HomeMy WebLinkAbout06/19/2012City Council Agenda
Tuesday, June 19, 2012
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ling -Ling Chang Jack Tanaka
Mayor Mayor Pro Tem
Ron Everett Carol Herrera Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public
inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 19.90, the City of Diamond Bar requires that any person in
need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a
minimum of 72 hours prior to the scheduled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com
Please refrain from smoking, eating or drinking in the Council Chambers. the City of Diamond Bar uses recycled paper and encourages you to do the same.
BLANOND BAR
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 19, 2012
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA
Next Resolution No. 2012-33
Next Ordinance No. 10 (2012)
6:30 p.m.
Mayor
Diana Navar, Children's Pastor
Diamond Canyon Christian Church
Council Members Everett, Herrera, Tye,
Mayor Pro Tem Tanaka, Mayor Chang
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Kwang Ho Lee for his years of service as a
Diamond Bar Planning Commissioner.
1.2 Presentation of Certificate of Recognition to Event Chair, Hala Murad for
the 7 t Annual Relay for Life of Diamond Bar Event.
1.3 Proclaiming July, 2012 as Parks and Recreation Month.
1.4 Employee Service Awards Acknowledging Ten, Fifteen and Twenty Years
of Service.
NEW BUSINESS OF THE MONTH:
1.5 Presentation of Certificate Plaque to Julie's Cafe, 1138 South Diamond
Bar Boulevard as New Business of the Month, June, 2012.
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
June 19, 2012 PAGE 2
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC 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 Housing Element/Tres Hermanos Scoping Meeting — June 21, 2012 —
6:30 to 9:00 p.m., Pantera Park Activity Room, 738 Pantera Drive.
5.2 Planning Commission Meeting — June 26, 2012 — 7:00 p.m., Windmill
Community Room, Diamond Bar City Hall, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting — June 28, 2012 — 7:00 p.m.,
Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive.
5.4 City Council Meeting — July 3, 2012 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.5 4th of July Blast — July 4, 2012 — 5:00 p.m. to 9:30 p.m., Lorbeer Middle
School, 501 South Diamond Bar Boulevard. (Fireworks begin at 9:00
P.M.).
5.6 Independence Holiday — July 4, 2012 — City Offices will be closed in
observance of 4th of July. City Offices will re -open Thursday, July 5, 2012
at 7:30 a.m.
5.7 Planning Commission Meeting —July 10, 2012 —7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.8 Concerts in the Park — July 11, 2012 - 6:30 p.m. to 8:00 p.m., Platinum
Rockstars (80's and 90's Hits) — Sycamore Canyon Park, 22930 Golden
Springs Drive.
June 19, 2012 PAGE 3
5.9 Movies Under the Stars — July 11, 2012 — Zookeeper - Immediately
following Concerts in the Park, Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.10 Traffic and Transportation Commission — July 12, 2012 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.11 City Council Meeting — July 17, 2012 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.12 Grand Opening of the Diamond Bar Branch of the Los Angeles County
Library — July 28, 2012 —10:00 a.m — 21800 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of June 5, 2012 — Approve as
submitted.
6.2 Parks and Recreation Commission Minutes:
(a) Regular Meeting of March 29, 2012 — Receive and File.
(b) Regular Meeting of April 26, 2012 — Receive and File.
6.3 Planning Commission Minutes — Regular Meeting of May 8, 2012 —
Receive and File.
6.4 Ratification of Check Register — May 31, 2012 through June 13, 2012
totaling $817,917.09.
Requested by: Finance Department
6.5 Approval of Appropriation From the General Fund Reserves in the
Amount of $40,293.98 for the November 8, 2011 General Municipal
Election.
Recommended Action: Approve.
Requested by: City Clerk
6.6 Approval of Contract Extensions/Agreements for Community
Services Department:
(a) 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 $70,000 for the 2012/13 Fiscal Year.
June 19, 2012 PAGE 4
Recommended Action: Authorize.
(b) Approval of Amendment No. 4 to the Agreement with Tennis
Anyone to Extend the Contract Period from July 1, 2012 through
June 30, 2013 in the Amount Not -to -Exceed $56,000.
Recommended Action: Approve.
(c) Approval of Amendment No. 4 to the Agreement with And I
Officials to Extend the Contract Period from July 1, 2012 through
June 30, 2013 in the Amount Not -to -Exceed $35,000.
Recommended Action: Approve.
(d) Approval of Amendment No. 2 to Agreement with Access
Control Security to Extend the Contract Period from July 1, 2012
through June 30, 2013 in the Amount Not -to -Exceed $30,000.
Recommended Action: Approve.
(e) Approval of Amendment No. 2 to the Vendor Services Contract
with D.H. Maintenance Services to Provide Janitorial and Building
Maintenance Services at the New Library and City Hall for the Term
of July 1, 2012 through June 30, 2013 in the Amount Not -to -Exceed
$70,800.
Recommended Action: Approve
(f) Approval of Amendment No. 2 to the Contract with West Coast
Arborists for City -Wide Tree Maintenance and Watering Services for
the 2012/13 Fiscal Year in the Amount Not -to -Exceed $215,685.
Recommended Action: Approve.
(g) Approval of an Agreement Not -to -Exceed $55,000 with the
California Conservation Corp (CCC) For as Needed Trail Repairs,
Brush Clearance and Minor Maintenance in Parks and Open Space in
Diamond Bar for the 2012/13 Fiscal Year and Authorize the City
Manager to Execute the Agreement.
Recommended Action: Approve.
Requested by: Community Services Department
June 19, 2012 PAGE 5
6.7 Approval of Adjourning the June 19, 2012 City Council Meeting to
July 17, 2012.
Recommended Action: Approve.
Requested by: City Manager
6.8 Authorize City Manager to Enter into a Consulting Services
Agreement with Glenn Steinbrink for a Not -to -Exceed Cost of
$28,000.
Recommended Action: Approve.
Requested by: Finance Department
6.9 Approval of Contract with the Regional Chamber of Commerce - San
Gabriel Valley for Fiscal Year 2012-13 in an Amount Not -to -Exceed
$12,000.
Recommended Action: Approve.
Requested by: City Manager
6.10 Approval of Notice of Completion for the 21810 East Copley Drive
Interconnect Project.
Recommended Action: Approve.
Requested by: Public Works Department
6.11 Approval of Memorandum of Agreement with the Los Angeles
Gateway Region Integrated Regional Water Management Joint
Powers Authority (Gateway Authority) for the Administration and
Cost Sharing For Preparation of the Coyote Creek/Reach 1 of the
Lower San Gabriel River Metals Total Maximum Daily Load (TMDL)
Implementation Plan, Monitoring Program and Special Studies.
Recommended Action: Approve and Authorize.
Requested by: Public Works Department
6.12 Approval to Direct Staff to Work with Pomona Unified and Walnut
Valley Unified School Districts to Develop a Non -Binding
Memorandum of Understanding Regarding Potential Improvements
to Athletic Facilities on School Campuses.
Recommended Action: Approve.
June 19, 2012 PAGE 6
Requested by: Community Services Department
6.13 Appropriation of $21,991 in Used Motor Oil Block Grant Funds for
Fiscal Year 2011-12.
Recommended Action: Appropriate.
Requested by: Public Works Department
6.14 Approval of Amendment No. 2 ($24,600) to the Three -Year Contract
to Diana Cho and Associates for Community Development Block
Grant (CDBG) Contract Administration Services for a Not -to -Exceed
Amount of $73,166.
Recommended Action: Approve and Authorize.
Requested by: City Manager
6.15 Appropriate Proposition C Funds in the Amount of $42,500 to the
Capital Improvement Program Budget and Authorize the City
Manager to Purchase the Traffic Management Center Video Monitor
System for a Not -to -Exceed Amount of $42,500.
Recommended Action: Appropriate and Authorize.
Requested by: Public Works Department
6.16 Approval of a Contract Amendment with Sustainable Environmental
Management Company (SEMCO) Extending the Contract Term
Through September 21, 2013 at a Cost of $35,750 for a Total Not -to -
Exceed Contract Amount of $82,500.
Recommended Action: Approve.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION:
8.1 Adopt Interim Urgency Ordinance No. OX (2012): Pursuant to
Government Code Section 65858 Prohibiting the Issuance of Permits
for Guest Houses and Second Units in the Low Density Residential
(RL) Zoning District.
Recommended Action: Adopt.
June 19, 2012 PAGE 7
Requested by: Community Development Department
8.2 Adopt Resolution No. 2012 -XX: Establishing the Intent to Pursue
Development and Construction of a 700 Plus Space Parking
Structure at the Park and Ride Lot Located at 100-101 North Diamond
Bar Boulevard.
Recommended Action: Adopt.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL "
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 5, 2012
CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City
Council meeting to order at 6:32 p.m. in the SCAQMD/Government Center Auditorium,
21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Council Member Steve Tye led the Pledge of
Allegiance.
INVOCATION: Cantor Paul Buch, Temple Beth Israel, gave the
invocation.
ROLL CALL: Council Members Ron Everett, Carol Herrera, Steve
Tye, Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna
Honeywell, Finance Director; Greg Gubman, Community Development Director; Ryan
McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly
Young, Associate Engineer; Cecilia Arellano, Public Information Coordinator, a nd
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Update on Park -n -Ride - CM/DeStefano reported that the City Council
was introduced to the possibility of Foothill Transit building a park -n -ride
facility of at least 500 vehicles on the park -n -ride lot at Diamond Bar
Boulevard just north of the SR60. Diamond Bar is one of three sites under
consideration by Foothill Transit. Staff recently met with Caltrans and
Caltrans is interested in relinquishing the property from their inventory and
by structure it would come to the City of Diamond Bar. Should they agree
to develop a parking facility with Foothill Transit, the City would likely enter
into some sort of lease agreement with Foothill Transit calling for them to
build, operate and maintain a parking facility on the property. Foothill
Transit is seeking direction from its Board of Directors about whether or
not they are interested in constructing the facility in DB. City staff has
completed their portion of the negotiations and should Foothill Board take
action to seek approval from DB to build such a facility the City will then
commence negotiations with Foothill and bring the matter to Council for a
decision about whether to enter into such an agreement and
relinquishment of the property by Caltrans.
3. PUBLIC COMMENTS: None Offered.
4. RESPONSE TO PUBLIC COMMENTS: None
JUNE 5, 2012 PAGE 2 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — June 12, 2012 — 7:00 p.m., Windmill
Community Room, Diamond Bar City Hall, 21810 Copley Drive.
5.2 Traffic and Transportation Commission Meeting — June 14, 2012 — 7:00
p.m., Windmill Community Room, Diamond Bar City Hall, 21810 Copley
Drive.
5.3 Silver -Tip Park Grand Re -Opening — June 16, 2012 — 10:00 a.m., 904
Longview Drive.
5.4 City Council Meeting — June 19, 2012 — 6:30 p.m., SCAQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the
Consent Calendar with the exception of Item 6.12 pulled by C/Everett. Motion
carried by the following Roll Call:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
6.1 CITY COUNCIL MINUTES:
Everett, Herrera, Tye, MPT/Tanaka,
M/Chang
None
None
6.1.1 Study Session of May 15, 2012 —Approved as submitted.
6.1.2 Regular Meeting of May 15, 2012 — Approved as submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES:
6.2.1 Regular Meeting of March 8, 2012
6.2.2 Regular Meeting of April 12, 2012
6.3 RATIFIED CHECK REGISTER - Dated May 10, 2012 through May 30,
2012 totaling $1,532,983.51.
6.4 APPROVED TREASURER'S STATEMENT — For April, 2012.
6.5 ADOPTED ORDINANCE NO. 09 (2012): AMENDING THE DIAMOND
BAR MUNICIPAL CODE TO ESTABLISH ENFORCEMENT AUTHORITY
RELATED TO ANIMAL CODE VIOLATIONS.
JUNE 5, 2012 PAGE 3 CITY COUNCIL
6.6 APPROPRIATED PROP C FUNDS IN THE AMOUNT OF $25,000 TO
THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL
YEAR 2011-12; ADOPTED RESOLUTION NO. 2012-22 APPROVING
PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT; AWARDED CONSTRUCTION CONTRACT FOR
THE COPLEY DRIVE BUS STOP RELOCATION TO TSR
CONSTRUCTION AND INSPECTION IN THE AMOUNT OF $20,400,
PLUS A CONTINGENCY AMOUNT OF $3,000 FOR CONTRACT
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR
A TOTAL AMOUNT OF $23,400.
6.7 a) ADOPTED RESOLUTION NO. 2012-23: APPROVING PLANS
AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT; AWARDED THE CONSTRUCTION CONTRACT FOR THE
GOLDEN SPRINGS DRIVE DRAINAGE IMPROVEMENT PROJECT IN
THE VICINITY OF LAVENDER DRIVE/CALVARY CHAPEL TO HYM
ENGINEERING, INC. IN THE AMOUNT OF $154,470; AND,
AUTHORIZED A CONTINGENCY AMOUNT OF $15,400 FOR
CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $169,870.
b) AWARDED CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT TO DMS CONSULTANTS, INC. FOR THE GOLDEN
SPRINGS DRIVE DRAINAGE IMPROVEMENT PROJECT IN THE
AMOUNT OF $28,100, PLUS A CONTINGENCY AMOUNT OF $3,000,
FOR A TOTAL AUTHORIZATION OF $31,110.
6.8 ADOPTED RESOLUTION NO. 2012-24: APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACOUNT; AND, AWARDED THE CONSTRUCTION CONTRACT TO
ROBERT D. GOSNEY FOR THE PATHFINDER ROAD EROSION
CONTROL PROJECT (BETWEEN DIAMOND BAR BOULEVARD AND
PRESADO DRIVE) IN THE AMOUNT OF $44,780, PLUS A
CONTINGENCY AMOUNT OF $5,220, FOR A TOTAL AUTHORIZATION
OF $50,000.
6.9 ADOPTED RESOLUTION NO. 2012-25: APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 012-N TO ADMINISTERING
AGENCY -STATE AGREEMENT NO. 07-5455R FOR UTILIZATION OF
FEDERAL FUNDS IN THE AMOUNT OF $519,000 FOR
CONSTRUCTION OF THE CHINO HILLS PARKWAY AND CHINO
AVENUE STREET REHABILITATION PROJECT -FEDERAL PROJECT
NO. STPL-5455(015).
JUNE 5, 2012 PAGE 4 CITY COUNCIL
6.10 a) ADOPTED RESOLUTION NO. 2012-26: DECLARING THE
CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENT FOR
LANDSCAPE DISTRICT NO. 38 AND DIRECTED THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT
ITS JULY 17, 2012 REGULAR MEETING.
b) ADOPTED RESOLUTION NO. 2012-27: DECLARING THE
CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE DISTRICT NO. 39 AND DIRECTED THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT
ITS JULY 17, 2012 REGULAR MEETING.
c) ADOPTED RESOLUTION NO. 2012-28: DECLARING THE
CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE DISTRICT NO. 41 AND DIRECTED THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT
ITS JULY 17, 2012 REGULAR MEETING.
6.11 APPROVED 2011-12 BUDGET ADJUSTMENT FOR GAS TAX FUND.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.12 AWARD OF CONTRACT TO KORMX, INC. FOR CONSTRUCTION OF
THE ACCESSIBLE WALKWAY AT THE PANTERA PARK DOG PARK IN
THE AMOUNT OF $96,875 PLUS A CONTINGENCY OF $9,688 (10%)
FOR A TOTAL AUTHORIZATION OF $106,563; PLUS AUTHORIZE THE
EXPENDITURE OF $235,000 FOR THE DEVELOPMENT OF THE DOG
PARK.
C/Everett asked staff to clarify changes in the project and its cost.
CSD/Rose stated that staff's report lists a $235,000 total budget for
development of the dog park versus the $131,600 that was originally
appropriated in the 2011-2012 FY Budget. The difference in the cost for
the dog park is because of the required accessible walkway. Staff
anticipated spending no more than $20-$25,000 for a decomposed granite
path to the dog park from the developed Pantera Park. However,
investigation of the site and evaluation of the site by the Civil Engineer
disclosed that the elevations for the accessible walkway were significant.
Under the ADA Federal Law, an accessible walkway can have a maximum
5 percent grade. Inclines of more than 5 percent up to 8.33 percent
requires handrails. The existing terrain and conditions which include the
underground flood control pipes limited the amount of grading that could
be done to create the path for the walkway. After considering all options,
staff discovered that the proposed method was the most cost-effective
way to proceed without disturbing the pipes and infringing on the dog park
space. Originally the walkway was planned to be five feet wide and
JUNE 5, 2012 PAGE 5 CITY COUNCIL
inclusion of the handrails widened the walkway to eight feet in order to
accommodate maintenance vehicles. The handrails added $41,000 to the
overall cost and the addition of the concrete to widen the walkway added
cost as well.
C/Everett said he is sensitive to the increase and wonders what is next. In
light of the budget he is looking at ways to save or defer money and his
personal opinion would be to defer this or invite members of the
community to take a second look at it.
C/Herrera moved, C/Tye seconded, to approve the award of contract to
Kormx, inc. for construction of the accessible walkway at the Pantera Park
Dog Park in the amount of $96,875 plus a contingency of $9,688 (10%) for
a total authorization of $106,563; plus authorize the expenditure of
$235,000 for the development of the dog park. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
7. PUBLIC HEARING
COUNCIL MEMBERS
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None.
