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HomeMy WebLinkAbout9/20/2005THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. 51 10(2005) STUDY SESSION CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 20, 2005 5:00 p.m., Room CC -8 Next Resolution No. 2005 - Next Ordinance No. Neighborhood Traffic Management Program Sycamore Canyon Park ADA Retro -Fit Council Code of Ethics Public Comments CLOSED SESSION: 6:15 p.m., Room CC -8 Public Comments on Closed Session Agenda CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Receipt of Claims under Government Code Section 54956.9 (b): (1) Ayad (2) Finkbeiner (3) Murray (4) Saglime (5) Lopez CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Ab Kastle Diamond Canyon Christian Church ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SEPTEMBER 20, 2005 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tiles to: Outgoing Planning Commissioner Steven Tye; Outgoing Traffic and Transportation Commissioner Roland Morris; and, Outgoing Parks and Recreation Commissioner Marty Torres. 1.2 Proclaiming September, 2005 as "Hispanic Heritage Month". 1.3 Presentation of Certificate of Recognition to George Fullerton, Associate Principal of Diamond Ranch High School for winning two first Places at the U.S.A. World Martial Arts Championships in Las Vegas, NV. Video Presentation. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressina the Citv Council. 4. RESPONSE TO PUBLIC COMMENT: 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 PARKS AND RECREATION COMMISSION MEETING — September 22, 2005 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — September 27, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 DIAMOND BAR DAY AT THE L.A. COUNTY FAIR — September 29, 2005 — Pomona Fairgrounds. 5.4 PUBLIC SAFETY COMMITTEE MEETING — October 3, 2005 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.5 CITY COUNCIL MEETING — October 4, 2005 — 6:30 p.m., Auditorium, SEPTEMBER 20, 2005 PAGE 3 AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session Minutes of September 6, 2005 - Approve as submitted. 6.1.2 Regular Meeting of September 6, 2005 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of August 23, 2005 - Receive and File. 6.3 Traffic and Transportation Commission Minutes: 6.3.1 Regular Meeting of June 9, 2005 — Receive and File. 6.3.2 Special Meeting of August 4, 2005 - Receive and File. 6.3.3 Regular Meeting of August 11, 2005 — Receive and File. 6.4 Ratification of Check Register - Dated September 2, 2005 through September 153, 2005 totaling $1,331,796.07. 6.5 Authorization to Exceed City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Limited, in an Amount Not -to - Exceed $48,000 for the 2005/06 FY. Recommended Action: Approve. Requested by: Community Services Division 6.6 Approve Contract with Fairbank, Maslin, Maullin and Associates for a Cost Not -To -Exceed $26,800 to Conduct a Survey Determining Community Support to Pay for a New Library and Appropriate the Funds from General Fund Reserves for Said Contract. Recommended Action: Approve. Requested by: City Manager 6.7 (a) Approve Plans and Specifications and Award Construction Contract in the Amount of $388,000 to Sully -Miller Contracting Company; and Authorize a Contingency Amount of $38,800 for SEPTEMBER 20, 2005 PAGE 4 Contract Change Orders to be Approved by the City Manager, for a Total Authorization of $426,800 for Construction of North Walnut Drive Street Rehabilitation Project. Recommended Action: Approve and award. (b) Approve Contract Amendment No. 2 with GFB-Friedrich & Associates, Inc. for Construction Management/Inspection Services in an Amount Not to Exceed $23,200. Recommended Action: Approve. Requested by: Public Works Division 6.8 Adopt Resolution No. 2005 -XX: Approving the Application for Grant Funds from the California River Parkways Grant Program, Prop. 50 State Grant Funds for the Sycamore Canyon Park Trails Project. Recommended Action: Adopt. Requested by: Community Services Division 6.9 Adopt Resolution No. 2005 -XX: Approving the Application for Grant Funds from the Recreational Trails Program for the Sycamore Canyon Park Trails Project. Recommended Action: Adopt. Requested by: Community Services Division 6.10 Award of Contract to Purkiss Rose -RSI for Paul C. Grow Park Americans with Disability Act (ADA) Design in the Amount of $34,055, Plus a Contingency Amount of $945 for a Total Authorization of $35,000 Recommended Action: Award. Requested by: Community Services Division 6.11 Adopt Resolution No. 2005 -XX: Authorizing Continued Payment of Salary and Benefits for Certain Employees that Volunteer with the Red Cross to Assist with Hurricane Katrina Relief Efforts. Recommended Action: Adopt. Requested by: City Manager SEPTEMBER 20, 2005 PAGE 5 6.12 Award of Contract to Group Delta Consultants in the Amount Not to Exceed $69,910 for Civil Engineering and Geotechnical Services for Three Projects: 1) Design of Repairs for Storm Damaged Slopes at the Diamond Bar Center; 2) Design of Repairs for Storm Damaged Slopes at Gold Rush East of Diamond Bar Blvd; 3) Design of Trail Access Points at Steep Canyon/Clear Creek Canyon and Diamond Bar Center/ Summitridge Mini Park; and Appropriate $69,910 from General Fund Reserves to Fund this Project. Recommended Action: Award and Appropriate Funds. Requested by: Community Services Division 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: � ni.ti+fon �.u� S.M.A.R.T.S PROGRAM ' 1116, # CITY OF DIAMOND BAR Neighborhood Traffic Management Program r, Cyd" ta,,re F ITRAHIC dip CALMING = — 1 f ' —" AREA IW SMARTS: Solutions for Managing And Reducing Traffic on our Streets Table of Contents 1. What is The Neighborhood traffic Management Program (NTMP)? 1.1 Goal of the NTMP 1.2 Objectives of the NTMP 1.3 INTRODUCTION 1.4 The Neighborhood Traffic Management Planning Process 1.4.1 Getting Started 1.4.2 Evaluation 1.4.3 Approval 6 1.4.4 Implementation 8 2. The Toolbox 10 2.1 Toolbox Quick Reference Guide 10 2.2 The Tools in Detail 16 Appendix A - Developing and Conducting an Effective Community Outreach Program 40 Appendix B — Neighborhood Traffic Management Action Request Form 42 Appendix C NTMP Qualifying Criteria 43 1. What is The Neighborhood traffic Management Program (NTMP)? The NTMP is a relatively new approach to managing traffic in Diamond Bar's residential neighborhoods. This proactive and preventive program is intended to preserve the quality of life in Diamond Bar neighborhoods. The program's goal is to improve the livability of neighborhoods by empowering residents. Through the program, residents are provided with the educational and engineering tools necessary to implement strategic measures to modify driver behavior to help make local streets safer. As this manual shows, together with engineering staff, residents will develop an action plan to help manage traffic in their neighborhoods. The NTMP seeks creative, comprehensive and lasting solutions to traffic concerns by considering the neighborhood as a whole and involving residents in the decision making process. Depending on the issues and level of community involvement, it can take from six months to two years to develop and carry out an action plan. Afterward, residents are provided with recommendations for continued community-based efforts to ensure success. 1.1 Goal of the NTMP It is the goal of the City of Diamond Bar Neighborhood Traffic Management Program to improve the quality of life on residential streets within each neighborhood across the City. The Guiding Principals of Diamond Bar's NTMP Include: Education — Guided by Public Works staff, you and your neighbors will receive the information and tools necessary to make informed decisions regarding traffic concerns in your area. Engineering — Through this partnership, traffic management strategies will be implemented based on engineering principles ar Enforcement — Community -identified strategies will be supported by targeted police enforcement. Enhancement – All of the aforementioned principals will be given equal thought and consideration with the intent of making the streets in every neighborhood in Diamond Bar more livable. 1.2 Objectives of the NTMP The Objective of Diamond Bar's NTMP is: 1. To have a defined program for addressing neighborhood traffic management issues. 2. To improve driver behavior through education, enforcement, enhancement and engineering. 3. To work directly with the residents in the drafting of solutions to their neighborhood traffic management needs. 4. To reduce traffic speeds and traffic volumes on residential streets. 5. To enhance the quality of life for each person and the environment they live in. This manual can be used by a wide audience. Although intended primarily for transportation professionals, it is also intended that the manual be accessible to and used by elected officials and members of the community with an interest in, and an involvement with, traffic calming. 1.3 INTRODUCTION As the Southern California region continues to grow, residents have come to realize the streets they live along are under attack by traffic. Why is this? In some cases the problem is caused by regional traffic on the City's arterial roadways or nearby freeways. As traffic on these facilities increases, motorists look for ways to save time. To do this they may look for alternate routes through residential neighborhoods creating a cut -though traffic problem which can result in high travel speeds, excess travel volume and a decrease in safety on local residential streets. The natural strategy would be to fix the problem on these regional facilities. However, it may not always be practical or possible to do this. Some roadways cannot be improved because of the limitation of available right-of-way. Or perhaps the funds required to upgrade or enhance a specific facility are not available in the short-term if at all. In these cases the City must consider finding solutions elsewhere, the residential streets themselves. A recent trend in the Southern California area by a number of municipalities has been to turn to developing and implementing neighborhood traffic management programs. These programs are designed by their nature to enhance the quality of life for residents in their respective neighborhoods. This might include reducing the speeds of motorists on a particular street, or reducing the volume of traffic on another, or finding ways for those residents living near schools to cope with the rush of morning and afternoon pickup and drop off traffic. The perception of "the problem" will vary from person to person, street to street and neighborhood to neighborhood. There is of course, no simple answer to the problem. The solution which requires altering motorist and residents driving and travel behavior may involve a single street or the entire neighborhood. It requires careful planning, a willingness to change habits and the way we live and consensus building. Some traffic management measures are costly to implement not only in their construction costs, but in the manner in which they can change people's lives. They may be considered an unattractive addition to the neighborhood, or change peoples mobility patterns and travel times. It becomes a tradeoff between efficiency and effectiveness. The objective therefore, is to determine the best combination of measures that result in a net improvement, both real and perceived, in the quality of life at the most reasonable cost. This handbook has been designed to assist Diamond Bar's transportation professionals, elected officials and the community at large to effectively address and implement neighborhood traffic management problems. The handbook includes a step by step process to follow, a process checklist, an overview of the types of neighborhood traffic management tools to consider for different types of problems, and a summary of the tools themselves. 1.4 The Neighborhood Traffic Management Planning Process The Diamond Bar Neighborhood Traffic Management Planning Process is illustrated in Figure 1. The Figure shows the four basic stages spread out over a six to twelve month period. 1. Assess Need Public Awareness Document Problems Speed Volume Pedestrian Safety Stakeholders Group Figure 1 Traffic Calming Program Overview Of Process 2. Planning & Engineering Tools to be Used Petition Process Eligible Roadways Priority Setting 3. Approval Process Prepare Final Plans Responsible Agency Approval Construction Schedule SUCCESSFUL PROGRAM 4. Implement the Plan Funding Construction (Temporary or Permanent) Evaluation Conclusion 1.4.1 Getting Started The first step in the process entails assessing the need. In this step staff will work with the residents within each district and unique neighborhood to develop public awareness of the problem, document the issues and meet with the stakeholders. This will include the following: • The City receives a request to mitigate a traffic concern. • A brochure will be sent out to the affected residents which outline the NTMP process. Figure 2 illustrates the NTMP district boundaries. • A meeting for the residents along the affected street will be held to discuss their concerns and gather first-hand information. • Staff will develop a proposed action plan after data on the affected street(s) is collected and field observations have been performed. • Data will be collected to assist in the analysis of the problem. Depending on the problem, this may include traffic volumes, vehicular speeds, or simple visual observation by staff. • The residents will then be invited to a second meeting to discuss the proposed action plan. 1.4.2 Evaluation The second step is the evaluation phase where staff will perform a variety of planning and engineering analyses to solve the problem at hand. This step will include the following: • At the second meeting, the results of the data collection and field observation process will be presented. • Staff will also present a preliminary list of tools and strategies for residents to consider. The tools will be carefully selected to address their specific problems. • The most cost effective tools will be identified. • If necessary, other affected agencies will be contacted for review and approval of the plan. This might include the fire department or the sheriff. • A conceptual plan will be prepared for residents to consider. The conceptual plan will identify the tools being considered and potential areas for implementation. • Residents attending the meeting will be informed of the requirement of a 67% majority consensus of the residents living along the affected street. • A survey packet will then be mailed to the residents of the affected street in order to obtain a 67% majority consensus. 1.4.3 Approval The third step is the approval process. In this step • If a mailing from the City to the affected residents does not accumulate a majority consensus, then the original resident(s) requesting the improvements will be required to obtain the consensus through a petition process *. • The proposed action plan will be submitted to the Traffic and Transportation Commission for review and forwarded to City Council for approval. • Improvements will only be installed with a majority consensus from the residents. Figure 2 District Boundaries • When consensus has been reached, staff will proceed with the preparation of engineering plans. These plans will identify the location of each tool that is being implanted. • Residents will be notified of the anticipated construction and implementation schedule. * If the original resident(s) requesting the improvements is unable to obtain a 67% majority consensus through the petition process, the resident(s) may appeal his request to the Traffic and Transportation Commission and ultimately the City Council. 1.4.4 Implementation The final phase of an effective process is the actual implementation of a program. Throughout the process, neighborhoods should be aware of funding challenges and disruptions from construction. To the extent possible, construction mitigation measures should be a component of the implementation plan — as well as community outreach during construction. This step also includes a post implementation evaluation of the program. Steps will include: • After being in place for about 6 months, Public Works staff will conduct "after" study to evaluate effectiveness of Phase 1 actions. Results will be distributed to neighborhood action committee to determine whether follow-up action is desired (temporary installations made permanent or additional measures implemented). • If requested, staff will schedule and notify neighborhood of meeting to discuss possible further actions. Based on actions requested at the meeting, appropriate petition forms will be submitted by neighborhood. Public Works staff will coordinate interagency review including the Los Angeles County Sheriff and Los Angles County Fire Department. • Approved actions will be scheduled for installation pending necessary funding • Public Works staff will conduct "after" study to assess effectiveness of the NTMP. This may include collecting traffic volume or speed data or making visual observations of the improvements. • If, after 6 months, residents elect to have permanently installed devices removed, Public Works will consider removal of any or all devices upon receipt of petition representing 67% of the NTMP neighborhood. Table 1 includes the NTMP process checklist that includes key elements, critical dates and space for comments and notes. The checklist will help keep track of each step of the process, ensuring that each major task is completed as required and scheduled. Table 1 — Diamond Bar NTMP Process Checklist NTMP Process Checklist Process Element Critical Dates Staff Comments Citizen Complaint or Concern Identified F i Petition Distributed to Neighborhood e I Petition Received from Residents d Petition Verified R e Neighborhood Meeting #1 V i e W Field Review E V Data Collection a I Preliminary Analysis u Design a t i Neighborhood Meeting #2 o Prepare Final Plan n City Council Review A p Other City internal Review P R Other Agency Review O V A L I Conduct Temporary Construction M Post Construction Evaluation P L Follow-up E M E N T 2. The Toolbox 2.1 Toolbox Quick Reference Guide This section of the Diamond Bar NTMP Handbook provides information to assist staff and elected officials with screening and selecting appropriate traffic management measures to address specific problems and conditions. Table 2 summarizes all practical toolbox measures available to the City of Diamond Bar. Each measure is ranked based on its effectiveness in speed reduction, volume reduction, and pedestrian safety and vehicle collision reduction. Each tool ranking is numbered and colored by category. For example Red = High =1, whereas Blue = Low = 5. Those tools colored with grayscale have not been evaluated or found to be effective for that particular measure. Staff should also be aware of the level of restrictiveness of each measure when developing the program. Table 2 ranks all toolbox measures from a low level of restriction to a high level of restriction. Table 2 — Assessment of Available Toolbox Measures Effectivess of Traffic Calming Tools Based on Published Sources. Toolbox Item Level of Restrictiveness Speed Reduction Effectiveness Ranking Volume Reduction Effectiveness Ranking Pedestrian Safety Effectiveness Ranking Vehicle Collision Reduction Ranking Stop Signs Low N/A N/A Enforcement Visible & Active Police Presence Low N/A N/A One -Way Streets and Signs Low N/A Turn Restriction Signs Low N/A N/A Turn Prohibition Signs Low N/A Radar Trailer Low 3 N/A N/A Speed Alert with Warning Low 3 N/A N/A Neighborhood Traffic Safety Campaign Education Low N/A Raised Crosswalk Y h x lane width Some 3 3 N/A Speed Cushions Some 3 N/A N/A Speed Hums 2-5/8" x 12' Some 3 N/A S eedTables Some 3 N/A Raised Intersections Some N/A N/A Textured Pavement Some 3 3 N/A N/A Center Island Narrowing Some N/A Chicanes Moderate N/A Chokers/Slow Points Moderate N/A One -Way Entry/Exit Chokers, Half Closures, Semi Diverters Moderate N/A Bulb -outs Moderate 3 3 3 Median Barriers Moderate N/A Curb Extensions (Entry, Exit, Mid -Block Moderate N/A N/A Full Closures, Cul-de Sacs Hi h N/A Full/Diagonal Diverters High t*3 N/A Forced Turn Islands, Barriers, Channelization High N/A Traffic Circles High Legend Ranking Color Codes and Numbers High Effectiveness Moderate Effectiveness Average Effectiveness Minimal Effectiveness Low to Zero Effectiveness No Data Available 3 N/A In order to simplify the NTMP development process, the measures identified in Table 2 have been individually summarized in their own respective tables. Staff should use the four summary tables to determine which tools to apply. The summary tables appear as follows: Table 3 — Tools to Address Speeding Table 4 — Tools to Address Traffic Volume Table 5 — Tools to Address Pedestrian Safety Table 6 — Tools to Address Reducing Vehicle Collisions Table 3 - Tools to Address Speeding Tools to Address TRAFFIC SPEED Based on Published Sources. Toolbox Item Level of Restrictiveness Speed Reduction Effectiveness Ranking Enforcement (Visible & Active Police Presence) Radar Trailer Speed Alert with Warning Neighborhood Traffic Safety Campaign (Education) Raised Crosswalk (3" h x lane width) Speed Cushions Speed Humps (2-5/8" x 12') 22' Tables Raised Intersections Textured Pavement Center Island Narrowing Chicanes Chokers/Slow Points One -Way Entry/Exit Chokers, Half Closures, Semi Diverters Traffic Circles Bulb -outs Full Closures, Cul-de Sacs Full/Diagonal Diverters Forced Turn Islands, Barriers, Channelization Low 2 Low 3 Low 3 Low Some Some Some Some Some Some 3 Some 4 Moderate Moderate Moderate Moderate Moderate 3 High 1 High 2 High 2 Legend Ranking Color Codes and Numbers High Effectiveness Moderate Effectiveness 2 Average Effectiveness 3 Minimal Effectiveness 4 Low to Zero Effectiveness No Data Available N/A Table 4 Tools to Address TRAFFIC VOLUMES Based on Published Sources. Toolbox Item Level of Restrictiveness Volume Reduction Effectiveness Ranking One -Way Streets and Signs Turn Restriction Signs Turn Prohibition Signs Raised Crosswalk (3" h x lane width) Speed Cushions Speed Humps (2-5/8" x 12') 22' Tables Raised Intersections Textured Pavement Center Island Narrowing Chicanes Chokers/Slow Points One -Way Entry/Exit Chokers, Half Closures, Semi Diverters Bulb -outs Median Barriers Curb Extensions (Entry, Exit, Mid -Block) Full Closures, Cul-de Sacs Full/Diagonal Diverters Forced Turn Islands, Barriers, Channelization Traffic Circles Low Low Low Some 3 Some 3 Some 3 Some 3 Some Some 3 Some Moderate Moderate Moderate Moderate 3 Moderate Moderate High High High High 3 Legend Ranking Color Codes and Numbers High Effectiveness Moderate Effectiveness 2 Average Effectiveness 3 Minimal Effectiveness 4 Low to Zero Effectiveness No Data Available N/A Table 5 Tools to Address PEDESTRIAN SAFETY Based on Published Sources. Toolbox Item Level of Restrictiveness Pedestrian Safety Effectiveness Ranking Enforcement (Visible & Active Police Presence) Radar Trailer Speed Alert with Warning Neighborhood Traffic Safety Campaign (Education) Raised Crosswalk (3" h x lane width) Speed Cushions Speed Humps (2-5/8" x 12') 22' Tables Raised Intersections Textured Pavement Center Island Narrowing Stop Signs Turn Restriction Signs Chicanes Chokers/Slow Points One -Way Entry/Exit Chokers, Half Closures, Semi Diverters Bulb -outs Median Barriers Curb Extensions (Entry, Exit, Mid -Block) Turn Prohibition Signs Full Closures, Cul-de Sacs Full/Diagonal Diverters Forced Turn Islands, Barriers, Channelization Traffic Circles Low N/A Low N/A Low N/A Low 4 Some 3 Some N/A Some N/A Some N/A Some N/A Some N/A Some N/A Moderate N/A Moderate N/A Moderate N/A Moderate Moderate N/A Moderate 3 Moderate N/A Moderate N/A High N/A High N/A High N/A High N/A High Legend Ranking Color Codes and Numbers High Effectiveness Moderate Effectiveness 2 Average Effectiveness 3 Minimal Effectiveness Low to Zero Effectiveness No Data Available N/A04 Table 6 Tools to Address REDUCING VEHICLE COLLISIONS Based on Published Sources. Toolbox Item Level of Restrictiveness Vehicle Collision Reduction Ranking Enforcement (Visible & Active Police Presence) One -Way Streets and Signs Radar Trailer Speed Alert with Warning Neighborhood Traffic Safety Campaign (Education) Raised Crosswalk (Y h x lane width) Speed Cushions Speed Humps (2-5/8" x 12') 22' Tables Raised Intersections Center Island Narrowing Stop Signs Turn Restriction Signs Chicanes Chokers/Slow Points One -Way Entry/Exit Chokers, Half Closures, Semi Diverters Bulb -outs Median Barriers Curb Extensions (Entry, Exit, Mid -Block) Turn Prohibition Signs Full Closures, Cul-de Sacs Full/Diagonal Diverters Forced Turn Islands, Barriers, Channelization Traffic Circles Low N/A Low Low N/A Low N/A Low N/A Some N/A Some N/A Some Some Some N/A Some Moderate N/A Moderate N/A Moderate Moderate N/A Moderate Moderate Moderate Moderate N/A High High High High High Legend Ranking Color Codes and Numbers High Effectiveness Moderate Effectiveness 2 Average Effectiveness 3 Minimal Effectiveness 4 Low to Zero Effectiveness No Data Available N/A 2.2 The Tools in Detail The following pages describe some of the most common tools available for traffic calming applications. Example photos of temporary (where applicable) and permanent versions of the tool are shown, along with diagrams and general pros and cons of the tool in question. The descriptions are not intended to be definitive since different agencies throughout the country use various standards for the same tool. However, they can be used as a guideline as to which measures might be applicable in a given situation. These are one of the most widely used traffic calming devices Bulbouts Temporary Description R This tool affects: Cut-jU2wh traff Cost: $2,000+ Restrictiveness = Low Effectiveness = Moderate Permanent These tools are sometimes called neck -downs, knuckles, intersection narrowing, corner bulges or safe crosses. They are extensions to the curb in the vicinity of intersections which result in a reduction in the width of the roadway at that point. This results in reduced traffic speeds and a greater "awareness" of the intersection and pedestrians. The narrower curb to curb distance is considered beneficial to pedestrians. Turning traffic speeds are often reduced by the extensions, which increases safety for pedestrians. The bulbouts themselves can be landscaped to enhance the overall appearance of a neighborhood street. Temporary versions can be installed initially to gauge their effectiveness. These are usually defined by portable concrete delineators. n Pros 1. Creates more pedestrian safe intersection 2. Pedestrian crossing distances are reduced 3. Vehicle turning speeds are reduced 4. Common calming tool. Ge era Co me is Cons 1. Can be expensive if they are landscaped. 