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10/19/2004
PHIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR 'ERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST =VERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 19, 2004 Next Resolution: 2004-58 Next Ordinance: 09(2004) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda Conference with Real Property Negotiators: Government Code Section 54956.8 (2 cases) (1) Property Negotiations: Address: Sandstone Canyon Agency Negotiator: City Manager Negotiating Party: Walnut Valley Unified School District Under Negotiation: Price and Terms of Payment (2) Property Negotiations: Address: Portion of Lot 1, Tract No. 31479, Lot 61, Tract No. 42557 Agency Negotiator: City Manager Negotiating Party: D & L Properties, Inc. Under Negotiation: Price and Terms of Payment Initiation of Litigation: Government Code Section 54956.9(c) — (1 case) STUDY SESSION: 6:15 p.m., Room CC -8 Overview of ICSC Conference — DCM/DeStefano Public Comment: Adjournment: CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Webelos from Pack 737 INVOCATION: Pastor Bob Stebe Northminister Presbyterian Church OCTOBER 19, 2004 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera, Mayor Zirbes APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming October 23, 2004 as "Make a Difference" Day. 1.2 Proclaiming October 23-31, 2004 as"Red Ribbon Week." 1.3 Special Recognition to Linda Magnuson for her 15 years of service with the City of Diamond Bar. NEW BUSINESS OF THE MONTH: 1.4 Presentation of Certificate Tile to Hwang Jae Restaurant as New Business of the month, October, 2004. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Continued 1.5 Power Point Presentation bythe San Gabriel Valley Council of Governments (SGVCOG). 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: Discussion of Landscape Improvements at the D.B. Center 3. PUBLIC COMMENTS: "Public Comments" isthe timereserved 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 itemsnot listed on the posted agenda. Please complete a Speaker's Card and give itto the City Clerk (completion ofthis form is voluntary). There is a five-minute maximum time limitwhen addressing the Citv Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members ofthe City Council may briefly respond to public comments but extended discussion nor action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING— October 21, 2004 — 7:00 p.m., AQMD/Government Center, Room CC -8, 21865 Copley Dr. OCTOBER 19, 2004 PAGE 3 CITY COUNCIL 5.2 PLANNING COMMISSION MEETING - October 26, 2004 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 PARKS AND RECREATION COMMISSION - October 28, 2004 - 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr. 5.4 "HALL OF HORRORS" HAUNTED HOUSE -October 30 - 31, 2004 - 6:00 - 9:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. Admission $4.00. 5.5 FALL FUN FESTIVAL - October 31, 2004 - 4:30 - 8:30 p.m., Heritage Park , 2900 S. Brea Canyon Rd. Halloween Video Presentation 5.6 PUBLIC SAFETY COMMITTEE MEETING - November 1, 2004 - 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.7 CITY COUNCIL MEETING - November 2, 2004 - 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Joint Meeting with Traffic and Transportation Commission of October 5, 2004 -Approve as submitted. 6.1.2 Study Session of October 5, 2004 - Approve as submitted. 6.1.3 Regular Meeting of October 5, 2004 - Approve as submitted. 6.2 Warrants -Approve Warrant Registers dated October 7, 2004 and October 14, 2004 in the amount of $1,226,667.84 . 6.3 Denial of Claim: Filed by Claudia Avila on August 9, 2004. Recommended Action: Deny. Requested by: City Clerk 6.4 Authorize the City Manager to purchase computer hardware from CDW, Inc. in an amount not to exceed $27,000. Recommended Action: Authorize. Requested by: City Manager OCTOBER 19, 2004 PAGE 4 CITY COUNCIL 6.5 Approve Execution of Consent to Assignment of the Agreement for Traffic Signal Maintenance Services from Signal Maintenance, Inc. to Republic Electric. Recommended Action: Approve and authorize City Manager to execute Consent to Assignment. Requested by: Public Works Division 6.6 Approve Notice of Com pie tion for the Traffic Signal Modification Project on Grand Ave. at Shotgun Ln. at Sum mitridge Dr., Brea Canyon Rd. at Lycoming St., and Golden Spgs. Dr. at Ballena Dr. Recommended Action: Approve and File Notice of Completion. Requested by: Public Works Division 6.7 Approve Contract Amendment No. 2 with Advantec Consulting Engineers for Design of Traffic Signa I Modifications (Left -turn Signals) on Diamond Bar Blvd. at Sunset Crossing Rd., Northbound SR -57 On Ramp, and Cold Spring Ln.; Design of New Traffic Signal at the Intersection of Diamond Bar Blvd. and Maple Hill Rd. in the amount of $24,500, plus a contingency of $2,450 for a Total Authorization of $26,950; and Appropriate $7,000 of General Fund Balance Reserve restricted from the previous Sale of Prop AFunds for the Design of the Traffic Signal at Diamond Bar Blvd. and Maple Hill Rd. Recommended Action: Approve. Requested by: Public Works Division 6.8 Adopt Resolution No. 2004 -XX: Approv ing Submittal of an Application for Grant Funds for the Installation of Artificial Turf at the Upper Field at Lorbeer Middle School from the Youth Soccer and Recreation Development Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2003 (Proposition 40). Recommended Action: Adopt. Requested by: Community Services Division 6.9 Appropriate an Amount Not to Exceed $600,000.00 to KPRS Construction Services, Inc. for Additional Work at the Diamond Bar Center. Recommended Action: Appropriate. OCTOBER 19, 2004 PAGE 5 CITY COUNCIL Requested by: City Manager 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: STUDY SESSION OCTOBER 19, 2004 DUE TO THE LENGTH OF DISCUSSION DURING CLOSED SESSION THE STUDY SESSION FOR OCTOBER 19, 2004 WAS NOT HELD. Linda C. Lowry, City Clerk ATTEST: Bob Zirbes, Mayor ICSC 2004 Recap Retail Traffic Magazine Ad af POpulationu anion Z61 Apo e: '01,164 pvle[a4°Kp°seholde!jC5, percent eHOU Valu 5515.000 g. isn Lar 5p MOwne ,occuPl�;on: 55.08.1 a01111on %ra Taxab�s ets• Sree o 111H1Qner, flare erten eloi s Deg 1n vada Bacn t.owe� crime rate retaii awor . iiakeewavaiit a Advertisement placed prior to event gave retailers/developers a preview of our projects. The magazine also got a bonus distribution at ICSC. City's Trade Show Display Unit . A generic photo background allows the booth to be customized for a variety of uses within the entire organization with a unique 3-D effect. Traffic Theme =Booth Traffic The booth's theme EArrE=' used Diamond Bar's �4�L )lCl�Ilo/Lll� Cji� �"°"E CIZ high traffic counts to its advantage Ala. A steady stream of traffic flowed by the City's booth and project information packets were handed out to more than 100 potential retailers and/or developers. San Gabriel Valley Council of Governments RlE( lou, employees • 550,000 Households • Ethnically diverse: 44% Latino, 26% White, 22% Asian, 4% Black, and 2% Multi -racial Seven of the region's freeways cross the through the Valley too v a:ucy ✓ The San Gabriel Valley is represented by 3 LA County supervisors, 13 members of the State Legislature, and by 5 members of US Congress ✓ In the 1990's, 2 out of every 3 new jobs created in LA County were in the San Gabriel Valley ✓ By the year 2030, the San Gabriel Valley will add 620,000 people, 190,000 households, and 200,000 jobs ✓ The San Gabriel Valley is currently 99% built out ka Oi • Roughly the size of San Bernardino and Riverside Counties • Larger than 12 States, with a population approximately the size of Nevada, New Mexico, and West Virginia in Me San Gabriel Valley regardingpolicies and programs that address issues relating to land use, air quality, transportation, solid waste and other matters deemed essential to our cities." c 1/1 • � 1/1 • 1/1 / / 1/1 Mountains Conservancy ➢ SCAG Regional Council San Gabriel Valley Caucus • Transportation Results ➢ Alameda Corridor -East Construction Authority ➢ Los Angeles -Pasadena Gold Line Light Rail — Phase I ➢ Formation of Gold Line Foothill Extension (Pasadena — Montclair) JPA ➢ West San Gabriel Valley Bus Zone ➢ San Gabriel Valley Summit on Growth ➢ San Gabriel Valley Housing Summit ➢ San Gabriel Valley Environmental Summit ➢ Regional Housing Needs Allocation Program ➢ Ten Year Employment Analysis - Job Growth ➢ National Award Livable Cities Case Study Program him ivv. r1m , 42.5% Percentage of Dues from Sources ...". X 1 • Fund and project implementation of the Alameda Corridor East (ACE) • Implement the Strategic Housing Plan • Develop a Brownfield Inventory Website • Develop a San Gabriel Valley Website ke„ Up -Grade of Landscaping at the Diamond Bar Center What are we doing? Why are we doing it? How is it being done? What results should we expect and when? Diamond Bar Center Landscape Upgrade • What: Removal of dead, dying and under performing plant material and replanting where appropriate with new plantings that are aesthetically pleasing as well as being more sustainable. • Why: 1. To provide an aesthetic pleasing and safe landscape for visitors to the center as well as for those residents living near the center. 2. To have a sustainable landscape that minimizes the use of resources such as water, replacement plantings, chemicals, pesticides and labor. The slope plantings are to minimize the affect of erosion as well. Landscape Upgrade (Continued) • How: 1. Chemically treat the hydro seeded areas with the herbicide Round Up then remove to a height of 2" to 4" on slope areas to minimize erosion. Manually remove all other remaining dead or inferior plant material. 