8. COUNCIL CONSIDERATION:
Herrera, Tye, MPT/Tanaka,
M/Chang
None
Everett
None
8.1 a) ADOPT RESOLUTION NO. 2012-29: APPROVING AND
ADOPTING A BUDGET FOR FISCAL YEAR COMENCING JULY 1, 2012
AND ENDING JUNE 30, 2013 INCLUDING MAINTENANCE AND
OPERATINOS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS;
AND, APPROPRIATE FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS, AND PURPOSES, THEREIN SET FORTH.
b) ADOPT RESOLUTION NO. 2012-30: SETTING PROPOSITION 4
(GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2012-13 IN
ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1
OF THE GOVERNMENT CODE.
c) ADOPT RESOLUTION NO. 2012-31: ADOPTING THE
STATEMENT OF INVESTMENT FOR FISCAL YEAR 2012-13.
d) ADOPT RESOLUTION NO, 2012-32: AMENDING RESOLUTION
NO. 2011-25 ESTABLISHING SALARY GRADES AND FRINGE
BENEFITS FOR ALL CLASSIFICATION OF EMPLOYMENT EFFECTIVE
JULY 1, 2012.
JUNE 5, 2012 PAGE 6
CITY COUNCIL
CM/DeStefano stated that his recommended budget reflects General Fund
estimated resources of $20,371,000 with appropriations of $20,347,000
resulting in a modest increase to the General Fund Reserves at the end of
FY 2012-13 in the amount of $24,667. This is a very tight and lean budget
and is the fifth budget he has presented to the Council that reflects
changes in the City's resources from 2000-2006. This budget reflects the
conditions that are within the local, regional and national economy. DB is
consistent with prior practices and policies and staff is recommending the
use of some General Fund Reserves in the amount of $721,000. The City
will begin the new fiscal year with a General Fund Reserve amount of
$16,469,000 and based upon recommendations in the proposed budget
for FY 2012-13 with a Fund Balance Reserve of $15,772,000 based upon
revenues and expenditures as predicted at this point in history. This is 78
percent of the operating budget. It is rare to find another City in California
and elsewhere that has 78 percent of its operating budget in reserves.
This is a lower number than the Council has seen in prior years because
as part of the policies and practices, the City has used reserves for
purchases that have been made over time, not the least of which has
been the decision to purchase a building and construct a brand new City
Hall and library for the community which involved a significant investment
of the City's resources. The City Council chose to use its existing saved
General Fund Reserves in lieu of borrowing and paying more over time for
the same capital improvements. Additionally the $20 million plus General
Fund Operating Budget, about $6,290,000 will come from other sources
for capital improvements — maintaining the City's roadways, parks, etc.
Initially this budget was presented on May 15 and it has since been
tweaked with relatively minor changes in a couple of instances. On May
15 staff and Council discussed the state of the economy which is
beginning to stabilize and modest increases are felt in some of the City's
major revenue sources such as sales and property tax growth.
Conservative forecasts indicate that meaningful improvements will not be
realized until at least the 2013-14 fiscal year which staff believes is true for
DB with FY 2012-13 Budget remaining tight for the City. When the mid-
year budget was presented to the Council in February he had stated to
both the Department Heads and Council that this would be a blueprint for
next year's budget. There are no changes to the Sheriffs Department's
budget and there is no diminishment of services. DB made one $55,000
change which was to eliminate the cost in the contract for a Community
Services Officer position that has not been filled for three years because
the Sheriff's Department has been unable to find a suitable candidate for
that position. When the Sheriff's Department finds a suitable replacement,
the City will gladly fund that position. There have b een no program
changes and no service reductions in any other category of services that
the City continues to provide to the residents and the community. Staff
has found different ways to spend the public's resources, using innovative
ways whenever possible and always mindful of the resources that are
available by following the Council's lead and continuing to provide service
JUNE 5, 2012 PAGE 7 CITY COUNCIL
levels the public enjoys. With respect to an anticipated increase in
revenue in the 2013-14 FY, there are some vacant retail locations in the
City that staff believes will be occupied by new and significant revenue
producers in the next fiscal year providing additional sales tax revenue
during FY 2013-14. Staff believes that the City will see the transformation
of at least one major shopping center which will not physically occur until
the later part of 2012-13 and will not bring revenue and resources to the
City until 2013-14 and 2014-15. There are two or three residential
development projects that have been approved that staff believes will
move forward toward the end of 2013. Staff has not incorporated
revenues that come from those projects that will be developed over time
because staff believes those revenues will begin coming forward to the
City in fiscal years 2013-14, 2014-15 and 2015-16 cycles. Residential
projects have development fees that are one-time revenues that come to
the City upon completion of the projects which staff would see coming to
the City during the three years after the next FY cycle. The Site D project
that was approved by the Council earlier this year has allowed the school
district to proceed with its efforts to dispose of that property and should the
disposal continue on its current path with bids due from potential buyers
tomorrow, the City would see the reimbursement of the resources that
were utilized for the school district to process that project paid most likely
during FY 2013-14 depending on the length of escrow. Upon close of
escrow, the City receives reimbursement of those resources in the amount
of about $500,000. The City invested in a piece of property a few years
ago which lies adjacent to the Site D property and is being sold
concurrently with the school district's property. Revenues from the City
owned property will likely not be seen until the end of FY 2013-14.
Generally speaking the outlook for the budget is good. Staff has not
included any stadium related development opportunities or any stadium
related resources that come from the agreement entered into with the City
of Industry a few years ago because that project is not certain. DB does
not know what will hit it but it does know that 2012-13 is tight and lean and
staff will pay very close attention to the revenue and expenditures
anticipated throughout the year. DB looks forward to new opportunities in
2013-14 and for several years beyond.
FD/Honeywell stated that before the Council this evening is the
recommended 2012-13 FY Budget which is balanced and increases the
General Fund Reserves for operations by $24,667. General Fund
budgeted revenues are estimated to be $20,371,000 and are projected to
increase over the current Fiscal Year by $363,000 (2.1 percent). During
the Study Session on May 15 it was reported that General Fund Revenues
were only expected to increase 1.2 percent. After recalculating the
numbers it was discovered that there was a mathematical error and 2.1
percent is the accurate figure. It was also reported that other taxes and
fees were estimated to increase only about 1 percent. Upon recalculation,
2.54 percent is the correct number for other taxes and fees increase. The
JUNE 5, 2012 PAGE 8 CITY COUNCIL
General Fund budgeted expenditures are estimated to be $20,347,000
and every effort has been made to keep the appropriations near the same
level as current fiscal year estimates. It is anticipated that General Fund
expenditures will grow by 2.9 percent over the current fiscal year. As
mentioned, the Public Safety Budget is estimated to increase
approximately 2.23 percent over the actual anticipated current year
expenditures. The proposed budget also includes a payment of four
percent or $211,000 to the Sheriffs Liability Trust Fund. This payment
was not required to be made during the current fiscal year so the total
increase to the Public Safety Budget is $542,000 and as also mentioned,
staffing levels remain unchanged from the current fiscal year. Also
incorporated in the proposed budget is a 2 percent Cost of Living increase
for the employees as well as, a $25 increase in the benefit allotment which
amounts to a total of $131,500. The proposed budget provides for the use
of General Fund Fund Balance Reserves in the amount of approximately
$721,000 and most notable of the expenditures funded by the reserves is
the purchase of an emergency generator for the new Civic Center in the
amount of $120,000. The purchase of this generator will allow the City to
continue to provide core services to the community in the event of a power
failure. Since 2001, the City Council has regularly set aside reserves to
fund economic development activities. Included in the proposed budget is
$315,000 to fund these activities. Also included is the transfer out to the
Lighting and Landscape Districts in the amount of $112,000 in order to
maintain current service levels for utilities and maintenance of grounds.
Tonight, staff is also asking Council to approve the Gann Appropriation
Limit which is required by the Government Code and to approve the 2012-
13 Investment Policy which remains unchanged from the current year's
Investment Policy. Staff is also recommending that Council to adopt the
2012-13 Salary Resolution which incorporates a 2 percent Cost of Living
increase consistent with the March to March CPI for wage earners and
clerical workers in Los Angeles and Orange Counties and includes a $25
increase to the Benefit Allotment for a proposed total cost increase of
$131,500.
C/Herrera said she was very proud to be in the City of DB where the
Council and staff have been very conservative with its dollars. DB is
fortunate not be in a situation that a lot of neighboring cities find
themselves in and as a result, they are looking to cut millions of dollars
from their budgets while suffering large deficits and having to layoff
hundreds of individuals. DB looks good.
C/Herrera moved, MPT/Tanaka seconded, to approve Item 8.1 a) b) c)
and d).
MPT/Tanaka thanked staff for presenting the Council with a balanced
budget and especially thanked FD/Honeywell and FC/Steinbrink.
JUNE 5, 2012 PAGE 9 CITY COUNCIL
M/Chang commented that DB is a lean -mean operating machine when it is
unheard of to have 78 percent of the City's operating budget in reserves.
The State of California and Sacramento should take note!
C/Everett said he agrees with what has been done in budgeting the City's
money with one exception using the General Fund expenditure for the
Lighting and Landscape Districts. He said he believed the taxpayers owed
the City more than one million dollars for past years and again this year
the City is taking $112,000 from its reserves to keep the service level the
same. In Study Session he brought this matter up and that he appreciated
every department and resources except the Lighting and Landscape
Districts. He felt there could be water and labor reduction that would
result in $100,000 reduction and by doing so the City could learn
something which may or may not be okay with the residents. He would
like for someone to help him understand why the service level for the
Lighting and Landscape Districts which aren't City owned should be the
same as the City's Parks, recreation and facilities. Without that service
level being addressed and explained to him he couldn't support this item
and if it requires that he abstain from all four categories he will do so.
There was no one present who wished to speak on this item.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Tanaka,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Everett
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVAL OF THE MULTI-YEAR CAPITAL IMPROVEMENT
PROGRAM.
CM/DeStefano reported that at its May 15 Study Session, staff introduced
to the City Council a five-year Capital Improvement Program which
commences with the current fiscal year and subsequent years. This five-
year proposal lays out a "game plan" for how the City wishes to invest the
public's resources in the City's infrastructure.
PWD/Liu stated that as a five-year planning tool, staff would propose to
use this documentation to identify and coordinate the financing and timing
of public improvements in DB. By considering all projects at one time a
more comprehensive view can be taken of the community's capital needs.
Projects can be better coordinated and financed through the use of this
five-year CIP. Furthermore, the multi-year CIP provides a means for the
City Council to determine capital priorities and continuity in moving them
forward. Project selection is based on citizen input, data from the
JUNE 5. 2012 PAGE 10 CITY COUNCIL
Pavement Management Program and the Comprehensive Infrastructure
Management Plan, Parks Master Plan, City Council Priorities, General
Plan Goals and information from City staff. Fifty-five projects are listed in
the summary representing an investment of almost $30 million over the
five-year plan with only $464,000 expected to be paid from the City's
General Fund. Projects slated for subsequent years in this document do
not receive expenditure authority until they are allocated funding for the
capital project for the specific fiscal year. He presented a summary of the
five-year expenditure plan with approximate estimates from various
funding sources. The capital improvement projects are divided into five
categories: 1) Street Maintenance, 2) Traffic Management and Safety, 3)
Transportation Infrastructure, 4) Miscellaneous Public Works
Improvements and, 5) Parks and Recreation Improvements.
CSD/Rose stated that with some of the Public Works projects during 2013
there will be a residential slurry seal project which will take place in the
center of the City. There will also be an arterial slurry seal on a portion of
Golden Springs Drive. The Grand Avenue enhancement will be
construction along with median modifications at Diamond Bar Boulevard
and Silver Hawk Drive as well as, curb ramp design for the Gateway
Corporate Center and Peaceful Hills areas. Parks and Recreation
improvements during FY 2012-13, the Dog Park will be constructed with
completion anticipated for August 2012. In addition, staff plans to do
some design work for the Grandview Trail. The Parks and Recreation
improvements for FY 2013-14 include construction of the Grandview Trail
and design of the Heritage Park Community Center interior upgrade.
Public Works projects included in FY 2013-14 are interior slurry seal on
Diamond Bar Boulevard and at Brea Canyon Cutoff, construction of a
median modification at Diamond Bar Boulevard and Kiowa Crest and curb
ramps in the Gateway Corporate Center and Peaceful Hills as well as,
residential slurry seal on the west side of Diamond Bar Boulevard. During
FY 2014-15 staff plans to construct improvements at Longview Park South
and commence construction of the Lemon Avenue Interchange Project.
There will also be a median modification at Diamond Bar Boulevard and
Maple Hill and a residential slurry seal on the south area of town as well
as, an arterial slurry seal along Golden Springs Drive from Grand Avenue
to the north City limits. During FY 2015-16 Parks and Recreation would
include construction of Stardust Park and for Public Works there would be
a rehabilitation of Pathfinder Road, continuation of construction of the
Lemon Avenue Interchange Project, completion of Area 4 Slurry Seal on
the far west side of DB and slurry seal the full length of Brea Canyon
Road.
PWD/Liu explained that the proposed five-year CIP was created to be
within a reasonable estimate of special fund revenues while continuing to
provide the community with planned improvements. To achieve this, the
document will be a dynamic and evolving document which will facilitate
JUNE 5, 2012 PAGE 11 CITY COUNCIL
meeting future capital needs of the community. There are a myriad of
factors that will influence and affect the planning process as the CIP
continues to evolve and mature. Some of the critical factors include
forecast demand (population grown, traffic volumes, etc.) and expectation
of revenues. With respect to Level of Service Standards, staff will
measure the facility capacity to the actual and potential demand as well
as, desired output levels. Capital projects require evaluation and any new
project to be added to the CIP will require review and scrutiny. Critical to
implementation is a sound plan for use of public funds, grants, partnering
in debt as necessary. Commitment requires active involvement and
support by the City's appointed and elected policymakers, management
staff, as well as, public and community interest groups. In conclusion, the
City of DB's CIP reflects staffs commitment to provide the most efficient
use of available resources to the community it serves. To better
safeguard the City's resources, staff recommends that the City Council
approve the multi-year CIP document as submitted.
There was no one present who wished to speak on this item.
C/Herrera moved, C/Everett seconded, to approve the Multi -Year Capital
Improvement Program. Without objection, the motion carried.
AYES: COUNCIL MEMBERS:
Everett, Herrera, Tye, MPT/Tanaka,
M/Chang
NOES: COUNCIL MEMBERS:
None
ABSENT: COUNCIL MEMBERS:
None
ABSTAINED:COUNCIL MEMBERS:
None
8.3 APPROVAL OF PROPOSED PREPAYMENT OF THE SIDE FUND
LIABILITY — CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM (CALPERS).
CM/DeStefano explained that it is staff's recommendation to prepay the
California Public Employees Retirement System's Side Fund Liability. The
City Council asked staff to look at the possibility of doing things differently.
Staff has great resources with all employees. His department heads and
division managers did an outstanding job in helping to shape the budget
the Council just approved. The City has great resources including
FC/Steinbrink who brought staff the idea of paying off this side fund as a
means of saving the public dollars over several years.
FC/Steinbrink explained that the Side Fund Liability in the California Public
Employees Retirement System is the unfunded liability that existed as of
June 30, 2003 before the City was required to join a risk pool in the Public
Employees Retirement System. The side fund was to be amortized over a
16 -year period so the City of DB has been paying toward the amortization
of that side fund liability for the past seven years. The liability expected as
JUNE 5, 2012 PAGE 12 CITY COUNCIL
of June 30, 2012 will be $588,000 which is greater than the amount of the
liability at June 30, 2003 because of the amount of interest that is being
charged to the City by CalPers. The interest rate has been 7.75 percent.
CalPers is lowering the rate next year to 7.50 percent but that rate of
interest is still very, very high in today's interest rate environment.
Conservatively, staff expects that the City of DB will save at least
$140,000 over the next nine years by paying off this liability at the end of
this fiscal year because the employer rate will go down in 2012-13 and
years thereafter by the amortization of that side fund liability which is
nearly two percent of payroll each year. The savings in the first year alone
will be $44,000 and over the entire nine year period the conservative
estimate of savings is at least $140,000 which is net after considering the
amount of interest that the City would have earned on the $588,000 had
the City continued to leave the money in the bank and continued to make
the payments every two weeks for the next nine years. Therefore, this
item is a request of City Council to approve using $588,000 in General
Fund Reserves in Fiscal Year 2011-2012. If approved, the payment will
be forwarded to CalPers by the end of June 30, 2012.
C/Tye felt this was terrific thinking outside the box that helps DB build the
type of reserves that the City has available. Anyone who understands the
current rate environment knows that when one can earn a percent or two
or utilize those resources to save seven plus percent the net result is a
terrific use of resources.
C/Herrera said she is always in favor of saving money.
There was no one present who wished to speak on this matter.
C/Tye moved, C/Herrera seconded, to approve prepayment of the Side
Fund Liability to California Public Employees Retirement System
(CalPers). Without objection, the motion carried.
AYES:
COUNCIL MEMBERS:
Everett, Herrera, Tye, MPT/Tanaka,
M/Chang
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
ABSTAINED:
COUNCIL MEMBERS:
None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye participated in the terrific Ribbon -Cutting Ceremony at DB's newest park
on Washington Street off of Brea Canyon Road. It is a wonderful addition to the
neighborhood and the event is a fine example of the community getting together
and expressing what they want. The art on the tiles is a terrific example of the
community spirit and believed the neighborhood was pleased to have that
JUNE 5, 2012 PAGE 13 CITY COUNCIL
amenity in their neighborhood. Sunday he joined his colleagues and Senator
Huff in celebrating the 22nd Anniversary of the DB Chinese-American
Association. Congratulations to Tony Torng for putting the event together;
congratulations to Wen and Mei Lien Chang for having the vision for the event
and congratulations to new President Tony Tai. He was privileged to represent
DB with California Contract Cities Association and a privilege to be chosen to
serve as Vice President for the organization for the next year. This will provide
an opportunity for him to advocate on behalf of DB as a contract city as well as,
advocate for contract cities on all of the important issues facing all cities. He
hopes everyone voted and if not, it is not too late because each vote is very
important. It was a delight to see the new City Hall used as a precinct location.