2. May affect large vehicle turning. 3. Maintenance is needed if landscaped. 4. May interfere with drainage. Will this tool reduce speeds? Possible Will they divert traffic elsewhere? Possible Will there be a safety improvement? Yes Affects on trucks? Tight radii What Streets can we use them on? Local/Collector Do they need enforcement? No Can we use them on a Bus Route? Yes Can they be landscaped? Yes Can we use with Curbs and Gutters Yes Are they popular? Yes Is it a Spot or Area -wide tool Spot Are they expensive? Moderate Can be used Center Island Narrowing This tool affects: with or without crosswalk Temporary Description Cut-Throu�traffic Cost: Varies - 8-15K Restrictiveness = Low Effectiveness = High Permanent Median islands are used to narrow roadways. This results in reduced traffic speeds at the narrowed segments and can discourage cut -through traffic. The medians can be landscaped and can also be integrated with crosswalks for additional pedestrian protection. Care should be taken to avoid impeding residential driveways. They can also be used to restrict turns in and out of side streets. They can be tested initially with temporary versions to gauge neighborhood response. On narrower streets parking may need to be restricted adjacent to the medians. Cyclists can be placed nearer to faster moving car traffic. They can effectively be used on curved roadways to reduce speeds. Shorter islands are more effective at reducing speeds. n m Pros 1. Usually reduce traffic speeds. 2. Can be landscaped. 3. May improve pedestrian safety. 4. Can be combined with crosswalks. 5. Can be used to restrict turns. 6. Can be an excellent "Gateway" feature Ge era Co me Cons 1. May adversely affect cyclists. 2. Expensive to introduce. 3. Can be expensive to maintain if landscaped. 4. May result in reduced parking. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible Affects on trucks? No Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? Yes Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Moderate Is it a Spot or Area -wide tool Spot n I The curving travel path results in slower vehicle speeds Chicanes how Temporary Description This tool affects: Cut -Through traffic Cost: $6-14K (ITE 98) Restrictiveness = Moderate Effectiveness = High Permanent with Median Chicanes are also called deviations, serpentines, reversing curves, twists, and staggerings. They are curb extensions or islands that alternate from one side of the street to the other, forming S-shaped curves. They are used in mid -block locations on residential streets where speeding or cut-thru traffic is an issue. Ideally the traffic volumes in each direction will be of a similar level. They may include three or more alternating curb extensions. "European manuals recommend shifts in alignment of at least one lane width, deflection angles of at least 45 degrees, and center islands to prevent drivers from taking a straight "racing line" through the feature." (Source www.ite.org) Pros 1. Reduces traffic speeds and volumes. 2. No enforcement needed. 3. They can be landscaped. 4. They can help define entries to neighborhoods. Will this tool reduce speeds? Yes Will there be a safety improvement? Yes Ge era Co mments What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Possible Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Both Cons 1. Need to be designed to avoid centerline encroachment. 2. Parking may be affected. 3. Cyclists may be affected. 4. Emergency response time may be slowed. 5. Potential head-on collisions. Will they divert traffic elsewhere? Possible Affects on trucks? Unknown Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Unknown Moderate n Localized road narrowing can deter high speed and cut - through traffic. Chokers — Mid Block N/A Temporary Description This tool affects: Cut -Through traffic Cost: $7-10K (ITE 97) Restrictiveness = Moderate Effectiveness = High Permanent These are also called Slow Points. These are similar to bulges except two are placed opposite each other in a mid -block location. The result is a localized narrowing of the street. A pedestrian crossing can also be added across the narrowed area if desired. Such pedestrian crossings are sometimes referred to as Safe Crosses. The narrower travel way results in slower speeds and some deterrence of cut -through traffic. On -street parking spaces will be lost where the chokers are installed. Pros 1. Reduces traffic speeds and volumes. 2. No enforcement needed. 3. They can be landscaped. 4. They can help define entries to neighborhoods. 5. Not too expensive. Will this tool reduce speeds? Yes Will there be a safety improvement? Yes Ge era Co mments What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Possible Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Cons 1. Need to be designed to avoid centerline encroachment. 2. On -Street parking may be affected. 3. Cyclists may be affected. 4. Landscaping must be maintained. 5. May impact drainage patterns. Will they divert traffic elsewhere? Possible Affects on trucks? Unknown Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Unknown Low Cost Enforcement is always a temporary measure — it is effective when police are present Temporary Enforcement WATCH YOUR SPEED 10 04 WE DO Description ?-rF'AKA This tool affects: Cut -Through traffic Cost: Variable Restrictiveness = Low Effectiveness = High N/A Permanent Enforcement involves having police on specific streets or intersections clearly monitoring speeds or traffic activity. They may also be using radar guns and may be actively ticketing speeding drivers. The idea of this activity is to deter and prevent unacceptable driver activity. This is a medium to high cost tool due to allocation of police resources to the activity. Once the police have left the location in question, driver behavior often reverts back to the unacceptable activity quite quickly. The effectiveness is relatively temporary but can be used to draw attention to a problem prior to or after public meetings about proposed neighborhood traffic management programs. it m Pros 1. Effective for short-term enforcement of traffic laws. 2. Can draw attention to problems. 3. Can be used when new tools are installed. Ge era Co me Cons 1. Short-term effectiveness only — when police are present. 2. Quite expensive to undertake over larger areas or multiple days. Will this tool reduce traffic volumes? Unknown Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Unlikely Will there be a safety improvement? Possible Affects on trucks? None Do they need enforcement? Yes What Streets can we use them on? Local/Collector Can they be landscaped? N/A Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Moderate Is it a Spot or Area -wide tool Spot n I Some movements may be prevented — others are encouraged. N/A Temporary Forced Turn Islands Movements are prevented U Description This tool affects: Cut -Through traffic Pedestrian Safe u— Cost: $5k -$25k Restrictiveness = High Effectiveness = High Permanent These are traffic islands or extensions to the curbs which are designed to force traffic to make certain movements or turns at an intersection. They are sometimes referred to as Channelization Islands, Pork Chops or Right -Turn Islands. They can have similar effects as Half Closures or Semi-Diverters. Because they force traffic into specific movements, it is necessary to consider the effect the traffic may then have on nearby streets and arterials. Traffic problems can be moved from one location to another. Pedestrians gain an island refuge. Residential access may also be adversely affected because some turns onto certain streets may be prevented. Therefore coordination with neighborhood residents is essential before these tools are considered. Pros 1. Reduces traffic volumes. 2. Can prevent cut -through traffic. 3. No enforcement needed. 4. They can be landscaped. 5. Not too expensive. Will this tool reduce traffic volumes? Yes Will this tool reduce speeds? Sometimes Will there be a safety improvement? Possible What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Check Service Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. Access routes to properties can be affected. 2. May increase emergency response times. 3. Affect on transit must be considered. 4. Bike traffic should be considered Any emergency vehicle impact? Yes Will they divert traffic elsewhere? Yes Affects on trucks? Diversion Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Yes Low Cost Closure of street will eliminate cut -through traffic but may shift problems elsewhere. N/A Temporary Full Closures — Cul -de -Sacs 10 Description This tool affects: Cut -Through traffic Cost: Up to $30K Restrictiveness = High Effectiveness = High Permanent Full closures or Cul -de -Sacs close one end of a street — usually at an intersection. This is a very restrictive measure because travel patterns are permanently changed. They are effective at eliminating cut -through traffic on the street in question but care must be taken in evaluating where the traffic will divert to. The problems may be transferred to adjacent streets. Thus this measure should not be used in isolation. In addition, the neighborhood residents must be included in the decision making process for a full -closure because some residents will find access routes to their properties has changed significantly. Emergency response times can be adversely affected. Landscaping is possible. n m Pros 1. Considerably reduces traffic volumes. 2. Eliminates cut -through traffic. 3. No enforcement needed. 4. Not too expensive to introduce. 5. Improves safety for pedestrians. 6. They can be landscaped. Will this tool reduce traffic volumes? Yes Will this tool reduce speeds? Yes Will there be a safety improvement? Possible What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Check Service Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. Access routes to properties will be affected. 2. May increase emergency response times. 3. Affect on transit must be considered. 4. Problems can be diverted elsewhere. Any emergency vehicle impact? Yes Will they divert traffic elsewhere? Yes Affects on trucks? Diversion Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Yes Low Cost Very effective tool for modifying driver routes but has impacts on residents also. Gaps can be left for pedestrians and bikes Full / Diagonal Diverters Can be implemented with temporary bollards or barriers Temporary Description This tool affects: Cut -Through traffic Cost: Up to $35K Restrictiveness = High Effectiveness = High Permanent source: http://www.trafficcal m i ng.org/) Full or Diagonal diverters create a barrier between one corner of an intersection to the diagonally opposite corner. They effectively prohibit some turns and all through movements at an intersection. They are used to forcibly modify traffic movements on selected streets. Gaps in the barrier can be introduced to allow pedestrians or bikes to cross. These tools, though highly effective, should be used with care because neighborhood residents will also be significantly affected by the barrier. Access routes to properties may become difficult. Emergency vehicle access is also significantly affected. Pros 1. Eliminates certain traffic movements. 2. Eliminates cut -through traffic. 3. No enforcement needed. 4. Improves safety for pedestrians. 5. They can be landscaped. m Will this tool reduce traffic volumes? Yes Will this tool reduce speeds? Yes Will there be a safety improvement? Yes What Streets can we use them on? Local/Collector Can we use them on a Bus Route? No Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. Access routes to properties will be affected for some residents. 2. Emergency response times will be affected. 3. Affect on transit must be considered. 4. Problems can be diverted elsewhere. Any emergency vehicle impact? Yes Will they divert traffic elsewhere? Yes Affects on trucks? Yes Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? No Moderate Half closures and semi diverters physically prevent certain movements for all road users. N/A Temporary Half Closures — Semi �... •j ..................... ` Description This tool affects: Cut-Th"rou�ic Cost: Up to $35K Restrictiveness = High Effectiveness = High Permanent Half Closures or semi-diverters are raised extensions from the curb or islands — which usually extend from a corner of an intersection to block one lane of the street. In this way they effectively present drivers with a physical barrier to certain movements or turns usually at an intersection. Half Closures will stop all traffic moves to adjacent streets where a new problem can be created. Half Closures are nevertheless very effective in reducing traffic volumes at specific locations and for specific movements. It should be noted that Half Closures will affect all drivers, including local residents. Neighborhoods should be canvassed to determine if they are willing to accept this inconvenience. Pros 1. Will reduce certain traffic volumes. 2. Can help eliminate cut -through traffic. 3. No enforcement needed. 4. May improve safety for pedestrians. 5. They can be landscaped. m Will this tool reduce traffic volumes? Yes Will this tool reduce speeds? Yes Will there be a safety improvement? Possible What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Check Service Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. Access routes to certain properties may be affected. 2. May increase emergency response times. 3. Affect on transit must be considered. 4. Problems can be diverted elsewhere. Any emergency vehicle impact? Yes Will they divert traffic elsewhere? Yes Affects on trucks? Diversion Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Yes Yes I' e Description This tool affects: Cut-Th"rou�ic Cost: Up to $35K Restrictiveness = High Effectiveness = High Permanent Half Closures or semi-diverters are raised extensions from the curb or islands — which usually extend from a corner of an intersection to block one lane of the street. In this way they effectively present drivers with a physical barrier to certain movements or turns usually at an intersection. Half Closures will stop all traffic moves to adjacent streets where a new problem can be created. Half Closures are nevertheless very effective in reducing traffic volumes at specific locations and for specific movements. It should be noted that Half Closures will affect all drivers, including local residents. Neighborhoods should be canvassed to determine if they are willing to accept this inconvenience. Pros 1. Will reduce certain traffic volumes. 2. Can help eliminate cut -through traffic. 3. No enforcement needed. 4. May improve safety for pedestrians. 5. They can be landscaped. m Will this tool reduce traffic volumes? Yes Will this tool reduce speeds? Yes Will there be a safety improvement? Possible What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Check Service Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. Access routes to certain properties may be affected. 2. May increase emergency response times. 3. Affect on transit must be considered. 4. Problems can be diverted elsewhere. Any emergency vehicle impact? Yes Will they divert traffic elsewhere? Yes Affects on trucks? Diversion Do they need enforcement? No Can they be landscaped? Yes Are they popular? Are they expensive? Yes Yes Best if used with a comprehensive calming program Neighborhood Traffic Safety Campaign N/A Temporary Description This tool affects: Cut -Through traffic Cost: Variable Restrictiveness = Low Effectiveness = Low Permanent Traffic safety campaigns for a particular neighborhood usually consist of leaflets, fliers or letters sent out to residents and schools. These may show information on current travel speeds within the area with a request that neighbors adhere to posted speed limits and other traffic laws. These programs are most effective if combined with an overall neighborhood calming program since they help bring attention to the measures involved and encourage input in the selection of tools to address problems. n m Pros 1. Helps to make residents aware of problems. 2. Signs may enhance the residential nature of an area if used with other measures. 3. May make residents aware of a potential safety problem. Ge era Co me Cons 1. The effectiveness of these campaigns is not verified. 2. There may be more effective alternative strategies such as neighborhood outreach meetings. Will this tool reduce traffic volumes? school Area TRAFFIC SAFETY Ptents, Safeguard solving Seighbo hood peeling erobiema A« Escoa, SEGURIDAD DE TReANSITO n your CIJZIlI Will there be a safety improvement? Unknown Affects on trucks? N/A Do they need enforcement? N/A What Streets can we use them on? N/A Can they be landscaped? N/A Can we use them on a Bus Route? N/A Description This tool affects: Cut -Through traffic Cost: Variable Restrictiveness = Low Effectiveness = Low Permanent Traffic safety campaigns for a particular neighborhood usually consist of leaflets, fliers or letters sent out to residents and schools. These may show information on current travel speeds within the area with a request that neighbors adhere to posted speed limits and other traffic laws. These programs are most effective if combined with an overall neighborhood calming program since they help bring attention to the measures involved and encourage input in the selection of tools to address problems. n m Pros 1. Helps to make residents aware of problems. 2. Signs may enhance the residential nature of an area if used with other measures. 3. May make residents aware of a potential safety problem. Ge era Co me Cons 1. The effectiveness of these campaigns is not verified. 2. There may be more effective alternative strategies such as neighborhood outreach meetings. Will this tool reduce traffic volumes? Unknown Any emergency vehicle impact? N/A Will this tool reduce speeds? Unknown Will they divert traffic elsewhere? N/A Will there be a safety improvement? Unknown Affects on trucks? N/A Do they need enforcement? N/A What Streets can we use them on? N/A Can they be landscaped? N/A Can we use them on a Bus Route? N/A Are they popular? Yes Can we use with Curbs and Gutters N/A Are they expensive? Low Cost Is it a Spot or Area -wide tool Area Easy to implement and effective at reducing apparent road widths Parking Lanes = It M Temporary Description This tool affects: Cut- "rough la is Cost: Variable Restrictiveness = Low Effectiveness = Moderate Permanent Striped parking lanes can be added to the roadway to reduce the effective width of the traveled way. This helps to reduce traffic speeds. It is necessary to have enough available roadway width, i.e. 8 feet minimum for the parking lanes and adjacent 12 foot travel lanes for a total of 40 feet. They can be applied to only one side of the street if there are no driveways on some segments. Pros 1. Low cost measure. 2. Effective speed reduction tool. 3. Can be used on sloped roadways. 4. No loss of on -street parking. 5. Can be applied on hills. n I m Ge era Co me Cons 1. Requires at least 40 feet of roadway. 2. Drivers may encroach lanes on bends. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible Affects on trucks? Unknown Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? No Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Area and Spot Speed enforcement tool Radar Trailer/Sign SPEED LIMIT 30 YOUR SPEED Iwo0 0 Temporary Description N/A Permanent This tool affects: Cost: Unknown Restrictiveness = Low Effectiveness = Low Radar trailers are commonly used by police departments to encourage compliance with speed limits on road segments where speeding occurs. They are highly effective while the trailers are in place — but there is little evidence they result in a permanent reduction in travel speeds. They can be useful at the beginning of a traffic calming program to draw attention to traffic speeds and subsequent tools which might be placed in the roadway. They also help increase resident's awareness of areas where speeding is a problem. Pros Locally effective speed reduction tool. Easy to position where problems are located. Helps draw attention to problem areas. m Ge era Co me Cons 1. Little long-term effect. 2. Not a permanent solution. Will this tool reduce traffic volumes? No Any emergency vehicle impact? No Will this tool reduce speeds? Yes (Temporary) Will they divert traffic elsewhere? No Will there be a safety improvement? Unknown Affects on trucks? None Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? N/A Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot Narrower speed Raised Crosswalks This tool affects: table used as a crosswalk Traffic Volumes-,' Cut-Throu�traffic Cost: About $1 OK each Restrictiveness = Low Effectiveness = High - �.. N/A Temporary Permanent Description Raised crosswalks are essentially speed tables used for pedestrians as crosswalks. They have the similar ramps on either side of the crosswalk area which are usually striped or marked to enhance visibility. The crosswalk is effectively brought up to the same level as the sidewalk — with some tactile device to allow visually impaired pedestrians to differentiate between the two. They reduce traffic speeds and enhance the safety of pedestrians. They are spot measures which are similarly priced to speed tables. n Pros 1. Makes crosswalks more visible. 2. May improve pedestrian safety. 3. Effectively reduced traffic speeds. 4. Can be textured or paved. 5. Useful where parking restricts other tools. Ge era Co me Cons 1. Some impact on emergency response vehicles but less than humps. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Can increase traffic noise in their vicinity. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? Some Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible for peds. Affects on trucks? Possible Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? Paved Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Moderate Is it a Spot or Area -wide tool Spot Essentially a speed table at an intersection N/A Temporary Raised Intersections This tool affects: Cut-Throu�traffic Cost: About $25-60K Restrictiveness = Low Effectiveness = High Description Permanent (UK example reversed) Raised intersections usually elevate the intersection up to sidewalk heights making for a pedestrian friendly environment. They can be paved attractively and usually include crosswalks. They are useful measures where pedestrian volumes are high. In addition they make drivers more aware of pedestrian activity. They can also be used as "Gateway" features at the periphery of a calmed neighborhood. A small lip or other textured device is needed for the visually impaired to differentiate sidewalk from intersection/crosswalk. n Pros 1. Make crosswalks more visible. 2. May improve pedestrian safety. 3. Effectively reduced traffic speeds. 4. Can be textured or paved. 5. Useful where parking restricts other tools. Ge era Co me Cons 1. Some impact on emergency response vehicles but less than humps. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Can increase traffic noise in their vicinity. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? Some Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible for peds. Affects on trucks? Possible Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? Paved Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Moderate Is it a Spot or Area -wide tool Spot A useful tool for encouraging community involvement in the calming process Speed Alert with Warning N/A Temporary Permanent Description This tool affects: Cost: $5-10k Restrictiveness = Low Effectiveness = High This is a program usually run by the neighborhood association. They may vary in function but usually they encourage residents to write down the information on drivers seen to be speeding in the neighborhood and to make use of police or agency databases to decide on a course of action. The system requires active community support to be effective. Data collected and reviewed by agency staff will determine action — which may include locating a Radar Trailer or permanent speed alert sign on the affected street. When in place, residents will record the license plate and speed of speeding vehicles. Friendly letters are then sent to the owners advising them to reduce speeds or risk citation. n m Pros 1. Effective at reducing traffic volumes. 2. Discourages cut -through traffic. 3. Self -enforcing 4. Not too expensive to introduce. 5. Cyclists pass between cushions. 6. Minimal effect on emergency response. Ge era Co me Cons 1. Affect on transit should be considered. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Ambulances may be affected. Will this tool reduce traffic volumes? Unlikely Any emergency vehicle impact? No Will this tool reduce speeds? Yes (locally) Will they divert traffic elsewhere? Unlikely Will there be a safety improvement? Possible Affects on trucks? None Do they need enforcement? N/A What Streets can we use them on? Local/Collector Can they be landscaped? N/A Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot Relatively low cost measure which effectively reduces traffic speeds. Speed Cushions LI i D i .�► D El Temporary Source: http://www.c:.austin.tx.us/roadworks Description This tool affects: Cut-Throu�traffic Cost: About $2.51K each Restrictiveness = Low Effectiveness = High Permanent Speed cushions are variations on a standard speed hump. However, they do not span the entire width of the roadway. The width of the raised portion ensures that cars have to pass over some part of the cushion but may allow buses and emergency vehicles to pass over with much less impact. They are bicycle friendly. Speed cushion dimensions are about 7' wide, 10' long and 3" tall. Most passenger vehicle axle widths are around 6', so they cannot straddle speed cushions as emergency vehicles do. Speed cushions are designed to slow traffic by 10 mph and lower traffic volume by 5 - 7%. Pros 1. Effective at reducing traffic volumes. 2. Discourages cut -through traffic. 3. Self -enforcing 4. Not too expensive to introduce. 5. Cyclists pass between cushions. 6. Minimal effect on emergency response m Ge era Co me Cons 1. Affect on transit should be considered. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Ambulances may be affected. Will this tool reduce traffic volumes? Yes - locally Any emergency vehicle impact? Minimal Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible Affects on trucks? None Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? No Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot Common Speed Humps neighborhood tool. May be unpopular with emergency o �, services. N r o rt T 7 - N/A N/A Temporary Description This tool affects: hL Cut -Through traffic Cost: About $31K each Restrictiveness = Low Effectiveness = High Permanent Speed humps are paved and approximately 3 inches high at their center, and extend the full width of the street with height tapering near the drain gutter to allow unimpeded bicycle travel. The curve is usually parabolic. Speed humps are different from the shorter speed "bump" that is often found in mall parking lots. There are several designs for speed humps. The most common hump is 12 feet long but some cities prefer the 14 foot version which is less abrupt. The humps have a design speed of between 15 to 20 mph. If properly spaced (about 200 feet apart) they can reduce vehicle speeds by 10 to 15 mph. n I m Pros 1. Effective at reducing traffic speeds by 10 to 15 mph. 2. Discourages cut -through traffic. 