2. Replanting will take place with suitable plantings that are currently performing well on the site or are performing well in other areas in the city. 3. This process of removal and replanting will be completed by December 15 th weather permitting. • What to expect: Slope plantings will require two (2) complete growing seasons to provide 80% to 90% coverage of the planted areas. A growing season is defined as March through October. Commemorative Tile Walkway Before Now Future (Similar) Access Road to East Parking Before Now Future (Similar) a 16 -,�T -177, 37 AIC Future (Similar) :5M vp Future (Similar) 1. `r► �► ! , '1 t 'Rom yt' p wq A� � - y„• — L� iii � i� �,. n 4 Agenda Item #6.1.1 CITY OF DIAMOND BAR MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND TRAFFIC AND TRANSPORTATION COMMISSION OCTOBER 5, 2004 CALL TO ORDER: Mayor Zirbes and Chairman Pincher called the Study Session to order at 5:02 p.m. in Room CC -8, SCAQMD/Governmen tCenter, 21825 Copley Dr., Diamond Bar. II. CITY COUNCIL ROLL CALL: Bob Zirbes, Mayor; Carol Herrera, Mayor Pro Tem and Council Members Wen Chang, Bob Huff and Debby O'Connor. TRAFFIC AND TRANSPORTATION COMMISSION ROLL CALL: Liana Pincher, Chairperson; and Commissioners Roland Morris, Jack Shah, and Arun Virginkar. Tony Torng Vice Chairman was excused. Also Present were: Linda Lowry, City Manager; Michael Jenkins, City Attorney, James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolholda, Senior Engineer; Susan Full, Accountant II and Tommye Cribbins, Executive Asst. IV. DISCUSSION TOPICS: Neighborhood Traffic Management Program. SE/Alamolholda introduced Joel Falter, Vice President of Katz, Okitsu & Associates and Project Manager for the Citywide Neighborhood Traffic Management Program who presented the four -step proposed Scope of Work using a slide presentation. C/Shah asked Mr. Falter if his firm conducted a follow up after the initial six-month startup period. Mr. Falter explained that generally, the first six months is the period during which the community's initial reaction is studied to determine the effectiveness of the initial goal to reduce speeding. He felt it took about six months to change people's behavior and six months to a year to see if people would revert back to their old habits. At that point, it would be up to the City whether it wanted to spend money to go back and re -monitor the same streets. C/Morris asked if Mr. Falter had previously dealt with the type of topography found in D.B. Mr. Falter responded that he had dealt with steeper grade streets on a regular basis. He explained that OCTOBER 5, 2004 PAGE 2 JTCC&TTCOMM STUDY SESSION some mitigation tools have limits on steeper grade streets. For instance speed humps or speed cushions on 4-5% grade and higher would not be recommended because they create problems for cyclists and motorists in general. His firm tailors the tool for the type of street and surrounding topography. C/Virginkar stated that based on his experience on the Commission, one of the challenges would beto persuade people to participate in the process. The Commission receives a lot of complaints that come to the body for discussion. Staff prepares excellent reports and proposed solutions, but the participation by residents is very minimal. Another challenge would be to convince community members that speeding is the problem and that speed humps are not the only solution. Mr. Falter agreed that it was often a challenge, but very often the affected residents were desperate to incorporate a solution. Residents realize that when cities are fiscally challenged, medians, Botts dots and other solutions are expensive and time consuming. Whereas, speed humps offer a quick and relatively inexpensive solution. His challenge would be to offer other solutions on a trial basis. C/Morris said that in one case speed humps were installed to protect neighbor from neighbor. Mr. Falter said that during presentations he would overlay mitigation tools onto topo's of other communities to help residents make educated decisions. In response to C/O'Connor PWD/Liu stated that this year's budget included $100,000 for the study. M/Zirbes thanked Mr. Falter for his presentation. C/Morris hoped that this study would take a close look at the beautification issue because in his opinion, some of the traffic mitigation measures he had viewed were ugly. Chair/Pincher was also concerned about getting adequate community participation and hoped that the consultant could entice residents to join in the process. M/Zirbes thanked the Traffic and Transportation Commissioners for their participation in tonight's meeting and for the time they dedicate to their positions on the Commission. 11/�1�1E3�i:•Z•Z�]��d��d�����► •[iii�i�n�-�• OCTOBER 5, 2004 PAGE 3 JTCC&TTCOMM STUDY SESSION VII. ADJOURNMENT: With no further business to conduct, Chairperson Pincher adjourned the Traffic and Transportation Commission at 5:40 p.m. With no further business to conduct, Mayor Zirbes adjourned the City Council at 5:40 p.m. Respectfully submitted, LINDA LOWRY, CITY CLERK David G. Liu, T&T Secretary The foregoing minutes are hereby approved this _ 19th day of October , 2004. / /s -- ----------------------------- BOB ZIRBES, MAYOR Liana Pincher, Chairman Agenda Item #6.1.2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 5, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 5:42 p.m. in Room CC -8 of the South Coast Air Quality Management District/Governm ent Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Fred Alamolholda, Senior Engineer, Sharon Gomez, Senior Management Analyst; April Blakey, Public Information Manager; Susan Full, Accountant II and Tommye Cribbins, Executive Assistant. Alternative Financing Options to Reduce Current Annual Costs — PiperJaffray - Presentation by Larry Kosmont, Kosmont and Associates and Eric Scriven, Piper Jaffray. Larry Kosmont explained this presentation is to provide Council with information in order to make the decision about how to take advantage of the marketplace in terms of the City's Letter of Credit and financing costs. He reminded Council that the City needs the Letter of Credit because the Council selected the variable rate interest program. The Letter of Credit gives the City the ability to re -trade the bonds/credit facility as the variable rate increases and decreases, and the cost of money changes internally. The City needs the Letter of Credit for liquidity to pay off the investor as the rates trade in and out. The City could rebid the Letter of Credit using the same basic documents contained in the original deal. The current Letter of Credit expires on December 18 this year. Based on the market, the new Letter of Credit would likely come in between 80 and 95 basis points compared to 110 basis points the City was currently paying with a likely savings of $750,000 overall or as low as $375,000. C/O'Connor asked Mr. Kosmont, based on a savings of $41,000 how much it would cost the City to redo the Letter of Credit. Mr. Kosmot said that overall, the savings would be $744,000 with a total cost to re -bid and restack the Letter of Credit at about $50,000 to save between $350,000 and $750,000. C/O'Connor said that would assume the City would continue on this path for the next 30 years. OCTOBER 5, 2004 PAGE 2 CC STUDY SESSION Mr. Kosmont said that if the City wanted to pay off the bonds in one year or less it should do nothing. If the Council chose to continue for another three to four years it would pay to re -do the Letter of Credit. The LOC could be redone within a three to five week timeframe with the Council's direction by December 18. Eric Scriven stated that whatever option the Council decided to exercise, it should be in play no later than December 1 so that the current provider could be made aware that the City wa s not going to renew the LOC. Mr. Kosmont explained the article provided to Council about short-term buyers options. He said that he needed to advise Council that the Letter of Credit facility in the marketplace was shrinking slightly. In other words, there were fewer banks in the marketplace selling Letters of Credit of $20 million or less. As this tool becomes less popular, it becomes more expensive because it becomes harder to secure. If the City is not in the business of bonds for over five years, this is not something it should do. But if the City is in the business of bonds for six or seven years or more, this is perhaps a better replacement paper option. Mr. Scriven said the Council needed to decide how long the City was going to stay in the loan. If it were less than one year, the City would not want to incur the maximum $50,000 cost. If it were held less than five years, the City would not really recoup the payback on the cost of issuance. He said that tonight's cost estimates were very conservative assumptions on the option rate and that the basic decision remained the same. If the City were to keep the LOC beyond five years the renewal risk and financial savings should beconsidered. Mr. Kosmont said that if the City held for six more years, it would save at least $1 million. Hesummarized his previous remarks. MPT/Herrera said she was not in favor of paying off the bonds right away orjust keeping them for another year. She urged the Council to keep them for ten years. M/Zirbes said he was good to go for the length of the cap or eight more yea rs. CM/Lowry felt that if the City wanted to continue pursuing economic development or finance other capital improvements, the time would come when the Council would decide to refinance the bonds in order to have cash available, and it could be for a higher issuance. Her sense was that the Council could look