C/Herrera attended Contract Cities Conference on May 17-20 and had the
opportunity to attend many training sessions provided for Council Members on
working effectively with other people, best uses of technology as well as, Ethics
Training which is mandated for Council Members every two years. On May 31
she attended the Board meeting for the San Gabriel Valley Council of
Governments during which the budget was passed. The adopted budget has
$1,833,000 in revenues for the next fiscal year with $1,814,000 in expenditures
leaving a surplus of $18,563. Also that evening there was a report on the
operational and organizational review committee which is the committee that is
looking at ways to staff the San Gabriel Valley COG. Five options are being
considered, one of which is to make three of the consultants COG employees.
The committee has so far had two meetings. One option would be to sign up the
employees for the PERS system and assuming 15 years past service, the cost
would be hundreds of thousands of dollars and the implication to the member
cities will be severe. In the adopted budget the Executive Director has a footnote
stating the proposed budget does not reflect implementation of any of the
recommendations from the recently completed organization and operations
revenue by Citygate Associates. Any changes resulting from implementation of
those recommendations would be presented as revisions to the budget. It is a
tight budget and as she interprets the revisions, would most likely result in a dues
increase. At this time DB pays $23,000 annual dues to the San Gabriel Valley
COG which is the highest amount of dues the City pays to any organization to
which it belongs. As this evolves and reports are released she will keep the
Council and staff apprised since this could potentially have very severe
implications to DB.
C/Everett stated that on May 15 he attended an Economic Summit at the
Diamond Bar Center presented by the Four -Corners Coalition. The first panel
addressed the current state of the economy at local, regional and state levels
and promoted a great deal of interest in national issues. The subset was the role
of the Ontario Airport and what it plays in the region's economy. John Simpkin
presented an update on the City of Industry's NFL Stadium proposal. That
afternoon he attended the PUSD event with M/Chang presenting certificates to
Community Service Award recipients and presented certificates to ten graduating
seniors from DBHS at a Circle of Friends event. He represented the City at the
JUNE 5, 2012 PAGE 14 CITY COUNCIL
43'd Annual Los Angeles County Peace Officers Memorial at the Star Center in
Whittier which was synchronized with the National Memorial Day Celebration.
He commented on the life and legacy of Gilbert Pagan who was remembered
during the last Council meeting.
MPT/Tanaka attended the 7 t Annual Relay for Life at Lorbeer Middle School.
The DBHS Leo's and Lions participated as teams. There were 29 teams that
participated. Two weeks ago the LA County Fair hosted the Junior Fair Board
Awards and Recognition Dinner at the Fairplex Conference Center. Members
presented their small group projects and high school seniors were awarded
scholarships. Last Wednesday he was guest speaker for the 5th Grade Arts
Ceremony at Quail Summit Elementary School. This Thursday was the All
School Awards Night at DBHS. Last Wednesday he attended the Neighborhood
Watch meeting at the Cimarron Oaks Condo units. There have been several
burglaries in the complex and it was the largest attendance he had witnessed for
a Neighborhood Watch meeting with over 50 individuals in attendance.
MPT/Tanaka felt the Neighborhood Watch motor home had seen better days and
asked CM/DeStefano to consider replacing the unit with participation from the
cities of Walnut and Rowland Heights. Thursday was the 29th Graduation
Ceremony at DBHS. He congratulated the 764 graduating seniors. Last
Saturday he attended the Washington Park Ribbon Cutting Ceremony. He
thanked the community for participating. He congratulated the retiring teachers
and administrators from PUSD with special recognition to Shirley Sawyer, a long-
time DB resident who retired from Diamond Point Elementary School. He
congratulated the 35 WVUSD retiring personnel and special thank you to teacher
Clorinda Burke from Quail Summit Elementary and Special Education teacher
from South Point, Terry Hulse. Sunday he attended the DB Chinese
Association's 22nd Gala.
M/Chang reminded attendees that they have 10 minutes left to vote if they have
not yet done so. Residents can follow her on Facebook, Twitter and Foursquare.
She attended the Four Corners Economic Summit, DB Women's Club
Scholarship Luncheon, PUSD Community Service awards events all held on the
same day. She attended the Contract Cities Municipal Seminar and
congratulated C/Tye for being elected Vice President. She moderated a session
entitled "The Lost Art of Compromise". She attended the International
Conference of Shopping Centers ICSC with CM/DeStefano in an effort to attract
retailers to DB. She attended the Washington Park Dedication which enjoyed an
excellent turnout. She thanked the Community Services and Public Information
staff for putting together a great event. She loved the sustainability features
which included a bio-swale, the LED lighting and drip irrigation. She attended the
DB Chinese Association Annual Dinner. She has been a board member since
2003 and the organization has grown tremendously. The Association has a
wonderful DB Chinese School and attended the graduation ceremonies last
Saturday. She is very, very proud of DB, City staff and her colleagues for putting
together an excellent budget. She reiterated her comments about the budget
and the fact that the State should take note of what DB has accomplished.
JUNE 5, 2012 PAGE 15 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
Regular City Council Meeting at 7:50 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of
LING -LING CHANG. MAYOR
2012.
CITY OF DIAMOND BAR Agenda No. 6.2(a)
MINUTES OF THE PARKS & RECREATION COMMISSION
DIAMOND BAR CITY HALL - THE WINDMILL ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MARCH 29, 2012
CALL TO ORDER:
Chairman Roberto called the Parks and Recreation Commission meeting to order at
7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Liang led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Dave Grundy, Benny Liang, Ted Owens, Vice Chairman Lew
Herndon and Chairman Dave Roberto
Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and
Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Mickey
McKitrick, Recreation Specialist; and Debbie Gonzales, Administrative Coordinator.
SWEARING IN OF COMMISSIONERS: Tommye Cribbins, City Clerk
PRESENTATION OF 2012 YOUTH BASKETBALL SPORTSMANSHIP AWARDS:
RS/McKitrick.
RECESS: Chair/Roberto recessed the meeting at 7:15 p.m.
RECONVENE: Chair/Roberto reconvened the meeting at 7:27 p.m.
SELECTION OF CHAIRMAN AND VICE CHAIRMAN OF THE PARKS AND
RECREATION COMMISSION:
C/Owens nominated C/Herndon to serve as Chairman of the Parks and Recreation
Commission. C/Grundy seconded the nomination. Without objection, C/Herndon was
unanimously elected to serve as Chairman of the Parks and Recreation Commission.
Chair/Herndon nominated C/Liang to serve as Vice Chairman of the Parks and
Recreation Commission. C/Roberto seconded the nomination. Without objection,
C/Liang was unanimously elected to serve as Vice Chairman of the Parks and
Recreation Commission.
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented by CSD/Rose.
MARCH 29, 2012 PAGE 2 P&R
1. CONSENT CALENDAR:
C/Roberto suggested that a notation be made that there was no recording of the
February 23 meeting and that votes be recorded.
C/Owens moved, C/Roberto seconded, to approve the Consent Calendar as
corrected.
1.1 Approval of Minutes for the February 23, 2012 Regular Meeting.
1.2 Received and Filed Parks and Recreation Commission Handbook.
Chair/Herndon asked if the Commission would be (Point 7) asked to "assist in
the preparation of the annual budget and the long-range recreation Parks Capital
Improvement budget" as indicated in Point 7 of the handbook. CSD/Rose
explained how Commission input is included in the budget. This is the first year
that the City is putting together a five-year CIP budget. The first year of the five-
year CIP is FY2012-13 and staff will bring this matter to the next Commission
meeting for discussion. Included in the list of projects will be the
recommendations from the Parks Master Plan. Prior to Chair/Herndon coming
on board this matter was a regular matter of business for the Parks and
Recreation Commission, especially prior to completing the original Parks Master
Plan in 1998 which gave the City a list of priorities for CIP projects and ongoing
input from the Commission was provided by the park walk-throughs rather than
direct input to the budget.
2. INFORMATIONAL ITEMS
2.1 Recreation Program Update — RS/Murphey
C/Owens suggested that the Recreation Report include previous year's
number of participants as well as current year number. He asked if the
Commissioners were to be present at 11:00 a.m. for the 23rd City Birthday
Celebration introductions and RS/Murphey responded that
Commissioners are asked to be at the stage by 2:45 p.m.
C/Roberto asked the difference between the participant's fees for the
Concert share and RS/Murphey responded that the $15 fee covered lunch
and the $5 fee was for a walk through. C/Roberto asked how the game
booth split was determined for the Snowfest and RS/Murphey responded
that staff takes the amount of revenue received from wrist band sales and
deducts the amount spent on the game prizes which is the net divided
between the groups.
C/Owens asked if any other schools were interested in Arbor Day other
than Pantera and RS/Murphey explained that the formal celebration is
held at Pantera but Diamond Point will have tree planting ceremonies as
well. CSD/Rose explained that each year staff adds another elementary
MARCH 29, 2012 PAGE 3 P&R COMMISSION
school for tree planting.
Chair/Herndon asked if any -of the other schools had commented about
the Arbor Day event and RS/Murphey responded that she had not heard
from any other schools.
2.1.1 Power Point Presentation on Youth Basketball Season—
RS/McKitrick
CJRoberto asked what other programs start up competitive leagues in the
area to which RS/McKitrick responded NJB is the only other option during
DB's season. When the DB season ends Walnut has a program that
starts up and can accommodate year-round leagues because they have a
gym. Generally, there is no year-round program for DB.
2.2 ParksReport — PMS/Jordan
2.2.1 PowerPoint Presentation on Lorbeer Middle School — PMS/Jordan
C/Grundy said that one can easily turn an ankle if the surface is of an
uneven height and he appreciates the effort toward curing the
unevenness. He asked if there was a different way of having different
types of grass to try and avoid the clumpiness in the future and
PMS/Jordan responded yes. Using perennial rye with Bermuda grass has
been the City's standard. Looking in areas that are not high traffic areas
one can see it is a good blend to use. However, in the high traffic areas
during the winter months the Bermuda grass erodes and creates problems
because the Bermuda grass goes away and leaves the perennial rye. So
the City has moved to a sports field mix that still has the Bermuda and has
more bent grasses, the grasses that grow more prostrate and mimic the
growth of the Bermuda grass. Beginning this summer there will be no
new perennial rye and while some perennial rye persists as it heats up
and the warm season grasses start to take hold and the mower height
continues at one inch it should serve to out compete the perennial rye.
Chair/Herndon asked how many organizations were using the field and
RS/McKitrick responded AYSO, DBSL and other portions of the year Pop
Warner. Chair/Herndon asked what sport caused the biggest problems
with the field and PMS/Jordan responded that it does not matter which
sport because if it is concentrated in a certain area it will cause damage
and this is not considering school use and their PE activities.
Chair/Herndon asked if staff felt the mitigation would solve or minimize the
issue. PMS/Jordan said he felt very comfortable that the adjustments will
resolve the texture issues. In terms of getting the turf to grow in the
middle of the field, there is really no turf that will stand up to the amount of
use it endures. Staff needs to keep a closer eye on the elevation of the
sprinkler heads and as the soil begins to wear out more soil will have to be
brought in or adjust the sprinkler heads down to keep a level surface.
MARCH 29, 2012 PAGE 4 P&R COMMISSION
Already the field is much improved -and he believes that by keeping the
current practices in place the field will remain in good shape.
Chair/Herndon asked PMS/Jordan's take on artificial turf and PMS/Jordan
said it is not the magic bullet everyone thought it would be. It will stand up
to much more than natural turf but there are other issues that come along
with that in terms of maintenance, staph infections, field temperatures, etc.
and he felt the City would be swapping one set of problems for another.
Personally, he is partial to the natural turf.
2.3 CIP Projects — CSD/Rose
2.3.1 Washington Park — CSD/Rose reported that the final walkthrough is
scheduled for next Wednesday. The project is nearly completed
and the 90 -day maintenance period began this week. The only
issue with the project is the Edison meter. Staff submitted
paperwork and paid all fees last November and was told that the
meter would be installed by March 1. CSD/Rose met with the
Edison representative today and the rep told him this was his first
project and that there had been several issues that have delayed
the installation. CSD/Rose was told that the meter would be
installed within the next 30 days. The contractor is on schedule but
has to come out to manually turn on the water valves, which puts
further financial burden on the City. Dedication ceremonies are
scheduled for Saturday, June 2, hours to be announced.
2.3.2 Sycamore Canyon Park Trail — Phase IV — CSD/Rose stated that
this project is close to completion. There will be some delay
regarding the installation of the free-standing interpretive panels
due to design and order process. When the panels are completed
in the Spring the contractor will install them. This project has a
one-year maintenance period.
Chair/Herndon said he walked the area and noticed damage to
some of the installed signs. In addition, some of the signs that are
near the exercise areas do not seem to relate with the devices.
Chair/Herndon also mentioned that all of the mounts for the free-
standing signs appear to be facing the inside of the park rather than
being directed toward the horizon, for example. CSD/Rose said
that one of the mounts was incorrectly installed and will be turned
around.
2.3.3 Silver Tip Mini -Park — CSD/Rose indicated that this park is close to
completion. Some of the irrigation system was left off in a planting
area due to incorrect plan drawings. Staff put in a change order
that was approved on Monday to get the rest of the system
installed. After installation and planting the 90 -day maintenance
period will commence. Staff plans to have a ribbon -cutting or
MARCH 29, 2012 PAGE 5 P&R COMMSSION
dedication ceremony at the park toward the end of June.
Supervisor Don Knabe wishes -to be a -part of this ceremony since
he was able to provide $150,000 toward the budget through the
"Safe Parks Acts" -fund.
2.3.4 Design of Sycamore Canyon Creek Repair — CSD/Rose reported
that David Evans & Associates was selected as the consultant on
this project and will work on the design to repair the erosion area
and look at the area adjacent to the Tot Lot for a more permanent
fix. When the concept designs are available, staff will bring them to
the Commission for review.
2.3.5 Trails Free Standing Interpretive Exhibits — CSD/Rose explained
that all 11 of the panels and one directional sign have been
designed and are in production. CSD/Rose said he would email
photos of the three additional panels to the Commissioners.
2.3.6 Dog Park at Pantera Meadow CSD/Rose gave a Power Point
presentation showing the location of the dog park. The only portion
of the construction that will be done by a contractor is the ADA
walkway that begins near the basketball courts in Pantera Park and
extends to the parking lot of Pantera Park which includes
Handicapped parking stalls and meets the City's requirements for
parking and access. At each transition there will be a round
landing for wheelchairs to rest and providing room for people or
other wheelchairs to pass. The portion of the walkway that does
not require handrails is five feet wide and the areas that require
handrails are eight feet wide to allow for maintenance cart services.
The plan is to have construction completed and the park open by
the end of August 2012.
C/Grundy said he predicted that people will park along Pantera and folks
will walk down the hill creating a pathway and wondered if the City had
discussed creating a walkway. CSD/Rose responded yes. The shortest
path would have been from Pantera Drive straight down the hill.
Unfortunately, such a path would have required a 2:1 slope and it is
currently closer to a 1.5 slope. Staff will monitor the issue and perhaps
create steps down to a path in a future phase of the project, if warranted.
3. OLD BUSINESS: None
4. NEW BUSINESS: None
5. ANNOUNCEMENTS:
VC/Liang commented on the State of the City event during which M/Chang
spoke about Washington Park and the Dog Park. He attended the CPRS
Conference in Long Beach and found it to be very interesting and informative.
MARCH 29, 2012 PAGE 6 P&R COMMISSION
C/Grundy thanked staff for the presentation and response from the City in
addressing the Lorbeer Middle School field situation which averted- serious
concerns.
C/Roberto thanked staff for the great presentations this evening and
RS/McKitrick for another good basketball season. He too attended the
conference in Long Beach and garnered a lot of useful information, especially the
programs related to Community Services and Parks and Recreation being
offered by various schools.
C/Owens asked if staff notified residents that Washington Park has tiles that
were done by the kids. RS/Murphey responded that staff plans to send out
letters closer to the dedication ceremonies.
Chair/Herndon thanked staff for an excellent job and echoed C/Grundy's
comments regarding quick action on 'Lorbeer and continued monitoring of the
situation by staff. He thanked outgoing Chairman Roberto for his service to the
Commission and said he would strive to do a good job during his term in office.
ADJOURNMENT: C/Roberto moved, C/Owens seconded, to adjourn the meeting.
With no further business before the Parks & Recreation Commission, Chair/Herndon
adjourned the meeting at 8:59 p.m.
The foregoing minutes are hereby approved this 29thday of March 2012
mitted,
RETARY
Attest:
LEW HERN'DON, CHAIRMAN
CITY OF DIAMOND BAR Agenda No. 6.2(b)
MINUTES OF THE PARKS & RECREATION COMMISSION
DIAMOND BAR CITY HALL - THE WINDMILL ROOM
21810 COP -LEY DRIVE, DIAMOND BAR, CA -91765
APRIL 26, 2012
CALL TO ORDER:
Vice Chairman Liang called the Parks and Recreation Commission meeting to order at
7:02 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Dave Grundy, Ted Owens, Vice Chairman Benny Liang
Absent: Commissioner Dave Roberto and Chairman Lew Herndon were excused.
Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and
Maintenance Superintendent; Claude Bradley, Parks and Maintenance Supervisor; Phil
Williams, Maintenance Worker II; Christy Murphey, Recreation Superintendent; Andee
Tarazon, Community Services Coordinator; and Debbie Gonzales, Administrative
Coordinator.
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented by CSD/Rose.
1. CONSENT CALENDAR:
C/Grundy moved, C/Owens seconded, to approve the Consent Calendar as
presented. Without objection, the motion was so ordered.