3. Self -enforcing. 4. Not too expensive to introduce. 5. Commonly used tool. Ge era Co me Cons 1. May impact emergency response vehicles. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Can increase traffic noise in their vicinity. Will this tool reduce traffic volumes? Yes - locally Any emergency vehicle impact? Yes Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible Affects on trucks? Possible Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? No Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot Similar to speed hump but with a flat top. Speed Tables 6' Temporary 10' Description This tool affects: Cut -Through traffic ��ch®i=�:sd�ria�r-maaa Cost: About $1 OK each Restrictiveness = Low Effectiveness = High Permanent Speed tables are similar to speed humps but longer and with a flat topped profile. They are often constructed with bricks for an attractive look and can be used as "Gateway" features for neighborhoods. They can be combined with crosswalks and are then referred to as Raised Crosswalks or Raised Crossings. The 85th percentile speed for a speed table is about 25-30 mph — i.e. higher than a speed hump. In some states speed tables are used on higher volume roads (eg. 6,000 vehicles per day) whereas humps are used for lower volumes of 500 to 3000 vehicles per day (Ft. Lauderdale FL). They are about more expensive than speed humps — especially if paved. n Pros 1. Effective at reducing traffic speeds Discourages cut -through traffic. 2. Self -enforcing. 3. Can be integrated with crosswalks. 4. Can be enhanced with paving stones Will this tool reduce traffic volumes? Yes - locally Will this tool reduce speeds? Yes Will there be a safety improvement? Possible What Streets can we use them on? Local/Collector Can we use them on a Bus Route? Check Service Can we use with Curbs and Gutters Yes Is it a Spot or Area -wide tool Spot Ge era Co me Cons 1. May impact emergency response vehicles. 2. Problems can be diverted elsewhere. 3. Should not be used on hills or significant grades. 4. Can increase traffic noise in their vicinity. Any emergency vehicle impact? Will they divert traffic elsewhere? Affects on trucks? Do they need enforcement? Can they be landscaped? Are they popular? Are they expensive? Yes Possible Possible No Paved No Moderately These are effective when used with parking lanes or as lower cost bulges N/A Temporary Texas Dots !.'"O DO Q00 O C) Q° ® � 1 O0 O0 O0 O0 Od d) � Doo —D n n Description This tool affects: Cut-Throu�traffic Cost: About$5 per dot Restrictiveness = Low Effectiveness = Medium ow Permanent Texas Dots are raised white or yellow markings which can be used alone or in combination with a median as shown above. Driving over them produces an uncomfortable ride which helps narrow the effective roadway width and reduce speeds. They can also be used in combination with parking lanes to act as enforcement to the effective roadway narrowing cased by the lanes. They may be applied to short segments to simulate bulges or neck -downs if the cost of a landscaped bulge is considered too high. Cyclists may be adversely impacted by Texas dots. They may be considered unsightly in some applications. Pros 1. Low cost tool. 2. Effectively narrows roadways. 3. Can be used with medians and parking lanes for added effectiveness. n m Ge era Co me Cons 1. May adversely affect cyclists. 2. May cause more noise if vehicles drive over them. 3. Not as attractive as landscaped bulges. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible Affects on trucks? No Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? No Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot These cause a vibration or noise when vehicles drive over them — reducing speeds. Textured Pavement I This tool affects: Cut-Throu�traffic Cost: $5k -$15k Restrictiveness = Low Effectiveness = Medium Temporary Permanent Description Small paving stones or cobble stones set in a pattern or specially stamped concrete provides an attractive tool which can reduce traffic speeds. They can also help delineate crosswalks and raised intersections or speed tables. In residential areas they can increase noise levels as cars travel over them and may not be suitable for all locations. Care should be taken to ensure wheelchair users are not disadvantaged at crosswalks. Also, cyclists may experience discomfort or loss of control if texture is too extreme. The costs are generally lower than other calming measures. Pros 1. May improve pedestrian safety. 2. Can reduce traffic speeds. 3. Can be an attractive feature 4. Can be combined with crosswalks. m Ge era Co me Cons 1. May adversely affect cyclists. 2. More decorative versions can be expensive. 3. May increase noise levels. 4. May not be popular on crosswalks for disabled people. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Possible for peds. Affects on trucks? No Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? Paved Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot Small traffic circles are an effective and quite common traffic calming tool. t� k Temporary Traffic Circle �Il Description This tool affects: Cut -Through Traffic Cost: $25k -$35k Restrictiveness = Low Effectiveness = High Permanent Traffic circles are intersections with central circular islands and a circular one-way roadway around the island Drivers yield to vehicles already circulating within the intersection. They are self -enforcing and can improve safety due to the replacement of vehicular crossing movements with merging movements. Design standards are strict and primarily originate from the UK and Australia. They can help beautification projects if the central island is planted. it m Pros 1. Can reduce traffic speeds. 2. Can be an attractive landscaped feature 3. Can be a "Gateway" feature. 4. Self enforcing tool. 5. Can reduce accidents. Ge era Co me Cons 1. May adversely affect cyclists. 2. Expensive to introduce. 3. Maintenance of landscaping needed. 4. Should be well lit at night. 5. Can be problematic for pedestrians. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No if Yes Description This tool affects: Cut -Through Traffic Cost: $25k -$35k Restrictiveness = Low Effectiveness = High Permanent Traffic circles are intersections with central circular islands and a circular one-way roadway around the island Drivers yield to vehicles already circulating within the intersection. They are self -enforcing and can improve safety due to the replacement of vehicular crossing movements with merging movements. Design standards are strict and primarily originate from the UK and Australia. They can help beautification projects if the central island is planted. it m Pros 1. Can reduce traffic speeds. 2. Can be an attractive landscaped feature 3. Can be a "Gateway" feature. 4. Self enforcing tool. 5. Can reduce accidents. Ge era Co me Cons 1. May adversely affect cyclists. 2. Expensive to introduce. 3. Maintenance of landscaping needed. 4. Should be well lit at night. 5. Can be problematic for pedestrians. Will this tool reduce traffic volumes? Possible Any emergency vehicle impact? No Will this tool reduce speeds? Yes Will they divert traffic elsewhere? Possible Will there be a safety improvement? Yes Affects on trucks? No Do they need enforcement? No What Streets can we use them on? Local/Collector Can they be landscaped? Yes Can we use them on a Bus Route? Yes Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Yes Is it a Spot or Area -wide tool Spot No turn signs are effective ways to control traffic patterns. They can be limited to peak periods if necessary N/A Temporary Turn Restriction Signs @ ( 0 7:00 AM to 9:00 AM 7:00 AM to 9:00 AM Description This tool affects: Cut -Through Traffit� Cost: $zoo Restrictiveness = High Effectiveness = High Permanent Turn restriction signs prohibit either left or right turn movements at designated intersections. The restrictions can be limited to the morning and/or evening peak hours. Enforcement can be a problem with turn -restriction signs; they often have a violation rate of about 50%. Enforced restrictions have about 20% violations rates. (Source: Traffic Calming: State of the Practice - ITE, 1999) Turn restrictions should be discussed in detail with the community because they will have the same level of restrictiveness (if enforced) as full and semi-diverters. Thus residents may be inconvenienced and emergency response times may suffer. They are an effective tool for controlling cut -through traffic. Pros 1. Can reduce cut -through traffic. 2. Can reduce turn related accidents. 3. Relatively low cost tool. n W Ge era Co me Cons 1. Will cause inconvenience for residents. 2. Will affect emergency response — unless exempted. 3. High violation rate if un -enforced. Will this tool reduce traffic volumes? Yes Any emergency vehicle impact? Yes* Will this tool reduce speeds? Unlikely Will they divert traffic elsewhere? Yes Will there be a safety improvement? Yes Affects on trucks? Yes Do they need enforcement? Yes What Streets can we use them on? Local/Collector Can they be landscaped? N/A Can we use them on a Bus Route? Check Service Are they popular? Yes Can we use with Curbs and Gutters Yes Are they expensive? Low Cost Is it a Spot or Area -wide tool Spot * Unless emergency vehicles are exempted. Appendix A - Developing and Conducting an Effective Community Outreach Program Message Development Educating Impacted Communities The key to any Community Outreach/Public Education Program is an understanding and appreciation of the topic. Neighborhoods may be aware that increased traffic on residential streets is adversely impacting their lives, but they may not know that there are solutions available to address these problems. The challenge is to educate residents about both the problem and possible solutions in terms that are easy to understand, easy to implement and effective. When neighborhoods recognize their role in problem solving, they are more likely to participate in solution generating exercises, which is a key component of community consensus building. The first step toward building consensus is educating stakeholders about problems and their range of options. Fact sheets and /or newsletters broadly addressing the issues and solutions should be developed and distributed. Key topics include: What is a "Neighborhood Traffic Management Plan?" How will an effective Neighborhood Traffic Plan improve your neighborhood? Neighborhood Traffic Management Planning Process Communities and impacted stakeholders require an established process from the outset. The City of Diamond Bar is charged with creating and maintaining a public process that solicits and values community input, honors timelines and individual time constraints, and is transparent, inclusive and effective. Once a (traffic related) problem is defined within a community and key stakeholders identified, it is important that the process is developed and agreed upon by all involved parties. The Evaluation Process An evaluation process that includes appropriate stakeholders is another integral element to the overall process. This component should also be shared at the outset and consensus sought. This component includes: a. Establishing a Neighborhood Action Committee Holding Meeting(s) as required to formulate an action plan C. Data Collection d. Analysis and interpretation of collected data e. Once data has been collected, analyzed and interpreted for the impacted neighborhood, the community should be provided with the range of options their associated costs, and the feasibility of implementation of each range. Scheduling and Conducting an NTMP Meeting/Workshop Assuming an appropriate level of concern regarding neighborhood traffic problems is registered, a neighborhood workshop will help ensure broad-based participation and input. The following are key elements for conducting neighborhood workshops: • Determine appropriate date — including day of week and time of day; sensitivity to cultural and religious holidays. • Identify appropriate location — accessibility of building, availability and safety of parking, proximity to impacted community, room amenities. • Develop mailing list (if mailing beyond defined impacted boundaries). • Identify other potential stakeholders i.e. nearby businesses, schools, other public facilities (hospitals, parks, post offices, churches). • Provide proper advance notification (usually via post card and/or flyer, 10 — 15 days out). • Does notification need to be bi (or multi) lingual? • Establish and post an agenda for public meetings. • Identify a moderator / facilitator. • Prepare information packets, fact sheets and or other appropriate materials to be distributed and / or displayed at the public meetings. This includes at minimum providing information on the full range of traffic calming devices with appropriate discussion re: pros and cons for each specific tool to the targeted community sign -in sheets. • Prepare and distribute meeting summaries to attendees after the meeting. Appendix B — Neighborhood Traffic Management Action Request Form Instructions: Several weeks ago with the support of your neighborhood, residents in your area participated in the development of a neighborhood traffic management plan. The goal and purpose of the plan is to address traffic problems in your community. The Plan is now complete and is attached to this ballot. Please carefully review the Plan and check the appropriate boxes below. If approved by 66% or more of the households, the Plan will be carried out by the City. The deadline for returning the ballot is Please check the appropriate box: YES, I support the plan as presented. ❑ NO, I do not support the plan as presented. Your Name: Street Address: Please Return This Form to: City of Diamond Bar Development of Community & Development Services 21825 East Copley Drive Diamond Bar, CA 91765 Attn: Neighborhood Traffic Management Program Thank you for your input Appendix C NTMP Qualifying Criteria Requests for the implementation of neighborhood traffic management measures on public streets will be considered by the Department of Community & Development Services on a case-by-case basis for those streets meeting all of the following criteria: 1. The street should be primarily residential in nature with a daily traffic volume of at least 500 vehicles but not more than 5,000 vehicles per day. 2. The County Sheriff or Fire Department or other public safety or service agencies have not provided sufficient evidence of any major public safety concerns regarding the neighborhood traffic management and calming measures. 3. The change in traffic flow will not result in unreasonable liability exposure for the City of Diamond Bar. 4. The changes in traffic flow will not divert significant amounts of traffic to other residential streets Upon meeting the above criteria, staff will proceed as follows: a. The project manager will recommend and examine the technical feasibility and anticipated impacts of the proposed neighborhood traffic management and calming measures. This review will include items such as the Vehicle Code, State law, the Circulation Element, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected traffic conditions, the potential for traffic diversion to adjacent streets, impacts to emergency vehicle response times and the increased liability exposure for the City or conflicts with future planned improvements. The project manager will determine the boundary of the "affected area" to be petitioned. The affected area will include but not be limited to those properties where normal travel routes to and from the "affected area" are to be altered by the neighborhood traffic management and calming measures, and/or properties that are significantly impacted by traffic that is to be diverted. Within each of the five districts, the affected area boundaries are developed by taking into account surrounding arterials, physical barriers such as rivers, parks, tracks, the pattern of impacts as identified by residents, and existing community area boundaries. The petition requesting the neighborhood traffic calming measures must be supported by 67% of the total number of citizens affected by the proposed changes in traffic flows. The citizens should include property owners, tenants, and business owners within the affected area who might be significantly affected by the proposed measure. Persons submitting petitions must attempt to contact all affected parties. All affected persons who may need to use the street(s) on a daily basis must be contacted for the petition to be accepted by the City. This requirement will be satisfied by signatures from 67% percent of the affected parties indicating support or non-support for the neighborhood traffic management measures. DI LMOND B.1R 1 Diamond Bar Neighborhoods At the onset we defined the following 5 areas based on: • Natural borders • Known traffic issues • Similar type of housing/type of streets • Traffic statistics • Schools/school traffic DIVIOJD RAIi We utilized the 4 E's City of Diamond Bar Neighborhood Traffic Management Program • The proposed measures on the following slides for each of the 5 areas is based on input received from residents at each of the District meetings. • It has been developed to work within an estimated budget of $25,000 per area. • Note: This results in limiting the number of measures we can install — bear in mind for example, one set of Speed Cushions costs about $2,500. Diamond Bar Neighborhoods Area 1 -Yellow We looked at two areas — west and east of the 57 Freeway DIVIOND BAR .. _ OL r: a r=te Q rN IZ-NLO UVIOND where grade IM permits._ 7477 Ti ,f' ' y, 7 . — - 1,. ''•'i°',r id _ _ ,.ter: ` , . � _ Proposed Traffic Calming Plan -, t �Y:. � `F / � � « � •� �( . � � A� � ,fir � � i .,,L,,.. Y +` AJ Imo.. JOr r _ ` c BOWER CASCA DI.t ND B.11i x1arnonu 0.74- Neighborhood ELI Proposed Traffic Calming Plan L�r - ParkingLanes .r - .01 f r r � r Area 2 - Green Diamond Bar Neighborhoods 'JAM .rel Diamond Bar Neighborhoods Area 3 - Orange After: Center island can be driven over by larger vehicles d Texas Dots deflect traffic from a straight- thru path Mini Circle with small dots J Diamond Bar Neighborhoods Area 4 - Pink Area 5 - Blue Diamond Bar Neighborhoods Textured Crosswalk Textured Crosswalk _ AFTER: Short median island for pedestrian protection Speed cushions on Speed cushions on exit from intersection approach to intersection it City of Diamond Bar Neighborhood Traffic Management Program The Next Step... To conclude the initial NTMP process which began with meetings with the residents to determine what they perceived as traffic problems in their neighborhoods, then obtaining the residents' approval of the proposed action plan at a second meeting, the following should occur: • We need to finish what has been started. • The residents are expecting to see improvements installed on the streets. • Work with the current FY 2005-06 budget of $125,000. • Chose 1 area from each of the 5 districts to install a pilot project. • T & T Commission recommends the pilot projects to Council. City of Diamond Bar Neighborhood Traffic Management Program • Obtain Council approval to move forward with implementation of the pilot projects. • Obtain Council approval of NTMP Manual. • Complete design plans for each area's pilot project. • Conduct neighborhood informational meetings for each of the affected streets to discuss design plans. • Implement installation on affected streets. City of Diamond Bar Neighborhood Traffic Management Program Once the pilot projects have been installed, residents from throughout the City will begin to see what has been done in various neighborhoods and wish to include their street in the NTMP process. The pilot projects will serve as visual examples to reference when future requests are received. As pilot projects, residents and Staff will have the opportunity to work towards a satisfactory result that will benefit the majority of the stakeholders. City of Diamond Bar Neighborhood Traffic Management Program • The City receives a written request to mitigate a traffic concern. • A brochure which outlines the NTMP program and process will be sent. • A meeting for the residents along the affected street will be held to discuss their concerns and gather first-hand information. • Staff will undertake an initial evaluation by collecting data and performing field observations. • The residents will then be invited to a second meeting to discuss tools and strategies available to address their specific problems. • A survey packet will then be mailed to the residents of the affected street in order to obtain a 67% majority consensus. City of Diamond Bar Neighborhood Traffic Management Program • If a 67% majority is achieved, the Final Design Plan will be submitted to the Traffic and Transportation Commission for review and forwarded to City Council for approval and funding *. • Construction begins to install traffic calming devices. • Post construction evaluation. • Improvements will only be installed after a majority consensus has been received. * If the original resident(s) requesting the improvements is unable to obtain a 67% majority consensus through the petition process, the resident(s) may appeal their request to the Traffic and Transportation Commission and ultimately the City Council. MANUAL FOR THE IMPLEMENTATION OF NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAMS IN THE CITY OF DIAMOND BAR wren aY- City of Diamond Bar Neighborhood Traffic Management Program TOOLSCITYOFDIAMO BAR C,,b aed Center Island Narrowing Thiamin arra"" wan pt A -t --sk irs �N- a�haan i D D D Description Median islards are usetl to narrow roadways. This resulh in rs speeds al the narrowetl segments adh can age ugh traffic. — t W The metlians can be landscaped and can also be —.Iku ckJA.. irtlegraletl with crosswalks for atltlilional petlesldan protection Gare shauM be taken fa avoid impeding tesitlen, fti driveways. They can also tee to r turns in antl out or sitle sheets_ They can be tested initially with temporary ve g,u to gauge ighict neghborho� response. Dn narrower sheets parking N t, may need ty be restricted 1, be d the medians. Cyclists can I>e placed dearer to faster moving car _ They can eHepocde be used on curved roadways to reduce speeds. Shod., islands are more eRectrve al reducing speeds. .ff Pros t. l/sually reduee traffic speeds. 2 Can be l Cons t. Mayadverselyaffngdo, 2. Expensiveb a ndsraped. 3. May mprovepedes(n safety 4. Can be mtrodure 3. Canbeexpensiueto mamtvn if landscapetl_ combinebwithcrosswalks. 5. Can be used to restd 6. Can bean exceZ-1n Gat Zy'feature 4. May result in reduced parking. General Comments WII th"tod reduce trethcvolumes? Possble WJI th:—reduce speeds? Yes WJI tM1ere bea sarety-prwement? Possble My emergency vehicleimp— No Wll they d-1—eleewhere? Possible Affats on truds? No WM1.at SFreets can we use Nem on? LocallCollector Can we use them on a Bus Route? Yes Can we use witM1 Curbs and Guners Ves Is iCa Sx—Area-wid—.1 SpIX Cer-ybn benfomemem? Ne yce 1.scapetli Ves Are Are they pop.— Ves they Are they expensive? Modeafe City of Diamond Bar pili„� Neighborhood Traffic Management Program Agenda # Study Session No. 2 Meeting Date: Sept. 20, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager PREPARED BY: Bob Rose, Director of Community Services TITLE: Presentation of Phase III Concept Plan — Sycamore Canyon Park ADA Retro -Fit Project Summary The following improvements at Sycamore Canyon Park are planned for the Phase III portion of this ADA retro -fit project: • Construct new retaining wall between upper and lower levels of park, with stairs and accessible ramps. • Construct new play equipment in lower tot lot area for ages 5 to 12 year-olds. • Construct new play equipment in upper tot lot area for ages 2 to 5 year-olds. • Construct climbing wall in lower tot lot area. • Install accessible rubberized surfacing under both tot lots and climbing wall. • Replace drinking fountain with one that is accessible in lower tot lot area. • Install picnic tables at upper tot lot area. • Install patio adjacent to south side of building. • Widen sidewalk area north of building as space for vendors, stage for summer concerts, and area for dancing in front of the stage. Staff will make a power point presentation showing the accomplishments of Phases I and II, and present the areas of the park where Phase III improvements are planned. Also, a representative of Hirsch and Associates will be present to discuss the Phase III concept plan. Financial Summary Estimated cost to construct Phase III of this project is $776,050.44, including a 20% contingency. City Council has appropriated $795,000 in grant funds in the 2005/06 FY budget for the construction of this project. Recommendation The Parks and Recreation Commission reviewed this concept plan at their July 28, 2005 meeting, and the Commission supports the concept as presented. Staff is seeking Council direction to move forward on this project and to authorize Hirsch and Associates to develop the construction plans and specifications, based on the concept plans presented. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Code of Ethics Agenda # Study Session #3 Meeting Date: Sept. 20, 2005 AGENDA REPORT City staff presented a revised Code of Ethics to the City Council at its last meeting on September 6tn City staff was requesting one modification to one line in the policy so that when a Councilmember requested an item be placed on a future agenda from the dais during Council comments, it would be clear that placing the item on a future agenda was supported by a majority of the Council. Staff was not requesting any other changes to the document. The specific change requested by staff is as follows: Section 2 OPERATION OF CITY COUNCIL MEETINGS, Subsection F The item will only be included ethowe if a majority of the Council vote to place the item on a future agenda during a roll call vote immediately following the request. The Council requested that the item be discussed at a future study session. City staff has not received any comments from Council for any other changes to the document nor does staff have any other proposed changes. PREPARED BY: Deputy City Manager Attachment CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: C-9 Authority: City Council Resolution No. Effective: Revised: 7- CITY COUNCIL 1 STA(@� OF OPERATION AND CODE OF ETHICS The purpose of this document is to define the roles, responsibilities and expectations of the City Council and City staff and to promote understanding of and trust in the operation of the City government. 