at it as an investment option or as planning for capital expenditures, two different approaches as to the purpose of the bonds. Therefore, she would hesitate to look at it from singularly a financial impact now. The Council may wish to refinance for a higher OCTOBER 5, 2004 PAGE 3 CC STUDY SESSION amount within the next five years for an entirely different reason. Her choice would be to stay with the current program, wait a few more years and determine atthat time where the City was with its financial needs and then look ata re -issuance. C/Chang felt there was no point to spending another $400,000 to increase the burden atthis time since the City did not yet have a clear picture about economic possibilities. M/Zirbes agreed and felt that renegotiating the LOC costs would be in order. Five years from now the City may want to get more money or, it may find itself in a situation where developers have moved in retailers and the City has a significant amount of ca sh coming in and wants to pay off the bonds. M/Zirbes asked if offshore banks were being considered for the LOC. Mr. Scriven named a few and included names of domestic banks. M/Zirbes asked if any ofthe banks being considered would potentially limit the amount. Mr. Scriven said there could beconcern about some banks, and hewould not recommend an LOC with those institutions. He indicated to M/Zirbes that he thought he could come close to achieving the 80 basis points and further elaborated on trends and options in the current marketplace. M/Zirbes confirmed that the Council's objective was to reduce the annual co St. Council concurred to have Kosmont shop the Letter of Credit and bring back options for Council consideration and possible action. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session at 6:20 p.m. to Closed Session. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this 19th day of October , 2004. BOB ZIRBES, Mayor Agenda Item #6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 5, 2004 CALL TO ORDER: Mayor Zirbes called the Regular City Council meeting to order at 6:55 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Zirbes reported that Council began its evening at 5:00 p.m. with a joint meeting with the Traffic and Transportation Commission and received an overview of the proposed scope of work for the upcoming Citywide Neighborhood Traffic Management Program followed by a study session wherein the Council discussed possible refinancing options for the Letter of Credit for the Public Facilities Bond with no reportable action, followed bya Closed Session that would beresumed following tonight's Council Meeting. PLEDGE OF ALLEGIANCE: Council Member Huff led the Pledge ofAllegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church gave the invocation. ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney, James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolholda, Senior Engineer; Susan Full, Account II and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: CM/Lowry requested that Consent Calendar Item No. 6.6, a request to adopt a resolution supporting the California Performance Review with regard to devolving the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy be pulled from tonight's agenda. Further, staff requested that the Council accept its recommendation to change the recommendation on Council Consideration Item 8.1 to "table" the MOU discussion. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Herrera presented a Proclama tion proclaiming October 2004 as Fire Prevention Month to Asst. Fire Chief Nieto. BUSINESS OF THE MONTH: 1.2 C/Chang presented a City Tile to Financial Center Manager Todd Vonaken with Washington Mutual Financial Center. The presentation concluded with a business video presentation. Financial Center Manager Maria Johnson was unable to attend. OCTOBER 5, 2004 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Aziz Amiri, Diamond Bar Chamber of Commerce President, introduced incoming Executive Director Stephen Smith formerly with the Norwalk Chamber. Mr. Smith gave a brief introduction and assured Council that hewas fully committed to the community of D.B. and to its businesses and looked forward to a cooperative business-buildin g relationship with the City. Kathleen Newe, representing Friends of the Library, thanked the Council and residents for their support of literacy and support ofthe D.B. Library over the years. She invited everyone to parti cipate in the "Read Together Diamond Bar" program events during the month of October including the October 23 "Festival of Authors" event from 10:00 a.m. to 2:00 p.m. at the Diamond Bar Center. More than 50 authors will bepres ent to participate. The October 23rd event also includes "Make a Difference Day" from 1:00 p.m. to 2:00 p.m. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 YOUTH MASTERPLAN STAKEHOLDERS/STEERING COMMITTEE - October 7, 2004 - 7:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.2 PLANNING COMMISSION MEETING - October 12, 2004 - 7:00 p.m., Auditorium, AQMD/Governm ent Center, 21865 Copley Drive. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - October 14, 2004 - 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Drive. 5.4 CITY COUNCIL MEETING - October 19, 2004 - 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Drive. 5.5 YOUTH MASTER PLAN STEERING COMMITTEE MEETING - October 22, 2004 - 7:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded to approve the Consent Calendar with the exception of Item 6.6. Motion carried bythe following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Z irb es NOES: COUNCIL MEMBERS:None ABSENT: COUNCIL MEMBERS:None OCTOBER 5. 2004 PAGE 3 CITY COUNCIL 6.1 CITY COUNCIL MINUTES 6.1.1 Study Session of September 21, 2004 - Approved as su bmitted. 6.1.2 Regular Meeting of September 21, 2004 - Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES 6.1.1 Regular Meeting of August 24, 2004, 2004. 6.1.2 Regular Meeting of September 14, 2004. 6.3 RECEIVED AND FILED PARKSAND RECREATION COMMISSION MINUTES - Regular Meeting of August 26, 2004. 6.4 APPROVED WARRANT REGISTERS DATED SEPTEMBER 23, 2004 AND SEPTEMBER 30, 2004 FOR A TOTAL AMOUNT OF $458,381.20. 6.5 RECEIVED AND APPROVED TREASURER'S STATEMENT for the month of August 2004. 6.6 ADOPT RESOLUTION NO. 2004 -XX: SUPPORTING THE CALIFORNIA PERFORMANCE REVIEW WITH REGARD TO DEVOLVING THE SAN GABRIAL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY. (Item pulled from the Agenda) 6.7 APPROVED EXTENSION OF ON-CALL TRAFFIC ENGINEERING SERVICES FOR A PERIOD OF TWO YEARS, COMMENCING OCTOBER 17, 2004 WITH: (a) SASAKI TRANSPORTATION SERVICES - CONTRACT AMENDMENT NO. 1. (a) WARREN C. SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING - CONTRACT AMENDMENT NO. 9. 6.8 APPROVED EXTENSION OF SOILS AND GEOTECHNICAL ENGINEERING SERVICES CONTRACTS FOR A PERIOD OFTWO YEARS COMMENCINT OCTOBER 17, 2004 WITH: (a) KLEINFELDER INC. -AMENDMENT NO. 1 (b) ARROYO GEOTECHNICAL -AMENDMENT NO. 1. (c) LEIGHTON AND ASSOCIATES, INC. -AMENDMENT NO. 2. OCTOBER 5, 2004 PAGE 4 CITY COUNCIL 6.9 ADOPTED RESOLUTION NO. 2004-55: ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM DANTE M. SENESE, THE OWNER OF THE SOUTHWEST CABINET PROPERTY LOCATED AT THE NORTHEAST CORNER OF LEMON AVENUE AND LYCOMING STREET. 6.10 ADOPTED RESOLUTION NO. 2004-56: SUPPORTING CURRENT SHERIFF CONTRACT SERVICES COST MODEL AND URGING THE COUNTY BOARD OF SUPERVISORS TO COLLABORATE WITH ALL CITIES BEFORE AMENDING THE BASIC LEVEL OF COUNTYWIDE SHERIFF SERVICES. 6.11 APPROVED CONTRACT AMENDMENT NO. 2 WITH VALLEY CREST LANDSCAPE MAINTENANCE, INC. TO ADD THE MAINTENANCE OF LANDSCAPING AT THE DIAMOND BAR CENTER, SUMMITRIDGE PARK AND SUMMITRIDGE MINI -PARK IN THE AMOUNT OF $67,275 PLUS APPROVED $145,000 FOR LANDSCAPE IMPROVEMENT AT AND ADJACENT TO THE DIAMOND BAR CENTER FOR ATOTAL CONTRACT AMOUNT OF $333,511.26; PLUS ACONTINGENCY OF $20,000 FOR ATOTAL 2004/05 AUTHORIZATION OF $353,511.26 FOR VALLEY CREST LANDSCAPE MAINTENANCE, INC., AND THE APPROPRIATION OF $35,000 FROM LLAD NO. 39 RESERVES FOR IMPROVEMENTS AND ENHANCEMENT OF LANDSCAPE MAINTENANCE OF SUMMITRIDGE MINI -PARK. 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2004-57: ADOPTING THE NATURAL HAZARDS MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL DISASTER MITIGATION ACT OF2000 (PUBLIC LAW 106- 390) - DCM/DeStefano reported that the Natural Hazards Mitigation Plan was prepared in accordance with the federally mandated Robert E. Safford Act that included the Disaster Mitigation Act of 2000 requiring every local, county and state government to prepare and submit a Natural Hazards Mitigation Plan to the State Office of Emergency Preparedness and Federal Emergency Management Agency (FEMA) by November 1, 2004.The document is a plan to reduce the risks from natural hazards. In February 2004 the Council hired a consultant to prepare the plan; in May 2004 Council adopted a Resolution in support ofthe preparat ion ofthe plan. Council held two study sessions, one in May and one in September. It is Staff's recommendation that Council receive a presentation from Consultant Bingham, open the Public Hearing and adopt Resolution No. 2004-57. Consultant John Bingham explained that the plan anticipates and prepares the City for natural disasters because the Federal government is no longer willing to pay for repetitive disaster damage OCTOBER 5, 2004 PAGE 5 CITY COUNCIL or damage that could be easily averted by pre -event actions. The Disaster Mitigation Act of 2000 allows for funding for pre -disaster planning and post -disaster recovery. Failure to implement a plan could have a devastating impact on the City in the event of a natural disaster. If the agency