1.1 Approval of Minutes for the March 29, 2012 Regular Meeting.
1.2 Received and Filed status of Commissioners' Requests.
2. INFORMATIONAL ITEMS
2.1 Recreation Program Update — RS/Murphey
2.1.1 PowerPoint Presentation on Easter Egg Hunt by CSC/Tarazon
2.2 Parks Report — PMS/Jordan
2.2.1 Power Point Presentation on Parks Update — PMS/Bradley
2.3 CIP Projects — CSD/Rose
APRIL 26, 2012 PAGE 2 P&R COMAUSSION
2.3.1 Washington Park — CSD/Rose reported that dedication- ceremonies
are scheduled for Saturday, June 2, 2012 at 10:00 a.m.
2.3.2 Sycamore Canyon Park Trail — Phase IV — CSD/Rose stated that
dedication for the trail will take place next Saturday at 10:00 a.m.
2.3.3 Silver Tip Mini -Park — CSD/Rose indicated that the ribbon -cutting/
dedication ceremony will take place on June 16, 2012 at 10:00 a.m.
2.3.4 Design of Sycamore Canyon Creek Repair — CSD/Rose reported
that this project has been postponed until the 2017/18 FY.
2.3.5 Trails Free Standing Interpretive Exhibits — CSD/Rose explained
that the panels have been ordered and will be installed when they
are received.
2.3.6 Dog Park at Pantera Meadow — CSD/Rose
3. OLD BUSINESS: None
4. NEW BUSINESS:
4.1 Discussion of CIP Plan
4.2 Discussion of Department Budget
5. ANNOUNCEMENTS:
ADJOURNMENT: C/Grundy moved, C/Owens seconded, to adjourn the meeting.
With no further business before the Parks & Recreation Commission, Vice Chairman
Liang adjourned the meeting at 7:58 p.m.
The foregoing minutes are hereby approved this 26 day of April 2012.
LEW HERNDON, CHA1RMAN
Agenda No. 6.3
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 8, 2012
CALL TO ORDER:
Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: C/Torng led the Pledge of Allegiance.
1. ROLL CALL:
`41
43
4.
Present: Commissioners Frank Farago, Jack Shah, Tony
Torng, and Vice Chairman Steve Nelson.
Absent: Chairman Jimmy Lin was excused.
Also present: Greg Gubman, Community Development Director;
Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella
Marquez, Administrative Coordinator.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Gail Charette spoke about her concerns regarding Fall Creek condominiums.
APPROVAL OF AGENDA: As presented
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of April 10, 2012.
C/Torng moved, C/Farrago seconded, to approve the Minutes of the
Regular Meeting of April 10, 2012, as presented. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Farago; Torng, VC/Nelson
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Shah
ABSENT: COMMISSIONERS: Chair/Lin
5. OLD BUSINESS: None
6. NEW BUSINESS: None
MAY 8, 2012 PAGE 2 PLANNING COMMISSION
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL2012-86 — Under the authority of
Diamond Bar Development Code Section 22.58, the applicant Matt Jeng
and the property owner Country Hills Holding, LLC, requested Conditional
Use Permit approval to permit a tutoring center. The tutoring center will
offer classes Monday through Saturday with hours that are adjusted in
accordance with the school year. The subject property is zoned C-2
(Community Commercial) with an underlying General Plan designation of
General Commercial. Approval of a Conditional Use Permit is required to
operate a business offering tutoring services.
PROJECT ADDRESS: 21349 Cold Spring Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Country Hills Holding, LLC
c/o Sarofim Realty Advisors Co.
8115 Preston Road, Suite 400
Dallas, TX 75225
APPLICANT: Matt Jeng
713 W. Duarte Road #G303
Arcadia, CA 92007
PT/Tobon presented staff's, report and recommended Planning
Commission approval of Conditional Use Permit No. PL2012-86, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the Resolution.
VC/Nelson opened the public hearing
Matt Jeng, applicant, explained that the business was started about one
year ago and due to growth of the business, he is seeking this location to
accommodate all of his high school students who are preparing for the
SAT's: This will be a one instructor to one or two students to provide a
more private tutoring atmosphere.
C/Shah asked if the school would provide only SAT classes and Mr. Jeng
responded that it was SAT preparation. Mr. Paul, owner, said the school
caters to SAT, ACT and AP exam preparation for high school subjects and
standardized testing.
MAY 8, 2012 PAGE 3 PLANNING COMMISSION
VC/Nelson asked the applicant if he had read staff's report and if he
concurred with the Conditions of Approval to which the applicant
responded affirmatively.
VC/Nelson closed the Public Hearing.
VC/Nelson questioned the future use parking accommodationsand
CDD/Gubman responded that there is still a significant surplus of parking
well beyond the minimum parking requirement for the square footage in
the shopping center. Staff is confident that retail or other uses should
continue to be comfortably accommodated in the future.
C/Torng said he has made frequent visits to the site and noted an
abundance of parking.
C/Torng moved, C/Shah seconded, to approve Conditional Use Permit
No. PL2012-86, based on the Findings of Fact and subject to the
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Lin
7.2 Conditional Use Permit No. PL2012-44 — Under the authority of
Diamond Bar Municipal Code Section 22.58, the applicant Matt Jeng and
the property owner Country Hills Holding, LLC, requested Conditional Use
Permit approval to permit a fitness studio. The subject property is zoned
Community Commercial (C-2) with an underlying General Plan land use
designation of General Commercial.
PROJECT ADDRESS: 2753A Diamond Bar Blvd.
Diamond Bar, CA 91765
PROPERTY OWNER: Country Hills Holding, LLC
c/o Sarofim Realty Advisors Co.
8115 Preston Road, Suite 400
Dallas, TX 75225
APPLICANT: Matt Jeng
713 W. Duarte Road #G303
Arcadia, CA 92007
PAGE 4 PLANNING COMMISSION
PT/Tobon presented staff's report and recommended Planning
Commission approval of Conditional Use Permit No PI 2012-44, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the draft resolution.
C/Shah asked for clarification with respect to the maximum number of
students per class, the age group and whether they would be driving.
PT/Tobon explained that the parking was calculated with the maximum
number of students anticipated at the center. Classes are for adults 18
and over. C/Shah asked if the class times overlapped which PT/Tobon
responded that they do not overlap.
C/Torng said he was curious why there was no noise abatement condition
or is the room sound proof. CDD/Gubman responded that there is no
stated condition in the resolution. It is presumed that there are rules and
regulations pertaining to the conduct of tenants within the center that the
tenant would be contractually obliged to conform to and the property
owner would need to deal with any tenant disputes. C/Torng may wish to
direct his question to the applicant for further details.
C/Shah said he felt there was potential for some overlap and asked if the
parking could be accommodated or whether there should be a condition to
look at the situation in six months or so. PT/Tobon reiterated that
according to staffs report there is a surplus of about 150 parking spaces
so there should be plenty of parking available at the shopping center.
CDD/Gubman said if the Commission wished to add a condition for a six
month review, they could do so at the conclusion of the public hearing.
VC/Nelson opened the public hearing.
Matt Jeng, applicant, stated that with respect to sound and noise, there is
actually a revised floor plan design with a vestibule to separate the area
and block the music because there is a residential area toward the rear of
the building so that all of the noise goes toward the parking lot.
Richard Yeh, representing the property owner, said he is very cognizant of
the noise issue from a property management perspective and the owner
has put a lot of sound proofing in the demising wall that separates the
Zumba space from the space next door, a shoe retailer. The opposite wall
is a CMU exterior wall so there should be no sound penetration into the
adjoining tenant's space. In addition, he required the tenant to place a'
vestibule around the rear door to prevent any sound attenuationfrom the
rear door and asked the tenant to place a glass wall near the front of the
MAY 3, 2012 PAGE 5 PLANNING COMMISSION
store to create an extra barrier and prevent sound from going out the front
of the space.
C/Shah asked if the CMU wall was an eight inch CMU wall and Mr. Yeh
said he would not want to misquote the facts. C/Shah asked if the wall
separating the tenant spaces went all the way to the roof and Mr. Yeh
responded that it did and that there is a drop ceiling on both sides of the
demising wall.
VC/Nelson told the applicant that the Commission was obliged to take
noise issues into consideration when deliberating on such matters.
VC/Nelson closed the public hearing.
C/Shah moved to approve Conditional Use Permit No. PL2011-44,
Findings of Fact, and subject to the conditions of approval as listed within
the Resolution with the addition of a Condition that staff check into the
parking within six months to assure there is no problem. C/Torng asked
C/Shah to consider adding a condition regarding the sound wall. C/Shah
said if the Commission wants to address that issue it would have to
include a maximum decibel level and most 'likely the tenant will have to
comply with the law. The legal requirement is that the noise level should
not exceed a certain Diamond 'Bar threshold. If there is a problem the
Sheriff would have to address the matter. C/Torng asked for staff's input.
CDD/Gubman responded that'C/Shah is correct. Noise levels are
regulated in the City's Municipal Code and there are measurable criteria
that can be used to determine whether or not a violation has occurred. If
the Commission wishes to add a condition for a;follow up review, staff can
review any calls for service or any enforcement issues related to this
matter which may lead to the imposition of additional mitigation or
conditions to help relieve the concern. C/Torng asked C/Shah to amend
his motion accordingly. C/Shah asked staff to explain what kinds of
business are next door to the proposed site and PT/Tobon responded that
on one side there is a shoe store and on the other side is a hair salon.
C/Shah agreed to add the six month review condition to address noise
considerations. C/Torng seconded the amended motion.'
VC/Nelson asked what Zumba is and how loud the music actually plays
and whether this is something that is really a concern.
Jeannie Lin, 860 Sunset Place, explained that Zumba is a dance fitness
that provides fun, fitness and weight loss. It is music fitness and the music
is loud and she will make sure that the business conforms to the noise
MAY s, 2012 PAGE 6 PLANNING COMMISSION
regulations. She said she is passionate about this business and wants to
bring something clean and healthy to Diamond Bar and she will make sure
the business is well-run and clean and that there are no complaints. She
will make sure that the space is sound proofed so that noise does not
bother the neighboring tenants. She has lived in Diamond Bar for many
years and knows that the hair salon next door is looking forward to this
new business and the synergy it will bring to the center. She also believed
the business would be very compatible to the shoe store next door.
C/Shah asked if men were allowed to participate and Ms. Lin said she
would love to have men participate. VC/Nelson asked if Ms. Lin was
comfortable with C/Torng's amendment to the motion that the City reviews
the parking and noise issues. Ms. Lin said she would have no problem
because her number one concern before she leased the space was to
make sure there was plenty of parking and good sound abatement.
VC/Nelson called for the question.
Motion carried by the following Roll Call vote`
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson
NOES: COMMISSIONERS: None
;ABSENT: COMMISSIONERS: Chair/Lin
8 PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah said he was looking forward to the City Birthday Celebration this
Saturday.
C/Torng said he too looked forward to the City's Birthday Celebration and the
Friends of the Library beer garden corner fundraiser for the Library. This year
the City presented Commissioners with the best T -Shirt he had ever received.
9. STAFF-COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman reported that the May 22 meeting has been canceled and the next
regular Planning Commission meeting will be held on June 12. There are two
items pending for the agenda which currently consists of anew single family
residence on Feather Rock in "The Country Estates" as well as the annual review
of the City's Capital Improvement Plan (CIP) for fiscal year 2012/13.
9.1 Public Hearing dates for future projects.
MAY 8, 2012
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Vice Chairman Nelson adjourned the regular meeting at 7:36 p.m. to June 12, 2012.
The foregoing minutes are hereby approved this 22nd day of May, 2012.
Attest
Respectfully Submitted,
Greg Gubman
Community Development Director
Jimmy L` , Chair an
PAGE 7
PLANNING COMMISSION
Agenda # 6.4
Meeting Date: June 19th, 2012
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man('y
TITLE: Ratification of Check Register dat May 31, 2012 through June 13, 2012
totaling $ 817,917.09.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 817,917.09 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated May 31, 2012 through June 13,
2012 for $ 817,917.09 is being presented for ratification. All payments have been made
in compliance with the City's purchasing policies and procedures. Payments have been
reviewed and approved by the appropriate departmental staff and the attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
Luisa Fua
Accounting Technician
REVIEWED BY:
Finance Director
Attachments: Affidavit and Check Register— 05/31/12 through 06/13/12.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated May 31, 2012 through June 13, 2012 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
Amount
General Fund
$589,342.33
Com Org Support Fund
$700.00
Prop A - Transit Fund
$6,375.10
Prop C - Transit Tax Fund
$53,602.22
Integrated Waste Mgt Fund
$7,012.43
Com Dev Block Grand Fund
$601.45
Jag Arra Grant
$472.71
Jag Grant
$32.61
LLAD 38 Fund
$12,252.27
LLAD 39 Fund
$12,056.91
LLAD 41 Fund
$4,365.74
Enrgy EF & Cnsvtn Block Grant
$17,561.00
Capital Imp Projects Fund
$108,406.32
Computer Eq. Repl Fund
$5,136.00
$817,917.09
Signed:
Dianna Honeywell
Finance Director
t4
U
m m oN o m r
O m O I� O N N m
O (O L O M fR m
M o ui Lo "3
OJ M fR � fA
d' M N m m OJ O N O N (D
N r m
M. 0. (p OI N O N Y1 O N N N
Ip M l0 f� O r m m N N N M
M M l0 N O O m V tO M m
(O M
O O O O O O O M N tO �f1 N
O O O O O
V V V V N C V V
M O O O O O O
O O O O O O O N O
O O O O O N O
r
w LL
z m
w O m o o
U
yy a
a a a a a YO z p F LL N a w
a m a a a
A a A N m N N jam- � a
LL a a w LL J ¢ Lu W
J U J J U J
r r r r r r O m a J U O
a' K fL —M K z w 7� Q W U r
a s Z Of 0 U LL U w �
U
Z
K
W
w
Z
z }
Z Z
LU a
Z 0
O
rt a a a E r U
lwL lWL IWL LLw. IW1. w 0 r
Z Z Z Z Z O N N U 0 Q
r r r r r U O O Q m K }
J J J J J r H F Z 2 O
K K Q W W w r U W
Y } Y } }
a a a a a n ¢ ¢¢ (f ¢ m m
N
d N m O N N O N
m m m m m m m
rii m m m m m m m
N N N N N N N N N N N N N
O O O O O N N ON ON N N N
N N N N N
t0 O tO t0 fO N h O) m N N � N
o
0
O
O
Vi
Q
u
L
U
m
F�
M
m
M
m
t0
m
M
m
lO
m
C
(O
M
M(
Iq
0
O
w
O
M
m
O
M
I�
O
0
Octn
M
c0
R
Co
lO
O
O
W
M
W
M
w
to
N
(O
vi
MO`
ui
�o
co
ui
uS
co
E
ik
0
00
0
0
0
0
0
0
0
0
0
0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
NN
N
N
N
N
N
N
N
N
N
N
N
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
Q
6
-O
O
O—
.-
.-
-
O
C
IL
a
N
g
P
-
-
-
-
-
-
-
-
-
-
-
m
m
a
a
m
a
a
m
a
a
a
m
m
a
a
m
m
a
a
m
a
a
a
as
a
a
as
as
a
as
LL
LL
LL
LL
LL
LL
LL
LL
LL
LL
LL
to
N
N
w N
y
U
N
N
U
N
N
r
r
r
r
r
F-
r
r
r
r
r
r
r
K
K
a'
K
K
K
K
a
a
a
a
a
a
a
a
a
a
a
a
m
Z
`o
a
c
LL
LL
w
w
LL
LL
LL
LL
LL
LL
LL
w
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
X9999§9999999§
r
r
r
r
r
r
rr
r
r
r
F--
0
0
00
0
0
0
0
0
0
0
��
�a�
r
w cc
w
>7
a
w
a
w
rra
Q
¢
¢
¢
Q
¢
¢
¢
¢
¢
Q
Q
Q
a
a
a
a
a
a
a
a
a
a
a
a
a
a
`m
E
z
a
a
U
N
L
U
d
N
N
N
N
N
N
N
N
N
N
N
N
N
N
U
N
C
C
C
C
C
C
r
C
C
C^
C
L
(D
(O
tD
t0
fO
(O
t0
(O
t0
(D
(O
(O
tO
(D
U
m m oN o m r
O m O I� O N N m
O (O L O M fR m
M o ui Lo "3
OJ M fR � fA
d' M N m m OJ O N O N (D
N r m
M. 0. (p OI N O N Y1 O N N N
Ip M l0 f� O r m m N N N M
M M l0 N O O m V tO M m
(O M
O O O O O O O M N tO �f1 N
O O O O O
V V V V N C V V
M O O O O O O
O O O O O O O N O
O O O O O N O
r
w LL
z m
w O m o o
U
yy a
a a a a a YO z p F LL N a w
a m a a a
A a A N m N N jam- � a
LL a a w LL J ¢ Lu W
J U J J U J
r r r r r r O m a J U O
a' K fL —M K z w 7� Q W U r
a s Z Of 0 U LL U w �
U
Z
K
W
w
Z
z }
Z Z
LU a
Z 0
O
rt a a a E r U
lwL lWL IWL LLw. IW1. w 0 r
Z Z Z Z Z O N N U 0 Q
r r r r r U O O Q m K }
J J J J J r H F Z 2 O
K K Q W W w r U W
Y } Y } }
a a a a a n ¢ ¢¢ (f ¢ m m
N
d N m O N N O N
m m m m m m m
rii m m m m m m m
N N N N N N N N N N N N N
O O O O O N N ON ON N N N
N N N N N
t0 O tO t0 fO N h O) m N N � N
w
z
U
Z_
F-
0
w
W
v
rn
N
O
N
N
O o
0
0
m
O
O
r
O
O
O
O
N
O
r
r
V
g�
O
0
o o
O
m
v
w
z
W
w
z
U
G
z
U)
U
w
O
p
z
w
Z
O
r
K
w
U
O
N
0 0
0
3
°
�¢
O O
O
0
N
O
O
W
W
V
V
M
O
tO
N
O
O
O
O
f0
(q
N
W
01
N
r
(D
M
O
W
r
W
O
W
V
O
O]
V
M
V
fO
r
W
v
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
O
0
M
O
O
O
O
O
O
O
O
O
O
O
O
N
O
O
O
O
O
O
O
O
O
O
O
O
(O
O
r
M
O
M
O
M
m
M
m
M
O
M
T
M
M
O
M
m
M
m
M
m
M
O
r
0
0
0
0
0
0
0
a 0
0
0
0
0
a 0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
M
O
O
O
w
y
Z
`
o
r
F=
F=
r
F=
F=
F=
W
-6
-6
O
U
Cw7
d
d
O
W
O
_
O
p
U
WO
z
a
a
a
m
m
a
a
a
a
m
a
a
a
ax
O
O
O
O
O
O
O
O
O
O
O
O
z
N
z
z
z
z
z
z
r
z
Z
z
Z
Z
Z
Z
Z
Z
z
Z
z
Z
Z
z
z
Z
Z
z
Z
Z
W
W
W
W
W
W
W
W
W
W
W
W
W
W
Z
Z
Z
Z
Z
Z
Z
ZZ
Z
Z
Z
Z
Z
K
K
0-1�
d'
CL
Ir
ww
w
w
w
w
w
w
w
w
w
w
w
w
>
>
>
>
>
>
>
>
>
>
>
>
>
>
O
O
O
O
O
O
O
O
O
O
O
O
O
O
C7
C7
(�
O
U
C7
C7
U
O
C7
C7
C7
C7
C7
U
U
U
U
U
U
U
U
U
U
U
U
U
U
v
rn
N
N
N
N
N
N
N
N
N
N
N
N
N
N
o
0
0
0
0
0
0
0
0
0
0
0
0
0
(+1
(--
(�
Cl
t\l
M
M
M
M
M
M
M
M
M
W f0 f�
N N N
M M r
v
O o
0
0
m
O
O
r
O
O
O
O
N
O
r
r
V
g�
O
0
o o
O
m
v
w
z
W
w
z
U
G
z
U)
U
w
O
p
z
w
Z
O
r
K
w
U
N
W f0 f�
N N N
M M r
v
U)
O o
0
0
m
W
w
a
m
m
J J
w w
M
M
m
M M
r
V
g�
O
0
o o
O
m
v
w
z
W
w
z
U
G
z
U)
U
w
O
p
z
w
Z
O
r
K
w
U
N
U)
W
r
W
m
W
w
Z
m
m
J J
w w
J
w
>
m
m
r
g�
O
0
U
o
z
w
O
ww w
z z
w w U
w w
z z
w
z
W
w
z
U
G
z
U)
U
w
O
p
z
w
Z
O
r
K
U)
W
r
W
m
W
w
Z
m
m
J J
w w
J
w
>
m
m
r
O
0
Q
O
O
U
O
O
Q Q
w
U
N
0 0
0
3
°
�¢
O O
O
0
O
W
r
W
m
m
m
m
m
m
m
m
rn
m
m
r
0
0
Q
O
O
O
O
N
N
QOI I� �I 101 ISI 10
N M
M O
O N
N W
f9
O M O M
M N N O
O W N O
W
v
0 0 o a
o
V V V N
O O O
� h �
O O l[l O
O
O O O
O O O
U)
K K K d
O O O
EL CL ( z
w
N N N N
F -
z z w
z
w a m
K 0: a'
w Fw- H
z Z z
w w w
U U U
Q
}
O O O
H Fw- F w
z z z ❑
ob Q
F-
0
v v
m m
N N N N
O O O O
N N N N
M M M M
V
N
N
CL
III
fA
M v �n m �o r m
m m m °m m
Q
O
O
O
W
N
U
O
O
O
NN
O
O
N
Z Z
Z:) w
JO N
W
Z
O N
Q
N
`
N
N
U
N
?