2. OPERATION OF CITY COUNCIL MEETINGS A. The Council meets on the first and third Tuesdays of each month. The City Council meeting agenda will be prepared by the City Manager and distributed to the City Council not later than the Friday prior to the applicable City Council meeting. Any member of the Council may include an item of business on an agenda with the consent of the Mayor. Meetings shall be conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and procedural matters decided in accordance with Robert's Rules of Procedure to the extent applicable to meetings of local government agencies. B. Under the item entitled "Approval of the Agenda," the Mayor, with Council consent, may change the order in which the Council will address the items of business listed on the printed agenda. This is also the time during which items of business may be removed from the agenda or added in accordance with the requirements of the Brown Act. C. Public Comments on matters of business listed on the consent calendar and on matters within the subject matter jurisdiction of the Council, but not on the agenda, are scheduled immediately following the Flag Salute, Roll Call and Special Presentations, Certificates, Proclamations. A member of the public may utilize this time to request that an item be added to a subsequent meeting agenda. In order to ensure that all members of the public have an opportunity to speak pertaining to issues that are not on the meeting agenda and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public. The Mayor will be responsible for enforcing the time limit and shall do so uniformly. Upon request of a speaker, the Mayor may, with the concurrence of the Council, extend the time limit if the nature of the issue warrants an extension of time. The Mayor may, likewise, with the concurrence of the Council, shorten the five- minute time limitation for all speakers if warranted by the number of speakers or the press of business. No action is to be taken on items raised under Public Comments. Immediately following Public Comments, the Mayor may direct staff to respond or allow other Council members to respond to a matter raised by the public. D. Public hearings shall be opened by the Mayor. The Council shall first hear the staff report and individual members may ask questions of staff. Then, the Mayor shall ask for a presentation by the applicant, which shall be of such duration as determined appropriate by the Mayor based on the complexity of the matter. If the matter is an appeal filed by someone other than the applicant, the appellant shall present first, followed by the applicant. Then, the Mayor shall ask for comments from the public, which shall be limited to five minutes per speaker. If the members of a large organized group of people wish to cede their individual time to a spokesperson, the Mayor may allocate additional time to the spokesperson. The applicant/appellant shall be accorded an opportunity for a brief rebuttal. After public comment, the City Council shall deliberate and take action. No comments or deliberation shall be allowed once a final action has been taken. E. In accordance with State law, the Council may by majority vote waive full reading of any ordinance and introduce and adopt it by title only. F. During Councilmember Comments and Subcommittee Reports, Council members may make a brief report of their activities or the activities of subcommittees of which they are a member. Council members may also use this opportunity to request an item of business be included on an upcoming Council agenda. The item will only be included unless; aa FnajeFit„ of the Gity dire .ts „thePNi o if a majority of the Council vote to place the item on a future agenda during a roll call vote immediately following the request. A Council decision on legislative or policy matters shall only be reconsidered at the request of a Council member after a 6 -month "cooling off' period, unless a majority of the City Council affirmatively agrees otherwise. Final decisions of quasi-judicial matters are not subject to reconsideration. G. If the Council desires to proceed past 11:00 p.m., the Council, at 10:45 p.m., will determine which issues will be completed at that meeting and which items will be continued to an adjourned meeting or to the next regular meeting. 3. GENERAL STANDARDS GOVERNING CITY COUNCIL MEETINGS A. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented by the City Clerk with a receipt time and date and made available for public review immediately upon distribution to the Council. B. The City Council may, in its discretion, prioritize and agendize items of business suggested by the public. C. City Council meeting minutes shall be prepared in a modified action -taken format, rather than a transcript format. All City Council meetings shall be audio - taped and video-taped in their entirety. City Council meeting tapes and Planning Commission meeting audio- tapes shall be retained for two years from the date of the meeting. All other Commission and Committee meeting audio -tapes shall be retained until the approved minutes of a meeting have been reported to the City Council. D. City Council member conduct during meetings: i. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. ii. Council Members shall avoid getting into debates or dialogue with a member of the public. Council Members shall also avoid getting into debates with staff. iii. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. iv. Respect for each individual Council Members' interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. Council members will refrain from personal attacks on each other. V. Items of business voted on during a meeting should generally not be revisited during Council Comments or anytime later in a Council meeting. No comments shall be made on public hearing items involving quasi-judicial matters after final action has been taken. vi. The Mayor may with the approval of the City Council during a Council meeting create a Task Force or Working Group to research, create and/or oversee new programs or projects. vii. Council Members have a duty to vote in the affirmative or in the negative on all motions, unless precluded by law from participation. E. The City Attorney shall act as Parliamentarian. The speaker having the floor may at any time request of the Parliamentarian the rules of order, or procedures to be followed. The Chair may at any time interrupt the proceeding to request a ruling from the Parliamentarian. 4. CITY COMMISSIONS A. Individual Council Members may attend Commission meetings as members of the public, but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. Significant Commission recommendations and/or actions will be reported in writing to the City Council on its regular meeting agendas. C. New ideas or suggested programs formulated by a Commission will not be final until approved by the City Council. 5. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS If a member of the City Council represents the City before another governmental agency or organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. 6. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. Council Members and staff will treat each other with respect during Council meetings. When expressing criticism, Council Members will endeavor to criticize work product rather than making personal attacks on staff members. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman, Councilwoman, or Council Member. Council Members will address all staff members utilizing Mr., Mrs., or Ms. rather than the person's first name. C. City staff acknowledges that the Council is the City's policymaking body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy-making body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments in accordance with Council direction. E. The Council acting as a body will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study without the approval of the City Council. F. All written information material requested by individual Council Members will be submitted by staff to all Council Members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail addressed to the Mayor and City Council will be circulated by the Department of the City Manager to the City Council along with either a response approved by the Mayor and City Manager or information about how the response is being handled. The Mayor's response, when appropriate, and the original communication, will be submitted to Council Members for their information. Mail addressed to individual Council Members will be given directly to the respective member. Members may respond personally to the mail or may request a response from City staff if the issue and/or situation is/are appropriate. I. Team sensitivity and support is important. Once a final decision is reached, it will be accepted, supported and implemented by staff as well as the full City Council. 7. INDIVIDUAL COUNCIL MEMBER ETHICS AND RESPONSIBILITIES A. City Council Members will keep all written and oral information provided on matters that are confidential under State law in strict confidence to insure that the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Deputy City Manager. B. If the City Council, in closed session, has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisition or disposal, a proposed or pending claim(s) or litigation, and/or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions without prior approval of the City Council. C. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. D. Council approach to authority is collaborative rather than individual. E. Council Members will keep an open mind on all issues. F. Council Members, on matters pertaining to upcoming or anticipated quasi-judicial items as to which a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of impartiality that is attendant to our community responsibility. 8. USE OF CITY MEDIA A. "City Media" means official City stationery and all other documents to which the City logo or insignia is officially or unofficially affixed; the use of City -owned equipment for the electronic transmission of information; and any other instrumentality or medium of communication which appears to be an official communication of the City. "City Media" shall not include business cards or individualized City Council stationery. The use of City -owned equipment for the electronic transmission of information is regulated by separate City of Diamond Bar Policy and Procedure A-2, "Computer Use Policy." B. City Media shall be used by City Council Members solely to communicate an official City policy, position or response to an inquiry. City Media shall not be used to advocate for or against a candidate for political office. C. Individualized City Council stationery may be used for any purpose germane to the performance of City Council duties or a Council Member's status as a public official. It shall not be used to solicit votes, endorsements or funds in connection with a political campaign for re-election to the City Council. City business cards may be used for identification purposes. D. Any use of City Media by city elected and appointed officials outside proscriptions of Paragraph iii above is strictly prohibited, and subjects the user to any or all of the following: a. Censure. b. Removal from City Council committee assignments. C. Suspension of City sponsored attendance at conferences, meetings, workshops, seminars and similar gatherings. d. Discontinuance of City credit card use. e. Discontinuance of use of City equipment including but not limited to, automobiles, computers and software and copying machines. f. Any other sanctions or removal of privileges deemed appropriate by the City Council. Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER 6, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Zirbes was excused. Also Present: Linda Lowry, City Manager; James DeStefano, Asst. City Manager; City Manager; David Doyle, Asst. City Manager; John Cotti, Asst. City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Ryan Wright, Senior Administrative Assistant; Fred Alamolhoda, Senior Engineer and Tommye Cribbins, Executive Asst. Election Consultant Discussion — Catherine Lew, Lew Edwards Group. Public Comments ACM/Doyle stated that because the City Council requested assistance in determining possible election dates, staff invited Catherine Lew of the Lew Edwards Group to speak to the Council about how she might assist the City. Ms. Lew came highly recommended by the Friends of the Library and also by CA/Jenkins. Catherine Lew, President and CEO of Lew Edwards Group gave a slide presentation introducing her company and how it can assist the Council in selecting the process placing the library measure on the ballot. Ms. Lew stated that her firm has a success rate that exceeds 90 percent in the State of California and that in November 2004 they were undefeated in all of their ballot measures. Ms. Lew walked the Council, by way of a power point presentation on what needs to be done, prior to placing a bond of this type on the ballot. She further commented on what she felt was the best date possible to get the measured approved by the residents. PUBLIC COMMENTS: Marsha Hawkins, with Friends of the Library spoke stating that her organization is ready, willing and able to start the process. After much discussion by the Council, CM/Lowry asked for direction from the Council as how to proceed. Council authorized the City Manager to contract with the Lew Edwards Group and a survey company and to work together to perform a survey to see if the residents of Diamond Bar would support a Library Bond. SEPTEMBER 6, 2005 PAGE 2 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:45 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2005. WEN CHANG, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 6, 2005 CLOSED SESSION: 5:30 p.m., Room CC -8 • Initiation of Litigation — Government Code Section 54956.9(c) Seven (7) Cases STUDY SESSION: 5:45 p.m., Room CC -8 • Election Consultant Discussion — Catherine Lew, Lew Edward Group • Public Comments M/Chang adjourned the Study Session at 6:43 p.m. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:53 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that the City Council began the evening with a closed session regarding unpaid claims and Council directed staff to proceed with litigation. During the study session the Council received a report from Catherine Lew, President and CEO of Lew Edward Group about how the City might proceed to place the library measure on the ballot. Following discussion, the City Council authorized the City Manager to contract for the consultant's services within her spending authority to assist the Council in making the next phase of its election determination. PLEDGE OF ALLEGIANCE INVOCATION: the Invocation. ROLL CALL: Tem O'Connor and Mayor Chang. Council Member Tanaka led the Pledge of Allegiance. Ahmad H. Sakr, Ph.D., Islamic Education Center gave Council Members Herrera, Tanaka, Mayor Pro C/Herrera moved, MPT/O'Connor seconded, to excuse Council Member Zirbes from tonight's meeting. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tanaka, MPT/O'Connor, M/Chang None Zirbes Staff Present: Linda Lowry, City Manager; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; and Linda Magnuson, Finance Director; Ryan McLean, Sr. Admin Analyst; Nancy Fong, Planning Manager and Tommye Cribbins, Executive Asst. SEPTMEBER 6, 2005 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: Approved as Proposed. CM/Lowry introduced John Cotti who was standing in for CA/Jenkins during the tonight's meeting. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presented Certificates to the D.B. Community Volunteer Patrol Members for hours of service: Margie Rouse — 5000 hours; Glen Plovanich — 5000 hours; Jim Warren — 5000 hours; Steve Chi — 500 hours; Art Coleman — 500 hours, and Gilbert Yanow — 500 hours. 1.2 Mayor Chang presented Certificates of Recognition to the Greater Los Angeles County Vector Control District Management Team (GLACVCD) for their many accomplishments and for national recognition of the District's successful Mobile Education Unit the "Bug Bus." 1.3 Council Member Herrera proclaimed the 40th Anniversary of the Southern California Association of Governments (SCAG) and presented the Proclamation to C/Tanaka. 1.4 Mayor Chang, Mayor Pro Tem O'Connor, Council Member Herrera and Council Member Tanaka presented a City Tile to James DeStefano, Assistant City Manager, Community Development for his years of service to the City of Diamond Bar who is leaving the City to work in the City of Chino Hills. BUSINESS OF THE MONTH: 1.5 Mayor Pro Tem O'Connor presented a City Tile to Richard Cleek, General Manager of Administaff, Business of the Month for September 2005. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry said that ACM/DeStefano's eloquence was unsurpassed, and that he understated his service to the community and the impact that he has had on the City of Diamond Bar. His professionalism, thoroughness, eloquence and 15 years of steadfast service to the community have enriched thousands of lives. She said she believed that public servants such as Jim DeStefano make all public servants proud to be working for cities like D.B. and she felt certain that the City of Chino Hills could count its blessings for having made an excellent decision to recruit him away from the City. Jim DeStefano has created a record of excellence that would remain within the culture of the D.B. organization for years to come and the community would continue to be enriched by his personal investment during the past 15 years. She asked staff to stand and join her in recognizing Jim DeStefano for his service to the City of D.B. 3. PUBLIC COMMENTS: Allen Wilson said the San Gabriel Valley article of August 24 regarding the Diamond Bar Library caught his attention. The article stated that if a tax were approved the City would sell several million dollars worth SEPTMEBER 6, 2005 PAGE 3 CITY COUNCIL of bonds to finance the library and tax the residents to pay back the bonds. The article indicated that last month the Council proposed an annual levy of $53 per parcel and is now considering a separate entity to oversee the proposed tax called a Community Facilities District. The City Manager was quoted as saying that the legal entity would protect the proposed tax from being overturned in the future and he wanted to know what that statement meant because he was concerned that the proposal would not include a sunset date and the citizens would not be protected. He asked for clarification from CM/Lowry. He said he was very concerned about the entire project because if the City built a building what would the County do with the existing facility. He said that he was not opposed to libraries in general because they served a critical need within communities. However, $13 million is a lot of money in a difficult economic climate. He hoped that the community could come together on this issue. He wanted to know who would staff the building and whether staff had arrived at a budget figure. Debbie Herrman, D.B.H.S. Foundation stated that on behalf of several organizations including the Counsel of African Americans, the Korean American Parents Association, the Chinese American Parents Association, the Parent Advisory Counsel, the American Association of University Women, the D.B. Brahma Foundation and the D.B. Brahma Boosters, and the United Student Body of D.B. High School, a fundraiser to aid the victims of Hurricane Katrina would commence on Wednesday September 7 and continue through Friday, September 9 from 7:00 a.m. to 4:00 p.m. each day. Cash donations and checks payable to the American Red Cross will be accepted. In addition, checks can be mailed to D.B.H.S., Katrina Relief Fund, 21400 East Pathfinder Road, D.B. 91765. Presidents of the Chinese American Parent Association and the Korean American Parents Association advised members of their group about the fundraiser. Debbie Herrman announced that a carwash would be held on September 11, 2005 from 8:00 a.m. to 4:00 p.m. to lend additional financial support to the fundraiser. Kathleen Newe, Friends of the Library, thanked the Council Members for their careful and thoughtful study of the issues concerning a new library. She invited residents to attend the Library's Mystery Author evening on Thursday September 8 at 6:30 p.m. at the D.B. Library as the kickoff for the month-long Read Together D.B. event. Clyde Hennessee said that it was estimated the City would spend 3/4 million dollars before a vote was taken on the library ballot measure. The City is currently spending in excess of $1 million per month for its budget. He said he liked the idea of a new library but did not agree with the proposed funding. Fifty- five percent or less of the residents currently support the proposed program to build a new library. Mr. Hennessee said the residents would never hear a downside or that it would take 20 plus years for the residents to pay for the SEPTMEBER 6, 2005 PAGE 4 CITY COUNCIL library. The price of gasoline has doubled and tripled; heating fuel will increase by 50 percent and the cost of water is expected to increase another 10 percent. D.B. does not need another library and it would be cheaper to expand the current facility on a pay-as-you-go basis. Irene Wang, Manager, D.B. Library, announced that Kathleen Newe would be recognized as a "Community Hero" at a reception at the D.B. Day at the Fair on Thursday, September 29 at 4:30 p.m. Mrs. Newe has worked tirelessly for more than 10 years. She promoted the first Wine Soiree and co-founded "Basically Books." She has been a real hero to the library and richly deserves this recognition. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang congratulated Kathleen Newe. CM/Lowry said that the comments she made to the press were in response to questions posed to her over the telephone about the Council's study session that she was unable to attend due to illness and that the reporter spoke to ACM/Doyle to verify her statements. The questions were related to why the City would listen to a presentation about a Community Facilities District for the library tax when it had already received a presentation about a Parcel Tax and why was a Community Facilities District being recommended in place of the Parcel Tax. Her answers were that creating a District created a higher level of security for the potential bond purchasers thereby reducing the risk to them to purchase the bonds and probably reducing the cost to the City in the form of interest -the higher the risk, the higher the interest. By speaking that language about the bondholders it did not indicate disrespect to the liability of the taxpayers. However, once the voters approved a District it would secure the future funding to a higher level to the bondholders because the funding would be secured by a parcel tax. In an effort to make it clear so that in the simplest of terms it would be reported accurately, if her comments were misunderstood or taken out of context and meant different things to different people it was unfortunate. She would be happy to speak with community members make more time available for them. Council and staff with help of experts will become more articulate in this matter. As a result of tonight's study session there are many more questions to ask and much more information to process before the Council reaches a conclusion about what the best approach would be toward getting the public to provide their opinion about how they would like to pay for a new library and to what extent they would be willing to pay for a new library. This is a process of learning and accumulating data about the City's needs and about what the community is willing to contribute and pay to have a new library. To date those answers are not available and staff continues to gather information and bring it to the Council and public in order that all parties may render informed decisions. M/Chang reiterated that a new library has been one of the City's top priorities since incorporation. The City Council is working for the people and the Council is attempting to receive as much information as possible to make an informed SEPTMEBER 6, 2005 PAGE 5 CITY COUNCIL decision without depleting the City's reserves. The City has made several unsuccessful efforts to obtain grant funding and money from the State and Federal governments to pay for the cost of building the library. It is now time to gather the information necessary to make a presentation to the community to determine how the community wants the City to move forward. He asked everyone to keep an open mind during the process of gathering this information. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — September 8, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 PUBLIC SAFETY MEETING — September 12, 2005 — 7:00 p.m. D.B./Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.3 PLANNING COMMISSION MEETING — September 13, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — September 20, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Item 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS M/Chang NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES Herrera, Tanaka, None Zirbes MPT/O'Connor, 6.1.1 Special Study Session — July 26, 2005 — approved as submitted. 6.1.2 Study Session — August 16, 2005 — approved as submitted. 6.1.3 Regular Meeting — August 16, 2005 — approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES 6.1.1 Regular Meeting of June 28, 2005. 6.1.2 Regular Meeting of July 12, 2005. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of July 28, 2005. 6.4 RATIFIED CHECK REGISTER dated August 12, 2005 through September 1, 2005 totaling $1,218,528.92. SEPTMEBER 6, 2005 PAGE 6 CITY COUNCIL 6.5 APPROVED TREASURER'S STATEMENT — month of July 2005 and the Revised June 2005 Treasurer's Statement. 6.7 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR DESIGN ENGINEERING SERVICES FOR TRAFFIC SIGNAL MODIFICATIONS FOR DIAMOND BAR BOULEVARD AT SHADOW CANYON DRIVE; DIAMOND BAR BOULEVARD AT HIGHLAND VALLEY ROAD, AND GOLDEN SPRINGS DRIVE AT PROSPECTORS ROAD IN THE AMOUNT OF $15,000 AND AUTHORIZED CONTINGENCY AMOUNT OF $1,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $16,500. 6.7 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDIT REPORTS FOR THE FISCAL YEARS ENDED JUNE 30, 2004 AND 2003. 6.8 APPROVED THE REAPPROPRIATION OF $19,360 FROM PROPOSITION A (TRANSPORTATION FUNDS) FOR DEVELOPMENT OF ON-LINE TRANSIT PASS SOFTWARE. 6.9 APPROVED LETTER OF SUPPORT FOR THE FUNDING OF THE STATE ROUTE 71 (SR71) ULTIMATE EXPANSION PROJECT FROM THE 40% REGIONAL ALLOCATION OF PROPOSITION 42. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2005 -XX: APPROVING CITY COUNCIL "STANDARDS OF OPERATION AND CODE OF ETHICS" AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR POLICIES AND PROCEDURES" (1996) AND RESCINDING DIAMOND BAR CITY COUNCIL RESOLUTION NO. 2004-54. MPT/O'Connor stated that this item deals with a Code of Ethics that was adopted by the Council in 2004. Staff's report indicates that it is appropriate to review the document and make recommendations for improving the efficiency and effectiveness of the City Council and City Staff. She agreed and asked that the matter be tabled until all Council Members had an opportunity to review the document and make appropriate comments. SEPTMEBER 6, 2005 PAGE 7 CITY COUNCIL C/Herrera agreed that Council should revisit the document. However, the request was made by staff to clarify certain matters and therefore, direction should be clearly provided to staff by the Council that it would take action on this item and then revisit the entire Code of Ethics if so desired. She recommended approval on that basis. C/Herrera moved to approve Consent Calendar Item 6.6 and bring the document back for review by a committee appointed by the Mayor. M/Chang said the item would be tabled and the document discussed at the next study session. C/Herrera asked for clear direction to staff by taking action on this item because while the Council is reviewing the entire document it might come up at a future Council meeting that a Council Member would request a certain item be placed on the agenda without clear direction because the Council made no visible agreement with the request. M/Chang said the Council should table the item and asked staff to present the item during an upcoming study session. C/Tanaka said that in the meantime the Council could take a roll call vote on items suggested by a Council Member for agenda or study session. C/Herrera stated that technically, her motion died for lack of a second. M/Chang declared the item "tabled" and asked staff to bring it back for a study session. CM/Lowry respectfully suggested that C/Tanaka made a motion that in the interim if a Council Member requested that an item be placed on the agenda that Council would take a Roll Call vote on the matter and felt that M/Chang had not reiterated C/Tanaka's motion. M/Chang said that the only chance that a recommendation would be put forth would be a request from the dais so if staff could bring the item back at the next study session the study session would take place before the Council was seated at the dais and that scenario should serve the purpose. M/Chang asked that the item be tabled and asked staff to place the item on the September 20 study session. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVE APPOINTMENT OF COUNCIL MEMBER TANAKA'S PLANNING COMMISSIONER, TRAFFIC AND TRANSPORTATION SEPTMEBER 6, 2005 PAGE 8 CITY COUNCIL COMMISSIONER AND PARKS AND RECREATION COMMISSIONER IN COMPLIANCE WITH THE DIAMOND BAR MUNICIPAL CODE. C/Tanaka nominated Kwang Ho Lee to serve as Planning Commissioner. MPT/O'Connor seconded the nomination. The following Roll Call vote was taken declaring Kwang Ho Lee to serve as Planning Commissioner: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes C/Tanaka nominated Kenneth "Ken" Mok to serve as Traffic and Transportation Commissioner. C/Herrera seconded the nomination. The following Roll Call vote was taken declaring Kenneth Mok to serve as a Traffic and Transportation Commissioner: AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes C/Tanaka nominated Theodore "Ted" Owens to serve as Parks and Recreation Commissioner. MPT/O'Connor seconded the nomination. The following Roll Call vote was taken declaring Ted Owens to serve as Parks and Recreation Commissioner. AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Zirbes 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said she spoke with C/Zirbes this afternoon and wanted everyone to know that he was making his best effort to regain his strength. He sounded good and continues to work on D.B. issues at home and responds to the concerns of the residents via telephone and email. She had confidence that C/Zirbes would rejoin the Council very shortly. This past Sunday she attended the Hindu Mandier and Cultural Center Dedication. Today when different segments of the City's demographics spoke during public comments she was reminded that D.B. is a truly diverse community. A large segment of this community is Indian and hundreds of people attended the dedication of the new temple in Chino Hills. She directed comments to ACM/DeStefano that he had had a very large impact on the development of D.B. for the better as well as a large impact on her development as a Council Member. She learned a lot from him. Lastly she SEPTMEBER 6, 2005 PAGE 9 CITY COUNCIL congratulated C/Tanaka on his excellent choice of individuals who she felt would serve the community well in their positions as Commissioners. C/Tanaka congratulated his new Commission appointees and thanked them for stepping up to the challenge. He thanked the City's Public Works Department and particularly DPW/Liu and SM/Gomez who responded in a timely fashion to concerns about problems in the flood control channels and other standing water issues including concerns about the West Nile Virus. On Wednesday he, MPT/O'Connor and the Volunteer Patrol Members attended the California Contract Cities Association meeting at the Sheriff's Training and Resources Center in Whittier; Saturday August 20 he attended the Youth Baseball Awards picnic and Clinic at Heritage Park and he commended the recreation staff and volunteers for an excellent event; Sunday August 21 he attended C/Zirbes prayer service at St. Denis Church; Monday August 22 he hosted the Mayor, Vice Mayor and small delegation from China; he visited the Industry Fire Station and helped welcome the German firefighters and explorers; Tuesday August 23 he and MPT/O'Connor attended the Pomona Unified School District's new teacher orientation and met with the School Board; also on August 23 a new business opened in town — the Well Fit Natural Health Food Center; on August 25 D.B. Chamber of Commerce hosted a breakfast. The speaker was Field Representative Priscilla Hernandez who provided an update on Governor Schwarzenegger's programs and ballot issues; August 29 he and M/Chang hosted another Chinese delegation of businessmen who were interested in how the United States conducts business; August 31 he attended the Neighborhood Watch meeting at the Allegro Townhomes and helped them put together a Neighborhood Watch program; September 1 he attended the Senior Citizens Club Representatives meeting that included the Diamond Age Group, the Evergreen Seniors, the Sunshine Group and the D.B. Seniors Group; later that evening he attended the D.B.H.S. Rodeo Roundup with M/Chang and the League of California Cities LA County Division at the Metropolitan Water District office; September 6 — at today's meeting the D.B. Seniors donated $500 and collected an additional $1,289.50 for a total of $1,789.50 to be donated to the American Red Cross for the Katrina Hurricane disaster; later that afternoon he and his wife Wanda attended D.B.H.S. Club Rush week and attempted to sign up new Leo members. After seeing the devastation of the New Orleans area he is very thankful to be living in D.B. and asked that residents keep everyone including C/Zirbes in their thoughts and prayers. MPT/O'Connor wished ACM/DeStefano the best. She knew that it was a career move for him and knew that he had feelings about D.B. that would remain with him. She echoed C/Herrera's thoughts that he had also provided MPT/O'Connor with a great deal of guidance. She thanked him for his expertise and said that Chino Hills would benefit from his presence. She felt that all the school districts would be involved in fundraising for the hurricane Katrina disaster. Residents have ample opportunity to find a place to donate including the City offices. Diamond Ranch High School Team has a $10 card that lists the support of many SEPTMEBER 6, 2005 PAGE 10 CITY COUNCIL local businesses and offered that she had cards on consignment that individuals could purchase. She wished C/Zirbes a very speedy recovery. The Council Members miss him on the dais and hope that he would be back with the Council at the next meeting. M/Chang said it was heartbreaking to witness the almost total devastation that hundreds of thousands of citizens suffered during the Katrina Hurricane. Few could imagine when they went to the Superdome that they would not be returning to their homes the next day. According to reports 450,000 residents of Louisiana, Alabama and Mississippi lost their homes and personal belongings and this is a time when America and the world should come together to lend those individuals a helping hand. Please send money only to reputable organizations. He thanked his fellow Council Members for their good work. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 8:43 p.m. wishing C/Zirbes a speedy recovery and in honor of the victims of Hurricane Katrina. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of 2005. WEN CHANG, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 23, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners, Dan Nolan, Tony Torng and Steve Tye. Also present: Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3 4 10 APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of July 12, 2005. VC/Low moved, C/Torng seconded to approve the Regular Meeting Minutes for July 12, 2005 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS OLD BUSINESS: None 11. NEW BUSINESS: None VC/Low, Torng, Tye, Chair/McManus None Nolan None AUGUST 23, 2005 PAGE 2 PLANNING COMMISSION 12. PUBLIC HEARING(S): 7.1 VARIANCE NO. 2005-02: In accordance with Code Section 22.54 this was a request to construct two retaining walls with a maximum exposed height of 10 feet and 10 feet two inches within the rear yard. The purpose of the retaining was to repair a slope failure and hold the slope in place. PROJCECT ADDRESS PROPERTY OWNER/ APPLICANT: 23929 Ridgeline Road Diamond Bar, CA 91765 Edward Layton 23929 Ridgeline Road Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended that the Planning Commission approve Variance No. 2005-02, Findings of Fact and conditions of approval as listed within the draft resolution. VC/Low asked where the walls would be placed within the property and where the slopes were located in relationship to the perimeter of the property. AssocP/Lungu used an aerial map to respond to VC/Low. VC/Low asked if any trees would be impacted as a result of the walls. AssocP/Lungu responded that a Walnut tree was destroyed because of excessive mud. However, n this instance the property owner was exempted pursuant to the Development Code Standards for loss of that tree. There are other trees on the slope that Mr. Layton planted and to her knowledge there were no protected trees in the immediate area. C/Tye said that in his opinion the aerial photo was so old that it did not reflect the current conditions. Having visited the site today he witnessed that the slide had destroyed all vegetation down to bare stem and it did not appear that any trees would be impacted where the property owner planned to construct the walls. He said that it was obvious to him that the two geogrids would be landscaped C/Torng felt that a 10 foot wall was very tall and wondered if the thickness would be increased to adjust to the height of the wall. He wanted to know the details of the landscape plan. AssocP/Lungu stated that staff brought this matter to the Planning Commission as quickly as possible for action because of the urgency of the situation. As it has been done in the past, staff conditioned the resolution for the applicant to submit landscape/irrigation plans and called for the use of plant material that would help stabilize the slope to an even greater extent. Before permits are issued the property owner is required to submit the landscape plan AUGUST 23, 2005 PAGE 3 PLANNING COMMISSION for staff's review and approval. With respect to the 10 foot wall, the soils report is being reviewed. Mr. Layton received comments and with approval of the soils report the walls would be structurally plan checked by the city's Building and Safety division. In addition, there will be inspections, grading permits, and a grading plan that must be approved prior to construction. Edward Layton, property owner, responded to C/Torng that this was a geogrid system and as such the wall outside of height and crushing weight of block on top of block had nothing to do with holding the dirt back. The wall was intended only to keep it from unraveling with water flowing over it. The geogrid that goes down into the soil on two -foot levels is what holds the fill in place and there are three different qualities of rock that are used in the fill. Mr. Layton said that what matters is not the thickness of the wall but how it goes back into the geogrid. Mr. Layton responded to C/Nolan that this was the first time in 25 years of living at the property that he has had this type of a problem. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, C/Tye seconded to approve Variance No. 2005-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tye, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: C/Torng said his friends who live in the 91789 zip code area are very pleased about being incorporated into the City of Diamond Bar and zip code 91765. C/Nolan said it was good to be back in the flow of things and looked forward to the Commission having a productive Fall. C/Tye asked what was occurring with the Chary Dagam project on 22604 Ridgeline. AssocP/Lungu responded that the applicant had been allowed to work AUGUST 23, 2005 PAGE 4 PLANNING COMMISSION on certain area of the residence that were not affected by items staff would be bringing back to the Commission for further consideration. Staff is waiting for the applicant to provide the City with sets of plans that reflect the actual setbacks as the property was surveyed, payment of additional fees, and a grading and site plan that match each other. C/Tye asked if the increased front yard setback caused the project to encroach on an area in the rear. AssocP/Lungu responded that in the basement area store rooms were added that were not included in the plans and it added about 1200 square feet to the size of the house. The rear yard setback might encroach further into the rear area but she would have to check it to make sure. A land surveyor surveyed the height because it appeared the elevations had changed from what was shown on the grading plan. However, the survey indicated that the height does not exceed the 35 feet from the natural or finished grade for the entire perimeter of the house. 9. STAFF COMMENTS/INFORMATION ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 7:30 p.m. Respectfully Submitted, James DeStefano, Assistant City Manager Attest: Joe McManus, Chairman Agenda No. 6.3.1 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION REGULAR MEETING OF JUNE 9, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice Chair Torng and Commissioners Morris and Shah. Commissioner Virginkar was excused. Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer and Debbie Gonzales, Administrative Assistant. I. APPROVAL OF MINUTES A. Minutes of Regular Meeting of April 14, 2005 — Approved as presented with C/Morris and VC/Torng abstaining. B. Minutes of Regular Meeting of May 12, 2005 — Approved as presented with C/Shah and Chair/Pincher abstaining. II. PUBLIC COMMENTS: None Offered. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update — Received and filed on the following items: 1. Citations: May 2005 2. Collisions: May 2005 V. OLD BUSINESS: A. Neighborhood Traffic Management Program Progress Report - Received and Filed. PWD/Liu reported that to date staff had conducted twelve (12) community workshops within the five residential districts. Residents' primary concerns include speeding motorists as well as traffic volume and school related issues and they felt those items needed immediate action. Staff is also June 9, 2005 PAGE 2 T&T COMMISSION seeking input on how to move forward with the school traffic related issues as to whether it should be a focus or an element of the program. Staff plans to bring recommendations to the Commission in July that staff believes will serve as mitigation tools based on input from the residents, the consultant and staff. He noted that the proposed Capital Improvement Program sets aside $25,000 per district for improvements within each of the five districts. The next step for the Commission is to discuss the proposals with staff prior to going back out to the community with possible pilot programs. C/Shah felt that money could be moved from one district to another depending on the severity of the need for mitigation. C/Morris agreed with C/Shah and said he felt the School Safety Study should be included in the report for budgetary purposes to deal with such issues as morning cut -through traffic. He felt strongly that it would be fiscally prudent to deal with the issues at Prospectors Road and Golden Springs Drive and at Sunset Crossing Road and the off -ramp from the SR -57 by including center median improvements to discourage freeway traffic from making right turns from the SR -57 freeway. VC/Torng agreed with C/Morris. He hoped that the consultant had conducted his own research rather than relying on input from the residents because he viewed this project as one that should improve the City's overall calming by incorporating a global rather than a local view. Instead of separating the project into districts the City should take this opportunity to at least provide a grand scale proposal and budget the necessary funds for future mitigation. VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS: None VIII. ITEMS FROM COMMISSIONERS: C/Shah congratulated staff on the right turn on red extinguishable sign installation at the Diamond Bar Center. He believed that the design was very appropriate to the field condition. He asked for an update on the City of Industry's plan to widen Grand Avenue and asked if the City planned to install cameras for purposes of monitoring traffic. He said he noticed too many vehicles turning left from Grand Avenue onto southbound Diamond Bar Boulevard in the early hours of the day. He also said he found it difficult to make a right turn from southbound Diamond Bar Boulevard onto westbound Grand Avenue because people make U-turns and it creates a conflict when pedestrians are trying to cross Diamond Bar Boulevard. He wondered if it would be possible to consider a protected right turn in order to avoid the conflict. C/Shah asked if Caltrans indicated they would be widening the Grand Avenue overpass of the SR 57/60 interchange. PWD/Liu said that there is further analysis June 9, 2005 PAGE 3 T&T COMMISSION prepared and impacts must be taken into consideration before any work can proceed. The City of Industry will pay for the cost of the consultant to develop the plans and for the environmental documents for the project. C/Morris informed staff that the French drain on Golden Springs Drive east of Rancheria Road at the edge of the Northminster Presbyterian Church property is covered with algae and needs to be cleaned. He said that one of his meetings at his school in Phillips Ranch was canceled because residents were at the Pomona City Council to discuss a potential low cost housing development in the Elephant Hill area between the Humane Society and Temple Avenue and should such a development occur the homeowners/residents would look to Diamond Bar for services. C/Morris said he would plan to attend the July Commission meeting and would be on vacation and away during the August 2005 meeting. Chair/Pincher said she agreed with C/Morris about Sunset Crossing Road. It is a gateway to the community and not a cut -through. Also, it seems that some residential areas are more impacted by school traffic than others on a daily basis so in her opinion, the school issue should be included in the study. She thanked staff for the excellent report and looked forward to learning about the Neighborhood Traffic Management Program recommendations. VC/Torng said he received a complaint from a resident who felt that it took too long to turn from Mt. Laurel Way onto Diamond Bar Boulevard. VC/Torng said he noticed that a left turn signal was included on the Capital Improvement Project list and felt that might solve the problem. He said he would report back to his friend. He noticed that there is a lot of U-turn and left turn activities at Pathfinder Road and Brea Canyon Road. He suggested that because of the SR57/60 improvements it was placing undo burden on the area. Some individuals have suggested two left turn lanes to avoid the yield for the left turn on green. PWD/Liu responded to VC/Torng that staff has been studying the Pathfinder Road and Brea Canyon Road intersection and that the initial request was to add a second right turn from westbound Pathfinder Road to northbound Brea Canyon Road. When the study is completed there may be a change from protected permissive to left turn green arrow at the intersection for eastbound Pathfinder Road to northbound Brea Canyon Road. Chair/Pincher spoke about the Caltrans on-ramp to the southbound SR57. When stopped in the left -turn pocket traveling west on Pathfinder Road waiting to turn onto the on-ramp, the arrow turns green and if you are lucky there are no cars coming from eastbound Pathfinder Road and flying onto the on-ramp. When initiating a left turn onto the on-ramp it puts the vehicle immediately into the carpool only lane. If there are a lot of vehicles traveling from southbound Brea Canyon Road to eastbound Pathfinder Road and drivers from westbound Pathfinder road turn left onto the on-ramp there is no way to move over to be legal. In her opinion, there should be two regular traffic lanes rather than one regular traffic lane and one carpool lane. June 9, 2005 PAGE 4 T&T COMMISSION Chair/Pincher felt that the on-ramp was very short and the competition from the drivers coming off of Brea Canyon Road onto the on-ramp off of Pathfinder Road were gaining momentum and did not want to merge. Once on the freeway one has to accelerate very carefully due to the pitch and curve of the freeway. C/Morris said that the SR60 on-ramp going eastbound at Diamond Bar Boulevard also has a carpool lane and he believes the carpool lanes are relatively useless. He felt that carpool lanes on on -ramps could serve a purpose but to have them just for the sake of having them puts drivers at risk when they are the only person in their vehicle because they become "stuck" in the carpool lane and risk citations. He suggested that the issue should be re-evaluated by Caltrans. PWD/Liu explained that the City had attempted for many years to work with Caltrans on the issues brought forward by the Commissioners. He said that almost all on -ramps have the same issues. One way to get Caltrans to respond might be to ask them to make changes based on the current construction activities. C/Morris suggested that the elected officials at the state level might be able to assist with these issues. Another Caltrans issue was the striping on Phillips Ranch Road from the underpass to Diamond Ranch Road. Chair/Pincher said she was concerned about jaywalking at Diamond Bar High School on Brahma Blvd and wondered why there was no crosswalk. SE/Alamolhoda said that during the project design, due to the timing of the three signals along Pathfinder Road, it was determined it would not be installed so as not to conflict with the traffic flow. Last year the Sheriff's Department ticketed a number of jaywalkers and the problem stopped and staff will ask the Sheriff's Department to again monitor the area when school commences in the fall. IX. INFORMATIONAL ITEMS: A. Proposed FY 2005/06 Capital Improvement Program PWD/Liu referred the Commissioners to the list that includes street improvement projects, traffic control improvements, parks and recreation improvements and miscellaneous expenditures for a total of approximately $8.4 million. The funding sources include General Fund, Prop C and federal and park funds. This year staff included decision packages totaling approximately $569,000 that requires City Council approval. Included are landscape improvement projects for Prospectors Road and Sunset Crossing Road Parkway improvements and Prospectors Road from Sunset Crossing Road to Golden Springs Drive. June 9, 2005 PAGE 5 T&T COMMISSION B. Caltrans 57/60 Freeway Construction Project SE/Alamolhoda reported that last week Caltrans cleaned up a considerable amount of graffiti. There were no major project changes to report since the May meeting except that Edison had completed relocation and installation of a new facility at the location of the new on-ramp to SR60 at Brea Canyon Road. The project continues to move forward ahead of schedule. Chair/Pincher felt it would be beneficial to place someone in the construction area at night to catch the graffiti perpetrators. SE/Alamolhoda responded that the Sheriff's Department was looking into the matter and that they believed it was the work of a Rowland Heights gang. C/Shah said it was very difficult to catch individuals in the act. C/Morris said that some jurisdictions offer rewards and that it has spawned a mini bounty hunting opportunity. Individuals get pictures of the perpetrators, get license numbers, etc. so that they can claim the reward when the offenders are arrested and restitution is sought. C/Shah said the only way to stop graffiti was to clean it up as quickly as possible. C. Neighborhood Traffic Management Program (NTMP) SMA/Gomez updated the Commission on the last four neighborhood meetings. Consultant Joe Faulter proposed parking lanes, speed cushions and raised medians along Gold Rush Drive, Fountain Springs Road, Cold Spring Lane and a portion of Crooked Creek Drive. These areas were reviewed with traffic speed and volume counts and the consultant reviewed and surveyed the streets and monitored the traffic in every district at various times of the day. Due to limited funds one or two streets will be chosen for mitigation in each of the five districts. Staff will take the Commission on a virtual tour of the five areas in July 2005. Chair/Pincher recalled that the residents were in favor of stop signs at Prospectors Road and Sunset Crossing Road and there was a discussion about traffic problems and a suggestion that a median be installed to slow the traffic. As she recalled those in attendance at the Commission meeting were very much in favor of the installation. X. SCHEDULE OF FUTURE CITY EVENTS — as adgendized. XII. FUTURE AGENDA ITEMS: None ADJOURNMENT: With no further business to come before the Traffic and June 9, 2005 PAGE 6 T&T COMMISSION Transportation Commission, Chair/Pincher adjourned the meeting at 8:28 p.m. Respectfully, David G. Liu, Secretary Attest: Chair Liana Pincher Agenda No. 6.3.