did not submit plan by the November 2004 deadline, itwould have towait until November 2005 and would not be eligible for FEMA funding for any event occurring between the filing periods. In addition, the cost of any disaster recovery would be the sole burden of the City if the plan were not put in place. The plan takes into account critical and essential facilities such asschools, city hall, fire stations, daycare centers, senior centers, public utilities roads and bridges as well as facilities such as hospitals and other critical and essential facilities in the sphere of influence. This plan also identifies the City's vulnerabilities to hazards and outlines actions the City can take to mitigate or reduce the potential impacts of these disasters. Mr. Bingham stated that the requirements of the plan incorporate the following: a planning committee was formed with members made up of City staff from almost all departments including the City Manager's office, representatives from contracted local support agencies including the Sheriffs office, Fire Department, local utilities, local school districts and the Red Cross with special assistance from the Area D Emergency Managem ent Coordinator Brenda Honeymiller. Completion and implementation ofthe mitigation plan was the result of several months of intense work in order to meet the FEMA deadline. The natural hazards identified and associated riskswere rated asthey relate to earthquakes, floods, landslides, wildfires and windstorms. The committee met a total of 26 times to formulate goals and objectives contained in the body of the report and develop the mitigation action items and implementation plan. He explained how the identified hazards related to D.B. C/O'Connor asked ifthere was aseparate definition formanufactured homes and mobile homes (Page 118). DCM/DeStefano stated that both products are manufactured homes. One is permanently affixed to the ground (manufactured homes) and the other is stationary on blocks above the ground (mobile homes). In D.B. there are approximately 290 mobile homes. If appropriate atthe end of the Public Hearing staff should be given direction to clarify the paragraph on page 118 and add to the definitions. M/Zirbes opened the Public Hearing. With no testimony offered, M/Zirbes closed the Public Hearing OCTOBER 5, 2004 PAGE 6 CITY COUNCIL MPT/Herrera moved, C/Chang seconded to adopt Resolution No. 2004-58 adopting the Natural Hazards Mitigation Plan with clarification to the separate definition ofmanuf actured and mobile homes on Page 118 and in the glossary of the document. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Zirbes thanked Mr. Bingham for his work toward completing the plan. 8.1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION AND THE CITY OF DIAMOND BAR REGARDING ONSITE WASTEWATER TREATMENT SYSTEMS. CM/Lowry reported that thisitem isstaff's due diligence in response to another FEMA requirement for cities to enter into an agreement to systematically deal with wastewater treatment. This matter was brought to the attention of the City Council during the September 21, 2004 study session. Since that time PWD/Liu and his staff met with a number of the affected property owners to advise them about this issue. PWD/Liu reported that the California Regional Water Quality Control Board determined that septic tank systems are a source of water quality degradation. As such, the Board is looking to implement statewide regulations for these systems. To the best of staffs knowledge, all 144 septic tank systems reside within the southeastern portion of "The Country Estates." The Regional Board is proposing that local agencies enter into a Memorandum of Understanding (MOU) by October 8, 2004 that would place the responsibility for regulation solely on the cities for a period not to exceed five (5) years. If the City does not sign an MOU the Regional Board would have 120 days to undertake direct regulation of all septic tank systems within the City's jurisdiction with annual fees ranging from $800 to $1800 per residence exclusive of startup costs. If the City signs the MOU the City would regulate the septic tank owners. There is a 90 day get -out provision should the City choose to terminate the MOU. He outlined the City's requirements and stated that based on the requirements staff estimated an initial startup cost of $30,000 to $45,000 with an annual ongoing fee for monitoring and inspection services estimated OCTOBER 5, 2004 PAGE 7 CITY COUNCIL to be $400 to $900 per residence PWD/Liu said that upon direction from the City Council staff held an informational meeting on September 30. Of the 144 notices mailed more than 30 affected residents representing 27 properties attended the meeting. Based on the information and options provided by staff, participating residents reached an understanding to have "The Country Estates" Homeowners Association host its own discussion in order to gain a majority vote on how to proceed within 30 days from the September 30 meeting. Thus, a meeting was scheduled for October 20 at 7:00 p.m. PWD/Liu said Staff intends to continue the discourse with all affected residents until consensus is reached. Therefore, staff recommends that Council table the MOU to provide affected residents an opportunity to reach a consensus on how to deal with the upcoming State regulations and to allow them to explore the ultimate solutions/improv ements to their own sewage needs and demands. PWD/Liu stated that to date, only three cities in LA County have signed the MOU —Bradbury, Calabasas and Malibu cities that have very unique environmental challenges. There are atleast six(6) cities that have taken a position similarto D.B., either a no, orwait—and-see approach. These cities are Claremont, Downey, Laverne, Monrovia, Sierra Madre and Signal Hill. M/Zirbes invited public comment. Osman Wei, representing "The Country Estates" Homeowners Association, confirmed that all D.B. septic tanks were located in his community. Ten years ago the City offered to incorporat ethe affected properties into the City's sewer system. Unfortunately the septic tank owners voted against the proposal, and itappears that the consensus remains the same today. He said that many affected homeowners believed they were already on the City's sewer system. He felt this was a private issue between the affected homeowners and the Regional Water Board or the City and that the final solution would be to connect to the City's sewer system,a financial responsibility forthe Association. The 27 homeowners who attended the meeting felt they needed more time to study the matter with staffs assistance. He trusted the City Council to guide the affected residents in their effort. Shih-Ching Chang, said heis a hom eowner with a septic tank and an employee ofthe Water Company although heis representing himself and not his company. Of the three options hooking into the sewer system is the best choice. However, due to the high cost, he was not sure if the City and the homeowners could afford it. He wondered if the City would offer financing options similar to what it offered 10 OCTOBER 5, 2004 PAGE 8 CITY COUNCIL years ago CM/Lowry stated that there was a mechanism whereby the 144 property owners would create a district and bonding could be accomplished through majority vote to incur debt with retirement ofthe bond by annual assessment. This was the approach taken in 1994 that failed. PWD/Liu stated that the 1994 funding option incorporated a low bid cost estimate of $2.2 million with each parcel paying a one-time cost of $30,000 or the cost could be amor tized over 15 years at a rate of 6-7%. CA/Jenkins stated that since the adoption of Proposition 218 and the change in the way in which assessment districts were created the area that would be part of the assessment district would have to affirmatively vote by a majority vote in favor of creation of an assessment district. Typically, this is a grass roots effort. If the residents supported creation ofa district,the Citywould, ifso inclined, take steps to have an engineering report prepared that would establish how the sewer system would be constructed and what it would cost allowing for an updated financial proposal. If the assessment district passed the vote the financing could go forward and those individuals who wished to pay in a lump sum could do so. Those who wished to finance it over a period of 15-20 years, for instance, would have that option. Assessments would beimposed as a lien against the property and the homeowners would pay the annual fee as part of their property taxes. In the meantime, the City would hire a contractor and the sewer system would be constructed. MPT/Herrera agreed with Mr. Wei that the Council and residents needed more time to consider the options. Mr. Chang alluded to the City paying for the sewer system. MPT/Herrera asked who paid for sewer systems when other housing tracts were established? PWD/Liu responded that when tract maps are developed, the developers are required to fund and construct all necessary improvements including sewer system hookups. MPT/Herrera asked the same question about shopping centers and PWD/Liu responded that the owners of the center pay the cost of the sewer systems. PWD/Liu explained that most of the affected properties are in the older portion of "The Country Estates," and based upon certain constraints, they decided not to cons truct their own sewer lines 20, 30 and 40 years ago. The rest of the City is served by sewer systems and the affected homeowners have an opportunity to tap into the OCTOBER 5, 2004 PAGE 9 CITY COUNCIL current sewer system C/Chang suggested that staff assist the Board