O O
N N
cl O -
M
\l
M
M
M
N
N
N
N
N
N N
N N
h
N
V
V
M
V
N
V V
V
V
V V
V
V
w
w
Z Z
y }
Q
Q�7
N
F7
_
W
w w
N
¢
O
w
°
W
O
w
M
O
O
O
O
O O
O
O
O
U
M v �n m �o r m
m m m °m m
Q
O
O
O
W
N
U
O
O
O
NN
O
O
N
Z Z
Z:) w
JO N
W
Z
O N
Q
N
`
N
N
U
N
?
O O
N N
cl O -
M
\l
M
M
M
N
MLij
N
N
N N
N
V
V
M
O
N
Q Q
V
O
V V
w
w
Z Z
y }
Q
Q�7
N
F7
_
W
w w
N
¢
O
w
°
W
O
w
O
Q
00
Z
W ❑
O
O
U
Z
O
J J
a
N
U
D
Z
is
LU LU
CO
Z
Q
m a
❑
w
w
Q
U
Z
K
Z
O
m
N
O
a
a
m
❑
D D
m m
❑W
Q
z
j2
� �
o
Z
n
�
t❑n
m
M v �n m �o r m
m m m °m m
Q
O
O
O
W
N
U
O
O
O
O
O
O
N
Z Z
Z:) w
JO N
W
Z
O N
Q
N
`
N
N
U
N
?
O O
N N
cl O -
M
\l
M
M
M
N
N
N
N N
N
V
V
M
O
N
Q Q
V
O
V V
w
w
Z Z
y }
Q
N
O_ O
w w
N
O
O
~ ~O
O
00
O O
O
O
U
w
w w
a
N
Z
LU LU
CO
Z
Q
N
W W
z z
U
U
Z
K
Z
O
Ir
Z
t
m
m
D D
m m
❑W
Q
z
j2
Z
a
o
O
w
i i
O
O
O O
❑
Z
�
z
w w
z
W
Q
Q
°
Q Q
=
>
F
(7
Z
Z
0
O O
O
W
W
M v �n m �o r m
m m m °m m
M O O O N
D O O O r
0 Lo
N � O
V3
f9
N
N
O
O
O
W
N
U
O
O
O
O
O
O
N
Z Z
Z:) w
JO N
W
Z
O N
Q
N
`
N
N
N
N
M
O O
N N
M
M
\l
M
M
M
N
N
N
N N
N
M O O O N
D O O O r
0 Lo
N � O
V3
f9
N
N
O
O
N
W
N
U
0
❑
z
W
K
O
M M
O
O
Z Z
Z:) w
JO N
W
Z
O N
Q
FIfm
N
O
OM
O
a
O O
N N
C01
N
a
N
N
N
N N
N
V
V
M
N
V
V V
y }
N
w w
N
O
O
O
O O
O
O
O
O O
.- N M v v ill
n a �o r
v v v a v
m m m m rn m M
N
N
�
N
N
W
N
U
N
❑
z
W
K
O
N N
Z
a
Z
O
W
w
N
Z
Z Z
Z:) w
JO N
W
Z
O N
Q
FIfm
O
O
O
a
O O
z
.- N M v v ill
n a �o r
v v v a v
m m m m rn m M
N
N
N
N
N
N
N N
O
O
O
O
O
O
O O
N
N
Q
N
N
N
N N
M
M
U
M
M
M
M M
y }
N
w w
O O
w
N
z
Q
N
W W
z z
Q(D
¢J
Z
D D
N
zK
J
j2
a
o
O
w
i i
❑
�
w w
z
°
=
F
Z
.- N M v v ill
n a �o r
v v v a v
m m m m rn m M
N
N
N
N
N
N
N N
O
O
O
O
O
O
O O
N
N
N
N
N
N
N N
M
M
M
M
M
M
M M
W.
C
1(J
v
Ih
n
z
a
f0 r
0
N
ro
D
W
O
Ur
N N
O N
m
H
O
~
U
U
y
O
K
a
LD
U
w y
U) m
d yN
Z
w
a
O
co
F
� U
Q
of
OU
�
a
V
V
O
O
N
w
1� O rn
N
O rn C N
O M M. O
N O
z
l0 N i�
N I� M
V
O
O (O M rn
O rn N V
O
N
V
a
M
N O
r N
V
rn
O
V
O C'1 M
N N rn
V
z
N
°
o 0
N
M
M
F
M M
O
O
O
O
Ol
O
rn rn W
O O O
� t(1 N In
O O O O
¢o
M M M M
rn rn 01 rn
O O O O
a
0
O
w w
LL
N
o C7
o
v
n
z
a
o
a
7
z
ro
m
a
Z
W
o
w
0
z
Ur
N N
O N
m
H
O
~
U
U
y
O
K
a
LD
U
w y
U) m
d yN
Z
w
a
O
co
F
� U
N
v
n
o
E
ro
W
m
Ur
m
m
m
o
N
a
N
Z
m
m
rn
co
Q Q
t
of
OU
�
a
V
V
O
O
N
w
1� O rn
N
O rn C N
O M M. O
N O
z
l0 N i�
N I� M
V
O
O (O M rn
O rn N V
O
N
z
V
N
N O
r N
rn
O
z
O C'1 M
N N rn
z
N
°
o 0
N
M
M
F
M M
O
O
O
O
Ol
O
rn rn W
O O O
� t(1 N In
O O O O
¢o
M M M M
rn rn 01 rn
O O O O
a
0
w w
K
o C7
m
v
n
o
Z
ro
W
m
Ur
m
m
m
o
N
a
N
v
m
m
rn
co
m
t
of
U
V
V
O
O
N
1� O rn
N
O rn C N
O M M. O
N O
N 7 rn t0
l0 N i�
N I� M
V
O
O (O M rn
O rn N V
O
N
V
N
N O
r N
rn
O
O C'1 M
N N rn
N
M
M
M
M M
O
O
O
m
v
n
o
o
ro
W
Ur
vi
M
v
ttl
m
O
o
N
a
N
ui
rn
of
O
of
O
co
�'
of
V
V
O
O
N
1� O rn
N
O rn C N
O M M. O
N O
N 7 rn t0
l0 N i�
N I� M
V
O
O (O M rn
O rn N V
O
N
V
N
N O
r N
rn
O
O C'1 M
N N rn
O
O
O
O
Ol
O
rn rn W
O O O
� t(1 N In
O O O O
O O
O O
N N
M M M M
rn rn 01 rn
O O O O
m m m
J J J
U6 U
> > N
¢J J ¢ J
rr rr
F- F- F-
U U U
r r
U U U
Q' d' =
Q Q Q
N
w
a
Q
w
z
0
-,
a
m a Q
d Q F 0
F-a
M Z
UQ Q Z
w z O
r z.
Z Q X O
Q 2i O F
O r
¢=O C7
O �= F- w
K m U>
0
IL
a
z
O
¢F¢
w
U
w
K
0
LL
z
Z
O
w
U
w
m
z z
a Q
Ch a
N U
>>
w w
z z
C7 0
to 0
w w
0 0
>
i2
N
U
N
o
z
O
J
b
o m a
m d a
N m
m
m w m m
Ow a w w
a m m
2�� z
O O O of
U U U a
Y
z
K
w
Z
O
w
z z
m
0 0 0 0
w w
z
z
U
Z)
z z z
U U U
zzz
°J a
w
=a
0
UO
a
z
m
m
N
aa'z
m m m w
m
K=
w
O O O
vUUU
U U U U
z
O
y
m
rn
N
z
}
m
m
m
N
U C9
m
w
K K
as
z z
O O
0
°
U
w
a
m
m
N
> > > >
0 0
4�g<�
a a a a
rn
m
w
rn
rn
m
rn
rn
N N N
N N N N
N N
N N N N
O O O
N N
O
N
O O O O
N N N N
O
N
O
\
O O
N N
O
N
O O O O
N N N N
M M M
M
M t\l M
M
M
M M
M
Q(� t\l Q
N h 4n
il1
� N N tfi
N
N
N N
�Il
N � N L[1
0
w
m
a
u
v
0
r
0
o
0
W
N
N
LD d
O
(O
N
O
O
m
O
t0
O
m
0 W
U W
0 z
m W
ti N
U U
N
z z
a a
m
O
O
O
V
rn
fA
rn
U!
rn
43
m
V r OJ O Vl r
of N O O l0 rn
N r O O
0 0 0
O O O
O O O
N M O
fA M� O
W
0 (Dzz W
U w w OU Y Y
? w w LL K K
Y z z O w W
C7 0
z ZZ
g w w m z Z w
U U
OU LL � ¢ a a
Z Q Q U W W U
O a s w 7 C7 U
C-) O O O m m v~
zQQ QzQ FD z Z
K K K w w w U
0
0
O N
0
O
O O
N
N
LD d
N
N
N
O
O
m
O
m
O
m
0 W
U W
0 z
m W
ti N
U U
N
z z
a a
m
O
O
O
V
rn
o
rn
O
V
rn
O
M
m
N
N
N
N
N
N
N
N
O
O
O
O
O
O
O
<
O
N
N
O
O O
V
N
N
l0
N
O
O
O
O
O
O
O
(If
Z z
Z
O
O
M
h
O N
V
V
O
O
O
Y
O
O
O
O
N
O
O O
O
W
0 (Dzz W
U w w OU Y Y
? w w LL K K
Y z z O w W
C7 0
z ZZ
g w w m z Z w
U U
OU LL � ¢ a a
Z Q Q U W W U
O a s w 7 C7 U
C-) O O O m m v~
zQQ QzQ FD z Z
K K K w w w U
0
0
Z Y
0
0
0
N
0
LD d
O
N
O
C7
d
wj
w
w
m
F- Z
W O
W=Z
' y
>
F
z z
m
N
U
z
OU
>
m
0 W
U W
0 z
m W
ti N
U U
N
z z
a a
W
0 (Dzz W
U w w OU Y Y
? w w LL K K
Y z z O w W
C7 0
z ZZ
g w w m z Z w
U U
OU LL � ¢ a a
Z Q Q U W W U
O a s w 7 C7 U
C-) O O O m m v~
zQQ QzQ FD z Z
K K K w w w U
0
0
O
0
0
0
0
O
O
N
m
O
m
m
m
O
m
m
N
N
m
rn
o
rn
O
V
rn
O
M
m
N
N
N
N
N
N
N
N
O
O
O
O
O
O
O
<
O
N
N
N
N
(V
N
N
N
a
r -
t0 O O O N M O
tM O O O V O O
�-
�
0 O O O N M O
M O O O V M l0
M O O O (D r r
� N
D
O
O
N
O
O
O
N
O
O
O
O
N
N
N
O
V
O
V
O
M
O
V
M
N
N
V
V
V
N
V
<
V
O
O
O
N
O
O
O
O
O
O
(If
Z z
Z
O
O
M
N
N
N
N
N
N
N
O
O
O
O
O
O
Y
Z
O
tIJ
N
LL'1
N
N
O
N
m
rn
m
rn
m
m
m
rn
m
rn
W
rn
m
U
N
N
Q
N
N
z
N
O
z
O
U
K
T-
z
co
Z
N
z
(If
Z z
Z
a
0
cl
U
N
�
Z
w
w
m
U
Z
c'
N,
N
N
CL
tIJ
N
LL'1
N
N
O
N
m
rn
m
rn
m
m
m
rn
m
rn
m
rn
m
rn
N
N
N
N
N
N
N
O
O
O
O
O
O
O
N
N
N
N
N
N
N
N,
N
N
CL
0
�
Z
`o
o
r
U
o
Z
m
Q
y
�
0
W
Z
O
¢
O
N
6
J
Z
O
F
Z
Z
m
O
N
Q
#
U
N
M
O
O
O
a
fop
f�0
ONi
V
m
O
M
O
v
v
of
v
v
v
�ri
�
O
0
LL
0
V
M
0
Q
Z
`o
N
U
o
Z
m
Q
y
�
0
W
Z
O
¢
O
N
6
J
Z
O
F
Z
Z
m
D
v
O
O
r
I� N M O N
� n vii m v
M
O ll) tp Ln N
N N N N N
N N N N N
V V V V V
O M O O M
m O O tP M
O O O O M
v v v v fn
0 0 0 0 0
0 0 0 0 0
J aJa J
W y2y W W U
O F W W p
M U to O O
J
(O N to N M
2 2 2 2 2
a a a a a
Q Q Q Q Q
Z Z Z Z Z
w K K K LL
O O O O O
LL LL LL LL LL
J J J J J
U U U U U
Z Z Z Z Z
O O O O O
N_ N_ N_ N_ N_
w Of Of w w
w w w w w
N
m
tT
N N N N N
O O O O O
N N N N N
M M M M M
0
N
O
fop
f�0
ONi
V
m
O
M
O
v
v
of
v
v
v
�ri
r�
O
V
N
V
M
V
N
O
M
N
N
u>
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
V
V
V
O
V
V
V
V
V
O
V
V
V
O
O
O
O
V
v
a
a
v
a
v
v
a
v
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
w
LU
W
LU
0
U
O
�
O
U
U
U
U
U
N
w
O
0
0
0
wo
V
W
¢ f¢
K
K
K
K
K
K
K
K
U
U
U
U
U
U
U
U
U
J
J
J
J
J
J
J
J
J
J
J
J
J
J
J
J
J
J
U
U
U
U
U
U
U
U
U
N
f/1
U1
N
fn
N
V)
(A
M
w
w
w
w
w
w
w
w
w
J
J
J
J
J
J
J
J
J
Z
Z
Z
Z
Z
Z
Z
Z
Z
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
M
N
m
N
N
N
N
N
N
N
N
N
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
\
(\
M
M
M
M
M
M
M
N
O
N
0 0
0 0
N M
N N
M
O
O
N
N
r;
t5
OM
r
N
O
N
o
O
m
0
O
O
0
O
r
0
v
N
o
O
o
v
m
0
O
N
O
N
m
M
o
(O
N
N
•-
V
� O
N
N
M
O
E
O
m
O
E
N
N
O
r
N
m
f0
O
r
O
lO
M
M
O
M
O
N^
^
N
O
N
O
N
N
M
U
M
N
M
N
M
N
ik
NO
o
V
0o
V
N
d
o
V
O O
N
O
O
N
No
N
0
O oo
M M
M M
d
N
M
M
Q
~
C
O
V
O
N
Z
O
N
O
N
Z
w
9
M
C
C
z
Z
o
r
N
O
N
o
O
m
0
O
o
0
O
uri
0
m y
N
V
N
O
o
v
n
0
m
N
O
N
r
M
N
(O
N
N
•-
V
� O
N
N
M
O
N
N
m
N
E
ZO
w a
K
C)
N
Z
tan
U
0
r
r
m
m
¢ o
W m
W W
W
O
O
Z
N
N
U
UM
o0
O
Z
ai
U
U
O0
M
o
o
J
p
}
a
O
M
O
N^
^
N
O
N
O
N
N
M
U
M
N
M
N
M
N
ik
NO
o
V
0o
V
N
d
o
V
O O
N
O
O
N
No
N
0
O oo
M M
M M
d
N
M
M
Q
~
O
N
O
V
O
N
Z
O
N
O
N
Z
w
Z
U
U
z
o
7
_
W
LL
C
z
Z
N
N
r
N
O
N
o
O
O
N
0
O
N
0
O
N
N
0
M
N
N
V
N
O
N
N
v
l0
N
0
r
N
N
N
M
(O
N
V
O
N
c�
M
N
Y
}U,
Z
w
m
m
U
L
U
ZO
w a
K
C)
N
Z
tan
U
0
r
F
¢Q.
n
a
m
m
¢ o
W m
W W
W
O
O
Z
N
N
U
UM
o0
O
Z
ai
U
U
O0
M
o
o
J
p
}
a
C
z
Z
N
N
r
N
O
N
o
O
O
N
0
O
N
0
O
N
N
0
M
N
N
V
N
O
N
N
v
l0
N
O
r
N
N
N
M
(O
N
V
O
N
M
N
m
L
U
N
r
m
0
O
O
Z
M
O
M
O
N^
^
N
O
N
O
N
N
M
U
M
N
M
N
M
N
M
N
O
V
O
V
N
d
O
V
O O
V
O
M
N
N
W
O
E
Q
~
W
a
z_
Z
Z
w
Z
U
U
z
o
7
_
W
N
w
x
Q
Z
i
�
ti
(W
Z
J
O
K
?