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION SPECIAL MEETING OF AUGUST 4, 2005 CALL TO ORDER: Chairman Pincher called the special meeting to order at 5:33 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Virginkar led the Pledge of Allegiance. ROLL CALL: Present: Chairman Pincher, and Commissioners, Shah, Shay and Virginkar. Commissioner Morris was excused. Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer and Debbie Gonzales, Administrative Assistant. I. PUBLIC COMMENTS: None Offered. II. CONSENT CALENDAR: None III. OLD BUSINESS: A. Neighborhood Traffic Management Program — Presentation of proposed action plan for five (5) districts. SMA/Gomez presented staff's report on the Pilot Projects for the Neighborhood Traffic Management Program (NTMP) introduced to the residents in January 2005. Prior to that time the City was divided into five districts to make it more manageable. For this fiscal year Council approved $125,000 ($25,000 per district) for mitigation measures. The slide presentation represented input received from residents during meetings held at each of the five areas. SMA/Gomez stated that staff's recommendation was for the Commission to concur with staff to install the pilot projects for the five (5) NTMP districts. Once approved staff will send out press releases to the newspapers advising residents that the projects will commence. When the pilot projects are installed, signs will be installed at the entrance to each of the five neighborhoods stating the area is a Pilot Project for the NTMP. SMA/Gomez stated that the majority of concerns from the residents in the AUGUST 4, 2005 PAGE 2 T&T COMMISSION SPECIAL MEETING northern area were cut -through traffic coming off SR -57 and speeding through the City. The same was true of Prospectors Road. DPW/Liu said that literally thousands of residents on a neighborhood -wide basis were invited to attend the neighborhood meetings. SMA/Gomez stated that the following suggestions for the westerly portion were proposed by residents: Place red light cameras at Diamond Bar Boulevard and Sunset Crossing Road; complete the overpass between the SR57/60; resurface Gentle Springs Lane (to be completed this year under CIP projects); repair sound wall near Prospectors Road and the SR60 overpass (fixed by Caltrans); extend the sound wall by an additional 80 feet. SMA/Gomez stated that the following suggestions were offered for the easterly area from Diamond Bar Boulevard midway into Sunset Crossing Road just short of Prospectors Road: Install parking lanes along each side of Sunset Crossing Road to visually narrow the road and cut down on the speeding; install striped center medians for narrowing the street. Traveling further west on Sunset Crossing Road toward Prospectors Road, continue the parking lanes on both sides of the street and a painted center median. Prospectors Road from Sunset Crossing Road south to Dry Creek Road: install speed cushions where the grade permits. SMA/Gomez reported that in order to consider any of the mitigation measures staff would have to survey the roads and streets to determine location of catch basins, driveways, etc. before speed cushions or other traffic calming devices could be installed. SMA/Gomez continued with the middle third of Prospectors Road: Continue installing speed cushions where the grades and survey permit. In the final third of Prospectors Road down to Rock River Road and the SR -60, install speed cushions to slow traffic on the downgrade to the freeway underpass down to Golden Springs Drive. SMA/Gomez reported that the estimated cost to paint the striped median and parking lanes on Sunset Crossing Road and installation of approximately nine speed cushions would be within the $25,000 set aside for the area. Prospectors Road is a CIP project for design of pavement rehabilitation and it would be cost effective to include installation of the speed cushions within the design project. PWD/Liu responded to C/Virginkar that the proposed mitigation measures were the result of input from the residents, consultant and staff. SMA/Gomez stated that when the City proceeds in the future with the NTMP, there would be a petition process that would require a 67% majority consensus of the residents living along the affected street. However, this is a pilot project and would be implemented without that majority process. AUGUST 4, 2005 PAGE 3 T&T COMMISSION SPECIAL MEETING SMA/Gomez continued with suggestions for the lower section of Sunset Crossing Road near Diamond Bar Boulevard: Install a sign at both ends of Sunset Crossing Road (Diamond Bar Boulevard and Golden Springs Drive) advising drivers that they are entering a residential street and that they should obey the laws. Parking lanes, striping and speed cushions will be installed along the street to visually narrow the street and render it more difficult to speed. The difference between a speed cushion and speed hump is that a speed cushion has breaks in the center to allow for wide axle vehicles (fire trucks, trash trucks, etc.) to move smoothly through the area. SMA/Gomez reported the proposed measures for the center portion of Sunset Crossing Road to Del Sol Lane: continue installing parking lanes and striping and speed cushions where the grade permits. To complete Sunset Crossing Road from Del Sol Lane to Golden Springs Drive, the proposed measures are a continuation of parking lanes, striping, speed cushion and an entry sign. SMA/Gomez said that residents perceive cut through traffic as coming from outside the area. Instead, it is actually their neighbors who cut through their neighborhood from other areas. The total cost for striping, parking lanes, speed cushions and signage was slightly in excess of $31,000 for this area. SMA/Gomez reported on the green area — Pathfinder Road south to the Brea Canyon Road border: Based on comments from the residents, Fountain Springs Road has cut -through traffic coming from SR -57 at Pathfinder Road, continuing south on Brea Canyon Road to Fountain Springs Road. The conceptual plan for the easterly half of Fountain Springs Road between Diamond Bar Blvd. and Castle Rock Road includes speed cushions and narrowing of the road with Texas dots and striping. Texas dots are approximately 6-8" in diameter and are 2 '/2 to 3" high. The most effective and enduring material is ceramic filled with resin. The less desirable material is a rubberized material. The street sweeper cannot go over the Texas dot so he will lift the brushes leaving some debris in the area. Conceptual mitigation for the westerly half of Fountain Springs Road from Castle Rock Road to Brea Canyon includes speed cushions (beginning at approximately Sunbright Drive). Proposed measures for Castle Rock Road close to the Castle Elementary School and problems with congestion during school hours are: install speed cushions to slow the traffic and prevent U-turns; install Texas dots down the center lane to prevent U-turns. Total cost estimated to be within the $25,000 budget. Third Area (orange) — bounded by Diamond Bar Boulevard, Grand Avenue, SR60 and the City's easterly boundary: Residents were concerned about speeding along Rancheria Road and Jubilee Lane where there is no centerline striping and no stop signs on the side streets as they enter Rancheria Road. Residents asked for cul-de-sacs in the area. Staff intends AUGUST 4, 2005 PAGE 4 T&T COMMISSION SPECIAL MEETING to introduce a new traffic -calming device, the mini -traffic circle at two locations on Rancheria Road at Casa Loma Drive and Jubilee Lane. Drivers would be educated that all vehicles must yield to traffic on the left. On Jubilee Lane, staff proposes the installation of speed cushions subject to the downhill grade and continue the median with painted striping and Texas dots at the end to further delineate the road. The area of Golden Prados Drive on the east side of Golden Springs Drive, was also reviewed. There are no side streets on the lower portion of Golden Prados Drive as one proceeds toward Great Bend Drive, so staff is suggesting speed cushions for the area subject to the downgrade. Pink Area (the middle of the City) between Grand Avenue and Pathfinder Road: Staff intends to key into the Maple Hill School area for the pilot program. Further, staff recommends installation of speed cushions to slow the traffic in front of the school on the downhill curve to Diamond Bar Boulevard; install a raised/textured crosswalk; add red curbing in the area of the raised crosswalk and install speed cushions on Eaglefen Drive downhill from Birdseye Drive to Maple Hill Road. Cost estimated to be within budget. Blue Area (northeasterly) — Brea Canyon Road/Golden Springs Drive: Concerns — speeding and cut through traffic: Install speed cushions along Lycoming Street on both sides of the mobile home park ingress/egress; install raised/textured crosswalk with Texas dots at the intersection at Glenwick Avenue and consider a new traffic circulation program in conjunction with Walnut Elementary School. Flintgate Drive — vacant land abutting the freeway. Staff intends to require that traffic mitigation measures be incorporated into future commercial construction. SMA/Gomez reported that the residents were impressed with the proposed pilot projects and staff intends to stay within this year's fiscal budget amount of $125,000. Staff chose one or two areas for pilot projects from each district. Staff recommends that the Traffic and Transportation Commission recommend the pilot projects to Council for approval and appropriation of budget funds for implementation in the five NTMP Districts. Staff will provide a manual to each Commissioner for perusal prior to the next Commission meeting. If the project is approved, staff will begin developing articles for the City News and develop a video for DBTV. PWD/Liu concurred with Chair/Pincher that this has been an almost two- year process. C/Shah said he liked the presentation and especially liked the introduction of the traffic circle because in many countries they work very well. Yesterday he viewed a traffic circle in Thousand Oaks and was impressed AUGUST 4, 2005 PAGE 5 T&T COMMISSION SPECIAL MEETING with what he saw. It seems that there are too many speed cushions recommended on several streets and perhaps staff would consider limiting speed cushions to the areas near schools. He also questioned the effectiveness of a sign that read, "please drive carefully" and felt the City could save money by eliminating the sign. He was concerned about the raised crosswalk and a speed cushion being in very close proximity on Lycoming Street. In his opinion, a short median does not work well because if drivers are not paying attention they tend to hit the median and felt the median should be longer and wider at Lycoming Street. He liked the idea of a textured crosswalk and believed it could work very well. He reiterated that he was very pleased about the team's work. C/Shay concurred that SMA/Gomez made a magnificent presentation. He was amazed that the City could move forward with the pilot project and stay within the budget amount of $125,000. Two major issues were cut through traffic and speeding and he felt that the majority of mitigation measures would help to nullify speeding. However, he did not believe that many drivers would avoid cutting through certain areas and law enforcement would have to be called in to help with the problem. If cut through traffic is not eliminated, only a portion of the safety problem is eliminated. People in a hurry that drive recklessly at the wrong time may accentuate the problem of safety because they are out of control. He also concurred with staff's statement that upon further evaluation the number of speed cushions could be reduced. He asked for clarification about safety vehicles being able to circumvent the speed cushions and wondered why a vehicle would not be able to do the same thing. SMA/Gomez explained that the speed cushions are broken in such a way that a wide -axle vehicle could go between the humps whereas a smaller passenger vehicle could not circumvent the cushion because at least one side of the vehicle would have to traverse the cushion. C/Virginkar complimented staff and the consultant for their great effort. He was comfortable that the proposed mitigation measures would achieve their intended purposes. He concurred with C/Shah's comments and concerns. He felt that a speed cushion would not be necessary for the exit in zone 5 and perhaps all speed cushions should be eliminated from all exits. He also felt the raised crosswalk and speed cushions were too close in proximity. One general concern about crosswalks is that crosswalks tend to provide a false sense of safety and by texturing the crosswalk it is further highlighted and he was concerned that the driver might not be aware he was approaching the crosswalk. He agreed that signs asking drivers to drive carefully would be somewhat ineffective because the streets were filled with too many signs. Regarding Sunset Crossing Road and the installation of a striped center median, he wondered if it would be preferable to have a raised island median that would send a strong signal that drivers could not cross over to the opposite side of the street. He asked why staff was not proposing to install speed humps instead of speed cushions and whether AUGUST 4, 2005 PAGE 6 T&T COMMISSION SPECIAL MEETING this was creating new criteria. PWD/Liu explained that the use of speed humps is part of the program. In fact, speed humps are tools (an adopted program) included in the manual for the traffic management program. The introduction and added benefit of speed cushions is a compromise with the County's concern about the reduction in response time for safety vehicles. The cost is about the same for speed cushions as it is for speed humps and the criteria is almost the same. C/Virginkar felt that criteria should be modified to include speed cushions. DPW/Liu responded that the City would introduce a toolbox of measures and physical devices with this Neighborhood Traffic Management Program for consideration. Currently, the only physical device approved by City Council to date was speed humps. C/Virginkar asked if striping for street parking to narrow a street had been done in other cities. DPW/Liu said that paint has been used to strip parking in many jurisdictions. In this case, the City is taking small steps. If the painted lines do not work staff will move on to the next step after the six month study identifies the outcome. C/Virginkar felt that by using Texas dots the point would be driven home that the parking lanes were a serious mitigation measures. DPW/Liu said that Texas dots are not pretty. Staff believes it is prudent to take small steps and get the residents to buy into the program and support the use of physical devices. C/Virginkar asked why staff preferred Texas dots to Botts dots. DPW/Liu explained that Texas dots were much larger and more difficult to traverse. C/Virginkar asked if the Sheriff's Department would be able to issue citations to drivers who ignored the parking strips and DPW/Liu responded "absolutely" - all of the pilot projects will be supported by the Sheriff's Department. C/Virginkar said that in his opinion the mini -circle was a great idea and felt it could and should be used in many of the areas throughout the City and that the mini -circle should be built up as high as possible without obstructing views. C/Virginkar said he agreed somewhat with C/Shah that a short median island was not effective but believed it was more effective than Botts dots or striping and that wherever possible, the length of the median should be extended. Chair/Pincher asked if Sunset Crossing Road residents, upon witnessing the effectiveness of the pilot program could ask for permanent enhancements such as requesting median heights to be raised, landscaped, etc. in order to make their street a gateway into the northern end of the City. PWD/Liu responded that all requests would be considered. In fact, residents of that area have been expecting the City to propose some type of traffic mitigation and beautification to solve a chronic situation. Chair/Pincher felt that the location of Botts dots on the north side of Fountain Springs Road off Diamond Bar Boulevard might be too close and that the speed cushion should be moved closer to Crooked Creek Drive. SMA/Gomez said that a physical survey of the streets would be required before the proposed measures could be instituted. For example, in the area of concern there are commercial entries, an overpass to the storm drain channel, fire hydrants, AUGUST 4, 2005 PAGE 7 T&T COMMISSION SPECIAL MEETING residential driveways, etc. that must be taken into consideration. Chair/Pincher was concerned about the standing water in the gutter and the possible conflicting use of Texas dots. SMA/Gomez said that staff was aware of settling in that older area of the City and the inherent problems with respect to street maintenance. Chair/Pincher wondered how much the crosswalk that crossed Lycoming Street was utilized and if there should be a more defined crosswalk across Glenwick Avenue. SMA/Gomez said that many students cross Lycoming Street with their parents during peak morning and afternoon school hours and there are many who cross at Glenwick Avenue as well. C/Shay commented that the biggest challenge facing the City is attempting to control what amounts to too many cars. Human behavior dictates that people look for a way to circumvent new features and typically that behavior results in breaking the law. Therefore, it is very important for law enforcement to buy into this equation. He was concerned that medians could lead to new problems and he believed that the proposed mitigation measures would have to be looked at very delicately prior to implementation. C/Shah suggested that stop signs in certain areas like the stop sign on Montefino Drive might work better than speed humps. He said he liked Texas dots for the parking lanes because it would be a cheaper solution and prevent people from crossing over parking lanes. His opinion was that traffic circles work and people generally respect such features and those who break the law will do so regardless of what measures are taken. In conclusion he asked staff to consider three options: speed cushion versus the stop sign or number of speed cushions; installation of "please drive safely" signs and whether or not it was cost effective, and if speed cushions are installed close to a raised crosswalk study the area to make sure the installations are safe. He thanked staff for a job well done. C/Virginkar moved, C/Shay seconded to accept staff's recommendation to install the pilot projects for the five (5) NTMP districts with the provision that the Commissioner's comments be included in the recommendation to Council. SE/Alamolhoda said it was his understanding that all of the Commissioners and residents comments and City policies were to be included in the toolbox. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Shah, Shay, Virginkar, Chair/Pincher NOES: COMMISSIONERS: None AUGUST 4, 2005 PAGE 8 T&T COMMISSION SPECIAL MEETING ABSENT: COMMISSIONERS: Morris C/Virginkar expressed his enthusiasm that this program was moving forward at a fast pace and that the residents would soon see positive action in their community. PWD/Liu said that staff was excited about the City's proactive approach and was very pleased with Council's support of the program. IV. BUSINESS: None V. STATUS OF PREVIOUS ACTION ITEMS: None VI. ITEMS FROM COMMISSIONERS: C/Shah recommended that members of ITI take this item to their next meeting. He said he noticed that workers were walking along the edge of the medians and felt that it presented a safety hazard. Also, when a lane is closed, the lane delineators should start further back to better warn traffic in advance of the situation. VI. INFORMATIONAL ITEMS: VII. SCHEDULE OF FUTURE CITY EVENTS — as adgendized. IX. FUTURE AGENDA ITEMS: None ADJOURNMENT: With no further business to come before the Traffic and Transportation Commission, Chair/Pincher adjourned the meeting at 7:31 p.m. Respectfully, David G. Liu, Secretary Attest: Chairman Liana Pincher Agenda No. 6.3.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING AUGUST 11, 2005 CALL TO ORDER: Chairman Pincher called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Virginkar led the Pledge of Allegiance. ROLL CALL: Present: Chairman Pincher and Commissioners Shay and Virginkar. Commissioners Morris and Shah were excused. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer; Michelle Chan, Senior Administrative Assistant and Debbie Gonzales, Senior Administrative Assistant. I. SELECTION OF A VICE-CHAIRMAN FOR THE TRAFFIC AND TRANSPORTATION COMMISSION. Commissioner Virginkar nominated Commissioner Shah. Commissioner Shay seconded the nomination. There were no other nominations offered. Upon unanimous consent, Commissioner Shah was elected Vice Chairman of the Traffic and Transportation Commission. II. APPROVAL OF MINUTES: 1. Minutes of June 9, 2005. (Continued to September 8, 2005) III. PUBLIC COMMENTS: None Offered. IV. CONSENT CALENDAR: None. V. ITEMS FROM STAFF: A. Traffic Enforcement Update - Received and filed on the following items: 1. Citations: July 2005 2. Collisions: July 2005 3. Future Deployment of the Radar Trailer August 11, 2005 PAGE 2 T&T COMMISSION August 11, 2005 PAGE 2 T&T COMMISSION VI. NEW BUSINESS: A. Traffic Concerns at the Cimarron Oaks Condominiums, Golden Springs Drive between Sylvan Glen Road and High Knob Road. SMA/Gomez presented staff's report and recommended that the Traffic and Transportation Commission receive public comments and concur with staff for installation of a painted median on Golden Springs Drive in front of the condominium driveway to the north of Sunset Crossing Road along with additional red curbing. Tina Elliot, 540 N. Golden Springs Dr. said that the excellent solution proposed by SMA/Gomez would cover the top portion of the complex but not the bottom portion that exits at Willow Creek Road. It is very dangerous for drivers turning southerly onto Golden Springs Drive because there is a curve in the road and the vehicles park so close to the driveway that it interferes with site visibility. She suggested painting the curbing red on Golden Springs Drive to remove three to four parking spaces and free up about 80 feet to improve the site visibility. Peter Pirritano, 600 Golden Springs Drive, concurred with Tina Elliot and the other residents that the visibility on Golden Springs Drive at Willow Creek Road was limited and dangerous for drivers exiting the complex. In fact, he witnessed several accidents in that location and felt it was a matter of time that a serious accident would occur. In addition, parents park in the area to let their children off for the school across the street and that too is dangerous for the kids. Clayton, 1070 Golden Springs, said there had been at least 4 accidents in the past 45 days in the area. It is a very, very dangerous situation whether drivers are turning left or right. A median and perhaps greater enforcement would help. Susan Knox, 1020G Golden Springs Drive, said she has lived in the August 11, 2005 PAGE 3 T&T COMMISSION complex for three years and every time she goes in and out of the complex she prays that she does not get hit. In order to make a cross -lane turn into the complex, one must sit in an open lane to wait his turn to the northbound traffic. One evening she was in the line with one car in front and one behind her waiting to turn and a driver came barreling down the street and smashed into the car behind her. She proceeded into the complex and parked in her parking slot. About five minutes later a young man came through the complex screaming for the lady in the red truck. She went out onto her deck and asked him what was the problem and he replied she caused an accident out on the street and she needed to be arrested. The police came and instructed the young man that he was incorrect. She was ahead of him and could not have caused the accident. Her point was that this is the daily scenario at her complex. No matter how many times residents look to the left, right and back to the left again, drivers never know when it is safe to pull out. Henry Aragai, 960D Golden Springs Drive said that less than a year ago the street was re -paved and there is a sign on the street between Sunset Crossing and High Knob that tells drivers in the right lane that they must turn right. In the past there was a dedicated line for the residents. The sign is present but the demarcation line is missing. He said he was hit twice in the area, once going northbound and once going southbound. Louise Latzenhiser, 530A N. Golden Springs Dr. stated that although she had never been hit she has come very close to being hit many times. In fact, she had to make a left turn to come to tonight's meeting and if the curb was painted red so that no cars could park in the area it would be a major improvement because a driver cannot see cars coming around the bend from the north. And, if vans are parked in the area it is even more dangerous and virtually impossible to get safely out of the complex. Kathy Beck, 970E Golden Springs Dr. felt there were multiple concerns with respect to the northern entrance: Traffic enforcement (speeding) and cut - through traffic. She wondered if the traffic lights could be synchronized to make sure that drivers stopped so that traffic could not gain speed coming down the hill and it would give residents an opportunity to get out of the complex. The median is important also and as previously stated, there was a right -turn lane into the complex that needs to be restored. SMA/Gomez stated that staff received a letter from Richard Chiao, 901 Golden Springs Drive Apt #A8, (Sunset Ridge) and he said he has lived in the unit for 13 years and never had a problem with parking on the side street of Golden Springs Drive. However, due to the news of having median pavement markings and red curbing on Golden Springs Drive he is very disturbed and strongly opposed to the proposed change. He is concerned August 11, 2005 PAGE 4 T&T COMMISSION that there is insufficient parking in the complex for his seven (7) vehicles and that generally even visitor parking stalls are full. C/Shay told the residents that he found it very interesting that he could fundamentally relate to many of the problems expressed and that it appears to him the two big concerns are blind spots and speeding. For law enforcement to be effective there has to be something for them to enforce. He asked if it would be possible to put a stop sign in the proximity of the ingress/egress so that law enforcement could be deployed. C/Virginkar asked staff to comment on why the right turn lane was not repainted on the street. DPW/Liu said he could not remember the specifics but he did remember the right turn lane as indicated on the aerial maps from three years ago. The lanes may have been removed because of the street parking. SMA/Gomez responded to C/Virginkar that parking on both sides of the street from Sunset Crossing Road to High Knob Road would be eliminated if the median was installed. PWD/Liu indicated to C/Shay that it was not a common practice to install stop signs along arterials. Stop signs could be used as an interim measure but that it was not usually done in Southern California. C/Virginkar asked if Golden Springs Drive and Willow Creek Road intersection had come before the Commission previously as a request for a traffic signal and PWD/Liu said he could not recall that it had. C/Virginkar said he understood the residents' comments and felt the issue was more complex in this area than in other areas of the City where traffic signals and stop signs were warranted. His initial reaction was to concur with staff's recommendation with a modification to add red curbing to the driveway across from Willow Creek Road. He suggested adding this matter to the NTMP for the broader area of concern. In the alternative, the proposed mitigation could be done at this time with enhanced traffic barriers to be considered as separate phases within the NTMP. He concurred that increased enforcement could help and he was very concerned that there had been four accidents within the past 45 days. C/Shay said that whenever he hears lives and safety may be at stake, it gets his attention and he encouraged staff to look at this situation in terms of immediate, short-term and long-term mitigation. It is a petrifying experience when drivers are unable to safely make right and left turns out of their August 11, 2005 PAGE 5 T&T COMMISSION I&I neighborhoods without the fear of being hit. C/Virginkar asked if staff could offer Mr. Chaio an alternative solution for his parking concerns. Chair/Pincher said that in her opinion it was a matter of safety over parking. She felt staff's recommendation was a good first step and perhaps down the road something else could be done. She wondered if it would be good to reinstate the painted right -turn lane and she would like to have staff request extra enforcement. She also wondered if the traffic signals could be tweaked. C/Virginkar moved to concur with staff's recommendation for installation of a painted median on Golden Springs Drive in front of the condominium driveways to the north of Sunset Crossing Road along with additional red curbing. C/Shay seconded the motion and requested an addendum to the effect that staff be directed to continue to communicate and investigate the situation to find out what the next step would be to solve the overall problem. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Shay, Virginkar, Chair/Pincher None Morris, Shah PWD/Liu stated that if there was no reason for eliminating the painted right - turn lane it would be reinstated. Chair/Pincher thanked the residents for their input OLD BUSINESS: A. Manual for Implementation of Neighborhood Traffic Management Program in the City of Diamond Bar. SMA/Gomez presented staff's report and recommended the Commission review the manual for implementation of the NTMP. C/Shay wanted to know under what circumstances this manual would be given to residents for review. SMA/Gomez responded that this program is for neighborhood traffic only and does not apply to arterials. For example, yesterday she received a request from a resident living close to Golden Springs Drive and Rancheria Road who indicated he has a problem with speeding on his street and wanted speed humps as a solution. In this instance, she would briefly explain the program to the resident and hand him the packet and explain what he could do to affect change on his street August 11, 2005 PAGE 6 T&T COMMISSION and in his neighborhood. C/Shay said he liked staff's approach of challenging the residents to come together to assist the City in making the neighborhoods better and felt that the number one tool in this process was education. C/Virginkar commended staff and the consultant for putting together an excellent and very user-friendly document. Chair/Pincher felt the document was wonderful and easy to read. The only comment she had was that the City has a speed hump Resolution and since speed humps were a tool that could be used in residential neighborhoods so perhaps the speed hump policy should be rolled into this program. She assumed that because there would be costs involved in any form of mitigation the matter would have to go before the City Council for approval. SMA/Gomez responded that at the beginning of each fiscal year Council approves a budget that includes an amount for NTMP and/or for speed humps. Each time funds are needed for a specific type of mitigation, the specific individual request goes to Council for project and funding approval. She referred the Commission to Page 9 of the Manual for a summary of the NTMP process. C/Virginkar asked if there was a line -item budget for speed humps and PWD/Liu responded that during the past two years $30,000 was budgeted for speed humps. Beginning with the 2005/06 budget staff asked only for NTMP funds and Council awarded 50 percent of the request. In conjunction with signalization modifications, there have been a number of left -turn modifications in recent years and about 2-3 new signals installed each year. This year's budget for traffic signals was about $2 million. SMA/Gomez and PWD/Liu continued with staff's presentation of the manual. Chair/Pincher said the document felt very friendly and she believed that a resident reading the document would feel that they had an opportunity to help make a difference in their neighborhood. PWD/Liu stated that an NTMP video was under production and staff planned to present the finished product to the Commission in the near future prior to the Council's presentation. C/Shay suggested the City publish a mass breakout article in the City Newsletter. SMA/Gomez stated that a recommendation was made to staff to possibly August 11, 2005 PAGE 7 T&T COMMISSION change the name of the manual to handbook, guidebook, guidelines or some other name. PWD/Liu said that in accordance with the Commission's request, the speed hump policy would be included in the resolution presented to the City Council. C/Shay offered that the manual should read: Planning for our Future through the Neighborhood Traffic Management Program for the City of Diamond Bar. C/Virginkar agreed that after looking at the document, it was a manual. However, C/Shay's point was well -taken and the current name was somewhat dry. The Commissioners unanimously agreed that the manual was an excellent document that needed a standout presentation format and title. Chair/Pincher suggested the manual cover should be red to help it stand out. C/Shay moved, C/Virginkar seconded to forward the manual to the City Council for adoption. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Shay, Virginkar, Chair/Pincher NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Morris VIII. STATUS OF PREVIOUS ACTION ITEMS: None IX. ITEMS FROM COMMISSIONERS: C/Shay stated that when drivers cross Grand Avenue traveling west on Golden Spring Drive, west of Gateway Center Drive and are heading down the hill the first speed sign is a 45 mph sign, the next sign prior to In 'N Out is 40 mph. That it is one of the priority spots for issuing speeding tickets. To be fair to drivers there should be a sign after the 45 mph sign prior to the 40 mph sign that indicates drivers should reduce their speed. PWD/Liu said staff would look into that recommendation. C/Shay suggested a more appropriate option might be to change the 45 mph sign to a 40 mph for consistency. C/Virginkar suggested that staff consider putting in a traffic signal at Willow Creek Road because it would be the only way to slow traffic on that portion of the street. Although the distance is only 350 feet between Sunset Crossing Road and Willow Creek Road, there are similar signals in close proximity on Diamond Bar Boulevard. C/Shay felt a stop sign would be just as effective. C/Virginkar asked for August 11, 2005 PAGE 8 a six-month report to the Commission on the mitigation effort. T&T COMMISSION SMA/Gomez responded to Chair/Pincher that the left -turn lane at Clear Creek Canyon Drive was installed two years ago and no modifications have been installed since that time. There may have been a power outage or malfunction that caused the green arrow not to engage. She said she would check with the traffic signal maintenance company. Chair/Pincher said she encountered the digital speed sign on Brea Canyon Road going north and found the placement to be perfect. On Diamond Bar Boulevard at the Von's and K -mart driveways, traffic exiting the centers there are no pavement marking for vehicles crossing Diamond Bar Boulevard as well as turning right and left. It is a very confusing and congested area. PWD/Liu responded that staff would contact the management company to see if they could follow up with a better management plan to delineate the traffic movements out of the two driveways. AE/Molina reported that Von's was remodeling their store, upgrading the parking lot and the circulation and that it might help to more properly queue the traffic. PWD/Liu asked AE/Molina to work with the Planning Department to address Chair/Pincher's concerns. X. INFORMATIONAL ITEMS: 1. Caltrans 57/60 Freeway Construction Project SE/Alamolhoda reported that 70 percent of the project was completed. Staff was just informed that the Brea Canyon Road On-ramp to the westbound SR60 would not be opened until August 2006 because Caltrans found that the water table was too high and the area must be de -watered or the design must be changed. It seems apparent that Caltrans intends to modify the design. 2. Striping of Phillips Ranch Road from SR60 to Diamond Ranch Road SMA/Gomez reported that at the June meeting C/Morris brought to staff's attention that the lane striping/center median striping needed to be repainted. She called Pomona's Engineering Department and found that they were aware of the need for re -striping and would be doing that in the near future. C/Morris also mentioned the on-off ramp areas for the eastbound SR -71 to the underpass and beyond were in need of restriping. In response, she and the City of Pomona contacted Caltrans to ask for re - striping of the area. 3. Traffic Signal Modification at Pathfinder Road and Brea Canyon Road August 11, 2005 PAGE 9 T&T COMMISSION SMA/Gomez responded to C/Shah's request for an additional right -turn lane for westbound Pathfinder Road onto northbound Brea Canyon Road. Staff was working on that matter and found that it would require re -striping as well as signal modifications to the eastbound left turn from Pathfinder Road onto northbound Brea Canyon Road. Staff intends to complete plans and drawings and obtain an engineer's estimate of costs to place the matter before Council for CIP approval. 4. Presbyterian Church Water Runoff/Cleanup SE/Alamolhada responded to C/Morris that the same night this was reported to staff the City's maintenance personnel had cleaned up the area and that the maintenance worker was asked to continue monitoring the area. 5. Development of Property North of Temple Avenue/Diamond Bar Boulevard in the City of Pomona SE/Alamolhada said that staff contacted Pomona's Planning Manager and discovered there was no development application on file. Several months ago a developer approached the property owner regarding possible negotiations to purchase and/or develop the property. Pomona held a public study session and many people from Phillips Ranch attended. Council gave no directive to staff regarding the environmentally sensitive area and the developer has not returned. If Pomona receives a proposal for development, an EIR would be required. 6. Grand Avenue/Diamond Bar Boulevard Turning Conflicts SMA/Gomez responded to C/Shah's concerns about traveling southbound on Diamond Bar Boulevard and making a right turn onto westbound Grand Avenue. Often there are vehicular conflicts because drivers who are attempting to make a U-turn from eastbound Grand Avenue to go back into the Starbuck's driveway conflict with cars turning right on red. The law states that a right turn on red can only be made if it is safe to do so and there are no other vehicles making legal turns. This intersection is part of Phase II of the Grand Avenue project slated to commence in six months or less. If modification can be made staff will take the matter under consideration. Chair/Pincher said she has observed drivers having to back up and try again to negotiate the u -turn. 7. Grand Avenue freeway Overpass Improvements by City of Industry August 11, 2005 PAGE 10 T&T COMMISSION SE/Alamolhada reported that during the July 7 kickoff meeting it was decided that the consultant would provide three alternatives for review and comment. During the meeting Diamond Bar staff indicated that it was the City's position that Grand Avenue between the bridge and Golden Springs should not be widened because of the Target and housing projects. The next meeting is scheduled for August 17. 8. Southbound SR57 Pathfinder Road On-ramp High Occupancy Vehicle (HOV) Carpool Lane SE/Almolhada stated that this is a common problem in Diamond Bar and other cities. Staff contacted Caltrans to report the problem and Caltrans responded that they would study the matter. This afternoon he received a call from Caltrans and was not able to return the call. He will report back to the Commission next month. He said he felt the response would be negative. 9. Grand Avenue Improvements Project Phases I & II SE/Alamolhada reported that construction on Phase I is well underway with the massive earth movement near completion and expected to be completed by the middle of next week. He estimated that the contractor was one week behind and Diamond Bar gave the contractor two -day's leeway. The contractor assured staff that he would be able to catch up and remain current on the project. The plans and specifications for Phase II will be submitted to Caltrans next week. Federal funds will be used for Phase III. 10. Slurry Seal Area 1 AE/Molina reported that a map of Area I was included in the July packet. The project is scheduled to begin August 17 pending availability of materials and the project is scheduled for completion on September 8. The contractor indicated the school areas would be targeted first so that the slurry seal and striping could be completed prior to commencement of the fall session. All residents are notified 10 days and again 48 hours prior to the commencement of the slurry seal application. 11. Traffic Signal Modification SMA/Gomez reported that this project will go into full swing Monday August 15. It includes the modification of three traffic signals for left turns and two full installations at Pathfinder Road and Peaceful Hills Road, and at Diamond Bar Boulevard and Maple Hill Road. Although this is a 100 day project the contractor feels that the three modifications would be up and running in a short period of time. The modification locations are: Diamond August 11, 2005 PAGE 11 T&T COMMISSION Bar Boulevard and Cold Spring Lane; Diamond Bar Boulevard and Sunset Crossing Road and Diamond Bar Boulevard to the northbound SR57 onramp. DPW/Liu introduced Michelle Chan who comes to Diamond Bar's Public Works Division from the County of Orange Road Department. XI. SCHEDULE OF FUTURE CITY EVENTS: As listed in the agenda. XII. FUTURE AGENDA ITEMS: None XIII. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Pincher adjourned the meeting at 9:25 p.m. Respectfully, David G. Liu, Secretary Attest: Chairman Liana Pincher Agenda No. 6.4 NOTICE REGARDING THE CHECK REGISTER Please note that the Check 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 909-839-7010 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. Agenda # 6.5 Meeting Date: 9/20/05 CITY COUNCIL\ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $48,000.00 FOR THE 2005/06 FISCAL YEAR. RECOMMENDATION: Approve FINANCIAL IMPACT: Funds for these services are already included in the 2005/06 fiscal year budget. These costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Inland Empire Stages Limited is a consistent low bidder and continues to be extremely professional, and is very responsive in fulfilling the needs of the City. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $33,235.00 for senior excursions and $14,500.00 for adult excursions for the current fiscal year. Currently, $6,652.00 has been expended for senior excursions and $1,589.00 for adult excursions. PREPARED BY: REVIEWED BY: Lorry Meyer, Community Services Coordinator / Seniors Bob Rose Community Services Director CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.6 Meeting Date: Sept. 20, 2005 AGENDA REPORT TITLE: Approve contract with Fairbank, Maslin, Maullin and Associates for a cost not -to -exceed $26,800 to conduct a survey determining community support to pay for a new library and appropriate the funds from General Fund reserves. C• T,RflA _ ME E It is recommended that the City Council approve the contract with Fairbank, Maslin, Maullin and Associates (FMMA) in an amount not -to -exceed $26,800 to conduct a survey that will gauge the level of community support for a new library and appropriate the necessary funds to pay for the survey. FINANCIAL IMPACT: The survey was recommended by the City's consultant developing the library bond measure educational campaign. This recommendation was made at the study session of September 6tn Since the survey was not contemplated during the budget development, there are no funds appropriated in the current budget for this expenditure. DISCUSSION: FMMA conducted a survey for the City several years ago as part of the information that was submitted to the State of California in conjunction with the Library Bond Act. Coincidently, this is the same company that was recommended by Catherine Lew, the City's consultant for the library bond educational campaign. It is beneficial to utilize the same company that conducted the prior survey since they can compare the data to the prior survey. The survey will be developed with the assistance of Catherine Lew. Once developed, the proposed survey will be provided to the City Council prior to being implemented in the community. It is our intention to keep the survey as brief as possible but still provide valuable information. PREPARED BY: Deputy City Manager Attachment TO: Dave Doyle, Assistant City Manager City of Diamond Bar FROM: John Fairbank and Rick Sklarz Fairbank, Maslin, Maullin & Associates RE: Proposal to Conduct Opinion Research DATE: September 14, 2005 Fairbank, Maslin, Maullin & Associates (FMM&A) is pleased to submit this proposal to the to the City of Diamond Bar to conduct public opinion research to assess voter support for a bond measure to provide funding for library services in Diamond Bar. FMM&A's background and experience leave the firm well-prepared to conduct this research on behalf of the Diamond Bar Public Library. Some of the most critical aspects of our research experience include: • Extensive Experience in Diamond Bar: As you know FMM&A previously provided opinion research regarding voter support for a ballot measure to fund the City's library services in 2002. Therefore, FMM&A can use its experience to design an effective survey instrument that will help the City to build a successful ballot measure and prioritize spending proposals. In addition, the survey will be able to track voter response to determine if and how public opinion has changed since 2002. Further, FMM&A conducts numerous surveys throughout Los Angeles County and Southern California and regularly polls voters in the City of Diamond Bar. • Local Finance Measures: FMM&A has conducted voter research for more than 100 bond and tax ballot measures dealing with libraries, public safety, education, health care, open space, social services, and transportation throughout the state. We understand the unique methodological and strategic considerations inherent in conducting high-quality voter research for ballot measures that require a 2/3 vote to pass. FMM&A helped pass numerous bonds, parcel taxes, sales taxes and tobacco taxes throughout the past decade. In particular, we have helped a number of cities pass library funding measures, including San Jose (November 2004), Oakland (March 2004), Saratoga (2000) and Los Angeles (1998). The firm also provided research for a statewide library bond, California's Proposition 85, in 1988. In addition, FMM&A understands the particular challenges that confront California's cities in this climate of budget constraints. In 2004, FMM&A conducted research for the California League of Cities that led to the successful passage of Proposition IA, the statewide Local Taxpayer Protection Act that safeguards local tax dollars for cities and counties. A discussion of library services is also a central component of most community surveys FMM&A conducts on behalf of local governments. FMM&A has extensive experience conducting city-wide surveys to assess residents' views of conditions in their community, measure their satisfaction with existing local government service delivery, and gauge support for new programs and policies as well as reaction to new proposed taxes. Recent projects have included community assessments for the Cities of La Habra, Irvine, Huntington Beach, Santa Ana, Oakland, Concord, Hemet, San Jose, San Luis Obispo, El Monte, Bellflower, Capitola, Sunnyvale, Redondo Beach and Torrance, the assessment of community attitudes toward the Livermore Police Department, and ongoing monitoring of public opinion regarding recycling and other Environmental Services Department programs for the City of San Jose. FMM&A has also conducted "customer satisfaction" studies in the cities of Santa Monica, Los Angeles, San Juan Capistrano, as well as Los Angeles, Ventura, Santa Cruz, Monterey and Santa Barbara Counties. Proposed Research Plan and Budget FMM&A recommends conducting a baseline survey of a random sample of 400 Diamond Bar voters. A sample of 400 should be sufficient to analyze the views of most major demographic and geographic subgroups in a city the size of Diamond Bar; such a sample would have a margin of sampling error of +/- 4.9%. We estimate that the survey questionnaire will take approximately 15-20 minutes for the average respondent to complete. While the final content of the survey questionnaire would be developed in close consultation with the City staff, we anticipate that it might include the following items: • A ranking of the seriousness of a variety of problems facing the City; • Satisfaction with existing local government services, in particular those of county libraries; • Support for a potential library ballot measures (including a bond measure and a measure establishing some type of ongoing funding source, such as a parcel tax) after hearing draft ballot language for the measures; • Support for the measure given a variety of annual costs per taxpayer; • A ranking of the importance of various library and facility and services that the measure might fund; • Reactions to a series of arguments in favor of a library measure; • Reactions to a series of arguments against a library measure; • Assessments of the believability of people and organizations that might take a position on the measure; • Comprehensive demographic characteristics. The table below provides estimated costs, assuming various survey lengths and a variety of interview languages. The estimates for the surveys in English, Mandarin and Korean assume 50 interviews conducted in Mandarin and 20 conducted in Korean. If fewer interviews were conducted in Asian languages, costs would be lower. All costs listed are comprehensive, and include all costs for questionnaire design, sample preparation, telephone interviewing, data analysis and cross -tabulation, and presentation of survey results to City staff. Survey Cost Length 15 min. $22,750 20 min. $26,800 Of course, FMM&A will be happy to structure the survey so that it both fits the City's available budget and meets the City's research needs. We are ready to begin working on this project at your request, and would welcome the opportunity to provide research in support of obtaining additional resources to fund library services in the City of Diamond Bar. Please let us know if there is any more information we can provide. Agenda # 6.7(a) Meeting Date: Sept. 20, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $388,000 TO SULLY -MILLER CONTRACTING COMPANY; AND AUTHORIZE A CONTINGENCY AMOUNT OF $38,800 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $426,800 FOR CONSTRUCTION OF NORTH WALNUT DRIVE STREET REHABILITATION PROJECT. RECOMMENDATION: Approve plans and specifications and award contract. FINANCIAL IMPACT: As part of the FY 2005-06 budget, $450,000 of General Funds has been budgeted for this project. BACKGROUND/DISCUSSION: Walnut Drive is a commercial street utilized daily by commuters and truck traffic. See attached aerial map. The condition of the street has deteriorated and is in need of rehabilitation repairs. Construction plans have been completed and on August 10, 2005, plans and specs were made available for bidding. The engineer's estimate for the project is $418,986. Eight (8) bids were submitted and opened on September 7, 2005. The following are the bid results: Company Bid Amount 1) Sully -Miller Contracting Company $388,000 2) Gentry Bros. $432,259 3) Alliance Street Works $438,162 4) Sequel Contracting $456,400 5) Palp, Inc. $486,183 6) Hillcrest Contracting $574,467 7) All American Asphalt $623,999 8) Silvia Construction $692,973 The responsive low bidder is Sully -Miller Contracting Company. The contractor's license has been checked with the State of California and the license is active and clear. The scope of services will include the removal and replacement of pavement and base for the entire length of North Walnut Drive from Lemon Avenue to the westerly boundary. Also included are the removal and replacement of curb and gutter, driveways, and sidewalk; and other incidental and appurtenant work necessary for the proper construction of the improvements. Project schedule length is 45 working days. The project schedule is tentatively set as follows: Award Construction Start Construction Construction Completion F044 Un-Iffla-40-MIrW Sharon Gomez, Senior Management Analyst REVIEWED BY: September 20, 2005 October 17, 2005 December 21, 2005 Date prepared: September 12, 2005 David G. Liu, Director of Public Works James DeStefano, Assistant City Manager Attachment: Agreement Aerial Map 2 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Sully -Miller Contracting Company, hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Sully -Miller Contracting Company and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for construction of the North Walnut Drive Street Rehabilitation Protect in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the construction of the North Walnut Drive Street Rehabilitation Proiect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 2005 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated September 7, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within forty-five (45) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 3 The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY:The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. 