in getting a majority of the affected homeowners to participate in the October 20 meeting. He felt this problem needed to be resolved in a satisfactory manner and reminded the affected homeowners that ifthey chose to be regulated by either the City orthe Regional Board, itwould result in a band-aid approach to the problem because the homeowners would be paying good money after bad. Heurged the homeowners to consider creation of an assessment district and hook into the sewer system. CA/Jenkins responded to C/O'Connor that conceivably a private homeowner association like a level oper could privately finance the construction of sewer system and develop a contribution mechanism among its members. C/O'Connor was concerned about a speak eralluding to the fact that some residents were unaware that they were on a septic tank. Isthere a requirement that septic tanks have to be cleaned out or monitored on a regular basis? CA/Jenkins said that he was quite certain that every person who purchased a home with a septic tank had some type of notice that they were not connected to a sewer system since it is a standard notice that must be included in any and all sales transactions. M/Zirbes agreed with C/Chang. He said he was unaware of what prompted the City to dialogue with the 144 homes 10 years ago; but had they acted upon the City's recommendation atthat time, the debt would be close to retired. He feared that if the City took over there were too many unknowns until the investigation was completed. Ifthe City were to become the lead agency, it would potentially save the residents some of the annual fee. However, he felt it was smart to table the matter to allow staff and the homeowners to get a clearer picture ofthe overall concerns. Ifthe homeowners chose not to move forward with a permanent solution (sewer hookup), there would be annual fees upon annual fees without reaching a resolution of the matter. This is an issue that affects more than the 144 homeowners. As regulations tighten, it becomes more difficult to implement temporary solutions. C/Huff said that this was an un -funded mandate handed down by the California Regional Water Quality Control Board that was not the City's responsibility, but the residents' responsibility to cure, He believed that at a minimum "The Country Estates" Homeowners Association would likely serve as facilitators to help cut through the bureaucracy being imposed on them. OCTOBER 5, 2004 PAGE 10 CITY COUNCIL M/Zirbes moved, C/Huff seconded to table consideration ofthe MOU. Motion carried bythe following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cdoll],MIq&-ill*9191 TAILTAIr11:1 =1 :3 =11001:4&K91611111k,WIMLYiI=1 k4I*1 3%11TA11Td=Uk&3 C/Huff spoke about Proposition A forwarded by the Los Angeles County Sheriffs Department. Hesaid that in his opinion, this Citywould probably not benefit from the '/2 cent sales tax increase because, rather than foster economic development, increasing the sales tax could actually drive the revenue into other counties. Another problem was that there was no guarantee where the money would go. His understanding of the proposed proposition was that the City could not use the revenue for existing programs, but would have to implement new program s. D.B.'s crimehad declined over the past 10 years, and with a safe City he could not imagine having to come up with creative ways to spend the money. Asa result, hewould not support the proposition. He encouraged members of the public to educate themselves on issues to prepare for the upcoming November 2 election. C/O'Connor asked the public not to confuse Proposition Awith Proposition 1A, a proposition that was important for a "yes" vote. Proposition 1A is designed to protect local government's money from the State. She attended a Contract Cities conference last weekend with the main topic being water and water issues. One speaker talked about the drought tolerant plants and offered tips for saving water. Grants are awarded to cities that resort to such plantings, and she felt that it would be useful to seek a grant for the parks including Summitridge Park. She wished her daughter a very happy 21 st birthday on Friday October 8. M/Zirbes offered the Council's congratulations to C/O'Connor's daughter on the occasion of her 21 st birthday. C/Chang encouraged residents to get a copy of the Natural Hazard Mitigation Plan map and determine where their house was located so that they could prepare their homes and home sites accordingly to mitigate for potential natural hazards. MPT/Herrera reported that she recent lytoured the tributaries and waterways in the Sacramento area with the Metropolitan Water District. A significant percentage of the water is needed for agriculture. It is, in her opinion, incumbent upon all citizens to conserve water wherever possible and to conserve at the City level when and where possible. Here are a few tips: when you wash clothes and dishes, wash a full load and don't leave the water running when brushing your teeth. Another fact is that grass and turf OCTOBER 5, 2004 PAGE 11 CITY COUNCIL take the greatest amount of water. She suggested the City rethink how and what it plants in medians and how the watering is monitored. When the City replaces or repairs its irrigation systems it should consider other types of systems that do not over sp ray onto the streets. In addition to saving water it would likely result in less damage to the asphalt. She would like to have the City plant drought tolerant plants in medians as appropriate. Turf is also high maintenance. The City needs to think about conserving money, manpower and water where and when it can. M/Zirbes acknowledged the efforts and fine work ofthe Friends ofthe Library and supporting groups on the occasion of the September 26 5K Run. He encouraged the Friends of the Library to continue the community event. He congratulated Planning Commission Chairman Dan Nolan who came in second in the "older than Bob (Huff)" category. He thanked residents for participating in tonight's meeting and encouraged them to stay in touch with their Council Members with their questions, comments and concerns. 10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting at 8:26 p.m. back into Closed Session. /s/ LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this 19th day of October , 2004. /s/ BOB ZIRBES, MAYOR AGENDA # 6.2 NOTICE REGARDING THE WARRANT REGISTER Please note that the Warrant Register has not been included in the electronic versions of the City Council Agenda Packets on the City's Web Site because severe formatting errors occur when attempting to convert this material. If you are interested in receiving a copy of the Warrant Register, please contact the City Clerk's office at 909-839-7000 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.3 Meeting Date: October 19, 2004 AGENDA REPORT TITLE: Rejection of Claim — Filed by Claudia Avila — August 9, 2004 RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Claudia Avila. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $200.00. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On August 9, 2004, Claudia Avila filed a Claim for Damages with the City alleging that the sap from a City tree damaged her vehicle. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Counc il, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Asst. City Clerk REVIEWED BY: Deputy City Manager Agenda # 6.4 Meeting Date: October 19. 2004 CITY +COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Authorize the City Manager to purchase computer hardware from CDW, Inc. in an amount not to exceed $27,000 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to purchase computer hardware from CDW, Inc. in an amount not to exceed $27,000, replacing an earlier authorization with Hewlett Packard (HP). FINANCIAL SUMMARY: There are sufficient funds available in the FY 2004-05 budget for this expense. DISCUSSION: Earlier this fiscal year the City Counc it authorized the City Manager to purchase computer hardware such as network servers from HP. However, the recent merger of Compac and Hewlett Parkard has disrupted HP's ability to ship products in a timely fashion. HP is unable to deliver the servers that were scheduled for delivery several weeks ago, and atthis time HP is unable to even provide a future date when the products would be available. The City has an immediate need to replace aging servers and install new servers for the implementation of online services to the community. We have contacted CDW as an alternative to purchasing the servers directly from HP. CDW has agreed to provide the HP servers the City requires atthe same pricing available by purchasing through HP directly. However, because the purchase is in excess of the City Manager's spending authority of $25,000 this purchase requires City Council approval. If approved by Council, staff will cancel the pending order from HP and will place the order with CDW. PREPARED BY: David Doyle Deputy City Manager Agenda # _6.5 Meeting Date October 19, 2004 CITY C©UNCIL AGENDA REPORT ,�. TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve Execution of Consent To Assignment Of The Agreement for Traffic Signal Maintenance Services from Signal Maintenance, Inc. to Republic Electric. RECOMMENDATION: Approve and authorize the City Manager to execute the Consent to Assignment. FISCAL IMPACT: There would be no change to the existing routine monthly maintenance costs. Since July 2000, the routine maintenance costs per intersection remains at $42 per month. The costs for basic extraordinary maintenance and equipment costs will remain the same. And all extraordinary work must first be authorized by the