K
Oa'
OU
¢?¢
U
w
Y
U
a0
z
x}
3
0 o
W
a
=
OU
U
y
z
o
g
W
N
m
OU
W
¢
x
O O
W
w
w
Z
C
z
Z
N
N
r
N
O
N
o
O
O
N
0
O
N
0
O
N
N
0
M
N
N
V
N
O
N
N
v
l0
N
O
r
N
N
N
M
(O
N
V
O
N
M
N
m
L
U
N
r
m
0
O
O
Z
M
O
M
O
N^
^
N
O
N
O
N
N
M
N
M
N
M
N
M
N
M
N
O
V
O
V
N
d
O
V
O O
V
O
M
N
N
W
O
Q
~
W
a
Z
0 0 0
0 0 0
r O N
t+Nl N r
U3 H3
o
N
r
N
o
O
0
O
0
O
0
Z
N
J
O
v
O
N
N
M
(O
N
V
O
N
M
N
m
M
N
r
m
0
O
O
Z
M
O
M
O
N
^
N
O
N
O
N
N
M
M
M
M
M
C7
Q
V
2
V
0
d
LU
V
V
M
W
Q
~
W
a
Z
w
U
U
z
o
7
W
O
w
z
M
V
Z
M
J
v
v
a
v
U
N
LL
N
a
O
}
N
W
U
W
as
UN
o
¢
m
N
o
m
0
O
U
N
M
V
Z
M
J
v
v
a
v
U
N
N
N
N
O
N
N
m
m
W
U
m
m
0
m
m
Z
m
rn
Z
J
N
^
N
O
N
O
N
N
U
C7
Q
N
2
N
0
N
LU
Z
Fa,
U
W
Q
~
W
a
Z
w
U
U
z
o
7
W
N
w
x
Q
Z
i
�
ti
O
O
N
M
V
M
v
v
a
v
a
N
N
N
N
N
N
m
m
m
m
m
m
m
m
m
rn
m
rn
N
^
N
N
N
N
N
N
N
N
N
N
p
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
0
U0
❑ R
zz z
0
0
r
r
O
O
N
a
N
N
E
W
O
N
O
¢
m
0 0
O O
69
r
f9
y
U
_
�
dN
N
M
V
p
V
2
W
N
M
L
N
O
l0
O
U
M
G
O
t0
m
M
m
❑
N
F
O
N
tN"l
co
M
r
m
O
O
m
O
N
n
N
z
0
0
0
m
C
In
O
O
m
O
h
r
E
V
O
V
M
V
M
M
M
O
N
O
N
M
N
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
U0
❑ R
zz z
0 0
r
0
m
N
0
N
M
a
M
I
M
O
N
O
U
0 0
O O
O
Q
V
N
dN
N
M
V
p
V
2
W
N
M
O
N
O
l0
O
M
M
G
O
t0
q tp
M
m
❑
N
N
O
N
tN"l
co
M
r
m
o
o
m
O
N
n
N
z
0
0
0
_
C
O
O
O
h
O
O
V
O
V
M
V
M
M
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
U0
❑ R
zz z
0 0
r
0
m
N
0
ti �
_U
a
Ico
I
O
N
O
U
0 0
O O
O
N
?
N
Z
N
M
}
p
❑
N
M
O
N
M
QO
N
Q
l0
M
M
G
O
t0
q tp
M
m
0
N
N
co
Q
r
m
o
o
m
O
N
n
N
z
0
0
0
_
C
N
c�
w
h
V
O
V
O
V
M
V
M
M
M
O
N
O
N
M
N
z
0
0
0
2
F
0
U
0
a
0
0
0
v
M
M
H
M
w
M
m
M
U
LL
Z
N
LL
z
Z
a
z
Q
O
❑
z
O
O
U
O
Z
W❑
Q
O
❑
O O
Q
O O
O
ro
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
U0
❑ R
zz z
0 0
r
a
m
N
0
ti �
_U
IU
Ico
I
O
O
U
0 0
O O
O
N
?
N
<
N
M
co
M
❑
N
M
N
M
N
a
l0
M
M
M
O
t0
q tp
M
N
N
N
N
co
N
r
w
o
0
N
O
N
n
0
z
0
0
0
M
0
O
V
O
V
O
V
M
V
M
M
M
O
N
O
N
M
N
M
0
0
0
0
0
U
0
0
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
U0
❑ R
zz z
0 0
a
m
N
0
ti �
IU
Ico
I
O
0 0
O O
N
N
N
N
M
co
M
N
M
N
M
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
U0
❑ R
zz z
0 0
a
m
N
0
ti �
O
0 0
O O
N
O
M
N
M
M
N
M
N
M
N
M
l0
M
M
M
O�
t0
q tp
M
N
N
N
N
co
w
r
w
o
0
N
N
n
0
0
0
0
0
0
0
O
V
O
V
O
V
M
V
M
M
M
V
N
M
N
M
N
M
0
0
0
0
0
0
0
0
0
0
0
0
M
M
M
w
M
M
U
LL
Z
N
LL
z
Z
z
z
Q
O
❑
z
O
O
O
z
W❑
Q
O
❑
O O
Q
O O
O
ro
v
v
n
r
m
n
r
O
N
N
N
N
v
q
V
V
r
r
o
o
0
0
O
0
0
0
0
0
0
N
J
N
J
N
J
N
J
N
J
N
J
a
a
a
a
a
a
LL
LL
LL
LL
LL
LL
U
U
U
U
U
U
Z
Z
Z
Z
Z
Z
N
m
N
N
m
W
W
w w
w
w
w
¢
¢
¢
¢
¢
¢
U
U
U
U
U
U
0
0
0
0
0
0
U
U
m
m
U
U
C,
❑
❑
❑
❑
❑
❑
Z
Z
Z
z
Z
Z
Q
Q
Q
¢
¢
¢
U
U
z
m
m
Z
z
Z
Z
Z
Z
z
Q¢
>
>
Q
Q
Q
>
Q
W
W
w
W
w
w
W
w
W
¢
Q
¢
Q
a
Q
m
O O
m
U
Q
m
0
S
0
0
0
0
0
0
N
N
N
N
N
N
n
n
r
r
C
C
0 0 0 0 0 0 0
N O O O O O O
(p O m C5 6 OJ N N N
0 0 0 0 0 0
O O O O O O O O
O O N N OJ r r
O O O M
O o N M cN'l M
0 0
O O
N �(l
M
FO
U C6
a s
U0
❑ R
zz z
0 0
m
N
0
m
N
0
ti �
O
0 0
O O
N N
O
M
N
M
N
M
N
M
N
M
N
M
N
M
V V
N N
N
N
N
N
N
N
N
0
2
z
U
N M
M M
M
M
M
M
M
M
M
O
O O
O O
O
O
O
O
O
O
O
O O
O O
O
O
O
O
O
O
O
FO
U C6
a s
U0
❑ R
zz z
m
m
N
0
m
N
0
ti �
N N N N N c N N N N N
O O O O O O O O O O O
N N N N N N N N N N N
r C n n C C C n C C C
U)
z
0
2
z
U
❑
m
W
LL
z
j
U
p
O
p
O
K
L
a
D
r
¢
U
U
C,
w
ca
x (YQ�Q
w
=
w
a
O O
Q
U
Q
m
0
S
7
Q
Z Z
z Z
K
K
K
K
K
K
w
m
m
m
m
m
m
z z
ln�
w
O O
U
❑❑O
O
z
z
z
z
z
z
z
O O
w W
Q
Q
Q
Q
Q
D
Q
0
U U
O O
O
O
O
O
�m
m
m
m
m
rn
m
N
m
m
N N N N N c N N N N N
O O O O O O O O O O O
N N N N N N N N N N N
r C n n C C C n C C C
_
O
Z
N
z
O
�
o
a
O
J
O
J
C7
O
J
O
>
U
m
Z
0
Q
Qa
ti
U
v
a
O
U
W
Q
w
U
w
M
N
d
M
M
O
M
L
U
it
N
V
N N
w
Z
m
O
N
U
N
O
N
O
H
N
N
0
N
N
0
K
N
Z
Q
U
U)
Q
.15
co
<
_
n
O
W
N
K
2
W
w
W
m
O
w
U
J
O
H
U Z
m
O
W
U
U
O
> O
N
❑
o
O
QZQ
O
W
Y
3
w
m
<
N
O
W
J
W
Z
r
Z
O
M
O
❑
O
U
W
W
Z
U
O
v
f0
G
N
o
l0
m
N
m
N
to
M
r
M
n
M
r
M
O
M
O
M
O
M
❑
M
M
N�
O
N
O
a
h
N
N
m
m
O
Yt
M
rn
m
N
M
O
M
m
rn
N
O
m
rn
N
C�"l
rn
m
N
M
m
m
N
M
rn
rn
N
cN"l
Q
V
O O
V
O
V
O
V
O
O O
O
O
O
N
O
O
O
O
O
O
O
O
O
❑
O
M
O
M
�
r
r
r
N
9
(O
O
N
IL
O
(O
O
l0
O
t0
O
_
O
Z
N
z
O
�
o
a
O
J
O
J
C7
a
J
O
>
U
m
Z
0
Q
Qa
ti
U
v
m
O
L
U
W
Q
w
U
w
M
N
d
M
M
O
M
M
it
N
V
N N
w
Z
m
V
M
O O N rn
O O (O N
(O N W N
r m ro
N (O V �-
O O O O
O O O O
M M M M
N N N O
V V V V
M M M M
m rn m rn
O O O O
V V V V
O O O O
O O O O
w
Z 2 S =
Q U U U
W Z Z Z
E a a a
U U U U
to N N N
❑ ❑ ❑ ❑
Z z z z
333¢
UU U U
Z_ Z Z Z_
fn M N N
W W W W
U U U U
C
W W W W
m N M N
w w w w
a a a a
U U U U
N VJ N N
❑O ❑ ❑
Z Z Z Z
3333
QJ QJQ QJQ QJQ
w w w w
W W W W
w w w w
W W W W
m
N N N N
O O O O
N N N N
r \
m m m m
00 0 0 0 0 0 o M o
O O
N � N
43 N E9 N F%3 fA
(p fq (A 43
0 0 0 0 0 0 0
O O O O O O N
N N
O O
O
Z
N
z
O
�
M
a
O
J
O
J
O
J
O
>
U
m
p
0
Q
Qa
ti
U
v
m
L
U
Q
U
a
M
a
d
M
M
O
M
M
it
N
V
N N
w
Z
❑
O
N
U
N
O
N
O
Y
N
N
0
N
N
0
K
N
Z
Q
U
U)
Q
.15
co
<
_
n
Mo
W
N
K
2
W
w
W
m
0
w
U
J
O
H
U Z
m
W
U
U
O
> O
N
❑
o
N
QZQ
h
W
Y
3
w
m
<
N
N
W
J
W
Z
r
Z
O
M
❑
O
U
W
W
Z
U
O
v
0
0
o
V
m
M M
m
M
to
M
r
M
n
M
r
M
O
M
O
M
O
M
❑
m
V
M
O O N rn
O O (O N
(O N W N
r m ro
N (O V �-
O O O O
O O O O
M M M M
N N N O
V V V V
M M M M
m rn m rn
O O O O
V V V V
O O O O
O O O O
w
Z 2 S =
Q U U U
W Z Z Z
E a a a
U U U U
to N N N
❑ ❑ ❑ ❑
Z z z z
333¢
UU U U
Z_ Z Z Z_
fn M N N
W W W W
U U U U
C
W W W W
m N M N
w w w w
a a a a
U U U U
N VJ N N
❑O ❑ ❑
Z Z Z Z
3333
QJ QJQ QJQ QJQ
w w w w
W W W W
w w w w
W W W W
m
N N N N
O O O O
N N N N
r \
m m m m
00 0 0 0 0 0 o M o
O O
N � N
43 N E9 N F%3 fA
(p fq (A 43
0 0 0 0 0 0 0
O O O O O O N
N N
O O
O
Z
N
z
O
M
O
O
O
O
O
O
>
a
d
m
0
Qa
ti
to
v
L
U
M
V
a
M
a
d
M
M
M
M
it
N
V
N N
w
O
❑
O
N
O
N
O
N
O
Y
N
N
0
N
N
0
N
N
N
Q
U
U)
Q
.15
co
<
_
n
Mo
W
N
K
2
W
w
W
m
0
w
U
J
O
H
U Z
m
W
U
U
O
> O
N
❑
o
N
Y
O
0
N
0
2
O
h
W
Y
3
w
m
<
N
N
W
J
W
Z
r
Z
O
M
❑
O
U
W
W
Z
U
O
v
0
0
o
V
m
M M
m
M
m
V
M
O O N rn
O O (O N
(O N W N
r m ro
N (O V �-
O O O O
O O O O
M M M M
N N N O
V V V V
M M M M
m rn m rn
O O O O
V V V V
O O O O
O O O O
w
Z 2 S =
Q U U U
W Z Z Z
E a a a
U U U U
to N N N
❑ ❑ ❑ ❑
Z z z z
333¢
UU U U
Z_ Z Z Z_
fn M N N
W W W W
U U U U
C
W W W W
m N M N
w w w w
a a a a
U U U U
N VJ N N
❑O ❑ ❑
Z Z Z Z
3333
QJ QJQ QJQ QJQ
w w w w
W W W W
w w w w
W W W W
m
N N N N
O O O O
N N N N
r \
m m m m
00 0 0 0 0 0 o M o
O O
N � N
43 N E9 N F%3 fA
(p fq (A 43
0 0 0 0 0 0 0
O O O O O O N
N N
O O
O
Z
N
z
O
M
O
O
O
O
O
O
>
a
d
m
0
Qa
ti
to
v
M N
M
V
a
M
a
M
M
M
M
M
it
N
V
N N
w
O
O
O
c
N
N
N
O
N
0
a
N
0
N
N
Q
U
U)
Q
.15
co
<
_
n
Mo
W
N
K
2
W
w
W
m
0
w
U
J
O
H
U Z
m
W
U
U
O
> O
N
❑
o
N
Y
O
0
N
0
2
O
h
W
Y
3
w
m
<
N
N
W
J
W
Z
r
Z
O
M
❑
O
U
W
W
Z
U
O
v
0
0
o
V
m
M M
m
M
to
M
r
M
n
M
r
M
r
M
r
M
M
M
M
N�
O
N
O
h
N
N
m
m
O
rn
m
N
Ln
rn
m
N
N
O
O OO
m
rn
N
m
rn
N
O
rn
m
N
O
m
m
N
O
rn
rn
N
O
rn
m
N
O
O O
O
O
O
O
O
O
O O
O
O
O
N
O
O
O
O
O
O
O
O
O
O
O
O
Z
Z
Z
z
Z
Q
m
>
a
d
m
0
Qa
ti
to
v
g
W
a
g
a
it
w
K
C)
c
rx
Z
Q
U
J
it
w
a
p p
E
w
W W
w W
CC's 0
CL a'
W W W
W
m
W
Q
>J_
>
o
Q
U
U)
Q
.15
co
<
_
n
W
N
K
2
W
w
W
m
w
U
J
O
H
U Z
m
W
U
U
O
> O
N
❑
o
Y
O
0
N
0
2
O
W
Y
3
w
m
<
N
W
J
W
Z
r
Z
O
M
❑
O
U
W
W
Z
U
O
v
0
0
o
m
m
to
r
n
r
r
r
m
m
rn
m
N
rn
m
N
m
m
N
m
rn
N
m
rn
N
rn
m
N
m
m
N
rn
rn
N
rn
m
N
N N
O O
O
O
O
O
O
O
O
O
O
N N
N
N
N
N
N
N
N
N
N
tz
t0 t0
(O
O
N
t0
(O
l0
t0
f0
(O
rx
:a'
I1
0 0 �
O M M
N
Ui
00
O
00
O
M
N
m
0
of
m
M
O
N
M
O
M
V
N
N
N
tO
V
V
V
M
V
m
V
O
M
O
m
M
N
O
O
V
N
N
1-
m
V
M
m
cW o
a
m
z
m m
of
�o
a
O
N
�
W
M
(C
O
w
W
M
O
fOO
O
N
O
(O
O
M
U
10
N
a
rn
M
m
M
m
0
of
m
M
O
0
C5
Z
V
M
N
m
N
V
M
N
m
N
N
N
m
V
N
N
1-
m
V
M
m
cW o
a
m
z
m m
of
�o
a
O
N
�
W
M
(C
O
w
W
M
w
fOO
U)
N
N
(O
M
U
10
Z
0
O
o 0 0
O
Q
N
0
0
0
Z
0
O
0
0
0
0
0
0
0
0
0
K
0
0
0
N
N
W
N
W
N
N
N
N
N
0
0
0
0
0
0
0
0
0
0
Q
N
M
D
N
N
Q
N
N
U
z,
N
Z
w
Z
�
w
ID
p.
w
W
>
Of
z
O
-
U
m
m
m
11111010101
cN-
0 0 0 0 0
N N N N N
e c
co co co m co
n
rn
M
m
M
m
0
of
m
M
O
of
C5
V
M
N
m
N
V
M
N
m
N
N
N
m
V
N
N
1-
m
V
M
m
cW o
of
m
ui
m m
of
�o
m
an
N
�
W
M
(C
ter
w
W
M
w
fOO
M
N
N
(O
M
N
10
(6
0
O
o 0 0
O
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
N
0
0
0
0
0
0
0
0
0
0
N
M
N
N
N
M
N
N
Z
w
a
�
ID
a
Of
z
-
U
m
m
m
a
a
a
a
a
a
m
0' Z
A2;�
i;i
a
a
A
A
LL
LL
LL
LL
LL
LL
LL
LL
LL
LL
F
Oo O
N N N
O
U
K
LL'
K
K
K
CL
K
w
K
K
a
a
a
a
a
a
a
a
a
a
w
oU
a m
Q Q Q
K
C)
LL
z
twlLL
lwL
IWL
lWL
lwl
LLw.
twL
IWL
IwL
w
W
Z
Z
z
z
Z
Z
z
Z
z
z
Z Z Z
Z
W
z z
w w w
O
g g
0 0 0
LL
N
2
K
Z
Z
K
Z
Z
WO
c
J
LU w
U U U
0
K K
a
a
a
a
a
a
a
a
a
a
W
m
a s
a a a
4a
N
t0
M
V
W
N
W
m
W
N
N
N
N
m
m
N
N
N
N
N
N
N
N
N
N
0
0
0
0
0
0
0
0
0
0
N
N
N
N
N
N
N
N
N
N
r
(O N (O
C
C
6
r
E -
E
C
(O
t0
N
N
fp
(O
(O
--C
t0
N
(O
n
rn
M
m
M
m
of
m
M
O
of
t0
V
f9
N3
to
M
o
E r
N r o
M N
lD .0 N
of
m
ui
m m
of
�o
m
an
�
N
M
0
0
m m
o 0 0
N N
a V d
N
V
O
M O O
M V V
N
M M M
O
M
O O
N N N
N
c�
Z
w
a
�
ID
a
Of
z
-
U
N
LY
LL
w 2
2
N
w
0' Z
m
f w
J
Z m
F
Oo O
N N N
O
U
w >
w
Z
oU
a m
Q Q Q
K
C)
z
w
W
z
Z Z Z
Z
W
z z
w w w
O
g g
0 0 0
LL
N
O 0 0
Qa
>
J
LU w
U U U
0
K K
W W W
2
J
m
a s
a a a
4a
N
t0
M
V
W
N
W
W
N
N
N
N
m
m
m
m
m
m
N
m
m
N
N N
N N N
O O
0 0 0
O
O
N N
N N N
N
N
tD t0
(O N (O
(D
[O
m
O
O
V
z_ z_
Q Q
0 O
O
`
�o co
Z r
❑ ❑
O
❑ Z
O
A
J
U
F
c�
m
w
Z
O
M
O
O
o
o
o
m
m
c
O
v
o
fl3
v
N
o
N
0
N
o
v
O O
o
N
h
M
N N
O
O
M
C5
N
v
m
a
m
n
m
N
m
M
N
N
m
N
C
M
V
N
C
N
r
n n
n
n
n
N
N
N
N
N
N
d
V
V
V
V
V
M
M
M
O
M
V
M
M
M
V
M
Efi
M M
c
M
M
O
O
W
W
m
O
O
fH
O
O
m
m
m
M
>
Q
M
M
M
N
to
Y
WN
w
w
43
�
Q❑
M
N
M
N
w
a<
K
o
o
o
o
M
0
U
U
y
N
M
U
U
U
U
U
U
U
O
n
y
N
N
N
n
o
v,
O
U
U
U U
U
U
w
w
w
w
w
w
J
J
J
J
J
J
W
W
W
W
W
W
z
Z
Z
z
Z
z
0
0
0
0
0
0
N
0
0
0
w
0
❑
❑
❑
❑
O
❑
w
w
w
w
w
w
a
a
a
a
a
H
w
Z
Z
w
w
a
K
K
K
M I
0
0
0
0
0
0
0
0
LL
LL
LL
LL
LL
LL
J
J
J
J
J
J
U
U
U
U
U
U
Z
Z
z
Z
Z
Z
K
K
K
w
w
K
w
w
w
w
w
w
=
x
x
x
x
x
r
F-
0
0
0
0
0
0
0
y
O
M
U
0
0
N
m
N
N
N
N
N
N
0
0
0
0
0
0
N
N
N
N
N
N
^
CCC
^
C
co
co
m
co
co
co
(O
O
O
V
z_ z_
Q Q
0 O
O
`
�o co
Z r
❑ ❑
O
❑ Z
O
A
J
U
F
O
m
w
Z
O
M
O
O
o
o
o
m
m
c
O
v
o
v
N
o
N
0
N
o
v
O O
o
N
h
M
N N
O
O
M
C5
c;
M
V
m
N
m
M
N
N
m
N
C
�tl
b
N
C
N
r
n n
n
n
n
C C
C
C
^
43
N
Efi
M M
c
M
M
O
O
N
M
O
O
fH
O
O
M
iR
N
to
43
M
M
M
M
O M
Vi
M
M
fD
O
OO
M
M
O
O
O
O
O
y
r M
f0 n
o
v,
O
O v
o
v,
o
O O
O
O
O
O O
O
O
O
O
m
O
n
O
O O
O
O
m
cu
m
m y
O
m
N
NIMI
1V
V
OL
1N1n
M I
1l
(D
n
M
N
O
O
z_ z_
Q Q
0 O
0 0
`
�o co
Z r
❑ ❑
O
❑ Z
O
A
J
U
F
O
m
w
Z
O
0 a
W W
O
M
o
o
m
m
N
N
N
N
N
N
N
O O
N
h
M
N N
O
M
M
N N
M
M
M
N N
O O
M
M
N
N
C
�tl
r
N
C
N
r
n n
n
n
n
C C
C
C
^
M M
O O
O
O
O
O
M
O
O
O
O
M
M
M
M
O M
M
M
O
M M
M
M
O
O
O
O
O O
O
O
O
O O
O
O
O
O
O
O
O O
O
O
O
O O
O
O
Y W
a
o
m
m
m
Z
N
m
m
m
z_ z_
Q Q
0 O
M
m
m
m
`
�o co
Z r
❑ ❑
O
❑ Z
v
m
m
m
A
J
U
F
�n
m
m
m
m
w
Z
c ro
N e o r r o 0
co LU
Df
p U U al Z W W O (7
O z z a s QE cc
a
U � a s w ¢¢ ❑❑ > x U O N
° a z U) co
0 z z
= v w w w w O r r
U W Z U U O f2IL 0 O
Z Z Q
y O K a a F LU CL K d d >
N ¢ ai vwi W O w U U u Uw' ¢>CO¢
p a Z z z U > LU
<¢ �Y
wai w > > > > w
m
m
m
m
o
m
m
m
m
m
rn
N
m
m
m
M
m
m
m
v
m
m
m
�n
m
m
m
co
m
m
m
r
m
m
rn
m
m
rn
m
m
m
w
rn
o
o
m
m
N
N
N
N
N
N
N
N
N
N N
N N
N N
O
O
O
O
O O
O
O
O
O O
O O
O
O
C
r
C
r
n n
n
n
n
C C
C
C
^
U
r
M W
� O
<o o m o m o
v o m r ai r o
aD M N N t0 O) rn
M
0 0 0 0 0 rn o
0 0 0 0 0 0
O N
d V V V V d V
O M M M M of W
R M M 01 M N N
O O O O O O O
O O O O O O O
w
H J J
Q
_❑L U V Q Q
a M a a a
N N N N z z
zz z z. F
z z z z z
Q Q Q Q D w w
w w w w
z z
J J J J J H
a M a a 0 Df Ir
M
a a a a a O O
n N y N n
Y T Y > >
Q Q Q Q Q
H F F H H
co
Z Z Z Z Z
Q Q Q Q Q
w w w w w F U)
N M
O O
(p (O
rn rn
rn m
N N N N N N N
O O O O O O O
N N N N N N N
r
co �o � Z w
co io co co co
0
N
V
N
O
K
O
U
z
N
x
cli
d
m
a
CITY COUNCIL
Agenda # 6 . 5
Meeting Date: June 19, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE:
Approval of Appropriation from the General Fund Reserves in the amount of $40,023.98
for the November 8, 2011 General Municipal Election.
RECOMMENDATION:
Appropriate $40,023.98 from General Fund Reserves
FINANCIAL SUMMARY:
Appropriate $40,023.98 from General Fund Reserves for the costs involved with the
November 8, 2011 General Municipal Election.
BACKGROUND:
During the 2011112 budget process, staff estimated, based on the 2009 Election, the
cost of the 2011 election to be approximately $75,000.00. The Fiscal Year 2011-12
budget included 75,000 for the 2011 Election.
The 2011 Consolidated Municipal Election coordinated by the Los Angeles County
Recorder's Office included the Walnut Valley Unified School District, Pomona Unified
School District and the City. Because there were only two other agencies participating
in the election and an increase in costs for holding the General Municipal Election in
2011, the pro -rata share of costs for each agency went up significantly. On March 12,
2012 staff received an invoice from the Los Angeles County Registrar -Recorder's Office
in the amount of $115,023.98.
Following several conversations with the County of Los Angeles for clarification for the
increase in costs, staff is recommending that $40,023.98 be transferred from General
Fund Reserves to defray the costs for the 2011 General Municipal Election.
PREPARED BY:
Tommyd Cribbins
City Clerk
Attachment: Letter from County Recorder
REVIEWED BY:
Davi
Assistant City Manager
REGISTRAR-RECORDER/COUNTY CLERK
DEAN C. LOGAN
RegiWar,Rewrderl runty Clerk
May 22, 2012
Tommye Cribbins, City Clerk
City of Diamond Bar
21825 Copley Dr.
Diamond Bar. CA 91765
1: 25
Ch Y MAAAGER'S OFFICE
CITY OF OiAt1ONO BAR
RE: NOVEMBER 8, 2011 LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS
COST
Dear Ms. Cribbins,
This is in response to your email request for more detailed information regarding the
November 2011 Local and Municipal Consolidated Elections invoice billed to your City. The
chart below provides the total election costs, by activity, for the 2009 and 2011 Elections.
Election Activity
2009
2011
Variance
Securing Boards
$3,312,181
$3,240,164
2%
Pollworker Stipend (Board
Member Payroll)
703,071
515,629
27%
Official Ballots/Voter
Recorder Assembly
344,951
197,019
43%
Supply Processing
1,539,740
1,752,119
14%
Delivery and Mileage
405,785
301,285
26%
Mailing and Postage
205,621
152,670
(26%
Vote By Mail/Precinctin
1,943,953
1,708,016
(12%)
Election Supplies
38,707
52,690
36%
Ballot Material Processing
724,191
871,218
20%
Election Day costs/
Post Election Preparation
1,671,278
1,702,026
2%
Total Printing and Election
Preparation
1 2,432,667
1,711,525
(30%
Total Election Cost
1 $13,322,145
$12,204,361
8%
Voting Precincts
1,287
897
30%
Average Cost rer Voter
$6.67
$7.43
1 11%
As mentioned in your email, the total election cost decreased from 2009 to 2011 primarily due
to the reduced number of precincts. However, election cost rates are calculated on a per
precinct basis for most election activity. The precinct cost rate for the activities above
increased from 2009 due to fewer cost-sharing precincts. Other election activities are billed
based on the actual number of voters, actual vote by mail requests, the number of ballot
groups, and direct costs for a participating jurisdiction. The first two attachments provide the
Page 2 of 2
Tommye Cribbins
May 22, 2012
2009 and 2011 cost breakdown for your City and include the cost basis and rate for each
activity.
The chart below provides an example of how the rates, number of precincts and number of
participating jurisdictions for the Delivery and Mileage election activity affected the cost, which
was billed at a per precinct basis:
Delivery and Mileage
Rate
2009
2011
$315.30
$335.88
Number of Precincts
17
18
Number of Participating
Jurisdictions
3
2
Total Cost
$1,786.67
$3,022.92
The total activity cost for 2009 was calculated by multiplying the rate of $315.30 by 17
precincts and then dividing by the number of participating jurisdictions. For 2011, the same
calculation was made. Even though the rate only increased by $20.58 in 2011, the total cost to
your City increased significantly because there were only 2 jurisdictions sharing the cost in
2011 as opposed to 3 jurisdictions in 2009.
Please review the third attachment which addresses your question regarding poll worker rates.
Depending on the type of work performed, poll workers receive a fixed stipend which can only
be changed with Board of Supervisor approval.
With respect to addressing specific cost impacts at the County Registrar-Recorder/County
Clerk meetings, please note that election costs billed to jurisdictions are based on final data
collected. Election data is updated as new information is received and, unfortunately, final
numbers and their impact may not be known at the time of scheduled meetings.
If you have any further questions, please contact Ann Smith, Fiscal Operations Branch
Manager, at (562) 462-2665 or via email at asmith@rrcc.lacounty.gov.
Sincerely,
DEAN C. LOGAN
Registrar-Recorder/County Clerk
Enclosures
c: Ann Smith
Corina Masoni
Bernice Liang
12400 Imperial Highway, Norwalk, California 90650-www.lavote.net
CITY COUNCIL
Agenda # 6.6 (a I
Meeting Date: 6/19/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: AUTHORIZATION TO EXCEED T E 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 $70,000 FOR THE 2012/13 FISCAL YEAR.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition
A (Transportation) Fund of the 2012/13 fiscal year budget. General Fund 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. Although each bus excursion conducted by
the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has
consistently been the low bidder on most trips for the past eight years. Staff expects this bidding
pattern to continue in the 2012/13 Fiscal Year. City staff and trip participants report that even with the
low prices, Inland Empire Stages Limited continues to be extremely professional, and is very
responsive in fulfilling the needs of the City and its participants.
Per the City's Purchasing Ordinance, an award 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 $50,000 for senior excursions and $20,000 for adult
excursions for the 2012/13 fiscal year, for a total estimated expenditure of $70,000.
PREPARED BY: Christy Murphey, Recreation Superintendent
Community Services Director
CITY COUNCIL
Agenda # 6.6(b)
Meeting Date: 6/19/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: APPROVAL OF AMENDMENT #4 TO AGREEMENT WITH TENNIS ANYONE TO
EXTEND THE CONTRACT PERI D TO JULY 1, 2012 THROUGH JUNE 30, 2013 IN
THE AMOUNT NOT -TO -EXCEED $56,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants
who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the
2012/2013 Fiscal Year from tennis instruction is $85,000. From this amount, $56,000 is paid to the
contractor and $29,000 is retained by the City.
BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2008 to provide
tennis classes in Diamond Bar for the period of July 1, 2008 through June 30, 2009. Section 2 of the
contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be
in the best interest of the City. City Council approved Amendment #1 on June 16, 2009, Amendment
#2 on July 7, 2010, and Amendment #3 on June 21, 2011. Staff is seeking City Council approval to
extend the contract for the period of July 1, 2012 through June 30, 2013 in the amount not -to -exceed
$56,000.
DISCUSSION: City Recreation staff estimates a total of 700 participants will take lessons from
Tennis Anyone during the 2012/2013 Fiscal Year. Tennis Anyone has consistently provided quality
tennis instruction to the residents of Diamond Bar during the term of this contract.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIJFWE Y:
i� i
B ose
Community Services Director
Attachment: Amendment #4 dated June 19, 2012 to Tennis Instruction Service Agreement
AMENDMENT #4 TO TENNIS INSTRUCTION SERVICE AGREEMENT
THIS AMENDMENT #4 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 19st day of
June, 2012 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of
California ("CITY") and TENNIS ANYONE (CONTRACTOR).
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1,
2008 ("the AGREEMENT") for recreational tennis instruction.
b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30,
2010.
C. Parties agreed to Amendment #2 extending the term from July 1, 2010 through June 30,
2011.
d. Parties agreed to Amendment #3 extending the term from July 1, 2011 through June 30,
2012.
e. Parties desire to amend the AGREEMENT to extend the term for an additional 12
months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the
AGREEMENT from July 1, 2012 through June 30, 2013.