4 The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated September 7, 2005. 9 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 747612, A Classification Date Date Date Sully -Miller Contracting Company 1100 E. Orangethorpe Ave., Suite 200 Anaheim, CA 92801 in TITLE CITY OF DIAMOND BAR, CALIFORNIA ATTEST: 20 WEN CHANG, MAYOR LINDA C. LOWRY, CITY CLERK CONTRACTOR'S Business Phone (714) 578-9600 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date L•. Agenda # 6.7(b) Meeting Date: Sept. 20, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVE CONTRACT AMENDMENT No. 2 WITH GFB-FRIEDRICH (GFB) & ASSOC., INC. FOR CONSTRUCTION MANAGEMENT/ INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $23,200. RECOMMENDATION: Approve contract amendment. FINANCIAL IMPACT: As part of the FY 2005-06 budget $450,000 of General Funds has been budgeted for this project. With $426,800 set aside for construction, $23,200 remains available to fund construction management/inspection. BACKGROUND: Walnut Drive is a commercial street utilized daily by truck traffic for deliveries and shipments. The condition of the street has deteriorated and is in need of rehabilitation repairs. Plans and specs were made available to contractors for bidding on August 10, 2005. Bids were opened on September 7, 2005 and Sully -Miller Contracting Company has been determined to be the lowest responsive bidder with a bid amount of $388,000. DISCUSSION: GFB is the design engineer for the Walnut Drive project. In response to staff's request, GFB subsequently submitted a proposal for construction management/inspection services. This was done to ensure consistency and continuous service for our street improvements project. PREPARED BY: Sharon Gomez, Senior Management Analyst Date Prepared: September 12, 2005 REVIEWED BY: David G. Liu, Director of Public Works Jim DeStefano, Assistant City Manager Attachments: Contract Amendment No. 2 2 AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 to the Agreement is made and entered into this 20th day of September 2005, between the THE CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i.) The CITY entered into Associates to provide Professional Consulting December 19, 2000. an Agreement, with GFB-Friedrich & Services, which Agreement was dated (ii.) The CONSULTANT submitted a proposal, including the scope of the specific services to be performed by consultant as described in Exhibit "A". (iii.) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide the requested construction management/inspection services at a not -to -exceed cost of $23,200. 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 "B", the Consultant's Proposal dated September 15, 2005, for the Walnut Drive Street Reconstruction Project between the Westerly City Limit to Lemon Avenue." Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B". Section 3: 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 City in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant for the additional services, pursuant to this Amendment No. 2 shall not exceed Twenty-three thousand two hundred dollars ($23,200.00). 1 Section 4: 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 by the 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: GFB-FRIEDRICH & ASSOCIATES By: City Attorney John Friedrich President ATTEST: CITY OF DIAMOND BAR Linda C. Lowry, City Clerk Linda C. Lowry, City Manager DATE: 2 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6. � Meeting Date: 9/20/05 AGENDA REPORT TITLE: Resolution no. 2005-xx of the City Council of the City of Diamond Bar approving the application FOR grant funds from the California River Parkways Grant Program, proposition 50 state grant funds for the sycamore canyon park trails project. RECOMMENDATION: Adopt. BACKGROUND: The City Council adopted the Trails Master Plan in May 2001. The highest priority project is a trail through Sycamore Canyon Park. The trail to the water fall and the trail head at Diamond Bar Blvd. are already under construction. Following this construction, the next priority is for the trail improvements connecting these two ends. Estimated cost to fund these improvements is $365,000. Staff is also applying for Recreational Trails Program funds for this project. DISCUSSION: A grant writer from Applied Development Economics is preparing the Proposition 50 grant application. The application is due October 18, 2005. This resolution is a required element of the grant application. PREPARED BY: Alison Meyers, Recreation Specialist / Family and Neighborhood Services REVIEWED BY: Bob Rose Director of Community Services RESOLUTION NO. 2005 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) FOR THE DEVELOPMENT OF PHASE IV OF THE SYCAMORE CANYON PARK TRAILS PROJECT A. Recitals (i) The Legislature and Governor of the State of California have provided Funds for the program shown above; and (ii) The Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and (iii) Said procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and (iv) The Applicant, if selected, will enter into an agreement with the State of California to carry out the Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar, 1. Approves the filing of an application for Phase IV of the Sycamore Canyon Project; 2. Certifies that Applicant understands the assurances and certification in the application, and 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds, and 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained, and 6. Appoints the City Manager, or designee, 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 aforementioned Project(s). 1 PASSED, APPROVED AND ADOPTED this day of , 2005. WEN CHANG Mayor I, Linda Lowry, 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 2W -h, day of September 2005, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS LINDA LOWRY, City Clerk City of Diamond Bar CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.9 Meeting Date: 912"-' AGENDA REPORT TITLE: RESOLUTION NO. 2005 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE SYCAMORE CANYON PARK TRAILS PROJECT. RECOMMENDATION: Adopt. BACKGROUND: The City Council adopted the Trails Master Plan in May 2001. The highest priority project is a trail through Sycamore Canyon Park. The trail to the water fall and the trail head at Diamond Bar Blvd. are already under construction. Following this construction, the next priority is for trail improvements connecting these two ends. Estimated cost to fund these improvements is $272,000. Staff is also applying for Proposition 50 State grant funds for this project. DISCUSSION: Community Services staff is preparing the Recreational Trails Program grant application. The application is due October 1, 2005. This Resolution is a required element of the grant application. PREPARED BY: REVIEWED BY: Alison Meyers, Recreation Specialist, Family and Neighborhood Services Bob Rose Director of Community Services RESOLUTION NO. 2005 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE SYCAMORE CANYON PARK TRAILS PROJECT A. Recitals (i) The Transportation Equity Act For The 21 st Century provides funds to the State of California for grants to state, local, and non-profit organizations to acquire, develop and/or maintain motorized and non -motorized trail purposes; and (ii) The State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and (iii) Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application and the availability of local matching funds before submission of said application to the State; and (iv) The applicant will enter into an agreement with the State of California to complete the project; B. Resolution NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar that the City Council: Approves the filing of an application for the Recreational Trails Program; and 2. Certifies that said agency has or will have available prior to the commencement of any work on the project included in the application, sufficient funds to operate and maintain the project; and 3. Appoints the City Manager as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests, billing statements, and so on which may be necessary for the completion of the aforementioned project. 1 PASSED, APPROVED AND ADOPTED this day of , 2005. WEN CHANG Mayor I, Linda Lowry, 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 2Wh, day of September 2005, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS LINDA LOWRY, City Clerk City of Diamond Bar Agenda # 6. 10 Meeting Date. _9/20/05 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF CONTRACT TO PURKISS ROSE -RSI FOR PAUL C. GROW PARK AMERICANS WITH DISABILITIES ACT (ADA) DESIGN IN THE AMOUNT OF $34,055, PLUS A CONTINGENCY AMOUNT OF $945 FOR A TOTAL AUTHORIZATION OF $35,000. RECOMMENDATION: Award Contract. FINANCIAL IMPACT: $35,000 of CDBG funds are included in the 2005/06 FY budget for this project. BACKGROUND: Due to federal requirements for City parks to be accessible to the disabled, City staff has been constructing Americans with Disabilities Act (ADA) improvements at all the parks over the past 10 years. Paul C. Grow Park is the next facility scheduled to receive ADA improvements. The first step is to evaluate the park and determine the type of improvements needed. The evaluation process will include public workshops, meetings with WVUSD officials (since this is a School District owned site), topographic survey, architectural review, and drainage study. To complete this work, staff needs to contract with a consultant team that possesses the expertise to do these specialized tasks. To advertise for such a consultant team, staff released a Request for Proposals (RFP) on July 29, 2005. The RFP was mailed to a list of over 25 qualified firms and advertised in a consultant finders newsletter. Four (4) firms submitted proposals on the August 25 deadline. Staff reviewed the four proposals received, interviewed, and rated all four project teams. Following are the scores received (100 is the highest score possible) at the interview and the bid price submitted by each firm. Firm Interview Score Bid Price (City Budget: $35,000) Dave Volz Design 88.83 $38,500 Purkiss Rose -RSI 87.68 $34,055 David Evans and Associates 85.57 $47,060 Hirsch and Associates 83.81 $32,460 Purkiss Rose -RSI is the highest rated firm that submitted a bid price below the $35,000 allocation included in the 2005/06 FY Budget for these services. Staff recommends that the contract for the design of ADA Retro -fit Improvements at Paul C. Grow Park be awarded to Purkiss Rose -RSI. Staff also recommends that a contingency amount of $945 be authorized for potential reimbursables or additional community meetings (if necessary). DISCUSSION: Purkiss Rose -RSI has successfully completed other projects for the City of Diamond Bar, including the ADA Retro -fit of Peterson Park, design of the Skate Park and development of the Parks Master Plan document. This company has been in business for over 40 years and is very well qualified to complete the design work for the ADA Retro -fit Improvements at Paul C. Grow Park. The type of improvements staff is anticipating for Paul C. Grow Park includes: • New play equipment and accessible surfacing • Accessible drinking fountain • Van accessible handicap parking stall and handicap ramp • Improvements to restrooms to make them totally accessible • Improved drainage for soccer field • Improved drainage and landscaping on slopes • Reconditioning of the ball field infield. The design work for this project will be completed during the current fiscal year. It is anticipated that the construction of the improvements will be done during next fiscal year, hopefully during the Summer so it does not interfere with the use of the park as the play ground for Quail Summit Elementary School. 1;N=J_1:1411 WS Bob Rose Director of Community Services Attachment: Consulting Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of September 20, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and Purkiss Rose -RSI ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in the City's Request for Proposals. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. C. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal Labor Standards provisions (Form HUD -4010), HUD's Section 3 requirements Federal Minority Business Enterprise/ Women's Business Enterprise (MBE/WBE) requirements and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated August 25, 2005 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect September 20, 2005 and shall continue until December 31, 2007 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 $35,000. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Linda C. Lowry, City Manager 21825 Copley Drive Diamond Bar, CA 91765-4178 6. Status as Independent Consultant. Consultant: Purkiss Rose -RSI Steve Rose 801 N. Harbor Boulevard Fullerton, CA 92832 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts, errors or omissions of Consultant, its agents, employees, subconsultants, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per claim; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be canceled, (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. The City acknowledges such documents are instruments of Consultant's professional services. The City agrees to indemnify, defend and hold Consultant harmless from and against any claims, costs, losses and damages as a result of the City's misuse or reuse of such drawings, specifications whether in print or in electronic form. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Linda Lowry, City Clerk Wen Chang, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity (ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: * Contractual Liability * Owners/Landlords/Tenants * Manufacturers/Contractors * Products/Completed Operations * Broad Form Property Damage * Extended Bodily Injury * Explosion Hazard * Collapse Hazard * Underground Property Damage * Pollution Liability * Liquor Liability * * Broad Form Comprehensive * General Liability Endorsement 12. A * deductible or * self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable * per claim or * per occurrence (check one). 13. This is an * occurrence or * claims made policy (check one). 14. This endorsement is effective on _ at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) , 2005 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance J- (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY The following inclusions relate to the above coverages. Includes: * Any Automobiles * All Owned Automobiles * Non -owned Automobiles * Hired Automobiles * Scheduled Automobiles * Garage Coverage * Truckers Coverage * Motor Carrier Act * Bus Regulatory Reform Act * Public Livery Coverage * * 12. A * deductible or * self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable * per claim or * per occurrence (check one). 13. This is an * occurrence or * claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: (_ _) , 2005 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J- 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY * Following Form * Umbrella Liability * 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A * deductible or * self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable * per claim or * per occurrence (check one). 13. This is an * occurrence or * claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 2005 Phone No.:( ) Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda 6. 11 Meeting Date: September 20, 2005 AGENDA REPORT TITLE: Adopt Resolution No. XX -2005 authorizing continued payment of salary and benefits for employees who volunteer with the Red Cross to assist with Hurricane Katrina relief efforts. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. XX -2005 authorizing the continuation of salary and benefits to employees who volunteer with the Red Cross to assist the victims of Hurricane Katrina subject to the review and approval of the City Manager FISCAL IMPACT: There is no budgetary implication associated with the continuation of salary and benefits as these have been budgeted for the fiscal year. However, it should be noted that the continuation of salary and benefits means any City employee volunteering who becomes injured is eligible for workers' compensation under the City's workers' compensation insurance. DISCUSSION: Area D Office of Civil Defense/Disaster Management has issued a request to local governmental agencies to assist in the unprecedented relief efforts created by the Hurricane Katrina disaster in Louisiana, Mississippi, and Alabama. This catastrophic event has exhausted the volunteer resources in the Gulf Coast states. The American Red Cross is seeking volunteers from across the country to aid them in their humanitarian efforts to provide mass care and shelter to the tens of thousands of Hurricane Katrina victims. Area D Office of Civil Defense/Disaster Management has specifically requested that the City of Diamond Bar consider allowing staff members to respond to this disaster by paying the volunteer staff members' salaries while on volunteer assignment. The City's Personnel Rules and Regulations do not currently provide the authority to continue salary and benefits to disaster volunteers working outside of Diamond Bar. The City has employees trained in providing care and shelter during an emergency and others that have technical skills which may be useful in the Hurricane Katrina relief efforts. By allowing staff to participate in the relief efforts, the City would benefit by having employees gain on-the-job experience with disaster relief efforts. These employees would be better prepared to assist the City and residents should disaster strike Diamond Bar or the region. Prepared by: Deputy City Manager RESOLUTION NO. 2005 - A RESOLUTION OF THE CITY COUNCIL AUTHORIZING CONTINUED PAYMENT OF BENEFITS AND SALARIES FOR ALL FULL TIME EMPLOYEES WHO VOLUNTEER WITH THE RED CROSS TO ASSIST WITH THE HURRICANE KATRINA RELIEF EFFORTS Whereas, on August 29, 2005 Hurricane Katrina made landfall near New Orleans, Louisiana; and Whereas, Hurricane Katrina devastated an area of over 90,000 square miles in Mississippi, Alabama and Louisiana; and Whereas, Hurricane Katrina and its after effects have created the worst natural disaster in the history of the United States leaving over one million people displaced and creating a humanitarian crisis on a scale unseen in the U.S. since the Great Depression; and Whereas, President Bush declared a federal state of disaster exists in Louisiana, Mississippi and Alabama on August 29, 2005; and Whereas, the American Red Cross has asked local governments from across the country to provide volunteers to assist in the Hurricane Katrina relief efforts; NOW THEREFORE BE IT REOLVED that the City Council of the City of Diamond Bar does hereby make the following findings: 1. Certain Diamond Bar employees have specific disaster relief training that qualifies them to provide assistance to the Red Cross in the Hurricane Katrina relief efforts. 2. Said fulltime employees volunteering under the control and direction of the American Red Cross to assist with Hurricane Katrina relief efforts shall continue to receive City salary and benefits. 3. Said fulltime employees who wish to volunteer must receive prior approval from the City Manager so that their absence does not negatively impact normal City operations. 4. Said payment of salary and benefits will continue for a duration of no more than 2 weeks (80 hours) including any Red Cross training in preparation for deployment to effected area. 5. This policy shall continue in effect for a one-year period at which time it may be renewed by the Council or automatically sunset. PASSED, ADOPTED AND APPROVED this 20th day of September 2005. Wen Chang, Mayor I, LINDA C. LOWRY, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Agenda # 6.12 Meeting Date: 9/20/05 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF CONTRACT TO GROUP DELTA CONSULTANTS IN THE AMOUNT NOT TO EXCEED $69,910 FOR CIVIL ENGINEERING AND GEOTECHNICAL SERVICES FOR THREE PROJECTS: 1) DESIGN OF REPAIRS FOR STORM DAMAGED SLOPES AT THE DIAMOND BAR CENTER; 2) DESIGN OF REPAIRS FOR STORM DAMAGED SLOPES AT GOLD RUSH EAST OF DIAMOND BAR BLVD; 3) DESIGN OF TRAIL ACCESS POINTS AT STEEP CANYON/CLEAR CREEK CANYON AND DIAMOND BAR CENTER/SUMMITRIDGE MINI PARK; AND ALSO APPROPRIATE $69,910 FROM GENERAL FUND RESERVES TO FUND THIS CONTRACT. RECOMMENDATION: Award contract and appropriate funds. FINANCIAL IMPACT: There are no funds budgeted for this contract. About 93.75% of the cost of $18,970 for design of repairs for storm damaged slopes at the Diamond Bar Center will be reimbursed by FEMA and OES. This results in a reimbursement of about $17,784 of this contract's cost. The remaining $52,126 of the contract's cost will be borne by the General Fund. The slope damage on Gold Rush east of Diamond Bar Blvd. does not qualify for reimbursement from FEMA or OES due to its classification as a natural slope (as opposed to the engineered slopes at the Diamond Bar Center). The slope projects were listed in the FY 05/06 Capital Improvement budget without cost estimates since cost and funding data were not available at the time of preparation of the budget document. The three projects were bid out together to achieve economy of scale due to their similar nature. BACKGROUND: There are three projects included in this contract. Each of the projects requires civil engineering and geotechnical services in order to develop the construction documents necessary to construct these projects. Two of the projects, 1) design of repairs for storm damaged slopes at the Diamond Bar Center and 2) design of repairs for storm damaged slopes at Gold Rush east of Diamond Bar Blvd, are necessary because of slope damage caused by heavy rains last winter. Total cost of the contract for these two projects is $34,910. The third project, 3) design of trail access points at Steep Canyon/Clear Creek Canyon and Diamond Bar Center/Summitridge Mini Park will cost $35,000 and represents the City's 25% matching funds of the $140,000 grant received from the Rivers and Mountains Conservancy for the construction of these trail access points. DISCUSSION: Staff released the RFP for this contract on August 15, 2005. It was mailed to the City's engineering/landscape architect mailing list of over 25 firms and was sent to the consultant finders newsletter. Only one firm responded to the RFP by submitting a proposal. Staff interviewed the firm, Group Delta Consultants, on Thursday September 15. Group Delta Consultants is a geotechnical engineering firm that has extensive experience providing the types of services the City needs to complete the design work for these projects. They have completed designs for the repair of slopes that were successfully re -constructed in the cities of Newport Beach, Arcadia, Dana Point, Orange, Pacific Palisades, San Diego and San Clemente. They have also designed trails in cities of Colton and San Clemente. Group Delta Consultants provided staff with a well researched proposal that demonstrates a thorough understanding of all three projects in Diamond Bar. With their past project experience and understanding of the scope of services required by Diamond Bar, staff expects this consultant firm to do an excellent job on these three design projects. PREPARED BY: Bob Rose Director of Community Services Attachments: Consultant Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of September 20, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and Group Delta Consultants, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated September 8, 2005 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect September 20, 2005 and shall continue until December 31, 2006 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for services which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." 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 $69,910. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City of Diamond Bar Consultant: Group Delta Consultants Linda C. Lowry, City Manager Dr. Kul Bhushan 21825 Copley Drive 92 Argonaut, Suite 120 Diamond Bar, CA 91765-4178 Aliso Viejo, CA 92656-4121 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Linda Lowry, City Clerk Wen Chang, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity (ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows - 1 . ollows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: * Contractual Liability * Owners/Landlords/Tenants * Manufacturers/Contractors * Explosion Hazard * Collapse Hazard * Underground Property Damage * Products/Completed Operations * Broad Form Property Damage * Extended Bodily Injury * Broad Form Comprehensive * General Liability Endorsement * Pollution Liability * Liquor Liability * * * 12. A * deductible or * self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable * per claim or * per occurrence (check one). 13. This is an * occurrence or * claims made policy (check one). 14. This endorsement is effective on _ at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( , 2005 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance J- (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY J-1 3 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: * Any Automobiles * All Owned Automobiles * Non -owned Automobiles * Hired Automobiles * Scheduled Automobiles * Garage Coverage * Truckers Coverage * Motor Carrier Act * Bus Regulatory Reform Act * Public Livery Coverage * * 12. A * deductible or * self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable * per claim or * per occurrence (check one). 13. This is an * occurrence or * claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: (_ _) , 2005 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-14 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows - 1 . ollows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. J- 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY * Following Form * Umbrella Liability * 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT