACE, the
structures and the proposed use for them have to be described in the PD/ESF Step 2.A
Question # 1 and Question # 3. For the PD/ESF, see APPLICATION Checklist Item # 12
or go to the NPS website at: http://www.nps.gov/ncrc/programs/lwcf/pub.htm.
• The intent of this LW CF program is to provide outdoor public recreation.
• NPS will not approve an ACQUISITION if the majority of the land includes a building(s)
that will not be demolished to create a PARK or OPEN SPACE.
• Consultation with OGALS regarding the eligibility of the structure for ACQUISITION
assistance is encouraged prior to APPLICATION submission.
2. Explain if the ACQUISITION parcel(s) will require DEVELOPMENT to make the parcel(s)
useable by the public. If DEVELOPMENT is not necessary given the reasons below, or
other reasons, provide an explanation.
3. If DEVELOPMENT is necessary, provide the following:
a. Description (up to one page) of the DEVELOPMENT necessary to make the parcels
useable.
b. Estimated cost of the DEVELOPMENT.
c. Funding source(s) to cover the estimated cost of the DEVELOPMENT.
d. DEVELOPMENT timeline starting with the ACQUISITION completion date, and ending
with the date the parcels will become useable by the public.
Consider the following guidance for ACQUISITION:
ACQUISITION must result in a NEW RECREATIONAL OPPORTUNITY for the public within three
years after the completion of the ACQUISITION. Only a phase that creates a fully-useable
recreational opportunity must be completed and open to the public within three years after
the completion of the ACQUISITION.
In some cases, the ACQUISITION property may not require DEVELOPMENT at all. Examples
include:
• An existing fire or safety road in the ACQUISITION property is in proper condition to be
readily useable as a trail or walking pathway.
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EXPANSIONS: The ACQUISITION property is adjacent to an existing PARK, and the purpose of
the ACQUISITION is to serve:
o As a buffer to protect the VIEW SHED of the PARK for future generations of park visitors.
In this case, enjoying the VIEW SHED is a NEW RECREATION OPPORTUNITY for the PARK visitors.
o As a buffer to protect a wildlife corridor for future generations where visitors of the
existing PARK come to enjoy watching wildlife.
ACQUISITION can be by fee simple title or by lesser rights as long as the APPLICANT will be able
to enforce the Section 6(f)(3) BOUNDARY MAP provisions. ACQUISITIONS of interests of less
than fee simple, including leasehold interests, are not eligible unless such lesser rights will
ensure public access and use for in PERPETUITY per Section 6(f)(3). Examples of lesser
rights include permanent recreation use easements or similar devices.
ACQUISITION can be made through purchase, eminent domain, transfer or by gift.
Timber management or grazing land ACQUISITION
ACQUISITION of properties with natural resources management practices, such as timber
management or grazing, may be funded with LW CF assistance if they are clearly described
in the PROJECT description for PD/ESF Step 2.A Question # 1, are compatible with and
secondary to the proposed public outdoor recreation uses, and are approved by NPS.
For prof it agriculture or preserves
For prof it agriculture business is not permitted on acquired lands assisted with LW CF
funding. NPS will not fund ACQUISITIONS of land that will be used for an agricultural preserve.
Rights held by other parties to the property
Reservations and rights held by others are permissible only if the public outdoor recreation
use would not be affected. These must be identified on the Section 6(f)(3) BOUNDARY MAP.
They must be described in the proposal narrative for PD/ESF Step 2.A Question # 1. They
must be addressed in the environmental information in the PD/ESF for any potential impacts
to the human environment including outdoor recreation, and if the reservations and rights
are exercised.
ACQUISITIONS that w ill not be approved b y NPS are explained below. This list is not
inclusive and NPS has the final approval of any ACQUISITION:
Historic sites and structures, except when it can be demonstrated clearly that the
ACQUISITION is primarily for public outdoor recreation purposes and the historic aspects
are secondary or complimentary to the primary purpose of providing outdoor recreation.
Museums and sites to be used for museums or primarily for archeological
excavations.
Areas and facilities designed to be used primarily by a specific group and
prof essional arts and athletics, and will not be used by the general public.
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Areas and facilities to be used exclusively for game refuges or fish production
purposes, and are not compatible to outdoor recreation.
Areas to be used mainly for construction of indoor facilities.
Areas with existing indoor recreational or non-recreational facilities or buildings that if
left in place, will not leave enough space for public outdoor recreation.
Sites containing luxury lodges, hotels, motels, restaurants and similar elaborate facilities
that are to be operated by the APPLICANT or a concessionaire to provide food or
sleeping quarters.
Federal surplus property.
Source: NPS LW CF MANUAL in Chapter 3.B on pages 3-4 through 3-7 (see Definitions).
Application Checklist Item # 17
Appraisal and Independent Review/ Waiver Valuation
(For ACQUISITION PROJECTS only)
LW CF ACQUISITIONS must have for each parcel to be acquired either:
• One appraisal by a qualified appraiser with independent appraiser’s review certifying
that it meets the “Yellow Book” UNIFORM APPRAISAL STANDARDS FOR FEDERAL LAND
ACQUISITIONS (UASFLA) (A below), or
• Documentation f or the value using the waiver valuation method when the estimated
property value is less than $10,000 (B below)
A. Provide a copy of the appraisal for each parcel to be acquired and a copy of the
independent appraiser’s review certifying that the appraisal complies with the
UASFLA also known as the “Yellow Book.”
B. Or, provide a copy of the documentation for the purchase price that is determined
for a waiver valuation in the case of property which is less than $10,000.
• See below for requirements for the appraisal, independent appraiser’s review or
waiver valuation.
ACQUISITION PROJECTS are bound by federal law relating to the valuation of real estate
because this is a federal f unding source. This is why A, above, is required.
It is critical to select an appraiser familiar with UASFLA (“Yellow Book”) to do your
appraisal and its independent appraiser’s review .
• Uniform Standards of Professional Appraisal Practice (USPAP) compliance alone
will not result in UASFLA compliance.
UASFLA federal standards are considered “Supplemental Standards” to the Uniform
Standards of Professional Appraisal Practice (USPAP). See the NPS LW CF MANUAL in
Chapter 4.D.7.c.(1) on page 4-19 for further information about the difference between
appraisals conducted according to UASFLA or USPAP (see Definitions).
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For the purpose of the UASFLA compliance, any appraisal report, whether identified by the
appraiser as a self-contained report or a summary report, will be considered as meeting
UASFLA requirements for a self-contained report if it has been prepared in accordance with
the UASFLA.
The UASFLA 2000 edition published by the Appraisal Institute in cooperation with the U.S.
Department of Justice is found on-line at:
http://www.justice.gov/enrd/land-ack/Uniform-Appraisal-Standards.pdf.
The f air market value (A above) or the waiver value (B above) will be used as the basic
measure for LW CF funding assistance for ACQUISITIONS. This applies for fee simple
ACQUISITIONS, determining the amount eligible for MATCH, determining the value of
ACQUISITIONS by donation for MATCH, and ACQUISITIONS of less-than-fee interests.
For property to be acquired by eminent domain, the price determined by the court will be
accepted by NPS.
Application Checklist Item # 18
Purchase Agreement, Option Agreement, or Other Document Show ing Agreed Price
(For ACQUISITION PROJECTS only)
Provide a document showing the agreed purchase price between the land owner (seller)
and APPLICANT. The document must provide strong assurance that the land owner will sell
the property to the APPLICANT with a legally binding agreed purchase price. The letter of
intent can say: “Agree to sell to APPLICANT for the price of the appraisal. However, if the
APPLICATION is not selected for funding, then this agreement is null and void.”
If eminent domain is used, provide the court order showing the price determined by the
court.
See the WAIVER OF RET ROACTIVITY APPLICATION Checklist Item # 7 on page 41 if the
ACQUISITION is urgent.
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Development Projects Only
Application Checklist Item # 19
Land Tenure Requirement
For DEVELOPMENT PROJECTS, the PROJECT land must be owned by the APPLICANT at the time
of APPLICATION.
Provide the deed or other document showing that the APPLICANT owns the PROJECT land.
Other document could be a legal description and a letter stating the APPLICANT owns the
PROJECT site and provides the length of time they have owned it.
If the land was owned by a Redevelopment Agency (RDA), and the APPLICANT is the
successor agency for the RDA, and the Department of Finance approval process is still
pending, a timeline with next steps to complete the successor agency land transfer must be
provided.
Application Checklist Item # 20
Concept Level Site Plan
• Provide a drawing (no more than 11”x17”) showing where the RECREATION
FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate
Form will be located in the PARK.
• If the GRANT SCOPE includes a building(s), note the function and approximate
square footage of each space designated for recreation, and the building’s
approximate total square footage.
• Indicate or describe where and how the public will access the PARK and where
parking is currently located or will be located.
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Eligible Costs Chart
This section provides rules and examples of ELIGIBLE COSTS for ACQUISITION and
DEVELOPMENT.
Ac quisition Costs
The f ollowing provide examples of ELIGIBLE COSTS for ACQUISITION.
ACQUISITION COSTS
(Up to 100% of GRANT Amount)
EXAMPLES
Purchase price of the
property and relocation
costs
(Note: LW CF will not
reimburse “incidental
costs.” Per the NPS LWCF
State Assistance Manual
in Chapter 4.D.7.f. on
page 4-23: “The LW CF Act
precludes using Fund
assistance for incidental
costs relating to
ACQUISITION.” These
incidental costs include
preliminary title reports,
appraisal fees, escrow
costs, and title insurance
fees – all not eligible.)
• Cost of the land (but not incidental costs of preliminary
title reports, appraisal fees, escrow costs, and title
insurance fees)
• Relocation costs: costs resulting in displacement of
tenants (not willing sellers or GRANTEES) pursuant to
Government Code §7260 – 7277.
o If the GRANT is not paying for relocation costs, the
GRANTEE must ensure that the seller is paying
displaced tenants in compliance with Government
Code §7260 – 7277.
• Emplo yee services: see accounting rules for
employee services explained in the GRANT
ADMINISTRATION GUIDE.
• PROJECT/GRANT administration and accounting
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Development Costs
DEVELOPMENT includes PRE-AW ARD PROJECT PLANNING COSTS.
The f ollowing charts provide examples of ELIGIBLE COSTS for PRE-AW ARD PROJECT PLANNING
COSTS and CONSTRUCTION COSTS.
PRE-AW ARD PROJECT
PLANNING COSTS
EXAMPLES
Costs incurred during the
planning, design, and
permit phase of the
project, before
construction begins.
These cost may be
incurred up to three years
prior to sending the
APPLICATION to OGALS,
and still be reimbursed or
eligible f or MATCH. See
page 45.
• Public meetings/focus groups/design workshop
costs
• Plans, specifications, construction documents,
and cost estimates
• Permits
• CEQA (see page 52)
• PD/ESF Form or NEPA analysis (see page 54)
• Section 106 (see page 50)
• Premiums on hazard and liability insurance to
cover personnel or property
• Bid packages
• Emplo yee services: See accounting rules
for employee services explained in the GRANT.
ADMINISTRATION GUIDE.
• PROJECT/GRANT administration (excluding GRANT
writing) and accounting
CONSTRUCTION
COSTS
EXAMPLES
Costs incurred during the
construction phase of the
PROJECT when ground-
breaking construction
activities such as site
preparation, grading, or
gutting begins.
• Site preparation, grading, gutting
• Foundation w ork
• Purchase and installation of permanent
equipment: Playground equipment, benches, signs,
display boards, sound systems, video equipment etc.
• Construction supplies and materials: May be drawn
from central stock if claimed costs are no higher than
supplies or materials purchased elsewhere.
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CONSTRUCTION
COSTS
EXAMPLES
Costs incurred during the
construction phase of the
PROJECT when ground-
breaking construction
activities such as site
preparation, grading, or
gutting begins
• Construction equipment ow ned by GRANTEE:
Equipment owned by the GRANTEE may be charged to
the GRANT for each use. Rental rates published by the
California Department of Transportation may be used
as a guide. For audit purposes, a report or source
document must describe the work performed, indicate
the hours used, relate the use to the GRANT SCOPE,
and must be signed by the operator or supervisor.
• Construction equipment rented or purchased by
GRANTEE: May also be rented or purchased,
whichever is the most economical use of GRANT funds.
For purchased equipment, the GRANT will pay for the
rental price equivalent in proportion to the time the
purchased equipment is used on the GRANT SCOPE.
(Rental rates published by the California Department
of Transportation may be used as a guide.) The
GRANT will pay for the total cost of the equipment if the
purchase price is less than the rental price equivalent.
Any funds earned by the GRANTEE from the sale of
equipment purchased with the GRANT must be spent
on the PROJECT.
• Construction management: Including
site inspections.
• Employee services: See accounting rules for
employee services explained in the GRANT
ADMINISTRATION GUIDE.
• PROJECT/GRANT administration and accounting.
• Miscellaneous costs: Other costs incurred during
the construction phase, such as transporting
materials, equipment, personnel, and
communications.
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INELIGIBLE
COSTS
EXAMPLES OF INELIGIBLE COSTS
Cannot be
charged to
the GRANT
• Outside the GRANT PERFORM ANCE PERIOD – costs incurred before
or after the GRANT PERFORMANCE PERIOD. Exception is only when
PRE-AW ARD PROJECT PLANNING COSTS are identified on the PRE-
AW ARD PROJECT PLANNING COSTS Form and approved by NPS.
• Overhead business expenses of the GRANT EE’S fixed or
ordinary operating costs: (rent, mortgage payments, property
taxes, utilities, office supplies).
• Outside PARK/PROJECT SITE boundaries – Streets, traffic lights, or
other infrastructure not located within the PARK/PROJECT SITE.
• Incidental costs relating to ACQUISITION of real property and of
interests in real property, unless allowable under the Uniform
Relocation Assistance and Real Property Policies Act, P.L. 91-
646.” These incidental costs include preliminary title reports,
appraisal fees, escrow costs, and title insurance fees – all not
eligible.
• Fundraising
• Food
• GRANT Writing
• Street improvements or other infrastructure not located
w ithin the Section 6(f)(3) BOUNDARY M AP
• Costs for staffing programs
• Brochures
• Operation and maintenance costs of facilities
• Employee residences and furnishings
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Definitions
Capitalized words and terms used in this procedural guide are defined below.
ACQUISITION – to obtain fee title of real property or a permanent easement, which gives
rights f or the GRANTEE to use the property to accommodate public PARK and recreation
access in PERPETUITY. A lease or rental is not considered ACQUISITION.
APPLIC ANT – an entity which does not yet have a fully-executed CONTRACT with DPR, and is
requesting GRANT f unding through a COMPETITIVE process.
APPLIC ATION P ACKET – the APPLICATION Form and its required attachments listed in the
APPLICATION Checklist on page 17.
APPORTIONMENT TO CALIFORNIA – the amount of new authority given to NPS to OBLIGATE LW CF
GRANT funds to PROJECTS in California after Congress approves the appropriation for the
federal f iscal year. The federal fiscal year starts October 1.
AUTHORIZED REPRESENTATIVE – the APPLICANT’S/GRANTEE’S designated position authorized in
the Resolution to sign all required GRANT documents. The AUTHORIZED REPRESENTATIVE may
designate an alternate by informing OGALS in writing.
BOUNDARY M AP 6(f)(3) – a tool used as communication between NPS, OGALS, and GRANTEES
that:
Shows the agreed boundaries of the protected PARK site at the time of PROJECT
approval pursuant to Section 6(f)(3) of the LW CF Act and Title 36, Part 59 in the U.S.
Code of Federal Regulations.
Helps with site inspections for compliance with POST-COMPLETION PARK STEW ARDSHIP
STANDARDS.
W hen an LW CF PROJECT is completed, the land within the approved 6(f)(3) BOUNDARY MAP is
placed under federal protection to preserve the public’s outdoor recreational use of the site
in PERPETUITY.
BURE AU OF OUTDOOR RECRE ATION (BOR) – the federal agency that administered LW CF prior to
NPS f rom 1964 to 1978.
CEQA – the California Environmental Quality Act as stated in the Public Resources Code
§21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law
establishing policies and procedures that require entities to identify, disclose to decision
makers and the public, and attempt to lessen significant impacts to environmental and
historical resources that may occur as a result of the entities’ proposed PROJECT. For more
information see http://ceres.ca.gov/CEQA/ or http://resources.ca.gov/ceqa/.
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COMMITTED FUNDS – at the time when the APPLICATION PACKET is sent to OGALS, the
APPLICANT has possession of additional funds that will be spent on the PROJECT, or has a
CONTRACT or other binding agreement with another entity(s) OBLIGATING funds that will be
spent on the PROJECT. Funds that are not in the APPLICANT’S possession or not
OBLIGATED through a binding agreement are not COMMITTED FUNDS.
COMPETITIVE – funds made available to eligible LOCAL AGENCIES pursuant to Public Resource
Code §5099.12, through a COMPETITIVE APPLICATION process where all statewide
applications are ranked using the PROJECT Selection Criteria.
CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance
of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, and other GRANT obligations
between the GRANTEE and DPR.
DEVELOPMENT – to construct a new RECREATION FEATURE or MAJOR SUPPORT AMENITY.
RENOVATION of an existing RECREATION FEATURE is also considered DEVELOPMENT.
DPR – the Calif ornia Department of Parks and Recreation.
ELIGIBLE COSTS – PRE-AW ARD PROJECT PLANNING COSTS and expenses incurred during the
GRANT PERFORMANCE PERIOD to complete the GRANT SCOPE approved by OGALS through a
fully executed CONTRACT. Costs of MINOR SUPPORT AMENITIES are combined with costs
associated with RECREATION FEATURES and MAJOR SUPPORT AMENITIES.
ENCUMBERED – when a CONTRACT for an LW CF GRANT is signed by the APPLICANT and DPR.
At this point, the APPLICANT becomes a GRANTEE.
EXPAND – the PROJECT will add PARK acreage to an existing adjacent PARK.
GRANT – amount of funds made available to a GRANTEE for completion of the GRANT SCOPE
during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a CONTRACT with DPR for a GRANT funded by the Land and W ater
Conservation Fund.
GRANT ADM INISTRATION GUIDE – the document titled the “LW CF GRANT ADMINISTRATION GRANT”
provides requirements and forms for GRANT administration after an APPLICANT becomes a
GRANTEE.
GRANT PERFORM ANCE PERIOD – the period of time shown on the CONTRACT, starting with the
date NPS OBLIGATES the funds for the PROJECT, that ELIGIBLE COSTS may be incurred by the
GRANTEE and charged to the GRANT.
• Exception: See PRE-AW ARD PROJECT PLANNING COSTS and W AIVER OF RETROACTIVITY
costs that can be incurred before NPS OBLIGATES the funds for the PROJECT, and then
later reimbursed af ter the APPLICANT becomes a GRANTEE.
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GRANT REQUEST RANGE – the highest and lowest amount requested by an APPLICANT through
the same APPLICATION.
• Maximum of Range: 50% of the TOTAL PROJECT COST, up to $3 million per
APPLICATION.
• Minimum of Range: The lowest LW CF GRANT amount that the APPLICANT is willing
to accept through the same APPLICATION.
GRANT SCOPE – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT
SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.
HERIT AGE CONSERVATION AND RECREATION SERVICE (HCRS) – the federal agency that
administered LW CF prior to NPS from 1978 to 1981.
JOINT POWERS AUTHORITY – an agreement between a city, county, and/or a district to
perf orm services, cooperate with, or lend powers for the operation and maintenance of
PARK land. For a JOINT POW ERS AUTHORITY to be an eligible APPLICANT, at least one member
of the JOINT POW ERS AUTHORITY must be a LOCAL AGENCY and all members must be public
agencies.
LWCF – the federal Land and W ater Conservation Fund.
LWCF MANUAL – the NPS LWCF State Assistance Program Federal Financial Assistance
Manual (October 1, 2008). Use the NPS website link from www.parks.ca.gov/grants_lwcf
Select Publications under the State and Local Grant Funding tab. Then, select LWCF Manual
and Logos.
LOCAL AGENCIES –
• Counties, cities, recreation and park districts and special districts with authority to
acquire, operate, and maintain public PARK and recreation areas.
• Federally recognized Native American tribes.
• JOINT POW ERS AUTHORITIES (JPA) where all members are public agencies, and that
can include a State Agency, if at least one member is a local (non-State) public
agency or district f ormed for the purpose of providing public PARK and recreation
areas.
LOCAL AGENCY COM PETITIVE PROGRAM – the process and PROJECT selection criteria for
counties, cities, recreation and PARK districts and special districts with authority to acquire,
operate, and maintain public PARK and recreation areas, and federally recognized Native
American tribes, where the APPLICANTS can compete for a GRANT using this APPLICATION
Guide.
LWCF PARK STEWARDSHIP GUIDE – a Guide to Permanent Operation and Maintenance
available f rom OGALS that explains NPS’ operation and maintenance requirements in
PERPETUITY for land within a 6(f)(3) BOUNDARY MAP approved by the NPS.
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MATCH – amount required to make up the difference between the LW CF GRANT amount
requested (the federal share) and the TOTAL PROJECT COST. The GRANTEE must submit
ELIGIBLE COSTS to cover both the LW CF GRANT amount and MATCH (TOTAL PROJECT COST
established at the time of APPLICATION) in order to be reimbursed the full LW CF GRANT
amount.
M AJOR SUPPORT AM ENITY–
1. Parking lot, restroom building, or other non-recreational facility located within a PROJECT
SITE.
2. An improvement to the appearance and safety of the general PROJECT SITE such as
landscaping, public art additions, lighting, security cameras, and signage, only when the
item, by itself, is estimated to cost $50,000 or more at the time of APPLICATION.
M INOR SUPPORT AMENITY – a permanent single purpose stand-alone item that is not a
RECREATION FEATURE, including but not limited to a sign, bench, and drinking fountain
estimated to cost, by itself, less than $50,000 at the time of APPLICATION.
NEPA – the National Environmental Protection Act (https://www.epa.gov/compliance)
NEW PARK – a PARK that did not exist before the APPLICATION deadline.
NEW RECREATIONALOPP ORTUNITY – construction of a new RECREATION FEATURE where none
currently exists. Or, f or RENOVATION, an existing RECREATION FEATURE will be changed
beyond its original condition so that it allows for EXPANDED use.
NPS – the National Park Service
OBLIGATE – when NPS approves a PROJECT and enters into a funding agreement with
DPR/OGALS to designate the GRANT funds for the PROJECT.
OGALS – the California Department of Parks and Recreation’s Office of Grants and Local
Services.
OPEN PROJECT SELECTION PROCESS – the use of COMPETITIVE PROJECT Selection Criteria
shown in this APPLICATION GUIDE to recommend California’s LW CF GRANT PROJECTS to NPS.
OPEN SP ACE – a natural or landscaped portion of the PROJECT designed specifically for
active or passive outdoor recreation, or to be a wildlife preserve.
PARK – land for the general public’s physical and social health that provides RECREATION
FEATURES for outdoor or indoor athletic activities, cultural enrichment, nature appreciation,
or other active or passive recreational activities, and which includes a portion of OPEN
SPACE. Under this definition, a greenway or linear PARK is also a PARK. A school is not a
PARK and a community center on land that does not include an adjacent portion of OPEN
SPACE is not a PARK.
PERPETUITY – the required STEW ARDSHIP of land for eternity within a 6(f)(3) BOUNDARY MAP
approved by the NPS.
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PRE-AWARD PROJECT PLANNING COSTS – costs incurred prior to NPS’ PROJECT approval
necessary f or PROJECT preparation. Examples include site investigation and selection, site
planning, feasibility studies, CEQA/NEPA environmental review, Section 106, and the PD/ESF
Form, preliminary design, preparation of cost estimates, construction drawings and
specifications.
PROJECT – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT
SCOPE/Cost Estimate Form.
PROJECT COMPLETION – when the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed
in the GRANT SCOPE /Cost Estimate Form are complete and the facilities are open and
useable by the public. W ith approval by OGALS, PROJECT COMPLETION may occur before the
facilities are open and useable by the public.
PROJECT OFFICER – an OGALS employee who acts as a GRANT administration contact for
APPLICANTS and GRANTEES.
PROJECT SITE – the entire PARK property.
RATE OF REIM BURSEM ENT – The "RATE OF REIMBURSEMENT" is based on the percentage of the
LW CF GRANT amount in relation to the TOTAL PROJECT COST established at the time of
APPLICATION. This percentage will be reimbursed to the GRANTEE out of the TOTAL PROJECT
COST when the ELIGIBLE COSTS are incurred and listed on the GRANT Expenditure Form
submitted by a GRANTEE to OGALS.
RECREATION FEATURE – a f acility that provides active or passive recreational use. The
ACQUISITION of land is also considered a RECREATION FEATURE.
RENOVATION – construction to change an existing RECREATION FEATURE beyond its original
condition so that it creates a NEW RECREATION OPPORTUNITY and EXPANDED use.
6(f)(3) BOUNDARY M AP – a tool showing the LWCF boundary used as communication between
NPS, OGALS, and GRANTEES
that:
• Shows the agreed boundaries of the protected PARK site at the time of PROJECT
approval pursuant to Section 6(f)(3) of the LW CF Act and Title 36, Part 59 in the U.S.
Code of Federal Regulations.
• Helps with site inspections for compliance with POST-COMPLETION PARK STEW ARDSHIP
STANDARDS.
W hen an LW CF PROJECT is completed, the land within the approved 6(f)(3) BOUNDARY MAP is
placed under federal protection to preserve the public’s outdoor recreational use of the site
in PERPETUITY.
SCORP (STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN) – an analysis and report
updated every f ive years as required by LW CF to identify California’s public outdoor
recreation needs and priorities.
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71
ST ATE RE APPORTIONM ENT ACCOUNT (SRA) – previously OBLIGATED funds that are no longer
needed for the PROJECT because the PROJECT was withdrawn or completed under-budget,
meaning f or less than the TOTAL PROJECT COST estimated cost at the time of APPLICATION.
The unspent, previously OBLIGATED funds are moved into this separate SRA account by NPS
and will not be made available to California for other PROJECTS until all statewide
UNOBLIGATED funds become OBLIGATED.
STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PL AN (SCORP) – an analysis and report
updated every f ive years as required by LW CF to identify California’s public outdoor
recreation needs and priorities.
TOTAL PROJECT COST – the estimated cost at the time of APPLICATION to complete the
RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed on the GRANT SCOPE/Cost
Estimate Form. The TOTAL PROJECT COST is the LW CF GRANT plus MATCH.
UNDERSERVED POPULAT ION – seniors, at risk youth, and persons with disabilities with the
lack of financial resources to access PARKS outside their neighborhood, city, or region.
UNIFORM APPR AIS AL STANDARDS FOR FEDER AL LAND ACQUISITIONS (UASFLA) – appraisal
standards also known as the “Yellow Book” standards required for federal land ACQUISITION.
Compliance with UASFLA differs from, yet is generally compatible with the Uniform
Standards of Professional Appraisal Practice (USPAP). However, USPAP compliance
alone will not result in UASFLA compliance because UASFLA has higher standards than
USPAP. For a complete discussion of the specific UASFLA policies and guidance for
LW CF appraisals, see pages 4-20 through 4-24 in the NPS LW CF State Assistance Manual.
UNOBLIGATED FUNDS – money made available through an APPORTIONMENT TO CALIFORNIA
that is not yet allocated to any PROJECT approved by NPS. UNOBLIGATED FUNDS are money
that is available f or a new LW CF GRANT.
VIEWSHED – a particular scenic outdoor natural area deemed worthy of preservation against
DEVELOPMENT.
WAIVER OF RETROACTIVITY – approval by NPS for the APPLICANT to incur costs and even
complete the PROJECT at the APPLICANT’S own risk before NPS approves the PROJECT and
OBLIGATES the GRANT funds (before the APPLICANT becomes a GRANTEE). For the costs to
become retroactively eligible, the “W AIVER OF RETROACTIVITY” request must be approved by
NPS before the costs are incurred. W ith this NPS approval, the APPLICANT can then incur
costs and eventually request a reimbursement if the APPLICANT becomes a GRANTEE. See
Requesting a W AIVER OF RETROACTIVITY on page 41.
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Agenda #: 6.4
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: QUITCLAIM OF CITY’S INTERESTS IN A PORTION OF HAWKWOOD
ROAD.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2018-XX Quitclaiming the City of Diamond Bar's interests in a
portion of Hawkwood Road located within Tract 47850 of the Diamond Bar Country
Estates.
FINANCIAL IMPACT:
A minor reduction in future maintenance costs is anticipated.
BACKGROUND/DISCUSSION:
In 1997, Tract Map 47850, a 50-lot subdivision located at the southwesterly portion of
the Diamond Bar Country Estates, commonly known as the Crystal Ridge, was
approved by the City Council. Approximately 100 lineal feet of the easterly terminus of
Hawkwood Road, which lies within the boundaries of Tract 48750, was offered for
dedication on the Tract Map as a public street and upon recordation of the Tract Map
was accepted by the City.
In 2001, the City Council adopted a resolution vacating this portion of Hawkwood Road
as a public street while reserving an easement for emergency vehicle access.
Recordation of the resolution of vacation was conditioned upon what was then the
Crystal Ridge homeowner's association, amending its CC&Rs to annex this portion of
Hawkwood Road into the association's common area. This street area was apparently
never annexed into the association and as such, the resolution of vacation was never
recorded and the City still owns this portion of Hawkwood Road.
A private security gate was later installed by the tract developer across Hawkwood
Road to restrict non-emergency access into the Crystal Ridge tract. In 2009, Crystal
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Ridge was annexed into the Diamond Bar County Estates Association (DBCEA),
resulting in all common areas of Crystal Ridge becoming the common areas of DBCEA.
This private gate constructed across what was still a City-owned or a public street came
to staff’s attention. Construction of private gates across public streets are generally not
permitted so the City must either relinquish its ownership of th is portion of Hawkwood
Road behind the gate or potentially have the gate removed. Given that the City has no
present or anticipated future uses of this property, it is proposing to quitclaim its interest
to DBCEA, which will maintain it as part of its common area and thus, implement the
action that was contemplated, but never completed, back in 2001. The portion of
Hawkwood Road to be quitclaimed is described and depicted in Exhibits "A" and "B" of
the Quitclaim Deed which is attached to Resolution No. 2018-XX (Attachment 1).
DBCEA has approved its support for the street property transfer and agreed to maintain
this portion of Hawkwood Road as required.
As required by California Government Code Section 65402, before the disposition of
any public street, the Planning Commission must review the proposed quitclaim of the
portion of Hawkwood Road for consistency with the City’s adopted General Plan and
adopt a resolution to record its findings. The Planning Commission adopted Resolution
No. 2017-27 (Attachment 2) at its meeting of November 28, 2017 finding the proposed
street area disposition to be in conformance with the City's General Plan. As shown in
the attached location map (Attachment 3), there is no present and prospective City use
of this street since it does not provide public access or use other than serve the
properties within the gated community of the DBCEA. This portion of Hawkwood Road
will still be needed for emergency access and there are exis ting utilities therein.
Resolution 2018-XX provides that the DBCEA will maintain this portion of Hawkwood
Road for emergency access to the satisfaction of the Los Angeles County Fire
Department and existing utilities will maintain their rights therein.
LEGAL REVIEW:
The City Attorney has reviewed and approved the resolution and quitclaim deed as to
form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.4.a Resolution 2018-XX and Quitclaim Deed of Hawkwood Road
2. 6.4.b Planning Commision Reso. No. 2017-27
3. 6.4.c Location Map of Hawkwood Road
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RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO
QUITCLAIM THE CITY OF DIAMOND BAR’S INTERESTS IN A PORTION OF
HAWKWOOD ROAD TO THE DIAMOND BAR COUNTRY ESTATES
ASSOCIATION.
A. RECITALS
WHEREAS, in 1997 a portion of Hawkwood Road was dedicated to the City of
Diamond Bar in fee for public street purposes on Tract Map No. 47850, recorded in
Book 1225, Pages 89 through 99 inclusive, of maps in the Office of the County
Recorder of the County of Los Angeles, State of California; and
WHEREAS, the City has determined that approximately 6,591 square feet of
dedicated Hawkwood Road is not needed for any current or prospective use by the City
as is more particularly described and depicted in Exhibits "A" and "B" of the Quitclaim
Deed (hereafter, the "Property") which is attached hereto and incorporated herein by
this reference; and
WHEREAS, the Property lies within the Diamond Bar Country Estates
Association (DBCEA) and DBCEA has agreed to annex and maintain the Property as
common area in accordance with the Quitclaim Deed; and
WHEREAS, the Planning Commission has determined, in accordance with
Government Code section 65402, that the disposition of the Property is consistent with
the City's General Plan in that it is not needed for any City purpose; and
WHEREAS, by way of the Quitclaim Deed, DBCEA will maintain a portion of the
Property for emergency access and DBCEA's use thereof will be subject to all existing
utilities.
B. RESOLUTION:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. That disposing of the Property furthers a City purpose in that the City has
no present or future need for the Property and transferring title to the DBCEA will relieve
the City of maintenance and liability responsibilities for the Property, which otherwise
has little to no value.
2. That the Mayor is authorized to execute the Quitclaim Deed in the form
attached to this Resolution.
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3. The Quitclaim Deed is made and offered with the understanding that the
DBCEA will annex the Property into its common area as such is defined in the
applicable Covenants, Conditions and Restrictions and will maintain an emergency road
access across a portion thereof in a manner acceptable to the Los Angeles County Fire
Department as such emergency road access is described and depicted in the Quitclaim
Deed.
4. All existing utilities shall maintain such rights in the Property as exists at
the time the Quitclaim Deed is recorded.
5. Upon execution of the acceptance by the DBCEA of the Quitclaim Deed,
the City Clerk of the City of Diamond Bar shall cause the original of the Quitclaim Deed
to be recorded in the Office of the County Recorder of the County of Los Angeles, State
of California
ADOPTED THIS 16TH DAY OF JANUARY, 2018.
BY: __________________________________
Ruth M. Low, Mayor
I, _______________, City Clerk of the City of Diamond Bar, California do hereby certify
that the foregoing Resolution Number 2018- XX was duly introduced, passed, and
adopted by the City Council of the City of Diamond Bar, California at a regular meeting
of the City Council held on the 16th day of January, 2018, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
ATTEST: __________________________________
Tommye A. Cribbins, City Clerk
City of Diamond Bar, California
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
DIAMOND BAR COUNTRY ESTATES
ASSOCIATION
22615 Lazy Meadow Drive
Diamond Bar, CA, 91765
Copy to:
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attention: City Clerk
(Space Above This Line For Recorder's Use)
This document is recorded at the request of and for the benefit of the City of Diamond Bar, a municipal
corporation and is therefore exempt from the payment of the recording fee pursuant to Government Code Section
6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.
QUITCLAIM DEED
That the City of Diamond Bar, a municipal corporation, does hereby quitclaim, release and terminate unto the
Diamond Bar Country Estates Association, all rights, title and interest of all property, dedicated in fee by statement
on Tract Map No. 47850 in the City of Diamond recorded in Book 1225, Page 89 through 99 of maps in the office
of the recorder in the County of Los Angeles, within the boundaries of the property described in Exhibit “A” and as
depicted on Exhibit "B", subject to the reservation of an emergency access easement over the property as such
easement is shown in Exhibit "B" and subject to all easements and rights necessary to maintain, operate, replace,
remove or renew any public or private utility facilities in place as of the date of recording of this document.
Dated: _____________, 2018
City of Diamond Bar, a municipal corporation
By:
Ruth M. Low
Mayor
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CERTIFICATE OF ACCEPTANCE OF QUITCLAIM DEED
This is to certify that the interest in real property conveyed by the quitclaim deed dated ______________,
2018, from the City of Diamond Bar, a municipal corporation ("Grantor"), to Diamond Bar Country Estates
Association ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to
authority conferred by the Grantee's Board of Directors and the Grantee consents to recordation thereof by its duly
authorized officer.
Dated: __________, 2018 ________________________________
Name:
Title:
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
On , 2018, before me, , a Notary Public
in and for said State, personally appeared ___________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Notary Public in and for said State
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Diamond Bar Blvd.Brea Canyon RoadAttachment 3 Page 1 of 2
Location of
Hawkwood Road
Hawk
w
o
o
d
Road
Location of
Hawkwood Road
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HAWKWOOD ROAD
GATE
STEE
P
L
E
C
H
A
S
E
L
A
N
E
CRYSTAL R
IDGE
ROAD
Attachment 3 Page 2 of 26.4.c
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Agenda #: 6.5
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: UPDATES TO THE FY 2017-2018 INVESTMENT POLICY.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2018-XX approving an updated Investment Policy for FY 2017-
2018.
FINANCIAL IMPACT:
None.
BACKGROUND:
The City Council adopted the FY 2017 -18 Investment Policy on June 6, 2017. The
City’s Investment Policy was subsequently submitted to the California Municipal
Treasurer’s Association (CMTA) Investment Policy Certification Program. A qualifying
score for investment policy certification is an 85. The City’s investment policy, as
submitted in July 2017, received an average score of 83. CMTA recommended minor
changes and additions to the policy in order to receive certification. These
recommendations are incorporated in a proposed revised policy for Council
consideration.
DISCUSSION:
The Investment Policy states the goals of the City’s investment activities, the types of
investments in which the City is allowed to invest its funds and the reporting
requirements.
A redline/strikeout version of the proposed policy changes which was last updated in
June 6, 2017 is included as Exhibit A to Resolution No. 2018 -xx (Attachment 1) and
summarized below:
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1. Section 2.0 – Language was added to clarify that this investment policy does not
apply to bond proceeds, deferred compensation funds, retirement or other post -
employment benefits trust funds.
2. Section 4.0 – Clarification to the criteria of “Safety” as it relates to the City’s
investment objectives was added.
3. Section 5.0 – Language was added to the policy to mirror the language in the
Municipal Code related to the delegation of authority of treasury duties. It further
highlights that the City Manager/Treasurer retains the responsibility for th e
treasury duties regardless of delegation.
4. Section 6.0 – Language was added to discuss the review of the Form 700 filed
with the Fair Political Practices Commission (FPPC) by the Treasurer and the
Finance Director.
5. Section 7.0 – NASD (National Association of Security Dealers) was replaced
with FINRA (Financial Industry Regulatory Authority) which is the regulatory body
for broker/dealers used by the City. Additionally, the list of authorized
broker/dealers that the City uses will be kept as a separate list on file in the
Finance Department rather than within the policy. This allows for more flexibility
as different broker/dealers may offer better investment instruments throughout
the year to meet the City’s investment objectives.
6. Section 8.0 – The investment limits for Money Market Funds has been set at
20% of the investment portfolio. The maximum amount of funds to be invested in
LAIF was increased from $50 million to $65 million per California State Code. In
addition, Section 9.0, Prohibited and Restricted Categories of Investments, has
been combined with Section 8.0.
7. Section 10.0 – A new section on diversification of the portfolio was added to the
policy which highlights the goal to keep the portfolio as diversified as possible in
order to limit credit risk.
8. Section 15.0 – A new section on performance standards was added to the
policy. The total return benchmark of the portfolio shall be measured against the
rates of return of a combination of the LAIF rate (approximately 1.18%) and the
two-year U.S. Treasury Note (approximately 1.89%) as of 12/31/2017.
It is the intention of staff to re-submit the attached policy to CMTA for certification of the
Investment Policy after City Council Adoption.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.5.a Resolution No. 2018-XX, FY 17-18 Investment Policy Update
2. 6.5.b Investment Policy FY 17-18 redline
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RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING AN
UPDATED INVESTMENT POLICY FOR FY 2017-2018
A. RECITALS
WHEREAS, the Investment Policy is intended to provide guidelines for
the prudent investment of the City’s temporarily idle cash and to outline the
policies for maximizing the efficiency of the City’s cash management system; and
WHEREAS, it is the City’s policy to annually adopt the City Investment
Policy.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby resolve as follows:
SECTION 1. That the City Council of the City of Diamond Bar adopts the
attached updated Investment Policy for FY 2017-2018 (Exhibit A).
PASSED, APPROVED AND ADOPTED this 16th day of January, 2018.
____________________________
Ruth M. Low, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the 16th
day of January, 2018, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Tommye Cribbins, City Clerk
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1
CITY OF DIAMOND BAR
INVESTMENT POLICY— FY 2017-18
1.0 POLICY:
This Statement is intended to provide guidelines for the prudent investment of the City of
Diamond Bar’s (“City”) temporarily idle cash and to outline the policies for maximizing the
efficiency of the City's cash management system. The ultimate goal is to enhance the
economic status of the City while protecting its pooled funds in accordance with the
applicable local, state and federal laws.
It is the policy of the City Council to review, update and adopt the City's Investment
Policy on an annual basis.
2.0 SCOPE:
This investment policy applies to all financial assets of the City of Diamond Bar.
The Policy applies to the following funds and is accounted for in the City’s annual
audited financial statements.
A. General Fund
B. Special Revenue Funds
C. Debt Service Funds
D. Capital Improvement Fund
E. Internal Service Funds
This investment policy does not apply to bond proceeds, deferred compensation funds,
retirement or other post-employment benefits trust funds as these are governed under
separate California Government Code sections or other documentation.
3.0 STANDARDS OF PRUDENCE:
The City Treasurer (or Finance Director) authorized to make investment decisions on
behalf of the City of Diamond Bar investing public funds pursuant to this policy are
trustees and therefore fiduciaries subject to the prudent investor standard. When
investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public
funds, a trustee shall act with care, skill, prudence and diligence under the
circumstances then prevailing, including but not limited to, the general economic
conditions and the anticipated needs of the City, that a prudent person acting in a like
capacity and familiarity with those matters would use in the conduct of funds of a like
character and with like aims, to safeguard the principal and maintain the liquidity needs
of the City. Within the limitations of this section and considering individual investments
as part of an overall strategy, the City Treasurer or Finance Director is authorized to
acquire investments as authorized by law.
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2
4.0 INVESTMENT OBJECTIVES:
The investment of funds of the City of Diamond Bar is directed to the goals of safety,
liquidity and yield. The authority governing investments for municipal governments is set
forth in the Government Code, Sections 53600, et. seq.
1. Safety. Safety of principal is the foremost objective of the investment program.
Investments of the City of Diamond Bar shall be undertaken in a manner that
seeks to ensure the preservation of capital in the overall portfolio. To attain this
objective, the City of Diamond Bar will diversify its investments by investing funds
among a variety of securities with independent returns. . The City will operate
only in those investments that are considered very safe.Each investment
transaction shall seek to first ensure that capital losses are avoided, whet her
they are from securities default or erosion of market value. Investment decisions
should not incur unreasonable investment risks in order to obtain current
investment income.
2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature at the same time as cash is
needed to meet anticipated demands. Additionally, since all possible cash
demands cannot be anticipated, the portfolio will consist largely of securities with
active secondary or resale markets or local government investment pools which
offer same-day liquidity for short-term funds.
3. Yield. The investment portfolio shall be designed with the objective of achieving a
competitive market rate of return or yield, while taking into account the investment
risk constraints and liquidity needs. Return on investment is of secondary
importance compared to safety and liquidity. The core investments shall be limited
to low risk securities to be held to maturity with the following exceptions:
A security with declining credit may be sold early to minimize loss of
principal
A security swap would improve the quality, yield or target duration of the
portfolio.
The liquidity needs of the portfolio require security to be sold.
5.0 DELEGATION OF AUTHORITY
Authority to manage the City of Diamond Bar’s investment program is derived from
Section 2.16.210 of the City of Diamond Bar’s Municipal Code which designates the
City Manager to perform all duties associated with the legal function of the treasurer
position. Under the above referenced section of the City of Diamond Bar’s Municipal
Code, the City Manager, with City Council approval, may designate a treasurer (i.e.
the Finance Director). However, the City Manager shall retain all responsibility for
the duties of the Treasurer position. Management responsibility is hereby delegated
to the City Treasurer who shall be responsible for all transactions undertaken and for
establishing a system of controls to regulate the activities of subordinate officials,
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3
and their procedures in the absence of the Treasurer.
6.0 ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program or
which could impair their ability to make impartial investment decisions. Employe es and
investment officials are required to file annual disclosure statements (Form 700) as
required for “public officials who manage public investments” (as defined and required by
the Political Reform Act and related regulations, being Government Code Se ctions 81000
and the Fair Political Practices Commission [FPPC]). The City Manager is required to “e-
file” the Form 700 directly with the FPPC. The FPPC reviews the Form 700 for any
conflicts of interest. The Finance Director files the Form 700 with the City Clerk who
reviews for any conflicts of interest.
7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Treasurer (or Finance Director) will maintain a list of approved financial institutions
authorized to provide investment services to the public agency in the State of California.
A determination should be made to insure that all approved broker/dealer firms and
individuals covering the City of Diamond Bar are reputable and trustworthy. In addition,
the broker/dealer firms should have the ability to meet all of their financial obligations in
dealing with the City of Diamond Bar. The firms and individuals covering the City of
Diamond Bar should be knowledgeable and experienced in Public Agency investing and
the investment products involved. No public deposit shall be made except in a qualified
public depository as established by State law. All financial institutions and broker/dealers
who desire to conduct investment transactions with the City of Diamond Bar must supply
the City Treasurer or the Finance Director with the following: audited financial statements,
proof of NASD FINRA certification, trading resolution, proof of State of California
registration, completed broker/dealer questionnaire, certification of having read the City of
Diamond Bar’s investment policy and depository contracts.
An annual review of the financial condition and registrations of qualified bidders will be
conducted by the Treasurer or the Finance Director. A current audited financial statement
is required to be on file for each financial institution and broker/dealer with which the City
of Diamond Bar invests. A list of authorized broker/dealers is kept on file in the Finance
Department.
List of Authorized Broker/Dealers
Broker/Dealer Under Contract Since
BOSC, Inc. September 2014
First Empire Securities March 2012
Great Pacific Securities September 2005
Time Value Investments August 2012
Wells Fargo Institutional Securities June 2005
Mutual Securities January 2016
8.0 AUTHORIZED AND SUITABLE INVESTMENTS
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4
The City’s investments are governed by the California Government Code (CGC). Specific
types of investments are defined in CGC 53635. Also, CGC 53635.2 permits the use of
CGC 53601 investment instruments, therefore, both CGC 53601 et seq. and CGC 53635
et seq. are the governing sections pertaining to legal investments. Investments will only
be made in authorized securities with a maturity date of five (5) years or less from the
transaction settlement date.
For the purpose of these investments, the compliance with the investment percentage(s),
in regards to the total investment portfolio, shall be calculated on the date the investment
is acquired. If the percentage is legally compliant on the date of purchase, then
compliance with the law shall have been met.
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Investment California Legal Requirements
City of Diamond Bar Requirements
Government Obligations:
U.S. Treasury and Agency Obligations
(U.S. Treasury obligations are bills, notes
and bonds issued by and direct obligations
of the U.S. Government. Agency
obligations are notes and bonds of Federal
agencies and government sponsored
enterprises, although not direct obligations
of the Treasury, they involve federal
sponsorship or guarantees)
Authorized by CGC 53601(b), (f)
1. No limit on amount in the portfolio
Bankers Acceptances
(A draft or bill of exchange accepted by a
bank or trust company and brokered to
investors in a secondary market. Its
purpose is to facilitate trade and provide
liquidity to the import-export markets).
Authorized by CGC 53601(g)
1. Not to exceed 180 days
2. Not to exceed 40% of portfolio
3. Not to exceed 30% of portfolio if done
with one bank.
Commercial Paper
(Short term, unsecured, promissory notes
issued by firms in the open market. These
notes are generally backed by a bank
credit facility, guarantee/bond of indemnity
or some other support agreement.
Authorized by CGC 53601 (h), CGC
53601.2 & CGC 53635 (a)
1. Not to exceed 270 days
2. Not to exceed 25% of portfolio
3. No more than 10% of portfolio may be
invested in a single issuer
4. Must be rated P-1 by Moody’s Investors
Service or A-1 by Standard and Poor’s
Medium Term Notes
(Corporate notes, deposit notes and bank
notes sold by an agent in the open market
on a continually offered basis. These
notes are debt obligations generally
unsecured, although some issues come to
market on a collateralized or securitized
basis.
Authorized by CGC 53601 (k), CGC
53601.2
1. Must have an minimum “A” rating
2. Not to exceed 30% of portfolio
3. Not to exceed 5% of portfolio with single
issuer
Negotiable Certificates of Deposit
(Issued by commercial banks and thrift
institutions against funds deposited for
specified periods of time and earn
specified or variable rates of interest.
NCD’s differ from other CD’s because of
their increased liquidity as they are actively
traded on the secondary market. These
deposits are uninsured and
uncollateralized promissory notes.
Authorized by CGC 53601 (i), GCC 53638
1. Not to exceed 30% portfolio
2. All purchases must be from institutions
rated by a nationally recognized rating
organization as designated by the Security
and Exchange Commission.
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Certificates of Deposit
(Unsecured, direct obligations of a U.S.
bank or savings & loan association.
Federal Deposit Insurance Corporation
(FDIC) coverage is provided for
government deposits, but limited to the first
$250,000 on deposit on behalf of a given
entity at a single financial institution.
California law requires that deposits of
public funds shall be collateralized if not
insured).
Authorized by CGC 53635, 53635.2,
53635.8, 53636, 53637, 53638, 53641
1. Must not exceed 30% of portfolio
2. Deposits in excess of the $250,000
FDIC insured limit shall be collateralized at
a level of 110% of market value of principal
and accrued interest.
Repurchase Agreement
(These are agreements between an
investor (the pool) who agrees to purchase
securities and a seller (broker/dealer) who
commits to repurchase these securities at
a later date at the same price, plus
interest).
Authorized by CGC 53601 (j)
1. Market value of the security must be
102% or greater, and adjusted quarterly.
2. The minimal market value of 102% can’t
be established by more than the next
business day.
3. Requires a signed Master Repurchase
Agreement from the participating bank or
broker/dealer.
Local Agency Obligations
(Bonds, notes warrants or other evidences
of indebtedness of any local agency or by
a department, board or authority of any
local agency within the 50 United States).
Authorized by CGC 53601(a)(c)(d)
1. Must comply with the financial
requirements pertaining to temporary
borrowing (TRANS, RANS, GANS) as
shown in CGC 53820 – 53858.
2. Minimum credit requirement – Issuers
must be at or above the following
investment grade from one of these rating
firms:
Standard & Poors – Sp-1 or A; Fitch – F-1
or A; Moody’s – MIG 1 or A
Money Market Funds
Shares of beneficial interest issued by
management companies. Shares
represent ownership of diversified portfolio
securities, which are redeemable at their
net asset value).
Authorized by CGC 53601 (l)
1. The pooled investments that comprise
these funds must comply with 53601 and
53630 inclusive.
2. Must not exceed 20% of portfolio
Local Agency Investment Fund (LAIF)
Provides high liquidity allowing deposits to
be credited to the City’s checking account
within twenty-four (24) hours. State Pool
funds are operated directly by the Office of
the State Treasurer, who commingles state
and local funds.
Authorized by CGC 16429.1 (b)
1. No more than 60% or $50 65 million
whichever is less shall be invested in LAIF.
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Supranational
United States dollar denominated senior
unsecured unsubordinated obligations
issued or unconditionally guaranteed by
the International Bank for Reconstruction
and Development, International Finance
Corporation, or Inter-American
Development Bank.
Authorized by CGC 53601 (q)
1. Maximum maturity of five years or less
2. Eligible for purchase and sale within the
United States
3. “AA” rated or better by an NRSRO
4. Not to exceed 30% of the portfolio
9.0 PROHIBITED AND RESTRICTED CATEGORIES OF INVESTMENTS
The following investments are either prohibited by law or authorized by law and prohibited
by the City Treasurer.
Inverse Floaters Prohibited by CGC 53601.6
Range Notes Prohibited by CGC 53601.6
Mortgage Derived, Interest-only Strips Prohibited by CGC 53601.6
Zero (“Strip”) Coupons Prohibited by CGC 53601.6
Futures Market Allowable by CGC 53601.6
Prohibited by City Treasurer
Options Market Allowable by CGC 53601.6
Prohibited by City Treasurer
Priority Obligations Allowable by CGC 53601 (n)
Prohibited by City Treasurer
10.09.0 REVIEW OF INVESTMENT PORTFOLIO
The securities held by the City of Diamond Bar must be in compliance with Section 8.0
Authorized and Suitable Investments at the time of purchase. Because some securities
may not comply with Section 8.0 subsequent to the date of purchase the City Treasure r
shall at least quarterly review the portfolio to identify those securities that do not comply.
The City Treasurer shall establish procedures to report to the City Council major and
critical incidences of noncompliance identified through the review of the portfolio.
Should any investment listed in Section 8 exceed a percentage -of-portfolio limitation due
to an incident such as fluctuation in portfolio size, the affected securities may be held to
maturity to avoid losses. When no loss is indicated, the Treasurer shall consider
rebalancing the portfolio after evaluating the expected length of time that it will be
imbalanced.
Portfolio percentage limits are in place in order to ensure diversification of the City
investment portfolio; a small temporary imbalance will not significantly impair that strategy.
10. DIVERSIFICATION
The City shall diversify its investments by security, type, issuer, maturity and financial
institutions. No percentage limitations are established for United States government,
United States government agencies and United States government sponsored
enterprises; however percentage limitations are established for other permitted
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investments as noted in Section 8.0 of this policy. The investments shall be diversified by
limiting investment in securities that have higher credit risks and investing in securities
with varying maturities.
11.0 COLLATERALIZATION
Collateralization will be required on two types of investments: certificates of deposit and
repurchase agreements. In order to anticipate market changes and provide a level of
security for all funds, the collateralization level will be 110% of market val ue of principal
and accrued interest. The City Treasurer, at his/her discretion may waive the collateral
requirement for deposits up to the maximum dollar amount which are covered by the
Federal Deposit Insurance Corporation, currently $250,000.
12.0 SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by
the City of Diamond Bar shall be conducted on a delivery versus payment (DVP) basis.
Securities will be held by a third party custodian designated by the Treasurer and
evidenced by safekeeping receipts.
13.0 MAXIMUM MATURITIES
To the extent possible the City of Diamond Bar will attempt to match its investments with
anticipated cash flow requirements. The prescribed method of the City of Diamond Bar
shall be referred to as “layering” the investmentsladdering maturities”. Monies not needed
to cover immediate operating costs may be invested up to a five year maturity.
14.0 INTERNAL CONTROLS
The City Treasurer and the Finance Director shall establish procedures that separate the
internal responsibility for management and accounting of the investment portfolio. An
analysis by an independent, external auditor shall be conducted periodically to review
internal controls, account activity and compliance with policies and procedures.
15.0 PERFORMANCE STANDARDS
The investment portfolio will be designed with the objective of obtaining a rate of return
throughout budgetary and economic cycles, commensurate with invest ment risk
constraints and cash flow needs. The City’s basic investment strategy is to passively
manage its investment portfolio. Investments are generally held to maturity. A security
may be sold due to adverse changes in credit risk or due to unexpecte d cash flow needs.
The total return benchmark used by the Treasurer to determine whether market yields are
being achieved and shall be the rates of return from the following combination of indices:
Local Agency Investment Fund (LAIF) and the two-year U.S. Treasury Note.
156.0 REPORTING
As required by California Government Code Section 53607, a monthly report of
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investments will be provided to the City Council. The required elements of this report are
as follows:
a) Type of investment
b) Issuer
c) Date of Maturity
d) Amount of deposit or cost of security
e) Current market value of securities with maturity in excess of twelve months
f) Statement relating the report to the Statement of Investment Policy
g) Rate of interest
h) Statement that there are sufficient funds to meet the next six months' obligations
The basic premise underlying the City of Diamond Bar's investment philosophy is to
insure that money is always available when needed.
167.0 Investment Policy Adoption
The City of Diamond Bar’s investment policy shall be adopted by resolution of the City
Council. The policy shall be reviewed annually by the City Council and any modifications
made thereto must be approved by the City Council.
Attachments: Appendix A - Broker Dealer Questionnaire
Appendix B - Glossary of Cash and Investment Management Terms
Appendix C - Local Agency Investment Fund Description
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APPENDIX A
CITY OF DIAMOND BAR
BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION
1. Name of Firm:
2. Address:
3. Telephone: ( ) ( ) ______ ___ ______ __
4. Broker's Representative to the City (attach resume):
Name:
Title:
Telephone: ( )
5. Manager/Partner-in-Charge (attach resume):
Name:
Title:
Telephone: ( )
6. List all personnel who will be trading with or quoting securities to City
employees (attach resume)
Name:
Title:
Telephone: ( ) ( ) _____ _ ___ ______ __
7. Which of the above personnel have read the City's investment policy?
_________________________________________________________________
_________________________________________________________________
8. Is your firm a primary dealer in United States Government Securities?
Yes____ No____
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9. List the total volume of United States Government and Agency Securities for the last
calendar year.
Firm-wide $_______________ No. of Transactions
Your local office $__________ No. of Transactions
10. Which instruments are offered regularly by your local office?
___ Treasury Bills ___ CMO’s
___ Treasury Notes/Bonds ___ Bank CD’s
___ BA’s (domestic) ___ S & L CD’s
___ BA’s (foreign) ___ Repos
___ Commercial Paper ___ Reverse Repos
___ Agencies (specify): ___ Other (specify):
11. References -- Please identify your most directly comparable public sector clients in
our geographical area.
Entity __________________________
Contact ________________________
Telephone ( ) ___________________ ( )
Client Since
12. Have any of your clients ever sustained a loss on a securities transaction arising from a
misunderstanding or misrepresentation of the risk characteristics of the instrument? If so,
explain.
13. Has your local office ever subject to a regulatory or state/federal agency investigation for
alleged improper, fraudulent, disreputable or unfair activities related to the sale of
securities? Have any of your employees been so investigated? If so explain:
14. Has a client ever claimed in writing that your firm was responsible for investment losses?
If so, explain. _____________________________________________
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15. Explain your normal custody and delivery process. Who audits these fiduciary systems?
Can you meet safekeeping requirements? ___________________
16. How many and what percentage of your transactions failed
Last month? ___________ Last year? ______________
17. Describe the capital line and trading limits of the office that would conduct business with
the City of Diamond Bar.
18. Does your firm participate in the S.I.P.C. insurance program if not, explain.
19. What portfolio information, if any, do you require from your clients?
20. What reports, transactions, confirmations and paper trail will the City receive?
21. Does your firm offer investment training to your clients?
___Yes ___No
22. Please enclose the following:
Latest audited financial statements.
Samples of reports, transactions, and confirmations the City will receive.
Samples of research reports and/or publications that your firm regularly provides to
clients.
Complete schedule of fees and charges for various transactions.
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***CERTIFICATION***
I hereby certify that I have personally read the Statement of Investment Policy of the City
of Diamond Bar, and have implemented reasonable procedures and a system of controls
designed to preclude imprudent investment activities arising out of transactions conducted
between our firm and the City of Diamond Bar. All sales personnel will be routinely
informed of the City's investment objectives, horizons, outlooks, strategies and risk
constraints whenever we are so advised by the City. We pledge to exercise due diligence
in informing the City of Diamond Bar of all foreseeable risks associated with financial
transactions conducted with our firm. Under penalties of perjury, the responses to this
questionnaire are true and accurate to the best of my knowledge.
Signed __________________________ Date
Title _____________________________
Countersignature* __________________ Date
Title _____________________________
* Company president or person in charge of government securities operations.
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Appendix B
Glossary of Cash and Investment
Management Terms
Accrued Interest. Interest earned but which has not yet been paid or received.
Agency. See "Federal Agency Securities."
Ask Price. Price at which a broker/dealer offers to sell a security to an investor. Also known as
“offered price.”
Asset Backed Securities (ABS). A fixed-income security backed by notes or receivables
against assets other than real estate. Generally issued by special purpose companies that “own”
the assets and issue the ABS. Examples include securities backed by auto loans, credit card
receivables, home equity loans, manufactured housing loans, farm equipment loans and aircraft
leases.
Average Life. The average length of time that an issue of serial bonds and/or term bonds
with a mandatory sinking fund feature is expected to be outstanding.
Bankers' Acceptance (BA's). A draft or bill of exchange drawn upon and accepted by a bank.
Frequently used to finance shipping of international goods. Used as a short-term credit instrument,
bankers' acceptances are traded at a discount from face value as a money market instrument in the
secondary market on the basis of the credit quality of the guaranteeing bank.
Basis Point. One hundredth of one percent, or 0.01%. Thus 1% equals 100 basis points.
Bearer Security. A security whose ownership is determined by the holder of the physical
security. Typically, there is no registration on the issuer’s books. Title to bearer securities is
transferred by delivery of the physical security or certificate. Also known as “physical securities.”
Benchmark Bills: In November 1999, FNMA introduced its Benchmark Bills program, a short-
term debt securities issuance program to supplement its existing discount note program. The
program includes a schedule of larger, weekly issues in three- and six-month maturities and
biweekly issues in one-year for Benchmark Bills. Each issue is brought to market via a Dutch
(single price) auction. FNMA conducts a weekly auction for each Benchmark Bill maturity and
accepts both competitive and non-competitive bids through a web based auction system. This
program is in addition to the variety of other discount note maturities, with rates posted on a daily
basis, which FNMA offers. FNMA's Benchmark Bills are unsecured general obligations that are
issued in book- entry form through the Federal Reserve Banks. There are no periodic payments
of interest on Benchmark Bills, which are sold at a discount from the principal amount and
payable at par at maturity. Issues under the Benchmark program constitute the same credit
standing as other FNMA discount notes; they simply add organization and liquidity to the short-
term Agency discount note market.
Benchmark Notes/Bonds: Benchmark Notes and Bonds are a series of FNMA “bullet” maturities
(non-callable) issued according to a pre-announced calendar. Under its Benchmark Notes/Bonds
program, 2, 3, 5, 10 and 30- year maturities are issued each quarter. Each Benchmark Notes new
issue has a minimum size of $4 billion, 30- year new issues having a minimum size of $1
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billion, with re-openings based on investor demand to further enhance liquidity. The amount
of non-callable issuance has allowed FNMA to build a yield curve in Benchmark Notes and
Bonds in maturities ranging from 2 to 30 years. The liquidity emanating from these large size
issues has facilitated favorable financing opportunities through the development of a liquid
overnight and term repo market. Issues under the Benchmark program constitute the same
credit standing as other FNMA issues; they simply add organization and liquidity to the
intermediate- and long-term Agency market.
Benchmark. A market index used as a comparative basis for measuring the performance of an
investment portfolio. A performance benchmark should represent a close correlation to
investment guidelines, risk tolerance and duration of the actual portfolio's investments.
Bid Price. Price at which a broker/dealer offers to purchase a security from an investor.
Bond Market Association (BMA). The bond market trade association representing the largest
securities markets in the world. In addition to publishing a Master Repurchase Agreement, widely
accepted as the industry standard document for Repurchase Agreements, the BMA also
recommends bond market closures and early closes due to holidays.
Bond. Financial obligation for which the issuer promises to pay the bondholder (the purchaser
or owner of the bond) a specified stream of future cash flows, including periodic interest payments
and a principal repayment.
Book Entry Securities. Securities that are recorded in a customer’s account electronically
through one of the financial markets electronic delivery and custody systems, such as the Fed
Securities wire, DTC and PTC (as opposed to bearer or physical securities). The trend is toward
a certificate-free society in order to cut down on paperwork and to diminish investors’ concerns
about the certificates themselves. The vast majority of securities are now book entry securities.
Book Value. The value at which a debt security is reflected on the holder's records at any point
in time. Book value is also called “amortized cost” as it represents the original cost of an
investment adjusted for amortization of premium or accretion of discount. Also called “carrying
value.” Book value can vary over time as an investment approaches maturity and differs from
“market value” in that it is not affected by changes in market interest rates.
Broker/Dealer. A person or firm transacting securities business with customers. A “broker”
acts as an agent between buyers and sellers, and receives a commission for these services. A
“dealer” buys and sells financial assets from its own portfolio. A dealer takes risk by owning
inventory of securities, whereas a broker merely matches up buyers and sellers. See also "Primary
Dealer."
Bullet Notes/Bonds. Notes or bonds that have a single maturity date and are non-callable.
California Local Agency Bonds: Bonds that are issued by a California county, city, city and
county, including a chartered city or county, school district, community college district, public
district, county board of education, county superintendent of schools, or any public or municipal
corporation.
Call Date. Date at which a call option may be or is exercised.
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Call Option. The right, but not the obligation, of an issuer of a security to redeem a security at
a specified value and at a specified date or dates prior to its stated maturity date. Most fixed-
income calls are a par, but can be at any previously established price. Securities issued with a
call provision typically carry a higher yield than similar securities issued without a call feature.
There are three primary types of call options (1) European - one-time calls, (2) Bermudan -
periodically on a predetermined schedule (quarterly, semi-annual, annual), and (3) American
- continuously callable at any time on or after the call date. There is usually a notice period of at
least 5 business days prior to a call date.
Callable Bonds/Notes. Securities, which contain an imbedded call option giving the issuer, the
right to redeem the securities prior to maturity at a predetermined price and time.
Certificate of Deposit (CD). Bank obligation issued by a financial institution generally offering
a fixed rate of return (coupon) for a specified period of time (maturity). Can be as long as 10
years to maturity, but most CDs purchased by public agencies are one year and under.
Collateral. Investment securities or other property that a borrower pledges to secure repayment
of a loan, secure deposits of public monies, or provide security for a repurchase agreement.
Collateralization. Process by which a borrower pledges securities, property, or other deposits
for securing the repayment of a loan and/or security.
Collateralized Mortgage Obligation (CMO). A security that pools together mortgages and
separates them into short, medium, and long-term positions (called tranches). Tranches are set
up to pay different rates of interest depending upon their maturity. Interest payments are usually
paid monthly. In “plain vanilla” CMOs, principal is not paid on a tranche until all shorter tranches
have been paid off. This system provides interest and principal in a more predictable manner. A
single pool of mortgages can be carved up into numerous tranches each with its own payment and
risk characteristics.
Commercial Paper. Short term unsecured promissory note issued by a company or financial
institution. Issued at a discount and matures for par or face value. Usually a maximum maturity
of 270 days, and given a short-term debt rating by one or more NRSROs.
Convexity. A measure of a bond's price sensitivity to changing interest rates. A high convexity
indicates greater sensitivity of a bond's price to interest rate changes.
Corporate Note. A debt instrument issued by a corporation with a maturity of greater than one
year and less than ten years.
Counterparty. The other party in a two party financial transaction. "Counterparty risk" refers to
the risk that the other party, to a transaction, will fail in its related obligations. For example,
the bank or broker/dealer in a repurchase agreement.
Coupon Rate. Annual rate of interest on a debt security, expressed as a percentage of the bond’s
face value.
Current Yield. Annual rate of return on a bond based on its price. Calculated as (coupon rate /
price), but does not accurately reflect a bond’s true yield level.
Custody. Safekeeping services offered by a bank, financial institution or trust company, referred
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to as the “custodian.” Service normally includes the holding and reporting of the customer's
securities, the collection and disbursement of income, securities settlement and market values.
Dealer. A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
Delivery Versus Payment (DVP). Settlement procedure in which securities are delivered
versus payment of cash, but only after cash has been received. Most security transactions,
including those through the Fed Securities Wire system and DTC, are done DVP as a protection
for both the buyer and seller of securities.
Depository Trust Company (DTC). A firm through which members can use a computer to
arrange for securities to be delivered to other members without physical delivery of certificates.
A member of the Federal Reserve System and owned mostly by the New York Stock Exchange,
the Depository Trust Company uses computerized debit and credit entries. Most corporate
securities, commercial paper, CDs and BAs clear through DTC.
Derivatives. For hedging purposes, common derivatives are options, futures, swaps and
swaptions. All Collateralized Mortgage Obligations (“CMOs”) are derivatives. (1) Financial
instruments whose return profile is linked to, or derived from, the movement of one or more
underlying index or security, and may include a leveraging factor, or (2) financial contracts based
upon notional amounts whose value is derived from an underlying index or security (interest rates,
foreign exchange rates, equities or commodities).
Derivative Security. Financial instrument created from, or whose value depends upon, one or
more underlying assets or indexes of asset values.
Designated Bond. FFCB’s regularly issued, liquid, non-callable securities that generally have
a 2 or 3 year original maturity. New issues of Designated Bonds are $1 billion or larger. Re-
openings of existing Designated Bond issues are generally a minimum of $100 million.
Designated Bonds are offered through a syndicate of two to six dealers. Twice each month the
Funding Corporation announces its intention to issue a new Designated Bond, reopen an existing
issue, or to not issue or reopen a Designated Bond. Issues under the Designated Bond program
constitute the same credit standing as other FFCB issues; they simply add organization and
liquidity to the intermediate- and long-term Agency market.
Discount Notes. Unsecured general obligations issued by Federal Agencies at a discount.
Discount notes mature at par and can range in maturity from overnight to one year. Very
large primary (new issue) and secondary markets.
Discount Rate. Rate charged by the system of Federal Reserve Banks on overnight loans to
member banks. Changes to this rate are administered by the Federal Reserve and closely mirror
changes to the “fed funds rate.”
Discount Securities. Non-interest bearing money market instruments that are issued at discount
and redeemed at maturity for full face value. Examples include: U.S. Treasury Bills, Federal
Agency Discount Notes, Bankers' Acceptances and Commercial Paper.
Discount. The amount by which a bond or other financial instrument sells below its face
value. See also "Premium."
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Diversification. Dividing investment funds among a variety of security types, maturities,
industries and issuers offering potentially independent returns.
Dollar Price. A bond’s cost expressed as a percentage of its face value. For example, a bond
quoted at a dollar price of 95 ½, would have a principal cost of $955 per $1,000 of face value.
Duff & Phelps. One of several NRSROs that provide credit ratings on corporate and bank debt
issues.
Duration. The weighted average maturity of a security’s or portfolio’s cash flows, where the
present values of the cash flows serve as the weights. The greater the duration of a
security/portfolio, the greater its percentage price volatility with respect to changes in interest
rates. Used as a measure of risk and a key tool for managing a portfolio versus a benchmark and
for hedging risk. There are also different kinds of duration used for different purposes (e.g.
MacAuley Duration, Modified Duration).
Fannie Mae. See "Federal National Mortgage Association."
Fed Money Wire. A computerized communications system that connects the Federal Reserve
System with its member banks, certain U. S. Treasury offices, and the Washington D.C. office
of the Commodity Credit Corporation. The Fed Money Wire is the book entry system used to
transfer cash balances between banks for themselves and for customer accounts.
Fed Securities Wire. A computerized communications system that facilitates book entry
transfer of securities between banks, brokers and customer accounts, used primarily for
settlement of U.S. Treasury and Federal Agency securities.
Fed. See "Federal Reserve System."
Federal Agency Security. A debt instrument issued by one of the Federal Agencies. Federal
Agencies are considered second in credit quality and liquidity only to U.S. Treasuries.
Federal Agency. Government sponsored/owned entity created by the U.S. Congress, generally
for the purpose of acting as a financial intermediary by borrowing in the marketplace and directing
proceeds to specific areas of the economy considered to otherwise have restricted access to credit
markets. The largest Federal Agencies are GNMA, FNMA, FHLMC, FHLB, FFCB, SLMA, and
TVA.
Federal Deposit Insurance Corporation (FDIC). Federal agency that insures deposits at
commercial banks, currently to a limit of $250,000 per depositor per bank.
Federal Farm Credit Bank (FFCB). One of the large Federal Agencies. A government
sponsored enterprise (GSE) system that is a network of cooperatively-owned lending
institutions that provides credit services to farmers, agricultural cooperatives and rural utilities.
The FFCBs act as financial intermediaries that borrow money in the capital markets and use
the proceeds to make loans and provide other assistance to farmers and farm-affiliated
businesses. Consists of the consolidated operations of the Banks for Cooperatives, Federal
Intermediate Credit Banks, and Federal Land Banks. Frequent issuer of discount notes, agency
notes and callable agency securities. FFCB debt is not an obligation of, nor is it guaranteed by
the U.S. government, although it is considered to have minimal credit risk due to its importance
to the U.S. financial system and agricultural industry. Also issues notes under its “designated note”
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program.
Federal Funds (Fed Funds). Funds placed in Federal Reserve Banks by depository
institutions in excess of current reserve requirements, and frequently loaned or borrowed on an
overnight basis between depository institutions.
Federal Funds Rate (Fed Funds Rate). The interest rate charged by a depository institution
lending Federal Funds to another depository institution. The Federal Reserve influences this
rate by establishing a "target" Fed Funds rate associated with the Fed's management of monetary
policy.
Federal Home Loan Bank System (FHLB). One of the large Federal Agencies. A
government sponsored enterprise (GSE) system, consisting of wholesale banks (currently twelve
district banks) owned by their member banks, which provides correspondent banking services and
credit to various financial institutions, financed by the issuance of securities. The principal
purpose of the FHLB is to add liquidity to the mortgage markets. Although FHLB does not
directly fund mortgages, it provides a stable supply of credit to thrift institutions that make new
mortgage loans. FHLB debt is not an obligation of, nor is it guaranteed by the U.S. government,
although it is considered to have minimal credit risk due to its importance to the U.S. financial
system and housing market. Frequent issuer of discount notes, agency notes and callable agency
securities. Also issues notes under its “global note” and “TAP” programs.
Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac"). One of the
large Federal Agencies. A government sponsored public corporation (GSE) that provides stability
and assistance to the secondary market for home mortgages by purchasing first mortgages and
participation interests financed by the sale of debt and guaranteed mortgage backed securities.
FHLMC debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is
considered to have minimal credit risk due to its importance to the U.S. financial system and
housing market. Frequent issuer of discount notes, agency notes, callable agency securities and
MBS. Also issues notes under its “reference note” program.
Federal National Mortgage Association (FNMA or "Fannie Mae"). One of the large Federal
Agencies. A government sponsored public corporation (GSE) that provides liquidity to the
residential mortgage market by purchasing mortgage loans from lenders, financed by the issuance
of debt securities and MBS (pools of mortgages packaged together as a security). FNMA debt is
not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to
have minimal credit risk due to its importance to the U.S. financial system and housing
market. Frequent issuer of discount notes, agency notes, callable agency securities and MBS.
Also issues notes under its “benchmark note” program.
Federal Reserve Bank. One of the 12 distinct banks of the Federal Reserve System.
Federal Reserve System (the Fed). The independent central bank system of the United States
that establishes and conducts the nation's monetary policy. This is accomplished in three major
ways: (1) raising or lowering bank reserve requirements, (2) raising or lowering the target Fed
Funds Rate and Discount Rate, and (3) in open market operations by buying and selling
government securities. The Federal Reserve System is made up of twelve Federal Reserve
District Banks, their branches, and many national and state banks throughout the nation. It is
headed by the seven member Board of Governors known as the “Federal Reserve Board” and
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headed by its Chairman.
Financial Industry Regulatory Authority, Inc. (FINRA). A private corporation that acts as a
self-regulatory organization (SRO). FINRA is the successor to the National Association of
Securities Dealers, Inc. (NASD). Though sometimes mistaken for a government agency, it is a
non-governmental organization that performs financial regulation of member brokerage firms and
exchange markets. The government also has a regulatory arm for investments, the Securities and
Exchange Commission.
Fiscal Agent/Paying Agent. A bank or trust company that acts, under a trust agreement with
a corporation or municipality, in the capacity of general treasurer. The agent performs such duties
as making coupon payments, paying rents, redeeming bonds, and handling taxes relating to the
issuance of bonds.
Fitch Investors Service, Inc. One of several NRSROs that provide credit ratings on corporate
and municipal debt issues.
Floating Rate Security (FRN or “floater”). A bond with an interest rate that is adjusted
according to changes in an interest rate or index. Differs from variable-rate debt in that the
changes to the rate take place immediately when the index changes, rather than on a
predetermined schedule. See also “Variable Rate Security.”
Freddie Mac. See "Federal Home Loan Mortgage Corporation".
Ginnie Mae. See "Government National Mortgage Association".
Global Notes: Notes designed to qualify for immediate trading in both the domestic U.S. capital
market and in foreign markets around the globe. Usually large issues that are sold to investors
worldwide and therefore have excellent liquidity. Despite their global sales, global notes sold
in the U.S. are typically denominated in U.S. dollars.
Government National Mortgage Association (GNMA or "Ginnie Mae"). One of the large
Federal Agencies. Government-owned Federal Agency that acquires, packages, and resells
mortgages and mortgage purchase commitments in the form of mortgage-backed securities.
Largest issuer of mortgage pass-through securities. GNMA debt is guaranteed by the full faith
and credit of the U.S. government (one of the few agencies that is actually full faith and credit of
the U.S.).
Government Securities. An obligation of the U.S. government, backed by the full faith and
credit of the government. These securities are regarded as the highest quality of investment
securities available in the U.S. securities market. See "Treasury Bills, Notes, Bonds, and SLGS."
Government Sponsored Enterprise (GSE). Privately owned entity subject to federal
regulation and supervision, created by the U.S. Congress to reduce the cost of capital for certain
borrowing sectors of the economy such as students, farmers, and homeowners. GSEs carry the
implicit backing of the U.S. Government, but they are not direct obligations of the U.S.
Government. For this reason, these securities will offer a yield premium over U.S. Treasuries.
Some consider GSEs to be stealth recipients of corporate welfare. Examples of GSEs include:
FHLB, FHLMC, FNMA and SLMA.
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Government Sponsored Enterprise Security. A security issued by a Government Sponsored
Enterprise. Considered Federal Agency Securities.
Index. A compilation of statistical data that tracks changes in the economy or in financial markets.
Interest-Only (IO) STRIP. A security based solely on the interest payments from the bond.
After the principal has been repaid, interest payments stop and the value of the security falls
to nothing. Therefore, IOs are considered risky investments. Usually associated with mortgage-
backed securities.
Internal Controls. An internal control structure ensures that the assets of the entity are protected
from loss, theft, or misuse. The internal control structure is designed to provide reasonable
assurance that these objectives are met. The concept of reasonable assurance recognizes that 1)
the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of
costs and benefits requires estimates and judgments by management. Internal controls should
address the following points:
1. Control of collusion - Collusion is a situation where two or more employees are working
in conjunction to defraud their employer.
2. Separation of transaction authority from accounting and record keeping - By
separating the person who authorizes or performs the transaction from the people who
record or otherwise account for the transaction, a separation of duties is achieved.
3. Custodial safekeeping - Securities purchased from any bank or dealer including
appropriate collateral (as defined by state law) shall be placed with an independent third
party for custodial safekeeping.
4. Avoidance of physical delivery securities - Book-entry securities are much easier
to transfer and account for since actual delivery of a document never takes place.
Delivered securities must be properly safeguarded against loss or destruction. The
potential for fraud and loss increases with physically delivered securities.
5. Clear delegation of authority to subordinate staff members - Subordinate staff
members must have a clear understanding of their authority and responsibilities to avoid
improper actions. Clear delegation of authority also preserves the internal control structure
that is contingent on the various staff positions and their respective responsibilities.
6. Written confirmation of transactions for investments and wire transfers - Due to
the potential for error and improprieties arising from telephone and electronic
transactions, all transactions should be supported by written communications and
approved by the appropriate person. Written communications may be via fax if on
letterhead and if the safekeeping institution has a list of authorized signatures.
7. Development of a wire transfer agreement with the lead bank and third-party
custodian - The designated official should ensure that an agreement will be entered into
and will address the following points: controls, security provisions, and responsibilities
of each party making and receiving wire transfers.
Inverse Floater. A floating rate security structured in such a way that it reacts inversely to
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the direction of interest rates. Considered risky as their value moves in the opposite direction of
normal fixed-income investments and whose interest rate can fall to zero.
Investment Advisor. A company that provides professional advice managing portfolios,
investment recommendations and/or research in exchange for a management fee.
Investment Adviser Act of 1940. Federal legislation that sets the standards by which investment
companies, such as mutual funds, are regulated in the areas of advertising, promotion,
performance reporting requirements, and securities valuations.
Investment Grade. Bonds considered suitable for preservation of invested capital; bonds rated
a minimum of Baa3 by Moody’s, BBB- by Standard & Poor’s, or BBB- by Fitch. Although
“BBB” rated bonds are considered investment grade, most public agencies cannot invest in
securities rated below “A.”
Liquidity. Relative ease of converting an asset into cash without significant loss of value.
Also, a relative measure of cash and near-cash items in a portfolio of assets. Also, a term
describing the marketability of a money market security correlating to the narrowness of the
spread between the bid and ask prices.
Local Agency Investment Fund (LAIF): A voluntary investment fund open to state and local
government entities and certain non-profit organizations in California in which organization pools
their funds for investment. LAIF is managed by the State Treasurer’s Office.
Long-Term Core Investment Program. Funds that are not needed within a one year period.
Market Value. The fair market value of a security or commodity. The price at which a willing
buyer and seller would pay for a security.
Mark-to-market. Adjusting the value of an asset to its market value, reflecting in the process
unrealized gains or losses.
Master Repurchase Agreement. A widely accepted standard agreement form published by
the Bond Market Association (BMA) that is used to govern and document Repurchase
Agreements and protect the interest of parties in a repo transaction.
Maturity Date. Date on which principal payment of a financial obligation is to be paid.
Medium Term Notes (MTN's). Used frequently to refer to corporate notes of medium maturity
(5-years and under). Technically, any debt security issued by a corporate or depository institution
with a maturity from 1 to 10 years and issued under an MTN shelf registration. Usually issued
in smaller issues with varying coupons and maturities, and underwritten by a variety of
broker/dealers (as opposed to large corporate deals issued and underwritten all at once in large
size and with a fixed coupon and maturity).
Money Market. The market in which short-term debt instruments (bills, commercial paper,
bankers’ acceptance, etc.) are issued and traded.
Money Market Mutual Fund (MMF). A type of mutual fund that invests solely in money
market instruments, such as: U.S. Treasury bills, commercial paper, bankers' acceptances, and
repurchase agreements. Money market mutual funds are registered with the SEC under the
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Investment Company Act of 1940 and are subject “rule 2a-7” which significantly limits average
maturity and credit quality of holdings. MMF’s are managed to maintain a stable net asset
value (NAV) of $1.00. Many MMFs carry ratings by a NRSRO.
Moody's Investors Service. One of several NRSROs that provide credit ratings on corporate and
municipal debt issues.
Mortgage Backed Securities (MBS). Mortgage-backed securities represent an ownership
interest in a pool of mortgage loans made by financial institutions, such as savings and loans,
commercial banks, or mortgage companies, to finance the borrower's purchase of a home or
other real estate. The majority of MBS are issued and/or guaranteed by GNMA, FNMA and
FHLMC. There are a variety of MBS structures, some of which can be very risky and
complicated. All MBS have reinvestment risk as actual principal and interest payments are
dependent on the payment of the underlying mortgages which can be prepaid by mortgage
holders to refinance and lower rates or simply because the underlying property was sold.
Mortgage Pass-Through Securities. A pool of residential mortgage loans with the monthly
interest and principal distributed to investors on a pro-rata basis. Largest issuer is GNMA.
Municipal Note/Bond. A debt instrument issued by a state or local government unit or public
agency. The vast majority of municipals are exempt from state and federal income tax, although
some non-qualified issues are taxable.
Mutual Fund. Portfolio of securities professionally managed by a registered investment
company that issues shares to investors. Many different types of mutual funds exist (bond,
equity, money fund); all except money market funds operate on a variable net asset value (NAV).
Negotiable Certificate of Deposit (Negotiable CD). Large denomination CDs ($100,000 and
larger) that are issued in bearer form and can be traded in the secondary market.
Net Asset Value. The market value of one share of an investment company, such as a mutual
fund. This figure is calculated by totaling a fund's assets which includes securities, cash, and any
accrued earnings, subtracting this from the fund's liabilities and dividing this total by the number
of shares outstanding. This is calculated once a day based on the closing price for each security
in the fund's portfolio. (See below.)
[(Total assets) - (Liabilities)]/(Number of shares outstanding)
NRSRO. A “Nationally Recognized Statistical Rating Organization.” A designated rating
organization that the SEC has deemed a strong national presence in the U.S. NRSROs provide
credit ratings on corporate and bank debt issues. Only ratings of a NRSRO may be used for
the regulatory purposes of rating. Includes Moody’s, S&P, Fitch and Duff & Phelps.
Offered Price. See also "Ask Price."
Open Market Operations. Federal Reserve monetary policy tactic entailing the purchase or sale
of government securities in the open market by the Federal Reserve System from and to primary
dealers in order to influence the money supply, credit conditions, and interest rates.
Par Value. Face value, stated value or maturity value of a security.
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Physical Delivery. Delivery of readily available underlying assets at contract maturity.
Portfolio. Collection of securities and investments held by an investor.
Premium. The amount by which a bond or other financial instrument sells above its face
value. See also "Discount."
Primary Dealer. Any of a group of designated government securities dealers designated by
to the Federal Reserve Bank of New York. Primary dealers can buy and sell government
securities directly with the Fed. Primary dealers also submit daily reports of market activity and
security positions held to the Fed and are subject to its informal oversight. Primary dealers are
considered the largest players in the U.S. Treasury securities market.
Prime Paper. Commercial paper of high quality. Highest rated paper is A-1+/A-1 by S&P and
P-1 by Moody’s.
Principal. Face value of a financial instrument on which interest accrues. May be less than
par value if some principal has been repaid or retired. For a transaction, principal is par
value times price and includes any premium or discount.
Prudent Investor Standard. Standard that requires that when investing, reinvesting, purchasing,
acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill,
prudence, and diligence under the circumstances then prevailing, including, but not limited to,
the general economic conditions and the anticipated needs of the agency, that a prudent person
acting in a like capacity and familiarity with those matters would use in the conduct of funds of
a like character and with like aims, to safeguard the principal and maintain the liquidity needs
of the agency. More stringent than the “prudent person” standard as it implies a level of
knowledge commensurate with the responsibility at hand.
Range Note. A type of structured note that accrues interest daily at a set coupon rate that is
tied to an index. Most range notes have two coupon levels; a higher accrual rate for the period
the index is within a designated range, the lower accrual rate for the period that the index falls
outside the designated range. This lower rate may be zero and may result in zero earnings.
Rate of Return. Amount of income received from an investment, expressed as a percentage of
the amount invested.
Realized Gains (Losses). The difference between the sale price of an investment and its
book value. Gains/losses are “realized” when the security is actually sold, as compared to
“unrealized” gains/losses which are based on current market value. See “Unrealized Gains
(Losses).”
Reference Bills: FHLMC’s short-term debt program created to supplement its existing discount
note program by offering issues from one month through one year, auctioned on a weekly or on
an alternating four-week basis (depending upon maturity) offered in sizeable volumes ($1 billion
and up) on a cycle of regular, standardized issuance. Globally sponsored and distributed,
Reference Bill issues are intended to encourage active trading and market-making and facilitate
the development of a term repo market. The program was designed to offer predictable supply,
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pricing transparency and liquidity, thereby providing alternatives to U.S. Treasury bills.
FHLMC’s Reference Bills are unsecured general corporate obligations. This program
supplements the corporation’s existing discount note program. Issues under the Reference
program constitute the same credit standing as other FHLMC discount notes; they simply add
organization and liquidity to the short-term Agency discount note market.
Reference Notes: FHLMC’s intermediate-term debt program with issuances of 2, 3, 5, 10 and 30-
year maturities. Initial issuances range from $2 - $6 billion with re-openings ranging $1 - $4 billion.
The notes are high-quality bullet structures securities that pay interest semiannually. Issues under
the Reference program constitute the same credit standing as other FHLMC notes; they simply
add organization and liquidity to the intermediate- and long-term Agency market.
Repurchase Agreement (Repo). A short-term investment vehicle where an investor agrees
to buy securities from a counterparty and simultaneously agrees to resell the securities back to
the counterparty at an agreed upon time and for an agreed upon price. The difference between
the purchase price and the sale price represents interest earned on the agreement. In effect, it
represents a collateralized loan to the investor, where the securities are the collateral. Can be
DVP, where securities are delivered to the investor’s custodial bank, or “tri-party” where the
securities are delivered to a third party intermediary. Any type of security can be used as
“collateral,” but only some types provide the investor with special bankruptcy protection under
the law. Repos should be undertaken only when an appropriate BMA approved master repurchase
agreement is in place.
Reverse Repurchase Agreement (Reverse Repo). A repo from the point of view of the original
seller of securities. Used by dealers to finance their inventory of securities by essentially
borrowing at short-term rates. Can also be used to leverage a portfolio and in this sense, can be
considered risky if used improperly.
Safekeeping. Service offered for a fee, usually by financial institutions, for the holding of
securities and other valuables. Safekeeping is a component of custody services.
Secondary Market. Markets for the purchase and sale of any previously issued financial
instrument.
Securities Lending. An arrangement between and investor and a custody bank that allows the
custody bank to “loan” the investors investment holdings, reinvest the proceeds in permitted
investments, and shares any profits with the investor. Should be governed by a securities lending
agreement. Can increase the risk of a portfolio in that the investor takes on the default risk on the
reinvestment at the discretion of the custodian.
Sinking Fund. A separate accumulation of cash or investments (including earnings on
investments) in a fund in accordance with the terms of a trust agreement or indenture, funded by
periodic deposits by the issuer (or other entity responsible for debt service), for the purpose of
assuring timely availability of moneys for payment of debt service. Usually used in connection
with term bonds.
Spread. The difference between the price of a security and similar maturity U.S. Treasury
investments, expressed in percentage terms or basis points. A spread can also be the absolute
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difference in yield between two securities. The securities can be in different markets or within
the same securities market between different credits, sectors, or other relevant factors.
Standard & Poor's. One of several NRSROs that provide credit ratings on corporate and
municipal debt issues.
STRIPS (Separate Trading of Registered Interest and Principal of Securities). Acronym
applied to U.S. Treasury securities that have had their coupons and principal repayments
separated into individual zero-coupon Treasury securities. The same technique and "strips"
description can be applied to non-Treasury securities (e.g. FNMA strips).
Structured Notes. Notes that have imbedded into their structure options such as step-up coupons
or derivative- based returns.
Supranational Debt. The debt of an international or multi-lateral financial agency used to finance
economic and infrastructure development, environmental protection, poverty reduction and
renewable energy around the world. Supranational debt is typically rated AAA by most NRSRO’s
as these entities are well-capitalized, have significant capital commitments from a diverse capital
base, conservative lending and risk management practices and strong supervision.
Swap. Trading one asset for another.
TAP Notes: Federal Agency notes issued under the FHLB TAP program. Launched in 6/99 as
a refinement to the FHLB bullet bond auction process. In a break from the FHLB’s traditional
practice of bringing numerous small issues to market with similar maturities, the TAP Issue
Program uses the four most common maturities and reopens them up regularly through a
competitive auction. These maturities (2, 3, 5 and 10 year) will remain open for the calendar
quarter, after which they will be closed and a new series of TAP issues will be opened to replace
them. This reduces the number of separate bullet bonds issued, but generates enhanced awareness
and liquidity in the marketplace through increased issue size and secondary market volume.
Tennessee Valley Authority (TVA). One of the large Federal Agencies. A wholly owned
corporation of the United States government that was established in 1933 to develop the resources
of the Tennessee Valley region in order to strengthen the regional and national economy and the
national defense. Power operations are separated from non-power operations. TVA securities
represent obligations of TVA, payable solely from TVA's net power proceeds, and are neither
obligations of nor guaranteed by the United States. TVA is currently authorized to issue debt up
to $30 billion. Under this authorization, TVA may also obtain advances from the U.S. Treasury
of up to
$150 million. Frequent issuer of discount notes, agency notes and callable agency securities.
Total Return. Investment performance measured over a period of time that includes coupon
interest, interest on interest, and both realized and unrealized gains or losses. Total return
includes, therefore, any market value appreciation/depreciation on investments held at period end.
Treasuries. Collective term used to describe debt instruments backed by the U.S.
Government and issued through the U.S. Department of the Treasury. Includes Treasury bills,
Treasury notes, and Treasury bonds. Also a benchmark term used as a basis by which the yields
of non-Treasury securities are compared (e.g., "trading at 50 basis points over Treasuries").
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Treasury Bills (T-Bills). Short-term direct obligations of the United States Government issued
with an original term of one year or less. Treasury bills are sold at a discount from face value
and do not pay interest before maturity. The difference between the purchase price of the bill
and the maturity value is the interest earned on the bill. Currently, the U.S. Treasury issues 4-
week, 13-week and 26-week T-Bills
Treasury Bonds. Long-term interest-bearing debt securities backed by the U.S. Government
and issued with maturities of ten years and longer by the U.S. Department of the Treasury.
The Treasury stopped issuing Treasury Bonds in August 2001.
Treasury Notes. Intermediate interest-bearing debt securities backed by the U.S. Government
and issued with maturities ranging from one to ten years by the U.S. Department of the Treasury.
The Treasury currently issues
2-year, 5-year and 10-year Treasury Notes.
Trustee. A bank designated by an issuer of securities as the custodian of funds and official
representative of bondholders. Trustees are appointed to insure compliance with the bond
documents and to represent bondholders in enforcing their contract with the issuer.
Uniform Net Capital Rule. SEC regulation 15C3-1 that outlines the minimum net capital ratio
(ratio of indebtedness to net liquid capital) of member firms and non-member broker/dealers.
Unrealized Gains (Losses). The difference between the market value of an investment and its
book value. Gains/losses are “realized” when the security is actually sold, as compared to
“unrealized” gains/losses which are based on current market value. See also “Realized Gains
(Losses).”
Variable-Rate Security. A bond that bears interest at a rate that varies over time based on a
specified schedule of adjustment (e.g., daily, weekly, monthly, semi-annually or annually). See
also “Floating Rate Note.”
Weighted Average Maturity (or just “Average Maturity”). The average maturity of all
securities and investments of a portfolio, determined by multiplying the par or principal value of
each security or investment by its maturity (days or years), summing the products, and dividing
the sum by the total principal value of the portfolio. A simple measure of risk of a fixed-income
portfolio.
Weighted Average Maturity to Call. The average maturity of all securities and investments
of a portfolio, adjusted to substitute the first call date per security for maturity date for those
securities with call provisions.
Yield Curve. A graphic depiction of yields on like securities in relation to remaining maturities
spread over a time line. The traditional yield curve depicts yields on U.S. Treasuries, although
yield curves exist for Federal Agencies and various credit quality corporates as well. Yield
curves can be positively sloped (normal) where longer-term investments have higher yields, or
“inverted” (uncommon) where longer-term investments have lower yields than shorter ones.
Yield to Call (YTC). Same as “Yield to Maturity,” except the return is measured to the first call
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date rather than the maturity date. Yield to call can be significantly higher or lower than a
security’s yield to maturity.
Yield to Maturity (YTM). Calculated return on an investment, assuming all cash flows from
the security are reinvested at the same original yield. Can be higher or lower than the coupon rate
depending on market rates and whether the security was purchased at a premium or discount.
There are different conventions for calculating YTM for various types of securities.
Yield. There are numerous methods of yield determination. In this glossary, see also "Current
Yield,” "Yield Curve," "Yield to Call" and "Yield to Maturity."
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Appendix C
Local Agency Investment Fund
Program Description
The Local Agency Investment Fund (LAIF) is a voluntary program created by statute in
1977 as an investment alternative for California’s local governments and special districts
and it continues today under Treasurer John Chiang’s administration. The enabling
legislation for the LAIF is Section 16429.1 et seq. of the California Government Code.
This program offers local agencies the opportunity to participate in a major portfolio
which invests hundreds of millions of dollars, using the investment expertise of the
Treasurer’s Office investment staff at no additional cost to the taxpayer. This in -house
management team is comprised of civil servants who have each worked for the State
Treasurer’s Office for an average of 20 years.
The LAIF is part of the Pooled Money Investment Account (PIMA). The PMIA began in
1955 and oversight is provided by the Pooled Money Investment Board (PMIB) and an
in-house Investment Committee. The PMIB members are the State Treasurer, Director
of Finance and State Controller.
The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board
consists of five members as designated by statute. The Chairman is the State
Treasurer or his designated representative. Two members qualified by training and
experience in the field of investment or finance, and the State Treasurer appoints two
members who are treasurers, finance or fiscal officers or business managers employed
by any county, city or local district or municipal corporation of this state. The term of
each appointment is two years or at the pleasure of the appointing authority.
All securities are purchased under the authority of Government Code Section 16430
and 16480.4. The State Treasurer’s Office takes delivery of all securities purchase d on
a delivery versus payment basis using a third party custodian. All investments are
purchased at market and a market valuation is conducted monthly.
Additionally, the PMIA has Policies, Goals, and Objectives for the portfolio to make
certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent
management prevails. These policies are formulated by investment staff and reviewed
by both the PMIB and the LIAB on an annual basis.
The State Treasurer’s Office is audited by the Bureau of State Audits on an annual
basis and the resulting opinion is posted to the STO website following its publication.
The Bureau of State Audits also has a continuing audit process throughout the year. All
investments and LAIF claims are audited on a daily basis by the State Controller’s
Office as well as an in-house audit process involving three separate divisions.
Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing
the Government Code Section 16429.3 to stand. This Section states that “moneys
placed with the Treasurer for deposit in the LAIF by cities, counties, special districts,
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nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to
either of the following: (a) transfer or loan pursuant to Sections 16310, 16312, or 16313,
or (b) impoundment or seizure by any state official or state agency.”
During the 2002 legislative session, California Government Code Section 16429.4 was
added to the LAIF’s enabling legislation. The Section states that “right of a city, county,
city and county, special district, nonprofit corporation, or qualified quasi-governmental
agency to withdraw its deposited moneys from the LAIF, upon demand, may not be
altered, impaired, or denied in any way, by any state official or state agency based upon
the state’s failure to adopt a State Budget by July 1 of each new fiscal year.”
The LAIF has grown from 293 participants and $468 million in 1977 to 2,44733
participants and $23.020.3 billion at the end of May November 2017.
State Treasurer’s Office
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916)653-3001
http://www.treasurer.ca.gov/pmia-laif
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Agenda #: 6.6
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH CDWG TO REPLACE
THE CITY’S NETWORK INFRASTRUCTURE AND IMPLEMENT NEW
SECURITY APPLIANCES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and Authorize the Mayor to sign, the Consultant Services Agreement with
CDWG for a Not-to-Exceed Amount of $160,567.78.
FINANCIAL IMPACT:
There are sufficient appropriated funds in the FY17-18 budget for this expenditure.
DISCUSSION:
City staff relies heavily on the use of computers, specialized networks, and associated
hardware and software to create, process, and store digital information to serve our
constituents. In addition, the City relies on these same systems to promote and
maintain communication with our residents, businesses, City Council and City staff.
City staff maintain detailed inventories of all Information Technology related equipment;
and regularly reviews and analyzes each piece of equipment and its amount of use,
critical nature of the work performed on the device, and the likelihood the device will be
reliable over the next 6 to 12 months.
Several components of the City’s network infrastructure varies in age from six to twelve
years old and has reached the end of its useful life and must be replaced. Additionally,
due to the age of these devices we are no longer be able to receive support or
maintenance from the manufacturer. The devices that require replacement include:
Security appliances such as Cisco ASA Firewalls for the City’s Network, Traffic
Management System, VPN, and Heritage and Sycamore Canyon Park sites.
Cisco switches that link the City’s network and connect various devices at City
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Hall and the Diamond Bar Center.
Wireless Devices such as Cisco wireless controllers and access points for the
WiFi networks at City Hall and the Diamond Bar Center.
The City is seeking professional services for the installation and configuration of the
purchased hardware. Therefore, staff have chosen to seek competitive bids via the
Request for Proposal (RFP) process in an effort to secure the most comprehensive
solution and lowest price.
ANALYSIS:
The Request for Proposal (RFP) package was sent to the following value added
resellers:
CDWG
Dimension Data
GovConnection
Key Information Systems
Reliable IT
Resilient Communications
The City received a single response to the RFP, from CDWG for $103,255.78 for the
hardware including first year maintenance and $57,312.00 for implementation
professional services, for a grand total of $160,567.78. When multiple bids are
received, staff uses a weighted rubric that factors a series of variables to determine the
most responsible bidder. Factors include total price, compliance with RFP requ irements,
comprehensiveness of the firm’s response, results of reference checks, and prior City
experience with the firm.
Because only one response was received, the CDWG proposal could not be weighed
against other bidders using the rubric. However, staff has reviewed the proposal for
pricing, compliance, and references, finding that the bid is competitively priced, and
meets all requirements of the RFP and the City’s purchasing policy. The City is eligible
to purchase the equipment under the State-negotiated WSCA contract, which provides
government pricing below the regular retail price. However, the bid price received was
lower than what could have been obtained under that contract, and the professional
services hours and rates meet staff expectations. Therefore, it is recommended that the
City Council approve the agreement with CDWG to replace the City’s Network
Infrastructure and implement new security appliances.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Professional Services Ag reement as
to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.6.a Agreement and Quote
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Agenda #: 8.1
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY FACILITY USE, RENTAL, AND ALLOCATION OF PARKS, &
ATHLETIC FIELDS POLICY UPDATES, AND SCHEDULES OF
RATES, FEES, AND CHARGES FOR PARKS & RECREATION
FACILITY RENTALS, PROGRAMS AND SERVICES.
RECOMMENDATION:
A. Adopt Resolution No. 2018-XX Establishing Policies for the Use, Rental, and
Allocation of City Facilities, Parks, and Athletic Fields; and
B. Adopt Resolution No. 2018-XX Establishing Schedules of Rates, Fees, and
Charges for Parks & Recreation Facility Rentals, Programs and Services.
FINANCIAL IMPACT:
The City’s user fee study consultant estimates that fee adjustments will generate
approximately $70,000 in new revenues annually, but will be dependent upon variables
including type and volume of rentals in the coming years. If approved, adjusted fees
would apply only to new rentals and will not be applied to currently booked events or
programs. With this, maximum returns will not be seen in the first year of
implementation.
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
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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 and revision 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, enhances staff efficiencies, 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. The matter was subsequently
presented to the City Council for discussion at the December 19, 201 7 Study Session.
Council comments received at that Study Session have been incorporated into the
Policy and Fee documents contained in this report.
DISCUSSION:
The existing Diamond Bar Center Facility Use Policy was originally established by the
City Council with the adoption of Resolution 2003-60. The existing Park, Athletic, and
Facility Use Policy, which covers all other park and facility use, including Heritage Park
Community Center and Pantera Park Activity Room and athletic field allocations, was
originally established by the City Council with the adoption of Resolution 2006 -47 and
amended to incorporate batting cage use with the adoption of Resolution 2008-16. It is
proposed 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 in Attachment 1) 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 in Attachment 1) 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 in Attachment 1) sets
guidelines for all parks and picnic facilities in the City.
4. The proposed Fee Schedule (Exhibit A in Attachment 2) applies to each of the
policies.
Consistent with historic practice applicable to Parks & Recreation facility and park use
policies, the City Manager remains authorized to make operational policy changes while
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any fee-related changes must be reviewed by the Parks & Recreation Commission and
approved by the City Council. The following report outlines proposed fee-related policy
amendments and key operational changes as well as identifies new or adjusted fees.
A. FACILITY USE & RENTAL POLICY (Exhibit A in Attachment 1)
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, lo cal school districts, and Diamond
Bar-based non-profit organizations have the same priority.
Section 6.2 - 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 event, 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
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deposits be applied consistently as follows:
For all facility rentals, 50% of room rental fee s 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.
Reservations made 59 days or less prior to the event must be paid in full upon
signing a contract.
Section 6.3 - 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:
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 that 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.
Section 7 - Cancellation by User, Subsection a. - Cancellation Policy
Currently, cancellation fees apply to all rentals as follows:
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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%
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
Section 7.4 - Change of Date
The current policy provides Group C with the ability to request one date change free 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 t he avoidance of
cancellation fees, the following amendment is recommended:
For Grand View Ballroom rentals (2/3 room or entire room) changed 180 days or
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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.
Section 9.1 - Recurrent Facility 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 each 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 annual ly to discuss the request
and supplemental materials.
Section 10 - Diamond Bar-based Non-Profit Use of Heritage Park Community
Center & Pantera Park Activity Room
Maintains a provision allowing Diamond Bar-based non-profit organizations one no-cost
use of the Heritage Park Community Center or Pantera Park Activity Room per year,
provided the use is for fundraising purposes.
Section 13.14 – Marijuana/Cannabis
Prohibits the possession, smoking, or ingestion of marijuana or cannabis products
anywhere on City property.
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Section 15 - 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.
B. ATHLETIC F ACILITY USE & ALLOCATION POLICY (Exhibit B in
Attachment 1)
Section 2 - Definitions
The following proposed revisions relate to the qualifications of user groups and
addresses 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 m eet 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,
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or 7.9.
Section 4.1 - 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 substan tial 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
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 4.2 - Al location 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 4.3 - 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:
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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.
Former 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
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.
C. PARK & PICNIC USE & RENTAL POLICY (Exhibit C in Attachment 1)
Section 6 - 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
D. PARKS & RECREATION - FACILITY USE & PARTICIPATION FEES
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
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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. If approved, the adjusted fees would apply only to new rentals and
registrations.
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-
$100/group
$250/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
$5 No Refund
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advance
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
View Ballroom and all other rentals on Sundays and Weekdays.
Reference # Description Current Recommended
PRDBC 4 GVB, Weekend (F-
S)
$1,320-$3,520/
6 hrs.
$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/
6 hrs.
$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 da nce floors, AV
projector, TV/DVD, portable bars, etc. Fees for each have been adjusted as
follows:
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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.
Participation Fees (Athletics, Excursions, Various Special Events, Etc.)
Participation-based activities include athletics, excursions, and various special event s,
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 t he
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 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 d erived from
collecting the fee.
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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 fees, with the exception of established
deposits and participation fees set by the City Manager under Reference #PRR1. CPI
adjustments would be effective each July 1 beginning July 1, 2019. This
recommendation is consistent with the City’s adopted fee resolution for Development
and Administrative Services fees and charges.
LEGAL REVIEW:
The City Attorney has reviewed and approved the resolutions and exhibits.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.1.a Resolution 2018-XX, Establishing Policies for the Use, Rental, and
Allocation of City Facilities, Parks, & Athletic Fields
2. 8.1.b Resolution 2018-XX, Establishing and Adopting Schedules of Rates,
Fees, & Charges for Facility Rentals, Programs, & Services
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RESOLUTION 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING POLICIES FOR THE USE, RENTAL, AND
ALLOCATION OF CITY FACILITIES, PARKS, & ATHLETIC FIELDS AND
RESCINDING RESOLUTION 2003-60, RESOLUTION 2006-47, AND
RESOLUTION 2008-16 IN THEIR ENTIRETY.
A. RECITALS
WHEREAS, City facilities, parks, and athletic fields are intended for public use;
and
WHEREAS, for efficient and orderly use, it is necessary to establish facility use
policies; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
B. RESOLUTION
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar finds and determines as follows:
SECTION 1. The use and rental of the Diamond Bar Center, Heritage Park
Community Center, and Pantera Park Community Room shall be governed by the policies
and procedures set forth in Exhibit A, the Facility Use & Rental Policy.
SECTION 2. The use, rental, and allocation of City athletic facilities, including
those at school facilities allocated under joint use agreements with Pomona Unified
School District and Walnut Valley Unified School District, shall be governed by the policies
and procedures set forth in Exhibit B, the Athletic Facility Use & Allocation Policy.
SECTION 3. The use and rental of City parks and picnic areas shall be governed
by the policies and procedures set forth in Exhibit C, the Park & Picnic Use Policy.
SECTION 4. Any existing City policies governing the same subject matter as
covered herein, including, but not limited to those contained in Resolutions 2003-08,
2006-47, and 2008-16, are rescinded in their entirety and superseded by the policies
adopted by this Resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of January, 2018.
Ruth M. Low, Mayor
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I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Resolution No. 2018-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 16th day of January, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
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Packet Pg. 230
Exhibit A
8.1.a
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CITY COUNCIL POLICY: 2018-01
FACILITY USE &
RENTAL POLICY
EFFECTIVE DATE: JANUARY 16, 2018
8.1.a
Packet Pg. 232
City Council Policy: 2018-01 | Facility Use & Rental Policy 2
1 Policy Statement
1.1 The purpose of this Facility Use & Rental Policy is to ensure that the use of City
facilities 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
City facilities are intended to partially recoup ongoing 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.
1.2 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 this Facility Use & Rental Policy and/or may
cause damage to the facility.
1.3 City staff shall oversee and supervise all events at City facilities for the safety
and wellbeing 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
2.1 This policy applies to the following City facilities and all associated rooms:
2.1.1 Diamond Bar Center (Sun.-Thurs.: 7:30am-11:00pm, Fri.-Sat.: 7:30am-
12:00am)
2.1.2 Heritage Park Community Center (Sun.-Thurs.: 7:30am-9:30pm, Fri.-
Sat.: 7:30am-12:00am)
2.1.3 Pantera Park Activity Room (Sun.-Thurs.: 7:30am-9:00pm, Fri.-Sat.:
7:30am-12:00am)
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2.2 Use of City facilities is subject to the maximum room capacities established
in Exhibit A – Maximum Facility Capacity.
3 Definition of Terms
3.1 “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.
3.2 “City” means the City of Diamond Bar, acting through its officials,
representatives, agents, and employees.
3.3 “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.
3.4 “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 & Rental
Policy are met.
3.5 “Diamond Bar Based Non-Profit” means an 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.)
3.6 “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.
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3.7 “Local School Districts” means Pomona Unified School District and Walnut
Valley Unified School District.
3.8 “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.)
3.9 “Parks & Recreation Director” means the administrative head of the
Diamond Bar Parks & Recreation Department or designee.
3.10 “Soft Reservation” means a temporary, non-binding seven (7) day hold on a
facility/room for a potential rental date.
3.11 “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 Ranking
4.1 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:
4.1.1 Group A - Activities conducted and/or sponsored by the City of
Diamond Bar.
4.1.2 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 the Parks & Recreation
Director.
4.1.3 Group C - Activities conducted by other Governmental agencies,
local school districts, or Diamond Bar based non-profit organizations.
4.1.4 Group D - Private events conducted by Diamond Bar residents,
resident groups/organizations, and Diamond Bar-based businesses.
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4.1.5 Group E - Private events conducted by non-residents, non-resident
groups/organizations, and businesses based outside Diamond Bar.
5 Application & Contract Procedures
5.1 Soft Reservations
5.1.1 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.
5.1.2 Upon confirmation of rental appointment with staff, the requested
date will be held for seven (7) days.
5.1.3 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.
5.1.4 Soft reservations do not constitute or guarantee approval of a rental
contract.
5.1.5 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.
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5.2 Advance Reservation Procedures & Lottery
5.2.1 Reservations may be made no earlier than:
5.2.1.1 Group A - No limit.
5.2.1.2 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 9.1.8 of this
policy.
5.2.1.3 Groups C & D - Up to twenty-four (24) months in advance.
5.2.1.4 Group E - Up to twenty (20) months in advance.
5.2.2 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.
5.2.3 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.
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5.3 Application Procedures
5.3.1 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 policy.
5.3.2 All potential users shall complete an Application a minimum of sixty
60) days prior to the event.
5.3.3 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.
5.3.4 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.
5.4 Facility Allocation
5.4.1 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).
5.5 Denial of Application
5.5.1 Use may be denied and the application rejected for the following
reasons:
5.5.1.1 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.
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5.5.1.2 The user has failed to demonstrate its ability to provide
adequate security to assure that the event is conducted in
a safe manner.
5.5.1.3 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.
5.5.1.4 The activity is likely to cause physical damage to the facility
or its equipment.
5.5.1.5 Conditions for the issuance of a facility use contract have
not been fulfilled.
5.5.1.6 If it comes to the attention of the City that the applicant has
or will violate any law or regulation relating to the rental of
the City’s facility or that the proposed use of the facility will
violate any law or regulation.
5.5.1.7 Another event is already scheduled on the requested date.
5.5.1.8 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.
5.5.1.9 The applicant has twice before cancelled a scheduled
event in the facility without prior notice.
5.6 Contracts
5.6.1 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.
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5.6.2 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.
5.6.3 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.
5.6.4 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 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.
5.6.5 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
6.1 General
6.1.1 All contracts are subject to rental and cancellation fees and deposit
requirements established in the City Council-approved fee
schedule.
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6.1.2 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.
6.1.3 The City reserves the right to require additional cleaning deposits at
its discretion based on the proposed use.
6.1.4 Failure to comply with the payment procedure in this policy may
result in cancellation of event. Cancellation fees will apply.
6.2 Deposits
6.2.1 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.
6.2.2 Reservations made 59 days or less prior to the event must be paid in
full upon signing a contract.
6.2.3 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.
6.2.4 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.
6.3 Weekend, Sunday and Holiday Rental Rates
6.3.1 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.
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6.3.2 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.
6.3.3 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.
6.3.4 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
7.1 All Weekend and Sunday rentals of the Grand View Ballroom shall adhere to
the following cancellation/refund policy:
7.1.1 If cancelled 180 days or more prior to the event, a fee of room rental
fees paid at signing minus 50% shall be assessed.
7.1.2 If cancelled 60 to 179 days prior to the event, a fee of room rental
fees paid at signing minus 75% shall be assessed.
7.1.3 If cancelled 59 days or less prior to the event, all room rental fees
paid shall be forfeited.
7.2 All other facility rentals shall adhere to the following cancellation/refund
policy:
7.2.1 If cancelled 60 or more days prior to the event, a fee of room rental
fees paid at signing minus 50% shall be assessed.
7.2.2 If cancelled 59 days or less prior to the event, all room rental fees
paid shall be forfeited.
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7.3 Cancellation fees apply only to room rental fees. Fees paid for any cleaning,
alcohol, security, and/or insurance requirements will be refunded in full.
7.4 Grand View Ballroom (2/3 room or entire room) reservations shall adhere to
the following Change of Event Date requirements:
7.4.1 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.
7.4.2 Any reservation date change requested 179 days or less prior to the
event is subject to cancellation fees per policy.
7.4.3 All change of date requests/approvals are subject to facility
availability.
8 Available Rooms
8.1 Grand View Ballroom
8.1.1 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.
8.1.2 Weekday use of Grand View Ballroom requires a minimum two (2)
hour rental period.
8.1.3 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.
8.1.4 Outdoor Usage areas are only available with rental of 2/3 or more of
the Grand View Ballroom.
8.1.5 Rental of 2/3 Grand View Ballroom or Entire Grand View Ballroom
includes tables & chairs, catering kitchen, foyer and patio.
8.1.6 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.
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8.1.7 Additional permits and/or fees may be required depending on the
type of use.
8.2 Sycamore, Oak, Pine and Maple Room (DBC Meeting Rooms), Heritage
Community Center and Pantera Park Activity Room
8.2.1 Minimum use is 2 hours of rental time plus a mandatory minimum
thirty minute clean-up period at the end of each event.
8.2.2 Additional permits and/or fees may be required depending on the
type of use.
8.3 Kitchens
8.3.1 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).
8.3.2 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.
8.3.3 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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8.3.4 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.
8.3.5 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. Qualifying food and beverage as defined in Section 13.11
may be warmed using City equipment.
8.3.6 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.
8.4 Rehearsal
8.4.1 A rehearsal may be scheduled no more than twenty-one (21) days
prior to a contracted event date.
8.4.2 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.
8.4.3 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.
8.4.4 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.
8.4.5 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.
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9 Recurrent Use
9.1 Recurrent Facility Use by Group B Organizations
9.1.1 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.
9.1.2 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.
9.1.3 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.
9.1.4 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.
9.1.5 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.
9.1.6 Any use by Group B organizations outside the no-cost periods
established in this section is subject to Group C rates.
9.1.7 When not scheduled for Group B use, rooms may be reserved by
others per the terms of this policy.
9.1.8 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 Diamond Bar-based Non-Profit Use of Heritage Park Community Center or Pantera
Park Activity Room
10.1 Diamond Bar-based non-profit organizations will be allowed one no-cost use
of Heritage Park Community Center or Pantera Park Activity Room per year,
provided the use is for fundraising purposes.
11 Security
11.1 The City reserves the right to require security whenever it deems it
appropriate.
11.2 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).
11.3 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.
12 Alcohol Use
12.1 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 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.
12.2 General Alcohol Regulations
12.2.1 “Alcohol use” refers to any beverage that contains any amount of
alcohol.
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12.2.2 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.
12.2.3 If alcohol is to be served, full liquor liability insurance coverage is
required.
12.2.4 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.
12.2.5 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.
12.2.6 Non-profit organizations may serve alcoholic beverages by
obtaining a one-day permit from the California Department of
Alcoholic Beverage Control.
12.2.7 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.
12.2.8 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.
12.2.9 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.
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12.2.10 Alcohol may not be served or sold prior to or beyond the approved
alcohol service time.
12.2.11 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.
12.2.12 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.
12.2.13 Alcohol may not be served nor consumed in the parking lot without
written approval from the City.
12.2.14 The service of alcohol at any event is limited to a maximum of five
consecutive (5) hours.
12.2.15 Alcohol service time shall be ended no later than one (1) hour prior
to the scheduled start of event cleanup period.
12.2.16 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.
12.2.17 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.
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12.3 License Requirements
12.3.1 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.
12.3.2 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.
12.3.3 A copy of the A.B.C. license must be furnished to the City a minimum
of seven working days prior to the event.
12.3.4 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.
12.3.5 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.
12.3.6 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.
13 General Operating Regulations
13.1 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.
13.2 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 Director.
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Permits will be considered when animal is provided by an insured business.
The 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.
13.3 City Equipment may not be moved, rearranged, or altered for purposes
other than its intended use is prohibited. City equipment shall not be
removed from the facility.
13.4 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.
13.5 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.
13.6 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.
13.7 Discrimination by User Groups is prohibited. 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.
13.8 Events Not Covered in this 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.
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13.9 Facility User’s Property, including all decorations, 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 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.
13.10 Fire/Open Flame use is strictly prohibited without written approval in the form
of a permit issued by the City Building and Safety Official. Request for permit,
along with sample candle or open flame device, must be submitted to the
staff a minimum of fourteen (14) days prior to event. 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);
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.
13.11 Food and Beverage regulations apply to all rentals. 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.
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13.12 Illegal Activity is prohibited. 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.
13.13 Incense, Fog, Hazer or Smoke Use is not permitted at City facilities at any
time.
13.14 Marijuana/Cannabis may not be possessed, smoked, or otherwise ingested
anywhere on City property.
13.15 Maximum Attendance regulations apply to all rentals. All rentals are subject
to and may not exceed the maximum room capacities listed in Exhibit A.
Failure to comply may result in termination of event.
13.16 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.
13.17 Parking Lot Use is established to primarily 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.
13.18 Public Portions, including heating and air conditioning systems, are operated
solely by the City and shall be operated in a manner deemed best by the
City.
13.19 Security of Entrances regulations apply to all rentals. 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.
13.20 Sleeping or lodging is not permitted in City facilities.
13.21 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.
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14 Liability & Insurance
14.1 General Liability Insurance
14.1.1 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.
14.1.2 If alcohol is to be served, full liquor liability coverage is required.
14.1.3 The policy must include contractual liability that has not been
amended.
14.1.4 Insurance shall contain no special limitations on the scope of
protection afforded to City and City personnel.
14.1.5 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.
14.1.6 Insurance shall be “date of occurrence” rather than “claims made”
insurance.
14.1.7 Insurance shall apply separately to each insured against the limits
of the insurer’s liability
14.1.8 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.
14.1.9 The applicant’s policy must include a 30-day written cancellation
notice.
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14.1.10 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.
14.1.11 Coverage must be purchased via the City’s contracted special
events insurance provider, unless the applicant is able to meet
insurance requirements.
14.2 Additional Insured Endorsement
14.2.1 Additional insured endorsements are required and must
accompany the Certificate of Insurance.
14.2.2 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.
14.3 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.
15 Variances
15.1 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.
15.2 Variance Request Process
15.2.1 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.
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15.2.2 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, and 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.
15.2.3 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.
15.3 Variances may be requested only from the following requirements:
15.3.1 Hours of use beyond closing times stated in this policy.
15.3.2 Use of the parking lot for any purpose other than parking the cars of
facility users in marked stalls.
15.3.3 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.
15.3.4 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.
15.3.5 Requests for waiver or discount of fees will not be accepted nor
considered except for variances listed above.
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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
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
Exhibit A – Maximum Room Capacity 8.1.a
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Exhibit B
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CITY COUNCIL POLICY: 2018-02
ATHLETIC FACILITY
USE & ALLOCATION
POLICY
EFFECTIVE DATE: JANUARY 16, 2018
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1 Policy Statement
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 of Walnut Valley and Pomona Unified School District athletic facilities
when school is not in session and in accordance with the 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
allocation meetings of the user groups and the City, in which close
collaboration and cooperation is essential.
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:
1.3.1 To establish a fair and equitable process for allocating City facilities
for public use.
1.3.2 To ensure Diamond Bar residents have priority usage/access to City
facilities.
1.3.3 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.
1.3.4 To ensure City facilities are scheduled appropriately with proper
maintenance and renovation intervals.
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.
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2 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:
2.8.1 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.
The City reserves the right to adjust this formula at any time.
2.9.1 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.
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User Groups” – Qualifying youth or adult organizations that use athletic
facilities.
3 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.
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. 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. 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. All documents must be submitted on time and fully complete to
receive consideration for allocation.
3.2.1 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.
3.2.2 Complete list of names, address and telephone numbers of the
current Board of Directors or designated officials.
3.2.3 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.
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3.2.4 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.
3.2.5 Proof of current non-profit status with the Internal Revenue Service
and State of California, if applicable.
3.2.6 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
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.
3.2.7 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.
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Insurance Requirements.
3.3.1 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.
3.3.2 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.
3.3.3 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.
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.
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4 Facility Allocation Process
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.
4.1.1 Group A - Activities conducted and/or sponsored by the City of
Diamond Bar.
4.1.2 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).
4.1.3 Group C - All other Qualifying Youth Organizations.
4.1.4 Group D - Qualifying Adult Organizations.
4.1.5 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.
4.1.6 Group F – Non-Diamond Bar residents, businesses, or organizations
using the facility for a one-time, non-recurrent non-profit purpose.
Allocation Priority Within Groups. To determine allocation priority within
groups, the following factors shall be considered:
4.2.1 Total number of Diamond Bar Resident Participants
4.2.2 Resident Percentage Status (RPS)
4.2.3 Proposed activity’s “in-season” status. For example:
Spring: Baseball/Softball
Fall: Soccer/Football
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Facility Allocation Formula.
4.3.1 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.
4.3.2 Remaining surplus time available will be allocated to Qualifying
Organizations at the City’s discretion pending available facility
space.
5 Facility Use Permits
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.
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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.
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 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.
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.
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:
5.5.1 When the City is engaged in maintenance or other work involving
any of the facilities scheduled to be utilized.
5.5.2 When inclement weather or other conditions threaten the health
and safety of participants and/or may result in damage City
Facilities.
5.5.3 Any non-compliance with City policy or any provision of the
Diamond Bar Municipal Code.
5.5.4 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.
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.
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6 Athletic Facility Use Rules & Regulations
General. All park users, including Qualifying Organizations, must comply with
all provisions of the Diamond Bar Municipal Code.
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.
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.
6.3.1 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.
6.3.2 Priority of use shall be determined by the facility use schedule for the
softball/baseball fields, as follows.
6.3.2.1 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.
6.3.2.2 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.
6.3.2.3 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.
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Commercial Use of City Facilities. Generally, the private and/or commercial
use of City Parks for profit and private gain, including for private lessons, 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.
Concession Stands.
6.5.1 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.
6.5.2 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.
6.5.3 Adult supervision must be maintained at all times. Children under
the age of thirteen are not allowed to work in the concession stand.
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6.5.4 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.
6.5.5 The City assumes no liability or responsibility for any items stored or
kept in or otherwise brought to concession stands.
Field Modification Requests.
6.6.1 Requests to modify City facilities shall be submitted in writing to the
Parks & Recreation Department for review by staff.
6.6.2 The request may be presented to the Parks & Recreation
Commission for comment and the City Council for
consideration/approval.
6.6.3 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.
Field Preparation
6.7.1 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.
6.7.2 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.
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6.7.3 Users are responsible for general facility clean-up and litter removal
after each use.
6.7.4 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.
Inclement Weather/Health & Safety
6.8.1 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.
6.8.2 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.
6.8.3 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.
Lighted Athletic Fields
6.9.1 User of lighted athletic fields are subject to hourly fees and deposits
as determined by the City Council.
6.9.2 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.
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6.9.3 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.
6.9.4 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.
Maintenance
6.10.1 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.
6.10.2 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.
Motorized Vehicles
6.11.1 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.
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Public Address Systems/Sound Amplification
6.12.1 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.
6.12.2 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.
6.12.3 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.
Restrooms
6.13.1 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.
6.13.2 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.
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6.13.3 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.
Alcohol Use
6.14.1 Where the possession, transporting, selling, giving away, or
consumption of alcoholic beverages is allowed in parks pursuant to
Section 12.00.280 of the Diamond Bar Municipal Code, the user is
subject to all provisions of Section 12 Alcohol Use of the Facility Use
Rental Policy (City Council Policy 2018-01).
Storage Facilities
6.15.1 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.
6.15.2 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.
6.15.3 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.
Tennis Court Use
6.16.1 City tennis courts are available for use on a first come, first served
basis and may not be reserved, except for City-sponsored activities.
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City Council Policy: 2018-02 | Athletic Facility Use & Allocation Policy 17
6.16.2 When others are waiting and no courts are available, use of a court
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.
6.16.3 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.
Tournaments
6.17.1 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.
6.17.2 Tournaments must comply with all provisions of this policy and the
Diamond Bar Municipal Code.
Traffic & Parking
6.18.1 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.
6.18.2 Large events or tournaments may require additional traffic control
plans per the City’s public safety officials.
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Turf/Field Preservation
6.19.1 Users are expected to cooperate with the City to preserve playing
surfaces at City Facilities by following these guidelines:
6.19.1.1 Do not use turf areas that are wet or muddy.
6.19.1.2 Rotate play between different sections of turf to reduce
excessive turf wear in a single area.
6.19.1.3 Divots must be replaced at the end of each use to help
reestablish loose turf.
6.19.1.4 Avoid placing tarps or other coverings on turf playing
surfaces.
6.19.1.5 Soccer and football practices are not allowed on dirt infield
areas of baseball/softball diamonds.
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Exhibit C
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CITY COUNCIL POLICY: 2018-03
PARK & PICNIC
USE POLICY
EFFECTIVE DATE: JANUARY 16, 2018
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City Council Policy: 2018-03 | Park & Picnic Use Policy 2
1 Policy Statement
1.1 The purpose of this Park & Picnic 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.
1.2 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 this policy and/or may cause damage to the
facility.
1.3 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.
1.4 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.
1.5 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.
2 Picnic Areas
2.1 Use of City picnic facilities is subject to the maximum capacities shown in
Exhibit A. All rentals are subject to and may not exceed the maximum
capacities. Failure to comply may result in termination of event.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 3
3 Priority Rating
3.1 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:
3.1.1 Group A - Activities conducted and/or sponsored by the City of
Diamond Bar.
3.1.2 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.
3.1.3 Group C - Activities conducted by other Governmental agencies,
local school districts, or Diamond Bar based non-profit organizations.
3.1.4 Group D - Private events conducted by Diamond Bar residents,
resident groups/organizations, and Diamond Bar-based businesses.
3.1.5 Group E - Private events conducted by non-residents, non-resident
groups/organizations, and businesses based outside Diamond Bar.
4 Picnic Reservations – Application Process
4.1 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.
4.2 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.
4.3 Each reservation is subject to the approval of the City on a first come, first
serve basis.
4.4 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.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 4
5 Payments
5.1 All picnic rentals must be paid in full at the time of reservation.
6 Cancellation Policy
6.1 Picnic reservations cancelled 7 days or more prior to the event will receive a
refund of fees minus 50%.
6.2 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.
6.3 The City of Diamond Bar may cancel the use of park facilities for cause or
convenience.
7 Rules & Regulations
7.1 All park users must comply with all provisions of the Diamond Bar Municipal
Code.
7.2 Animals
7.2.1 Animals, except for leashed dogs and cats and licensed service
animals, are not permitted at City parks. 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 Director.
7.2.2 Permits will be considered when animal is provided by an insured
business. The 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.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 5
7.3 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.
7.4 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.
7.5 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.
7.6 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:
7.6.1 Maintain appropriate adult chaperones.
7.6.2 Notify the Sheriff's Department of an overnight campout.
7.6.3 Request Sheriff patrols during the campout.
7.6.4 Meet all required insurance requirements.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 6
7.7 Public Address Systems
7.7.1 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.
7.7.2 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.
7.7.3 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.
7.8 Where the possession, transporting, selling, giving away, or consumption of
alcoholic beverages is allowed in parks pursuant to Section 12.00.280 of the
Diamond Bar Municipal Code, the user is subject to all provisions of Section
12 Alcohol Use of the Facility Use & Rental Policy (City Council Policy 2018-
01).
7.9 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.
7.10 Users are expected to cooperate with the City to preserve playing surfaces
at City Facilities by following these guidelines:
7.10.1 Do not use turf areas that are wet or muddy.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 7
7.10.2 Rotate play between different sections of turf to reduce excessive
turf wear in a single area.
7.10.3 Divots must be replaced at the end of each use to help reestablish
loose turf.
7.10.4 Avoid placing tarps or other coverings on turf playing surfaces.
7.10.5 Soccer and football practices are not allowed on dirt infield areas of
baseball/softball diamonds.
7.11 Water activities, including, but not limited to dunk tanks and water slides, are
not allowed at City facilities.
7.12 No fires of any kind, including campfires, liquid fluids or charcoal fires are
allowed except in barbecues provided.
8 Insurance
8.1 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.
8.2 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.
8.3 Special event insurance is available to occasional and one-time users through
the City and can be purchased by the participating group. Contact the Parks
Recreation Department at 909-839-7070 for information.
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City Council Policy: 2018-03 | Park & Picnic Use Policy 8
Exhibit A
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
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RESOLUTION 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES,
AND CHARGES FOR PARKS & RECREATION FACILITY RENTALS,
PROGRAMS, AND SERVICES
A. RECITALS
WHEREAS, the City Council of the City of Diamond Bar has heretofore established
various schedules of rates, fees, and charges for facility rentals and various parks and
recreation programs and services; and
WHEREAS, pursuant to the Constitution and state laws of the State of California,
the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges
for municipal services; and
WHEREAS, at the direction and oversight of the City Council, the City did study
the cost of providing facility rentals and recreation programs and services and the extent
to which the City’s costs were being covered by the uses of such facilities, programs and
services; and
WHEREAS, the City’s fees for various municipal parks and recreation services are
in need of adjustment to better reflect the City's estimated reasonable cost of providing
the services; and
WHEREAS, the City Council desires to implement the fees for various municipal
parks and recreation services provided by the City of Diamond Bar as set forth herein.
B. RESOLUTION
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar finds and determines as follows:
SECTION 1. That based upon the data, information, and analyses, contained in
the corresponding staff report and attachments and the testimony presented at the
hearing, concerning the rates, fees, and charges described in Exhibit A, attached hereto
and by this reference incorporated herein, the rates, fees, and charges set forth in said
Exhibit A do not exceed the estimated reasonable cost of providing the service for which
they are levied.
SECTION 2. The rates, fees, and charges set forth in Exhibit A are hereby
adopted and approved as the rates, fees, and charges for the services identified.
SECTION 3. The rates, fees, and charges set forth in Exhibit A shall be effective
and implemented immediately upon adoption of this Resolution and shall supersede any
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previously applicable existing rates, fees, and charges, including but not limited to those
contained in Resolutions 1993-67, 2003-60, 2006-59, and 2010-33.
SECTION 4. Immediately upon the effective date of the rates, fees, and charges
set forth in Exhibit A, the previously established rate shall be superseded by the rates,
fees, and charges established in Exhibit A with the exception of those rates, fees, and
charges contained in rental contracts and registrations entered into prior to the adoption
of this Resolution.
SECTION 5. Beginning July 1, 2019, all rates, fees, and charges shall be adjusted
annually on July 1 by the Consumer Price Index, Urban Wage Earners and Clerical
Workers, March to March for the previous year, with the exception of established deposits
and participation fees set by the City Manager under Reference #PRR 1.
PASSED, APPROVED, AND ADOPTED this 16th day of January, 2018.
Ruth M. Low, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Resolution No. 2018-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 16th day of January, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
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Parks and Recreation Department | 2017-18 Fee Schedule 1
2017-18 FEE SCHEDULE
Parks and Recreation Department
Effective January 16, 2018
REF # SERVICE FEE
PRF 1 Athletic Field
Group B, C, D
0.00 Per Hour
PRF 2 Athletic Field - Lighting
Group B, C, D
0.00 Per Hour
PRF 3 Athletic Field
Group E
10.00 Per Hour
PRF 4 Athletic Field – Lighting (additional fee)
Group E
12.00 Per Hour
PRF 5 Athletic Field
Group F
25.00 Per Hour
PRF 6 Athletic Field – Lighting (additional fee)
Group F
25.00 Per Hour
PRF 7 Athletic Field – Lighting Left On
Group B, C, D
250.00 Per Day
PRF 8 Athletic Field Lighting Deposit
Group B, C, D
250 (2 Warnings Before
Deduction)
PRF 9 Athletic Field Use Cleaning Deposit
Group E, F 0-100 Participants
100.00
PRF 10 Athletic Field Use Cleaning Deposit
Groups E, F 101-200 Participants
200.00
PRF 11 Athletic Field Use Cleaning Deposit
Group E, F 201+ Participants
300.00
PRF 12 Concession Stand Deposit $100
PRHP 1 Heritage Park Community Room
Group C
55.00 Per Hour
PRHP 2 Heritage Park Community Room
Group D
65.00 Per Hour
PRHP 3 Heritage Park Community Room
Group E
90.00 Per Hour
PRHP 4 Cancellation more than 60 days in advance 50% of fees paid at
signing
PRHP 5 Cancellation 59 days or less in advance No Refund
PRHP 6 Cleaning Deposit $200 Per Event
PRPP 1 Pantera Park Activity Room
Group C
25.00 Per Hour
PRPP 2 Pantera Park Activity Room
Group D
35.00 Per Hour
PRPP 3 Pantera Park Activity Room
Group E
47.00 Per Hour
PRPP 4 Cancellation 60 or more days in advance 50% of fees paid at
signing
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Parks and Recreation Department | 2017-18 Fee Schedule 2
PRPP 5 Cancellation 59 days or less in advance No Refund
PRPP 6 Cleaning Deposit $100.00 Per Event
PRPIC 1 Park/Picnic Area Rental Application
Group C, D
50.00 Per Day
PRPIC 2 Park/Picnic Area Rental Application
Group E
100.00 Per Day
PRPIC 3 Park/Picnic Cancellation 7 or days in advance 50% of fees paid at
signing
PRPIC 4 Park/Picnic Cancellation 6 days or less in advance No Refund
PRPIC 5 Park/Picnic Use Cleaning Deposit
Groups C, D, E 0-100 Participants
100.00
PRPIC 6 Park/Picnic Use Cleaning Deposit
Groups C, D, E 101-200 Participants
200.00
PRPIC 7 Park/Picnic Use Cleaning Deposit
Groups C, D, E 201+ Participants
300.00
PRDBC 1 DBC – Grand View Ballroom, Weekday
Group C
125.00 Per Hour
PRDBC 2 DBC – Grand View Ballroom, Weekday
Group D
185.00 Per Hour
PRDBC 3 DBC – Grand View Ballroom, Weekday
Group E
250.00 Per Hour
PRDBC 4 DBC – Grand View Ballroom, Weekend (Friday and
Saturday)
Group C, D, E
3,960.00 for 6 Hour
Minimum
PRDBC 5 DBC – Grand View Ballroom, Sunday
Group C
1,485.00 for 6 Hour
Minimum
PRDBC 6 DBC – Grand View Ballroom, Sunday
Group D
2,970.00 for 6 Hour
Minimum
PRDBC 7 DBC – Grand View Ballroom, Sunday
Group E
3,960.00 for 6 Hour
Minimum
PRDBC 8 DBC – Grand View Ballroom, Weekend (Friday &
Saturday) > 6 Hours
Group C, D, E
370.00 Per Hour over 6
Hour Minimum
Reservation
PRDBC 9 DBC – Grand View Ballroom, Sunday > 6 Hours
Group C
125.00 Per Hour over 6
Hour Minimum
PRDBC 10 DBC – Grand View Ballroom, Sunday, > 6 Hours
Group D
250 Per Hour over 6 Hour
Minimum
PRDBC 11 DBC – Grand View Ballroom, Sunday, > 6 Hours
Group E
370 Per Hour over 6 Hour
Minimum
PRDBC 12 DBC – Grand View Ballroom, 2/3 Weekday
Group C
85.00 Per Hour
PRDBC 13 DBC – Grand View Ballroom, 2/3 Weekday
Group D
125.00 Per Hour
PRDBC 14 DBC – Grand View Ballroom, 2/3 Weekday
Group E
170.00 Per Hour
PRDBC 15 DBC – Grand View Ballroom, 2/3 Weekend (Friday
Saturday)
Group C, D, E
3,030.00 for 6 Hour
Minimum
PRDBC 16 DBC – Grand View Ballroom, 2/3 Sunday
Group C
990.00 for 6 Hour
Minimum
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Parks and Recreation Department | 2017-18 Fee Schedule 3
PRDBC 17 DBC – Grand View Ballroom, 2/3 Sunday
Group D
2,230.00 for 6 Hour
Minimum
PRDBC 18 DBC – Grand View Ballroom, 2/3 Sunday
Group E
3,030.00 for 6 Hour
Minimum
PRDBC 19 DBC – Grand View Ballroom, 2/3 Weekend (Friday
and Saturday) > 6 Hours
Group C, D, E
250.00 Per Hour Over 6
Hour Minimum
PRDBC 20 DBC – Grand View Ballroom, 2/3 Sunday, > 6 Hours
Group C
95.00 Per Hour Over 6
Hour Minimum
PRDBC 21 DBC – Grand View Ballroom, 2/3 Sunday, > 6 Hours
Group D
185.00 Per Hour Over 6
Hour Minimum
PRDBC 22 DBC – Grand View Ballroom, 2/3 Sunday, > 6 Hours
Group E
250.00 Per Hour Over 6
Hour Minimum
PRDBC 23 DBC – Grand View Ballroom, 1/3 Weekday
Group C
55.00 Per Hour
PRDBC 24 DBC – Grand View Ballroom, 1/3 Weekday
Group D
60.00 Per Hour
PRDBC 25 DBC – Grand View Ballroom, 1/3 Weekday
Group E
80.00 Per Hour
PRDBC 26 DBC – Grand View Ballroom, 1/5 Weekday
Group C
35.00 Per Hour
PRDBC 27 DBC – Grand View Ballroom, 1/5 Weekday
Group D
40.00 Per Hour
PRDBC 28 DBC – Grand View Ballroom, 1/5 Weekday
Group E
55.00 Per Hour
PRDBC 29 DBC – Pine Room, Weekday
Group C
55.00 Per Hour
PRDBC 30 DBC – Pine Room, Weekday
Group D
60.00 Per Hour
PRDBC 31 DBC – Pine Room, Weekday
Group E
80.00 Per Hour
PRDBC 32 DBC – Pine Room, Weekend
Group C
115.00 Per Hour
PRDBC 33 DBC – Pine Room, Weekend
Group D
125.00 Per Hour
PRDBC 34 DBC – Pine Room, Weekend
Group E
165.00 Per Hour
PRDBC 35 DBC – Sycamore Room (w/Patio), Weekday
Group C
55.00 Per Hour
PRDBC 36 DBC – Sycamore Room (w/Patio), Weekday
Group D
60.00 Per Hour
PRDBC 37 DBC – Sycamore Room (w/Patio), Weekday
Group E
80.00 Per Hour
PRDBC 38 DBC – Sycamore Room (w/Patio), Weekend
Group C
115.00 Per Hour
PRDBC 39 DBC – Sycamore Room (w/Patio), Weekend
Group D
125.00 Per Hour
PRDBC 40 DBC – Sycamore Room (w/Patio), Weekend
Group E
165.00 Per Hour
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Parks and Recreation Department | 2017-18 Fee Schedule 4
PRDBC 41 DBC – Oak Room, Weekday
Group C
55.00 Per Hour
PRDBC 42 DBC – Oak Room, Weekday
Group D
60.00 Per Hour
PRDBC 43 DBC – Oak Room, Weekday
Group E
80.00 Per Hour
PRDBC 44 DBC – Oak Room, Weekend
Group C
115.00 Per Hour
PRDBC 45 DBC – Oak Room, Weekend
Group D
125.00 Per Hour
PRDBC 46 DBC – Oak Room, Weekend
Group E
165.00 Per Hour
PRDBC 47 DBC –Maple Room, Weekday
Group C
30.00 Per Hour
PRDBC 48 DBC –Maple Room, Weekday
Group D
35.00 Per Hour
PRDBC 49 DBC –Maple Room, Weekday
Group E
45.00 Per Hour
PRDBC 50 DBC –Maple Room, Weekend
Group C
60.00 Per Hour
PRDBC 51 DBC –Maple Room, Weekend
Group D
70.00 Per Hour
PRDBC 52 DBC –Maple Room, Weekend
Group E
90.00 Per Hour
PRDBC 53 DBC – Catering Kitchen, Weekday
Group C, D, E
100 Per Event
PRDBC 54 DBC – Reception/Party Package,
Option A
500 Per Event
PRDBC 55 DBC – Reception/Party Package,
Option B
400 Per Event
PRDBC 56 DBC – Reception/Party Package,
Option C
350 Per Event
PRDBC 57 DBC – Business Mtg. Package, Option A $200 Per Event
PRDBC 58 DBC – Business Mtg. Package, Option B $100 Per Event
PRDBC 59 DBC – Outdoor Usage Fee $350 Per Event
PRDBC 60 DBC -- Staff Fee (Per Hour, Per Staff Member) $25 Per Hour, Per Staff
Member
PRDBC 61 DBC -- Staff Clean Up Fee (Per Hour, Per Staff
Member)
50 Per Hour, Per Staff
Member
PRDBC 62 Cleaning Deposit Maple, Pine, Oak, Sycamore, 1/3,
1/5 GVB
100 Per Event
PRDBC 63 Cleaning Deposit 2/3 GVB $500 Per Event
PRDBC 64 Cleaning Deposit Entire GVB $750 Per Event
PRDBC 65 Alcohol Deposit $500 Per Event
PRDBC 66 Cancellation Fee - Grand View Ballroom, Weekend
Sunday - 180 days or more prior to event
50% of All Reservation
Fees Due at Signing
PRDBC 67 Cancellation Fee - Grand View Ballroom, Weekend
Sunday - 60-179 days prior to event
75% of All Reservation
Fees Due at Signing
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Parks and Recreation Department | 2017-18 Fee Schedule 5
PRDBC 68 Cancellation Fee - Grand View Ballroom, Weekend
Sunday - 59 days or less prior to event
No Refund
PRDBC 69 Cancellation Fee - Grand View Ballroom, Weekday
60 days or more prior to event
50% of All Reservation
Fees Due at Signing
PRDBC 70 Cancellation Fee - Grand View Ballroom, Weekday
59 days or less prior to event
No Refund
PRDBC 71 Cancellation Fee - All Maple, Pine, Sycamore, Oak
Room Rentals - 60 days or more prior to event
50% of All Reservation
Fees Due at Signing
PRDBC 72 Cancellation Fee - All Maple, Pine, Sycamore, Oak
Room Rentals - 59 days or less prior to event
No Refund
PRDBC 73 Date Change Fee (180 days or more prior to event
one per reservation)
100 Per Event
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.
N/A
PRR 2 Activity Cancellation Fee $15.00 Per Activity
PRR 3 Contract Class Admin. Fee $10.00 Per Class
PRR 4 Non-Resident Fee (NEW) $5 Per Participant
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.
8.1.b
Packet Pg. 292
Agenda #: 8.2
Meeting Date: January 16, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW
COMMITTEE (MSRC) GRANT APPLICATION TO PURCHASE AN
ELECTRIC CHARGING STATION, TWO ELECTRIC VEHICLES, AND
A HEAVY DUTY NEAR ZERO EMISSION VEHICLE.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2018-XX approving a Mobile Source Air Pollution Reduction
Review Committee Grant Application in the Amount of $73,930 and autho rizing the City
Manager, or Designee, to Execute and Submit all Documents Necessary to Accept,
Administer and Expend the Grant Funding.
FINANCIAL IMPACT:
There is no impact to the General Fund.
The Mobile Source Air Pollution Reduction Review Committee (MSRC) allocated
$73,930 to the City of Diamond Bar for clean air projects. The MSRC will reimburse the
City of Diamond Bar once contract conditions have been met.
In order to receive the funding, matching funds in an estimated amount of $65,070
would be required which are available in the City’s Air Quality Fund 119, which
appropriates AB 2766 funds for the implementation of air quality management
compliance and provisions of the California Clean Air Act. Matching funds would be
appropriated in the Fiscal Year 2018-2019 budget to implement the grant application.
BACKGROUND:
According to the Air Quality Management District (AQMD), air pollutant emissions must
be reduced by an additional 75% in order to meet the 2023 federal ozone standard. To
reach this target, the Mobile Source Air Pollution Reduction Review Committee (MSRC)
allocated $21 million towards a new Local Government Partnership Match Program for
8.2
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Clean Transportation Funding. Local agencies would be eligible to receive a pro-rata
share of the MSRC’s available funding.
The primary goal of the Match Program is to assist local governments in leveraging their
AB 2766 funds to implement timely and effective air pollution reduction projects,
including infrastructure projects, electric vehicle charging stations, and the purchase
and lease of zero emission vehicles. Funding will be distributed on a first-come, first-
served basis to applicants that satisfy project requirements as specified in the funding
guidelines. The deadline to submit applications for this round of funding is March 2,
2018. The proposed grant application submittal would include the purchase of an
electric vehicle charging station at City Hall, two electric vehicles, and a heavy duty
near-zero emission vehicles.
DISCUSSION:
The City continues to actively seek external funding opportunities to offset the
incremental cost of new clean fuel vehicles and related infrastructure projects. In order
to participate in the MSRC Local Government Partnership program the City must
complete the following steps:
1. Participate in the MSRC Hosted Applicant Worship/Webcast. (Completed)
2. Present the MSRC provided PowerPoint Presentation to the City Council.
3. Submit a resolution acknowledging receipt of the presentation, authorizing the
project and allocation of the necessary matching funds.
4. Prepare a project implementation plan, and proposed budget.
The City currently has a total of four clean air vehicles, including one (1) electric vehicle,
and (3) hybrids. There are no electric vehicle charging stations at any of the City
facilities or parks.
Staff recommends utilizing the grant funds to install an electric vehicle charging station
at City Hall. The charging station would be available for the two new vehicles, and the
public to the extent possible. The public access component means the new charging
station would be eligible to receive an increased matching contribution of 75%. The
estimated cost for the charging station including the installation and warranty is
estimated at $55,000. The procurement of the installation would be executed in
accordance with the City’s purchasing policy.
The remaining funds will be used to purchase three alternative fueled vehicles. Two (2)
electric pool vehicles are estimated to cost $27,000 each, the MSRC allocates matching
funds up to $10,000 per vehicle. The purchase of one (1) near zero emission heavy-
duty vehicle represents a replacement of an existing diesel vehicle, where the MSRC
allocates a total of $15,000. All three vehicles will be executed in accordance to the
City’s purchasing policy. The following table represents the proposed projects and
estimated budget for the grant funds:
8.2
Packet Pg. 294
Project Implementation Plan and Budget.
Project Cost
Estimate
MSRC
Grant
City’s AB-
2766
FY 18/19
1 Design/Install Electric Vehicle
Public Charging Station at City Hall
$55,000 $38,930 $16,070
2 Purchase of electric vehicle sedan $27,000 $10,000 $17,000
3 Purchase of electric vehicle sedan $27,000 $10,000 $17,000
4 Purchase of heavy duty near zero
emissions vehicle
$30,000 $15,000 $15,000
Totals: $139,000 $73,930 $65,070
LEGAL REVIEW:
The City Attorney has reviewed and approved the attached resolution.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.2.a Resolution No. 2018-XX, MSRC Grant Application Authorization
2. 8.2.b Local_Government_Partnership_Program_-_Presentation
3. 8.2.c MSRC Local_Partnership Program Information
8.2
Packet Pg. 295
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AUTHORIZING THE CITY
MANAGER OR DESIGNEE, TO SUBMIT A GRANT
APPLICATION, OTHER NECESSARY DOCUMENTS AND
TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY
OF DIAMOND BAR WITH THE MOBILE SOURCE AIR
POLLUTION REDUCTION COMMITTEE, THROUGH THE
CLEAN TRANSPORTATION 2017 LOCAL GOVERNMENT
PARTNERSHIP PROGRAM IN ORDER TO APPLY FOR
AND RECEIVE GRANT FUNDS ON BEHALF OF THE CITY
OF DIAMOND BAR
WHEREAS, the Legislature and Governor of the State of California, through the
Mobile Source Air Pollution Reduction Committee (“Grantor”), have provided funds for the
Clean Transportation Funding Program (the “Grant”); and
WHEREAS, according to the Air Quality Management District (AQMD), air
pollutant emissions must be reduced by an additional 75% in order to meet the 2023
federal ozone standard; and
WHEREAS, the primary goal of the Match Program is to assist local government
in leveraging their Assembly Bill 2766 funds to implement timely and effective air pollution
reduction projects; and
WHEREAS, the City is familiar with the terms conditions and limitations of the
Grant and is able to conform to each of the terms, conditions and limitations imposed
upon the award of the Grant; and
WHEREAS, the City Council herby affirms acceptance of the Grant.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
1. The City Manager or designee is authorized to submit the Grant applications and
other necessary documentation for Grant funds in the amount of $73,390, with a local
match of $73,390 for and on be half of the City. In addition, the City Council hereby
authorizes the City Manager, or designee, to take all other actions, including executing
any amendments, extension or other such actions, as are necessary to apply for, receive
and utilize this Grant.
2. The proposed grant application submittal would include the installation of a public
electric vehicle charging station at City Hall, two electric vehicles, and a heavy duty near
zero emission vehicle.
8.2.a
Packet Pg. 296
2
1289171.1
3. The City hereby affirms its agreement to comply with each and all of the terms,
conditions and limitations imposed by the Grantor upon said Grant.
4. The FY 2018-19 annual budget is anticipated to include appropriations and in an
amount equal to the amount of the Gran t funds awarded for matching funds.
PASSED, APPROVED, AND ADOPTED this 16th day of January, 2018.
______________________________
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 adjourned regular meeting
held on the 16th day of January, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
8.2.a
Packet Pg. 297
LOCAL GOVERNMENT PARTNERSHIP PROGRAM
A Funding Opportunity to Improve Air Quality
in Your Community
8.2.b
Packet Pg. 298
Mobile Source Air Pollution Reduction Review Committee,
aka “The MSRC”
The MSRC was Established by the California Legislature in
1990
Sole Mission is to Invest Funds to Reduce Air Pollution
Generated by Mobile Sources (i.e., cars, trucks, buses, etc.)
Funds Generated by Surcharge on Motor Vehicle Registrations
The MSRC Works Closely with the South Coast Air Quality
Management District; However, the MSRC is NOT a
Regulatory Agency
The MSRC Invests in Clean Air Projects that Support SCAQMD
Objectives & Priorities
8.2.b
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SIGNIFICANT AIR QUALITY CHALLENGES IN
OUR REGION…
ACCORDING TO THE SOUTH COAST AQMD…
–South Coast Region is EXTREME NON-ATTAINMENT for OZONE
–Ozone Causes RESPIRTORY AILMENTS and is a Primary
Component of SMOG
8.2.b
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MANDATORY AIR POLLUTION REDUCTIONS
ARE NEEDED NOW…
NOx is a Precursor to Ozone (SMOG) Formation…
From Today’s Levels –NOx Emissions Need to be Reduced 45%
by 2023 –That’s Only a Few Years Away…
8.2.b
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HOW DO WE REDUCE NOx EMISSIONS BY 45%?
The AQMP is the Roadmap for How to Meet Our Mandated
Clean Air Obligations
By Implementing the
Clean Air Measures
Outlined in the South Coast
AQMD’s 2016 Air Quality
Management Plan
8.2.b
Packet Pg. 302
THE MSRC IS PARTNERING WITH THE SOUTH COAST
AQMD AND WANTS TO PARTNER WITH YOU…
…To Implement High Priority AQMP Strategies
AQMP includes Traditional Regulatory Measures & Incentive -based
Strategies
Incentive-Based Programs will Accelerate the Introduction of Key AQMP
Technologies including Zero & Near-Zero Emission Vehicles
The MSRC Has Reserved Incentive Funding for Your
Jurisdiction under the Local Government Partnership
Program
8.2.b
Packet Pg. 303
This is a great opportunity to receive funding to
implement projects your jurisdiction needs to be
part of our clean air future
Participation is 100% voluntary
Funding is already reserved for your jurisdiction
Please ask your staff to work with the MSRC to
develop projects that jumpstart implementation of
the AQMP & help improve air quality for all
residents
8.2.b
Packet Pg. 304
Announcing the MSRC’s Clean Transportation Funding™
2017 Local Government
Partnership Program
A Funding Partnership with Cities & Counties to “Jumpstart”
Implementation of the
SCAQMD’s 2016 Air Quality Management Plan
Program Opportunity Notice & Invitation to Negotiate
PON2018-01
September 1, 2017
8.2.c
Packet Pg. 305
MSRC Clean Transportation Funding™
Local Government Partnership/AQMP Jumpstart Program
1
I INTRODUCTION
Since the inception of the MSRC’s Clean Transportation Program more than 25 years ago, significant progress
has been made in reducing emissions from motor vehicles, especially as it pertains to vehicle exhaust emissions.
Emissions from motor vehicles, including light, medium, and heavy-duty vehicles, are on the order of 90%
cleaner today as compared to 25 years ago, and overall air quality has improved measurably within the South
Coast AQMD.
While measureable progress has been made in reducing vehicle emissions, the South Coast region still fails to
meet federally mandated air quality standards. These standards for smog-forming pollutants will become even
stricter by year 2023 – only eight years away. According to the South Coast AQMD, air pollutant emissions must
be reduced by an additional 75% in order to meet the 2023 federal ozone standard.
While our air quality challenges are daunting, a roadmap to achieve these mandated reductions in smog-forming
pollutants exists. The 2016 Air Quality Management Plan (AQMP) is the regional blueprint for achieving the
federal air quality standards for healthful air.
The 2016 AQMP recognizes the critical importance of working with other agencies to develop funding and
incentives that encourage the accelerated transition to cleaner vehicles and mobility strategies. As a means to
“jumpstart” the awareness of, and, most importantly, the implementation of proven air quality improvement
measures as outlined in the 2016 AQMP, the MSRC is offering to partner directly with cities and counties within
the South Coast AQMD on a new, innovative Local Government Partnership Program. This new program
emphasizes an accelerated transition to zero and near-zero vehicles along with essential supporting
infrastructure.
The Local Government Partnership Program represents an evolution of prior MSRC programs such as the Local
Government Match Program. While the Local Government Match Program was successfully implemented for
over 17 years, the new Local Government Partnership Program seeks to improve upon the prior program in the
following ways:
Increases participation of cities and counties within the South Coast District – while both the prior Local
Match and the new Partnership Program are voluntary, the Local Government Partnership Program SETS
ASIDE A PRO-RATA SHARE OF MSRC FUNDING FOR EACH CITY AND COUNTY WITHIN THE SOUTH COAST
AQMD WHO PARTICIPATE IN THE AB 2766 MOTOR VEHICLE REGISTRATION FEE PROGRAM.
Directly supports implementation of the South Coast District’s 2016 AQMP by FOCUSING MSRC
INVESTMENTS ON AQMP MEASURES.
Educates local government leadership on our air quality challenges and the regional blueprint for
achieving healthful air for all residents.
Leverages other sources of available funding
This document explains - step by step – how to partner with the MSRC and secure funding to implement clean
air projects in your jurisdiction. It is designed to place a minimum administrative burden on local government
staff while having the necessary safeguards built in to ensure integrity of the AB 2766 motor vehicle registration
fee programs. Each city and county that chooses to accept the MSRC’s partnership offer will be directly
8.2.c
Packet Pg. 306
MSRC Clean Transportation Funding™
Local Government Partnership/AQMP Jumpstart Program
2
supporting the South Coast District’s AQMP measures and will contribute a direct and tangible air pollution
reduction benefit to our region.
II PARTNERSHP OPPORTUNITY
The purpose of this Program Opportunity Notice and Invitation to Negotiate is to partner with cities and counties
that already participate in the AB 2766 Subvention Fund Program and to offer MSRC Clean Transportation
Funding, also known as AB 2766 Discretionary Funding, as a means to leverage both funds to implement 2016
AQMP measures.
This Local Government Partnership Program is unique in that it is a not a competitive procurement – the MSRC
has already set aside a pro-rata funding amount for each city and county to participate. This funding allocation
is based upon the amount of AB 2766 Subvention Funds each jurisdiction receives, subject to an adjustment
factor explained below. Note that AB 2766 Subvention Funds are distributed on a population basis as opposed
to the number of vehicle registrations within a given jurisdiction.
The 2016 South Coast AQMP places a strong emphasis on accelerating the transition to zero and near-zero motor
vehicles. For that reason, this funding opportunity from the MSRC has a focus on zero and near-zero emission
vehicles and their supporting infrastructure. However, the MSRC recognizes that smaller jurisdictions that
receive a relatively smaller AB 2766 funding allocation may not be positioned to pursue a zero emission fleet
transition at this time. For this reason, the MSRC affords smaller jurisdictions greater flexibility to pursue air
quality improvement strategies in addition to zero and near-zero emission vehicles and infrastructure. This is
explained is subsequent sections of the Program Opportunity Notice.
In addition to the direct air quality benefits that will be achieved through participation in the MSRC Local
Government Partnership Program, the MSRC also wants to use this opportunity as a means to educate local
governments on the MSRC’s mission, the SCAQMD’s 2016 AQMP and its air quality improvement measures, and
to increase awareness of other sources of incentive funding available to leverage AB 2766 funds and local
jurisdictions’ general funds to further and more rapidly implement the SCAQMD’s clean air roadmap. Thus, a
key element of the Local Government Partnership Program is the Education component. Working together, the
MSRC and local governments can leverage local, state, and federal funding opportunities to more broadly and
more rapidly realize the goals of the 2016 AQMP on a broad, regional basis.
A. How the MSRC Funding is Allocated
MSRC Funding available under the Local Government Partnership Program is allocated to cities and counties on
a population basis, subject to the following modifications:
Cities and Counties that receive an annual allocation of AB 2766 Subvention Funds less than $50,000 are
eligible to receive an MSRC Partnership match of $50,000. Thus, the MSRC increases the amount of
funding for small jurisdictions to ensure sufficient funds are available to implement a meaningful air
pollution reduction project(s);
Larger jurisdictions that receive a population-based AB 2766 Subvention Fund allocation greater than or
equal to $50,000 are eligible to receive a “dollar for dollar” MSRC funding allocation;
8.2.c
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MSRC Clean Transportation Funding™
Local Government Partnership/AQMP Jumpstart Program
3
The maximum amount of funding any single city or county will receive from the MSRC is $3,000,000;
thus, the MSRC Partnership match is capped at $3M.
B. Eligible Project Categories
The following are the eligible project types for which an MSRC Funding contribution can be sought by
participating cities and counties. Note that there are two categories of eligible projects – those for cities and
counties that are eligible to receive MSRC funding at the $50,000 level, and those cities and counties with larger
populations that are eligible to receive a greater pro-rata funding share.
1. Cities and Counties Eligible for an MSRC Funding Contribution Greater than $50,000: Cities and counties
with larger populations are required to propose projects related to the purchase and/or support of zero
and near-zero emission vehicles. The following are eligible project categories:
Light-duty Zero Emission Vehicle Purchases or Leases – This supports cities’ and counties’
acquisition of zero emission light duty fleet vehicles, including battery-electric and fuel cell vehicles.
MSRC funding can be used to fund up to a maximum of 50% of a qualifying vehicle’s net1 purchase
price, or up to $10,000 per vehicle, whichever is less. For the purpose of this eligible project
category, “light-duty” is defined as having a gross vehicle weight rating (GVWR) of 8,500 pounds or
less.
Medium & Heavy-Duty Zero Emission Vehicle Purchases – This supports cities and counties in
acquiring medium and heavy-duty fleet vehicles, including utility vehicles, transit-style electric
buses, etc. MSRC funding can be used to fund up to a maximum of 50% of a qualifying vehicle’s net
purchase price, or up to $100,000 per vehicle, whichever is less. For the purpose of this eligible
project category, vehicles must have a GVWR of 8,501 pounds or greater.
Near-Zero Emission Heavy-Duty Alternative Fuel Vehicle Purchases & Repowers - This supports
cities and counties in acquiring heavy-duty fleet vehicles equipped with an engine certified by the
California Air Resources Board to the Optional NOx standard of 0.02 g/bhp-hr. MSRC funding can
be used to fund up to a maximum of 50% of a qualifying vehicle’s net purchase price, or up to
$25,000 per vehicle, whichever is less. For the purpose of this eligible project category, vehicles
must have a GVWR of 14,001 pounds or greater.
Electric Vehicle Charging Infrastructure (EVSE) Installation – including the costs to purchase and
install EVSE to support increasing numbers of electric and plug-in hybrid vehicles. For the purpose
of this eligible category, the MSRC will contribute:
- Up to 50% of the total EVSE cost for private access EVSE, which is for the dedicated use of the
proposing entities(s), and;
- Up to 75% of the cost of publicly accessible EVSE.
Alternative Fuel Refueling Infrastructure New Construction or Expansion - including the costs to
purchase and construct natural gas or hydrogen refueling infrastructure, including expansion of
1 Purchase price after any manufacturer, federal, and State rebates and incentives
8.2.c
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MSRC Clean Transportation Funding™
Local Government Partnership/AQMP Jumpstart Program
4
existing natural gas or hydrogen refueling infrastructure, to support low-emission and near-zero
natural gas vehicles and zero emission fuel cell vehicles. For the purpose of this eligible category,
the MSRC will contribute:
- Up to 25% of the total cost for private access refueling infrastructure, up to a maximum MSRC
contribution of $350,000 per station, and;
- Up to 50% of the cost of publicly accessible refueling infrastructure, up to a maximum MSRC
contribution of $500,000 per station.
2. Cities & Counties Eligible for a Maximum MSRC Funding Contribution of $50,000 : Cities and counties
with smaller populations as described in Section A may propose to implement any of the zero and near-
zero vehicle and infrastructure eligible projects discussed under subsection 1., above. In addition,
smaller jurisdictions are also entitled to request MSRC funds for the following additional eligible project
categories:
Traffic Signal Coordination and Synchronization Projects – including arterial corridor traffic signal
coordination, multi-jurisdictional traffic signal coordination, adaptive onramp metering, and
expansion and limited upgrades to existing traffic management/operations centers.
Bicycle Active Transportation Projects – including the following bicycle projects: a) Class I, II, and IV
bicycle facility installations; b) Bike share programs; c) Bicycle detection system installations at
intersections; d) Bike stations, including bicycle lockers and racks; and e) Bicycle Campus projects.
First Mile/Last Mile Strategies – This category is limited to transportation strategies that provide
transportation connectivity options to increase utilization of public transportation for the benefit of
the general public. Note that this category is not intended to support employee rideshare programs.
When implementing a project(s) from this subsection, jurisdictions are required to provide total project
co-funding of at least 50%.
C. Match Funding Requirements – Project Contributions from Participating Cities & Counties
As noted above, the MSRC will contribute a portion of an eligible project’s total cost – the balance of a project’s
cost must be borne by the participating city or county. It is the express desire of the MSRC that participating
cities and counties use – to the maximum extent possible – their AB 2766 Subvention Funds as a match to MSRC
funds. However, there is no restriction on the source of match funding brought to a project by a participating
city or county.
Also, the MSRC encourages participating cities and counties to seek additional sources of incentive funding to
augment project implementation. Multiple incentive programs are available at the local, state, and federal level
to support the acquisition of zero and near-zero emission vehicles. The goal is to leverage additional funding
sources to accelerate implementation of AQMP measures. A listing of relevant additional funding sources can
be found on the MSRC’s website at www.cleantransportationfunding.org.
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III LOCAL GOVERNMENT PARTNERSHIP/AQMP JUMPSTART PROGRAM - REQUIREMENTS &
CONDITIONS
The MSRC’s Local Government Partnership Program has been designed to reduce administrative burdens on city
and county staff while ensuring conformance to all applicable SCAQMD regulations and MSRC policies. The
following requirements and conditions apply to each city and county that chooses to participate in the AQMP
Jumpstart Program:
1. Earliest Date for an MSRC Co-funded Project to Commence – The release date of this Invitation to
Negotiate, September 1, 2017, is the earliest date work on a project can commence and be potentially
eligible for MSRC funding. This only applies to project implementation costs for which MSRC funding is
sought – previous coordination planning or other project components conducted using other funding sources
are not subject to this requirement.
Please note that any expenditure made in anticipation of an award of MSRC funding prior to contract
execution is solely at the applicant’s risk. If no contract is executed, neither the MSRC nor SCAQMD is liable
for payment of any funds expended in anticipation of a contract. Please note that in the event a contract is
executed, reimbursement for any costs incurred by the proposer in anticipation of the contract is at the
discretion of the MSRC and SCAQMD.
2. Eligibility Requirements – Cities and counties that have opted in to the AB 2766 Subvention Fund motor
vehicle registration fee program are eligible to participate in the MSRC’s Local Government Partnership
Program. The South Coast AQMD has predetermined the eligibility status of each city and county within the
South Coast region. The SCAQMD is the responsible public agency for the disbursement of AB 2766
Subvention Fund revenues.
3. Partnering with Other Jurisdictions - Teaming by cities and/or counties, and the pooling of MSRC Local
Government Partnership funds is allowable as a means to implement joint projects of mutual benefit to the
participating jurisdictions. Please note that a lead team member must be designated for the purpose of
application submittal and contracting. If desired, multiple cities and/or counties may form a Joint Powers
Authority (JPA) for the purpose of application submittal and contracting. Please note that all members of
the JPA must meet the eligibility requirements of the preceding paragraphs. A letter designating the lead
agency and authorizing such agency to act on behalf of a jurisdiction’s interests must be submitted from
each participating city and/or county as an element of the project application.
4. Project Completion Deadlines – All projects should be designed such that they can be fully implemented
within 60 months of contract execution.
5. Reporting Requirements – The reporting requirements established for the Program are intended to ensure
adequate monitoring of the use of public funds, while avoiding the imposition of excessive reporting burdens
on the funding recipients. Individual reporting requirements will be a function of the type of project
proposed; however, reporting typically includes quarterly progress reports as well as a concise Final Report.
6. Audit Requirements – In accordance with state law, all projects funded with MSRC Clean Transportation
Funding™ are subject to audit. It is highly recommended that applicants employ standard government
accounting practices when administering their MSRC co-funded project.
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7. Additional Requirements & Conditions on MSRC Local Government Partnership Program Funding
Projects funded under the MSRC Local Government Partnership Program are not eligible to receive
additional MSRC funds under any other current or future MSRC Work Program solicitation;
Projects awarded MSRC funding under a previous Work Program are not eligible to receive additional
MSRC funding under this Program;
MSRC funding over and above the original contract amount will not be available for any reason, including
project cost overruns. Participating cities, counties, and JPAs must use funding sources other than MSRC
funds to cover foreseen or unforeseen project cost increases;
Project management costs necessary to implement demonstration projects are allowable; however, the
MSRC reserves the right to reduce or delete project management costs that appear excessive;
MSRC funds will be distributed on a reimbursement basis upon completion of the approved project
milestone and submittal of all required reports and invoices;
Certificate of Insurance or Letter of Self Insurance - All cities, counties, and JPAs that accept an MSRC
funding award must provide a Certificate of Insurance or Letter of Self Insurance within 45 days of
notification of a funding award.
IV HOW TO PARTICIPATE – STEP BY STEP INSTRUCTIONS
In order to participate in the MSRC Local Government Partnership Program, jurisdictions must complete the
following Program Application steps:
1. Participate in the MSRC Hosted Applicant Workshop/Webcast – this webcast will explain in more detail
the requirements to participate in the MSRC’s Local Government Partnership/AQMD Jumpstart
Program. Note that participation in the webcast is voluntary; however, participation is encouraged.
The webinar will take place on Tuesday, October 3 at 10:00 am. Access information will be posted on
the MSRC website prior to the meeting. Alternatively, prospective participants may attend in person
in Conference Room GB at the SCAQMD headquarters at 21865 Copley Drive, Diamond Bar, California.
2. Download the MSRC-provided PowerPoint Presentation from the MSRC Website at
www.Cleantransportationfunding.org. This brief presentation must be presented to each participating
City Council or Board of County Supervisors to be eligible to receive MSRC funding.
3. Obtain a Resolution or Minute Action Documentation - All applications submitted under the Local
Government Partnership Program must include a copy of an approved Resolution or Minute Action from
the City Council or County Board of Supervisors of the lead agency that:
a) Acknowledges receipt of the MSRC-supplied presentation from city or county staff;
b) Authorizes the proposed project; and
c) Allocates the necessary matching funds.
4. Prepare a Project Implementation Plan - This application element outlines the specific projects or
programs for which MSRC funding is sought, subject to the eligible project categories outlined in Section
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II.B, above. The information provided will be the primary source material for the development of a sole-
source contract Statement of Work.
5. Proposed Budget – This application element delineates how the participating city or county proposes to
invest their allocation of MSRC Clean Transportation Funding™ in support of eligible AQMP measures.
It is preferred that cities and counties provide cost information at the “per project” level. Note that the
goal of the MSRC is to significantly leverage Clean Transportation Funding™; thus, participating cities
and counties are encouraged to maximize the use of other funding sources to expand project scope and
accelerate implementation of South Coast AQMP measures.
6. Implementation Schedule – This final application element requests the submittal of a schedule depicting
key milestones, anticipated project completion dates, etc. The goal of the MSRC is to have all projects
completed within 60 months of contract execution.
V APPLICATION SUBMITTAL
Applications to participate in the MSRC’s Local Government Partnership Program can be submitted by a city,
county, or eligible JPA between the dates of September 1, 2017 and March 2, 2018. As this is a sole source
solicitation, the MSRC reserves the right to modify the proposal acceptance period at their discretion, including
granting additional proposal preparation time without penalty.
Applications must be submitted electronically in PDF format using the MSRC Website. We believe this benefits
the applicant, the MSRC staff, and the environment. A tutorial has been developed to walk applicants step by
step through the electronic application submittal process. This tutorial is available on the MSRC Website at
www.cleantransportationfunding.org. Look for the tutorial on the “Proposal Process – Upload Proposal” page.
VI PARTICIPATION APPLICATION REVIEW, ACCEPTANCE, & CONTRACTING
A Subcommittee of the MSRC Technical Advisory Committee (MSRC-TAC) will evaluate each application received
for conformance to Program requirements. The Subcommittee will make recommendations to the full MSRC-
TAC, who will in turn advise the MSRC. Upon approval by the MSRC, a sole-source contract will be negotiated
between the SCAQMD on behalf of the MSRC and each participating city, county, and JPA. Applications will be
evaluated as received.
If you have any questions regarding this funding opportunity or this Program Opportunity Notice and Invitation
to Negotiate, please contact one of the MSRC staff members listed below:
Cynthia Ravenstein
Cravenstein@aqmd.gov
(909) 396-3269
Ray Gorski
rgorski@aqmd.gov
(909) 396-2479
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