City prior to installation. The labor rates for any tasks performed on a time and material basis would incur an increase due to prevailing wage rates. The current fiscal year budget of $150,000 is adequate to handle our maintenance needs and costs. BACKGROUND/DISCU SSION: In June 2000, Council awarded the traffic signal maintenance contract to Signal Maintenance, Inc. (SMI) for a five-year period beginning July 1, 2000 through June 30, 2005 with a provision for five (5) additional annual renewals. In a recent letter, dated September 9, 2004, the City was notified of the recent acquisition of SMI by Republic Electric (Republic) to be effective October 1, 2004 (see Attachment "A"). Staff has met with representatives from Republic regarding the acquisition of SMI and feel confident Republic is committed to providing traffic signal maintenance services that will meet our needs. Republic was founded in 1991 with offices in Anaheim, Los Angeles, Sacramento, San Francisco, Boston, and Dallas. Republic comes to Diamond Bar with extensive experience in traffic signal maintenance through experienced and qualified personnel. As an example, Republic uses more highly trained technicians to perform the signal maintenance. SMI was required to use Tech II repair persons per our Request for Proposals, Republic uses Tech III. Additiona Ily, all technicians report to the City in a bucket -equipped truck as well as extensive materials inventory. Less time is spent going back to the office to pick up the necessary supplies for maintenance n eed s. Republic also has personnel who have the ability to create plans and specs for projects that may be required for the traffic signals as general aging and/or collisions occur in the field. Staff will continue to monitor the extraordinary maintenance charges when presented and determine what services are necessa ry to maintain the traffic signals in optimum condition. Staff recommends that the Council approve the execution of the Consent to Assignment (Attachment "B") as a cost-effective means to remain within the FY 2004-05 budget. If the City were to go out with a new Request for Proposals (RFP) for traffic signal maintenance, all of the costs (rountine maintenance, extraordinary maintenance, equipment costs, and time and materials) would increase to rates at the current levels for 2004-05. The current contract expires on June 30, 2005. At that time, staff will consider the new rates submitted by Republic and will decide whether an RFP process is necessary orannual renewals will beoffered. Prepared By: Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu James DeStefano Director of Public Works Deputy City Manager Attachments: Attachment "A", Republic Electric Letter dated 9-9-04 Attachment "B", Consent to Assignment CITY OF DIAMOND BAR CONSENT TO ASSIGNMENT The City of Diamond Bar hereby consents to the assignment of the Agreement dated June 6, 2000 and entitled "Agreement For Traffic Signal Maintenance Services", from Signal Maintenance, Inc. to Republic Electric. Republic Electric shall, as of the date of its acquisition of Signal Maintenance, Inc., have all of the rights and bear all of the burdens and responsibilities of the Agreement as though a signatory thereto. City of Diamond Bar Linda C. Lowry, City Manager ATTEST: Linda C. Lowry, City Clerk Agenda # 6.6 Meeting Date. -October 19. 2004 CITY COUNCIL�� �� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT ON GRAND AVENUE AT SHOTGUN LANE AND AT SUMMITRIDGE DRIVE, BREA CANYON ROAD AT LYCOMING STREET AND GOLDEN SPRINGS DRIVE AT BALLENA DRIVE. RECOMMENDATION: Accept the project and file a Notice of Completion. FINANCIAL IMPACT: The preparation and filing of the Notice of Co mpletion has no fiscal impact on the City. BACKGROUND: On September 16, 2003, the City Council awarded a signal modification contract to Moore Electrical Contracting, Inc. (Moore Electrical) in the amount of $510,321.00. Additionally, the City Council authorized a Contin gency amount of $76,679.00 for contract change orders to be approved by the City Manager for a total not -to -exceed contract amount of $587,000.00. DISCUSSION: Moore Electrical has satisfactorily completed all work required as part of this contract in accordance with the plans and specifications approved by the City. Due to the condition of existing signals and field conditions, a total of four contract change orders in the amount of $73,574.12 were issued. The highlights ofcontract change orders consisted of: • Installing irrigation sleeves in medians in front of Diamond Bar Center • Installing temporary pole and foundation, and relocating existing signal pole • Relocating existing video camera, and installing advance loop detectors • Installing extinguishable message signs, and additional pavement and striping • Removing and replacing damaged portions of interconnect system on Golden Springs Drive The final contract amount including the change orders is $583,89 5.12. Moore Electrical has requested that the City accept the completed signal modification project. PREPARED BY: Fred Alamolhoda, Senior Engineer REVIEWED BY: David G. Liu, Director of Public Works Attachment: Noticeof Completion Date Prepared: October 12, 2004 James DeStefano, Deputy City Manager RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E. COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 E. Copley Drive 4. The nature of the interest or estate of the owner is; (Ifotherthan fee, strike "In fee" and insert, for example, "purchaser under contract ofpurchase," or `lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on October 12, 2004 . The work done was: Traffic Signal modification project on Grand Avenue at Shotgun Lane and at Summitridge, Brea Canyon Road at 1 ycoming Street and Golden Springs Drive at Ballem Drive. 7. The name of the contractor, if any, for such work of improvement was Moore Electrical Contracting, Inc. 3 September 16, 2003 (Ifno contractor forwork of improvement as a whole, insert `hone') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Intersections Grand Avenue at Shotgun Lane and at Summitridee, Brea Canyon Road at Lycoming Street and Golden Springs Drive at Ballena Drive. 9. The street address of said property is "N/A" Dated: Verification for Individual Owner (Ifno street address has been officially assigned, insert "none) CITY OF DIAMOND BAR Signature ofowner or ccrporateofficer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing (`resident of, "Manager of "A partner of,""Owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 , at Diamond Bar California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) 4 Agenda # 6.7 Meeting Date: October] 9. 2004 CITY +COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve Contract Amendment No. 2 with Advantec Consulting Engineers for the Design Of Traffic Signal Modifications (Left -turn Signals) on Diamond Bar Boulevard at Sunset Crossing Road, Northbound SR -57 On Ramp, and Cold Spring Lane; and Design of New Traffic Signal at the Intersection Of Diamond Bar Boulevard and Maple Hill Road in the Amount of $24,500, Plus a Contingency of $2,450 for a Total Authorization of $26,950; and Appropriate $7,000 of General Fund Fund Balance Reserve restricted from the previous Sale of Prop A Funds for the Design of the Traffic Signal at Diamond Bar Boulevard and Maple Hill Road. RECOMMENDATION: Approve contract amendment and appropriation FISCAL IMPACT: As expected, the Metropolitan Transportation Authority (MTA) approved Prop Cfunding for the traffic signal modification projects on Diamond Bar Boulevard at Sunset Crossing Road, Northbound SR -57 On Ra mp, and Cold Spring Lane. However, MTA did not approve Prop C funds for the installation of a signalized intersection at Diamond Bar Boulevard and Maple Hill Road. Appropriation of $7,000 from the previous sale of Prop A funds approved by City Council on October 21, 2003 is recommended to pay for the design of the signals. The Prop A swap was deposited in the General Fund last fiscal year and reserved for future traffic improvements. The $7,00 0 appropriation would therefore be made from the General Fund. In FY 2003-04, Advantec performed a traffic signal warrant study at nine (9) intersections and a left -tum warrant study for five (5) existing signalized intersections. Based on the warrant studies, three intersections were recommended for the 2004-05 CIP budget for left -turn modifications and one intersection was included for full signalization. The left -turn modifications are for the intersections of Diamond Bar Boulevard at Sunset Crossing Road, Northbound SR -57 On Ramp, and Cold Spring Lane. Diamond Bar Boulevard and Maple Hill Road has been designated for full signalization. As budgeted, all four projects were presented to the Metropolitan Transportation Authority (MTA) for funding with Prop C funds. The three left -turn modification projects received funding, however MTA will longer fund full intersection signalization projects. In order to fund the Diamond Bar Boulevard/M aple Hill Road design project, funds will need to be appropriated from the sale of Prop A funds. Staff will continue to work with MTA to determine if funds may be approved for the construction of the Diamond Bar Boulevard/Maple Hill Road traffic signals. Staff recommends that the City amend its contract with Adva ntec Consulting Engineers for the design of three left -turn traffic signal modifications and one signalized intersection. Prepared By: Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu James DeStefano Director of Public Works Deputy City Manager Attachments: Contract Amendment No. 2 for Advantec Consulting Engineers 2 AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 to the Agreement is made and entered into this 19th day of October, 2004, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide Consulting Services, which the Agreement was dated December 17, 2002. (ii) The CONSULTANT submitted a proposal, a full, true and correct copy ofwhich is attached hereto as Exhibit "C to provide consulting services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1 : Section 1.A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "C, dated October 7, 2004, for traffic signal design services." Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation . "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibit "C. Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty-four Thousand Five Hundred Dollars ($24,500)." Section 3: Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed bythe parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: ADVANTEC CONSULTING ENGINEERS By: City Attorney Bernard K. Li Vice President ATTEST: I7sII1114 CITY OF DIAMOND BAR Linda C. Lowry,City Clerk Bob Zirbes, Mayor Agenda # 6.8 Meeting Date: _October 19. 2004_ CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager AGENDA REPORT TITLE: ADOPTION OF RESOLUTION N0. 2004 -XX BY THE CITY COUNCIL APPROVING THE SUBMITTAL OF APPLICATION FOR GRANT FUNDS FOR THE INSTALLATION OF ARTIFICIAL TURF AT THE UPPER FIELD AT LORBEER MIDDLE SCHOOL FROM THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 (PROPOSITION 40). RECOMMENDATION: Adopt resolution FINANCIAL IMPACT: No impact on the general fund. If the City of Diamond Bar is awarded the grant, the project will be funded by the grant and Capital Improvement Funds budgeted for this p roj ect. BACKGROUND: At its May 18, 2004 meeting, the City Council adopted the final report of the Sports Complex Task Force. One of the short-term priorities identified is to improve the football fields at Lorbeer Middle School with artificial turf. Apossible source of funding included Proposition 40 Youth Soccer and Recreational Development Grant. The intent of the Youth Soccer and Recreational Development program is to provide financial assistance to local agencies and community—based organizations to foster the development of new youth soccer, baseball, softball, and basketball recreation opportunities in th estate. The artificial turf improvements at Lorbeer Middle School are an eligible project to co mpete for this grant funding. DISCUSSION: The City's contra cted grant writer, David Volz Design with assistance from Community Services Division staff, is preparing the grant application. Part of the application process includes adoption of resolution. The resolution approves the grant applicatio n and also certifies that the City will have available matching funds. Those agencies which provide matching contributions are awarded higher priority (points). The Task Force estimated the cost of this Lorbeer improvement project to be $1,710,000. This includes artificial turf improvements to both lower and upper fields, additional parking and ball field lights for the upper field. The grant application will seek the maximum grant award of $1,000,000. Therefore, additional funding or match in the amount of $710,000 is needed. Since $725,100 in Proposition A funding (L.A. County Safe Parks Act) is already included in the FY 04-05 budget for artificial turf on the lower field, this will serve as the matching funds for the grant request. Estimated Costs for Pr000sed Lorbeer Field Imorovements Ball Field Lights $ 300,000 Additional Parking 220,000 Artificial Turf (Footba II Field) 670,000 Artificial Turf (Upper Field) 520.000 Total $1.710.000 Grants exceeding $100,000 require at least 20 years of land tenure (lease agreement) and public recreation operation. Staff is currently in negotiation with Pomona Unified School District (PUSD) on an addendum to the existing agreement for use of facilities. The agreement will certify that the City has adequate tenure to, and site contro I of, area to be improved. The attached sample grant contract will also be included in the agreement with a provision that PUSD shall not use the property in violation of the terms of the grant agreement. The agreement will be presented to City Council for consideration at its November 2, 2004 meeting. ATTACHMENTS: 1) Resolution 2004 -XX 2) Sample Grant Contract PREPARED BY: Teresa A. Ilasin, Senior Management Analyst REVIEWED BY: Bob Rose Jim DeStefano Community Services Director Deputy City Manager RESOLUTION NO. 2004 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 For Artificial Turf Multi -Purpose Athletic Field at Lorbeer Middle School WHEREAS, the people of the State of California have enacted the CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, which provides funds to the State of California for grants to eligible Applicants; and WHEREAS, the California Departm ent of Parks and Recreation has been delegated the responsibility for the administration of the Youth Soccer and Recreation Development Program and the grant Project shown above within the State, setting up necessary procedures, and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Govern ing Body to certify by resolution the approval of the Application before submission of said Application to the State, and WHEREAS, the Applicant will enter into a Contract with the State of California for the Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Approves the filing of an Application for local assistance funds from the Youth Soccer and Recreation Development Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has orwill have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the Match in the amount of $710,000; 5. Certifies that the Project conforms to Diamond Bar Parks Master Plan, adopted March 17, 1998; and 6. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. PASSED, APPROVED AND ADOPTED this ________ day of_____________ __, 2004 BOB ZIRBES, MAYOR I, Linda C. Lowry, City Clerk of the City of Dia mond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the _________ day of____________ 2004, bythe following vote: AYES: COUNCIL MEMBERS: 100IN=u1:485 1:14:891 ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Youth Soccer and Recreation Development Program GRANTEE PROJECT TITLE PROJECT NUMBER AJ PROJECT PERFORMANCE PERIOD is from through Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the Project description, and the State of California, acting through its Director of Parks and Recreation, pursuant to the Youth Soccer and Recreation Development Grant Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the Project up to the total State Grant Amount indicated. PROJECT DESCRIPTION: ON Total State Grant Amount not to exceed $ Grantee By (Typed or Printed Narne of Authorized Representative) The General and Special Provisions attached are made a part ofand incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (Signature of Authorized Representative) ' By Title is ni Date „ .ate 11 mgE(2TIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNTOFESTIMATE$ CONTRACT NUMBER _FUND j __._.. ADJ. INCREASING ENCUMBRANCE$ .,.. APPROPRIATION , IJIr ADJ. DECREASING ENCUMBRANCE $ ITEM CALSTARS VENDORNUMBER UNENCUMBEREDBALANCE$ LINEITEMALLOTMEN'T CHAPTER STATUTE FISCAL YEAR ....................,.,.,.,..,..,..,..,..,..,..,..,..,..,,........,.,..,.,.,.,.,,.,.,.,,.,,.,,,.,,...,.,..,., T.B.A. NO. B.R NO. , PCA 3 OBJ. EXPEND , E I hereby certify upon my personal knowledge that budgeted funds are available for this encambranw. SIGNATURE OF ACCOUNTING OFFICER .......... ........................... I DATE . Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Act" asused herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislati onand/or Program. 3. The term "Acquisition"means to obtainfee title or a lesser interest in real property, specifically, conservation easement or conservation rights. Leases or rentals do not constituteAcquisition. 4. The term "Department" means the Cali forn ia Department ofParks andRecreation. 5. The term "Development' includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, protection, and interpretation using Bond Act funds. 6. The term "Grantee" as used herein means the parry described as the Grantee on page 1 of this Contract. The term "Project' as used herein means the Project described on page 1 of this Contract. 7. The term "State" as used herein means the State ofCalifomia Department of Parks and Recreation. B. Project Execution 1. Subject to the availability ofgrant monies in the Act, the State hereby grams to the Grantee a sum of money (grant monies) not to exceed the amount stated on page 1, in consideration of, and on condition that, the sum be expended in carrying out the purposes asset forth in the Description ofProject on page 1, and under the terms and conditionsset forth in this Contract. The Grantee shall assume any obligation to famish any additional funds that may be necessary to complete the Project. Any modificationor alteration in the Project as set forth in the Applicationon file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Proj ect in accordance withthe timeofProject Performance set forth on page 1, and under the terms and conditions ofthis Contract. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, Cali forni a Code of Reed ati ons, Section 15000 et. seq.) 4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individualswith disabilities. 5. The Grantee shall permitperiodic site visits, including a final inspectionuponProject completionby the State, to determine if Developmentwork is in accordance with the approved Proj ect Scope. 6. Prior to the commencement of any work, the Grantee agrees to submitany significant deviation from the original Proj ect Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writingby the State and must meet the exact need described in the original Proj ect Application. 7. Ifthe Project includes Acquisition ofreal property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisionsofthe enabling legislation and/or Program. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction ofthe State that the proposed Project will provide public benefits that are commensurate with the type and duration ofthe interest in land, as determined by the State, that is held by the Grantee. 10. The Grantee shall maintain and operate the property funded for aperiod that is commensurate with the type ofProject and the proportion ofState funds allocated to the capital costs ofthe Project. With the approval ofthe State, the Grantee, orthe Grantee's successor in interest in the property, may transfer the responsibilityto maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other di sposition ofthe property, except asauthorized by specific Act ofthe Legislature. The agreements specified in this section shall not prevent the transfer ofthe property from the Grantee to a public agency, ifthe successor public agency assumes the obligations imposed by those agreements. If the use ofthe property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of an amount equal to (1) the amount ofthe grant, (2) the fair market value ofthe real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall beused by the Grantee for apurpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property soldor otherwise disposed ofis less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition ofthe interest or the fair market value ofthe interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for apurpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for ause authorized by that category. 11. Lands or interests in land acquired with grant funds shall be acquired from awilling seller. Project Costs The Grant monies to be provided to the Grantee underthis Contract may be disbursed as follows: 1. Ifthe Project includes Acquisition ofreal property, the State may disburseto the Grantee thegrant monies as follows, butnot to exceed, in any event, the total State Gram Amount set forth on page 1 of this Contract: a Up to a 10% advance ofthe total State Grant Amount b. After the property is inescrow, the Grantee may request up to 80% ofthe total State Grant Amount as specified in the approved Application, or 100% ofthe actual Acquisitioncost, whichever is less. The Grantee shall immediatelyplace these funds in escrow. c. The remaining State grant funds shallbe paid up to the amount ofthe grantor the actual Project cost, whichever is less, on completion ofthe Project and receipt of a detailed summary ofProject costs from the Grantee. 2. Ifthe Proj ect includes Development, the State may disburseto the Grantee the grant monies as follows, but notto exceed in any event the total State Grant Amountset forth ofpage 1 ofthisContract: a. Up to a 10% advance ofthe total State Grant Amount. b. On proofofaward ofa construction Contract or commencement ofconstructionby force account, up to 80% ofthe total State Grant Amount,not to exceed 80% ofthe totaldollar amount of any or all awarded constructioncontracts. c. The remaining State grant funds shall be paid up to the amount ofthe grantor the actual Project cost, whicheveris less, on completionofthe Project and receipt ofa detailed summary ofProject costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submitwritten Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make property and facilities developed pursuant to this Contract available for inspectionupon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms ofthis Contract solely for the Project herein described. 4. Ifgrant monies are advanced, the Grantee shall place these monies in a separate interestbearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shallbe used on the Project, as approved by the State. If grant monies are advanced and not expended, the unused portion ofthe grant shall be returned to the State within 60 days ofcompletion oftheProject orend oftheProject Performance Period, whicheveris earlier. 5. The Grantee shall use income earned by the Grantee from use oftheProject to further Project purposes, or, ifapproved by the State, for relatedpurposes withinthe Grantee's jurisdiction. Project Termination 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. The Grantee may unilaterally rescind this Contract at any timepriorto the commencement ofthe Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writingbetween the Grantee and the State. 3. Failure by the Grantee to complywiththe terms ofthis Contract or any other Contract under the Act may be cause for suspensionofall obligationsofthe State hereunder. However, such failure shall notbe cause for the suspensionof all obligations ofthe State hereunder if in the judgment of the State such failure was due to no fault ofthe Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligiblefor reimbursementunder this Contract. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the Preservation, protection and net increase in the quantity and qualityofparks, public recreation facilities and/or historical resources available to the people ofthe State of Califomia and because such benefit exceeds to an immeasurableand unascertainable extent, the amountofmoney furnished by the State by way ofgrant monies under the provisions ofthis Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount ofthe grant monies disbursed underthis Contract by the State wouldbe inadequate compensationto the State forany breach by the Grantee ofthis Contract. The Grantee further agrees therefore, that the appropriate remedy in the event o a breach by the Grantee ofthis Contract shall be the specific performance ofthis Contract, unless otherwise agreed to by the State. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project conforms substantiallyto this Contract. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State includingthe right to contributionfor loss ordamage to persons or property arisingfrom, growing out ofor in any way connected with or incident to this Contract except claims arisingfrom the concurrent or sole negligence ofthe State, its officers, agents, and employees. 2. The Grantee shall indemnify,hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses orliabilitycosts arisingout ofthe Acquisition, Development, construction, operation or maintenance ofthe property described as the Project which claims, demands or causes ofaction arise under Government Code Section 895.2 or otherwise except for liabilityarising out ofthe concurrent or sole negligence ofthe State, its officers, agents, or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shall notifythe State of such fact and shallrepresent the State in the legal action unless the State undertakes to represent itselfas codefendant in such legal actionin which event the State shall bear its own litigationcosts, expenses, and attorney's fees. 4. The Grantee and the State agree that in the event of judgment entered againstthe State and the Grantee because ofthe concurrent negligenceof the State and the Grantee, theiroffrcers, agents, or employees, an apportionmentof liabilityto pay such judgment shallbe made by a court ofcompetent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify,hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liabilitycosts arising out of legal actionspursuant to itemsto which the Grantee has certified. The Grantee acknowledges that it is solely responsiblefor compliance withitems to which it has certified. G. Financial Records The Grantee shallmaintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or final payment. The Grantee and the State agree that duringregular office hours each ofthe parties hereto and their duly authorized representatives shallhave the rightto inspect and make copies of any books, records or reports ofthe other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activitiesunder this Contract. 2. The Grantee shalluse a generally accepted accounting system. H. UseofFacilities 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the State grant monies were requested and no other use of the area shall be permitted except by specific Act ofthe Legislature. 2. The Grantee shall maintain and operate the property developed for aperiod commensurate with the type ofProject and the proportion of State grant funds and local funds allocated to the capital costs ofthe Project, as determined by the State. Nondiscriminatiar 1. The Grantee shall not discriminate against any person on the basis ofsex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use ofany property or facility developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis ofresidence except to the extent those reasonable differences in admission orother fees may be maintained on the basis ofresidence and pursuant to law. 3. All facilities shall be open to members ofthe public generally, except as noted under the special provisions ofthis Project Contract or under provisions ofthe enabling legislation and/or Program. Application Incorporation The Applicationand any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability Ifany provision ofthis Contract or the Application thereof is held invalid, that invalidityshall not affect other provisions orApplications ofthe Contract which can be given effect without the invalid provision or Application, and to this end the provisions ofthis Contract are severable. AGENDA ITEM NO. 6.9 NO DOCUMENTATION AVAILABLE