Section 2 — Compensation provided in Section 3 of the AGREEMENT is revised to an amount
not -to -exceed $56,000 for the term of July 1, 2012 to June 30, 2013.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT
on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ling -Ling Chang
Mayor
APPROVED TO FORM:
City Attorney
TENNIS ANYONE
Contractor
Signed
Title
City Clerk
CITY COUNCIL
Agenda # 6.6 r c t
Meeting Date: 6/19/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: APPROVAL OF AMENDMENT #4 O AGREEMENT WITH AND 1 OFFICIALS TO EXTEND
THE CONTRACT PERIOD TO JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE AMOUNT
NOT -TO -EXCEED $35,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2012/13 fiscal year
budget and through sports official fees. General Fund costs are recovered by the City through fees collected
from program participants and team registrations, and sports official's fees are recovered by fees charged to
adult teams at each game.
BACKGROUND: The City Council awarded a contract to And 1 Officials on July 1, 2008 to provide
basketball officials for our year round adult basketball program and our winter youth basketball league.
Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is
deemed to be in the best interest of the City. City Council approved Amendment #1 on June 16, 2009,
Amendment #2 on July 6, 2010, and Amendment #3 on June 21, 2011. Staff is seeking City Council approval
to extend the contract for the period of July 1, 2012 through June 30, 2013 in the amount not -to -exceed
$35,000.
DISCUSSION: City Recreation staff estimates a total of 720 participants in our year round adult basketball
program and 400 participants in our winter youth basketball league. And 1 Officials has consistently provided
quality officiating during the term of this contract. And 1 Officials is extremely professional and is very
responsive in fulfilling the needs of the City.
PREPARED BY: Christy Murphey, Recreation Superintendent
R7VD B
Bo s
Community Services Director
Attachment: Amendment #4
AMENDMENT #4 TO AGREEMENT
THIS AMENDMENT #4 TO SPORTS OFFICIALS SERVICE AGREEMENT is made this 19sr day of June, 2012
by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and
AND 1 OFFICIALS ("CONTRACTOR").
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY July 1, 2008 ("the
AGREEMENT') to provide CIF Certified Basketball Officials for City programs.
b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30, 2010.
C. Parties agreed to Amendment #2 extending the term from July 1, 2010 through June 30, 2011.
d. Parties agreed to Amendment #3 extending the term from July 1, 2011 through June 30, 2012.
e. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the
AGREEMENT from July 1, 2012 through June 30, 2013.
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount
not to exceed $35,000.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ling -Ling Chang
Mayor
APPROVED TO FORM
AND 1 OFFICIALS
Contractor
Signed
Title
City Attorney City Clerk
CITY COUNCIL
uce
VIA:
TITLE:
Honorable Mayor and Members of the City Council
Agenda # 6 . 6 (d)
Meeting Date: 6/19/12
AGENDA REPORT
James DeStefano, City Man g
APPROVAL OF AMENDMENT #2 O AGREEMENT WITH ACCESS CONTROL SECURITY
TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2012 THROUGH JUNE 30, 2013 IN THE
AMOUNT NOT -TO -EXCEED $30,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs related to the security guards will be recovered through fees charged in the
rental contracts for use of the Diamond Bar Center. Security guard costs of $2,300 for special events and of
$1,200 for late night security are included in the 2012/13 FY general fund budget and are not recovered.
BACKGROUND: The City awarded a contract to Access Control Security on August 16, 2010 to provide
security guards at the Diamond Bar Center and at City Special Events. Section 2 of the contract allows the
City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the
City. City Council approved Amendment #1 on June 21, 2011. Staff is seeking City Council approval to
extend the contract for the period of July 1, 2012 through June 30, 2013 in the amount not -to -exceed $30,000.
DISCUSSION: Access Control Security provides guards for Diamond Bar Center rentals, City Special
Events, and late night events. The City Manager signed a Vendor Services Agreement with Access Control
Security on August 16, 2010. Staff estimates that $26,500 will be spent on guards for private rentals, $2,300
for special events and $1,200 for late night security at the Diamond Bar Center as needed for building security
and staff safety, for a total contract amount of $30,000. $26,500 of this amount will be recovered through fees
charged for private rentals.
Per the City's Purchasing Ordinance, an award 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 $30,000 for security guard services for the 2012/13 fiscal year.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIEWE Y
B3 s
Community Services Director
Attachment: Amendment #2 dated June 19, 2012
AMENDMENT #2 TO AGREEMENT
THIS AMENDMENT #2 TO SECURITY GUARD SERVICE AGREEMENT is made this 195' day of June, 2012
by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and
ACCESS CONTROL SECURITY ("CONTRACTOR").
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY August 16, 2010 ("the
AGREEMENT') to provide Security Guards for Diamond Bar Center rentals and City Special
Events.
b. Parties agreed to Amendment #1 extending the term from July 1, 2011 through June 30, 2012.
C. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the
AGREEMENT from July 1, 2012 through June 30, 2013.
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount
not to exceed $30,000.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Ling -Ling Chang
Mayor
APPROVED TO FORM
City Attorney
ACCESS CONTROL SECURITY
Contractor
Signed
Title
City Clerk
Agenda # 6.6 (e)
Meeting Date: 6/19/12
CITY COUNCIL AGENDA REPORT
t�C�RPOR01
��j9S9
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano,City Man
TITLE: APPROVAL OF AMENDMENT # TO THE VENDOR SERVICES CONTRACT WITH D.H.
MAINTENANCE SERVICES TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE
SERVICES AT THE NEW LIBRARY AND CITY HALL FOR THE TERM OF JULY 1, 2012
THROUGH JUNE 30, 2013 IN THE AMOUNT NOT TO EXCEED $70,800.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of Amendment #2 will authorize staff to expend up to $78,000 for
Janitorial and Building Maintenance Services at the new Library and City Hall during the 2012/13 fiscal
year. $78,000 in funding is included in the adopted 2012/13 FY budget.
BACKGROUND: On June 21, 2011, the City Council extended the contract with D.H. Maintenance
Services to provide janitorial services in Diamond Bar through June 30, 2014. On December 6, 2011,
the contract was amended to add the new City Hall to their contract. Staff believes D.H. Maintenance
Services is doing an excellent job providing these services and that the new Library should be added to
their scope of work.
DISCUSSION: The new Library is scheduled to open on July 23, 2012. Past practice has shown that
contracting for janitorial services for this building will be the most cost-effective method of obtaining
janitorial services. Due to D.H. Maintenance's on-going success maintaining the City's other public
buildings, staff believes their contract should be amended to add the new Library to their scope of work.
The summary of services in Amendment #2 that will be performed by D.H. Maintenance Services, if
approved by the City Council, are:
1. Regular monthly service six days/week for the new Library =
($1,200 per month for 12 months)
$21,600
2. Building Maintenance staffing at new Library & City Hall six days/week for 8 hrs/day = $37,200
($3,100 per mo. for 1 staff @ 48 hrs/wk for 12 months)
3. Regular monthly service five days /week at City Hall $19,200
($ 1,600 per month for 12 months)
GRAND TOTAL FOR AMENDMENT #2 FOR FY 2012/13 NOT -TO -EXCEED $78,000
Amendment #2 provides for the maintenance of the new Library building. The new Library is expected to
open on July 28, 2012 and costs for the first month of this contract will be limited to the dates when work
is actually performed by the contractor.
Director of Community Services
Attachments: Amendment #2 dated June 19, 2012
Revised Exhibit "C" dated 6/19/12
Janitorial & Building Maintenance Services Agreement dated 6/21/11
for term of 7/1/11 through 6/30/14
AMENDMENT #2 TO AGREEMENT
THIS AMENDMENT #2 TO MAINTENANCE SERVICES AGREEMENT is made this 19th day of June,
2012 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California
("CITY") and D.H. MAINTENANCE SERVICES ("CONTRACTOR").
Recitals
a. CONTRACTOR entered into a 3 Year AGREEMENT with CITY on June 21, 2011 ("the
AGREEMENT") to provide Janitorial and Building Maintenance Services at the Diamond
Bar Center, Heritage Park Community Center and Pantera Park Activity Room in the City
of Diamond Bar.
b. Amendment #1 was approved on December 6, 2011 to add the new City Hall building,
located at 21810 Copley Drive, to Section 1, Contractor's Services, for the term of January
3 through June 30, 2012.
C. Parties desire to amend the AGREEMENT to add the City Hall and Library building,
located at 21810 Copley Drive to Section 1, Contractor's Services.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 - Contractor's Services, provided in Section 1 of the AGREEMENT is revised to add
the City Hall and Library building to the list of work sites.
Section 2 — Compensation provided in Section 3 of the AGREEMENT is revised to add $78,000
to the total contract amount in accordance with the unit rates set forth in the revised
Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on
the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Signed
Ling -Ling Chang
Mayor
APPROVED TO FORM
City Attorney
D.H. Maintenance Services
Contractor
Signed
bill -
City Clerk
EXHIBIT "C" — AMENDMENT #2
EFFECTIVE 7/1/12 — 6/30/13
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
CITY HALL & LIBRARY BUILDING AT 21810 COPLEY DRIVE IN DIAMOND BAR, CA
Contract services to be added to the 2012/13 fiscal year for D.H. Maintenance Services:
1. Regular monthly Service 5 days/week for City Hall — 12 months @ $1,600 per mo. _ $19,200
2. Regular monthly Service six days/week for Library/1st Floor City Uses = $21,600
(12 mos. @ $1,800 per month)
3. Building Maintenance staffing at City Hall & Library six days/week for 8/hrs/day $37,200
($3,100 per mo. for 1 staff @ 48 hrs/wk for 12 months)
TOTAL FOR AMENDMENT #2 FOR FY 2012/13 NOT -TO -EXCEED $78,000
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE
PANTERA PARK ACTIVITY ROOM
COMPENSATION SCHEDULE FOR
CONTRACT PERIOD OF
JULY 1, 2012 THROUGH JUNE 30, 2014
Planned contract services each fiscal year for D.H. Maintenance Services:
1. Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,407.83 per mo. _ $28,894
(Includes High Cleaning)
2. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116
($9,843 per mo. for 4 staff @ 40 hrs/wk)
3. Regular monthly Service for Heritage Park Com Center — 12 mos. @ $481.67 per mo. _ $5,780
(Service seven days per week)
4. Regular monthly Service for Pantera Act Room — 12 mos. @ $253.50 per mo. $3,042
(Service five days per week) Sub -Total: $155,832
5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $35,000
TOTAL FOR DBC, HERITAGE & PANTERA FOR FY 2012/13 NOT -TO -EXCEED $190,832
GRAND TOTAL INCLUDING AMENDMENT #2 FOR FY 2012/13 NOT -TO -EXCEED $268,832
MAINTENANCE SERVICES AGREEMENT FOR
JANITORIAL AND BUILDING MAINTENANCE AT THE DIAMOND BAR CENTER, HERITAGE PARK
COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM
THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a
municipal corporation ("City") and D.H. Maintenance Services ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide
janitorial and building maintenance services at city -owned facilities.
B. Contractor represents that it is fully qualified to perform such 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. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work for Janitorial and Building Maintenance Services at
the Diamond Bar Center, Heritage Park Community Center and the Pantera Park Activity Room in
the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications
dated July 1, 2004.
2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit
"A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth
in full herein. The Specifications, CONTRACTOR'S Proposal dated March 28, 2011 (Exhibit "B"),
together with this written agreement, shall constitute the contract between the parties. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the
provisions of this Agreement shall control.
3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and
remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B
herein, until June 30, 2014. This Agreement may be extended as set forth in Section 14.
4. Compensation. City shall pay to the Contractor for furnishing all material and doing the
prescribed work an annual amount not to exceed the grand total of One Hundred Fifty -Five Thousand
Eight Hundred Thirty -Two Dollars ($155,832) in accordance with the unit rates set forth in the
Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment
will be made only after submission of proper invoices in the form specified by City.
5. Addresses.
City: James DeStefano, City Manager Contractor: George Wallis, Owner
City of Diamond Bar D.H. Maintenance Services
21825 Copley Drive 2320 Back Nine Street
Diamond Bar, CA 91765-4178 Oceanside, CA 92056
3. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company authorized to do business in the State of
California and approved by the City (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 Contractor, its officers, employees,
agents, and independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $1,000,000.00; (3) automotive liability insurance, with
minimum combined single limits coverage of $500,000.00; (4) 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 insured 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 insured to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor
pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized
to do business in the State of California or which is approved in writing by the City; and shall be placed
with a current A.M. Best's rating of no less that A VII.
C. Contractor 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 than 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.
D. All policies required by this Agreement shall allow City, as additional insured, to
satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the
named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or
deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner
understands and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible
constitutes a material breach of this Agreement. Should City pay the. SIR or deductible on Owner's
behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any action against
Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach.
10. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this
section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent
Contractor prepares reports of a proprietary nature specifically for and in connection with certain
projects, the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
11. Ownership of Materials. All materials provided by Contractor 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. Contractor may, however, make and retain such copies of said documents and
materials as Contractor may desire.
12. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Contractor further covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of
this Agreement.
13, 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.
14. Extension Options.
A. The City Council shall have the option to extend this Agreement for no more than one
year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving
Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration
of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions.
B. The City Council shall also have the option to extend this Agreement for a multiple
year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI
increase during the entire extension period. If this option is selected, Contractor obtains the right to
terminate the contract after each year of the multiple year period, with 180 days written notice to the
City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written
notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise
of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement,
or of any additional one (1) year or multiple year extensions.
C. In the event the City Council exercises its option to extend the term of this Agreement
for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices
shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year. If
the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price Index
("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of
the United States Department of Labor, has increased over the CPI for the month one year prior
to the index Month. If the Index is discontinued-, the Director's office shall, at its discretion,
substitute for the Index such other similar index as it may deem appropriate.
15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the
work shall be qualified to perform such services. Contractor reserves the right to determine the
assignment of its own employees to the performance of Contractor's services under this Agreement, but
City reserves the right, for good cause, to require Contractor to exclude any employee from performing
services on City's premises.
16. Non -Discrimination and Equal Employment Opportunity.
A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor 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. Contractor 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.
17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the
performance of any of Contractor's obligations hereunder, without the prior written consent of City, and
any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising
hereunder shall be void and of no effect.
18. Compliance with Laws. Contractor 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 Contractor
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 Contractor, 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. Mediation. Any dispute or controversy arising under this Agreement, or in connection with
any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third
party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to
mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is
specifically understood and agreed by the parties hereto that referral of any such dispute or controversy,
and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution
of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
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. Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure proper
accounting. These records will be made available for audit purposes to the City or any authorized
representative, and will be retained five years after final payments are issued and other pending matters
are closed.
25. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Contractor 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.
26. 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:
S
By
Tommy'' Cribbins, City Clerk
"Contractor"
By:
TITLE
CITY OF DIAMOND BAR
By:
Steve e, Mayor
Contractor's Business Phone 7�0. 7Z{ -o f -Vo
Emergency Phone 760, XW S/9-9Z3S
at which Contractor can be reached at any time.
March 28, 2011
Dolle Maintenance Services
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 9176514178
Anthony Jordan
Dear Anthony:
2320 Back Nine Street
Oceanside, CA 92056 -
(760) 721-09901 (626} 918-7039
Pax: (760) 721-0428
EXHIBIT B
On behalf of me and all of our people who work on your faoiiities I would like to express our appreciation
for the relationship we have had with the City of Diamond Bar in servicing your recreatibnal'facilities.
Not only have we enjoyed the opportunity to care for the facilities, but have appreciated the kind and
professional manner you and all the City personnel have shown us.
In the past years that we have been your service provider we have appreciated having this work and have
never asked for a raise nor have we even taken advantage of our opportunity to submit for a C.P.f.
increase. We have done so in good faith and as a show of appreciation for the work we have.
In the current economic climate it has become even mare important to be fiscally responsible and cement
relationships for mutual benefit Thus we would like this letter to serve as our commitment to the City of
Diamond Bar that we, will hold to all of our current pricing for the next 3 fiscal years (July 1, 2011 -June
30, 2014) and will continue to follow the protocol of not asking for C.P.T_ increasing during this same
time period. it would seem that by so doing you can lock in terrific pricing and proven service during
these uncertain times. And for us, we can care for the needs of our workmen and their need to support
their families.
We certaialy-hope this will meet with your approval and will continue to provide servicing at our current
level and rates until you indicate otherwise.
Sincerely,.
George Wallis
Owner
Ilependabfe, Honest Maintenance Service since 1968"
CITY COUNCIL
Agenda # r _ F r f
Meeting Date: 6/19/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City M n
TITLE: APPROVAL OF AMENDMENT 2 TO CONTRACT WITH WEST COAST
ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING
SERVICES IN THE CITY OF DIAMOND BAR FOR THE 2012/13 FISCAL YEAR
IN THE AMOUNT NOT TO EXCEED $215,685.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds totaling $215,685 for this contract are included in the adopted
2012/13 fiscal year budget, per the following breakdown:
Tree Maintenance - 5 year cycle
$137,100
Areas 3 & 6 — 3,357 trees
LLAD #41 Slopes (Trim trees over a 5 -year period)
$6,495
Service Requests and As Needed Work
$7,250
Emergency Call Out Services
$3,065
Arborist Inspections
$5,309
Tree Planting
$11,231
Tree/Stump Removals/Replacements for
$23,075
Sidewalk Repairs and Pro -Active Risk Management
Remove Dead Alders/Eucs at Pathfinder Slope
$5,310
(Remove trees over a 5 -year period)
Tree Watering
$16,850
Total
$215,685
BACKGROUND: On June 7, 2011, the City Council awarded a contract to West Coast
Arborists for city-wide tree maintenance services in the amount of $181,700 for the 2011/12
fiscal year. Amendment #1 to the Agreement was approved by the City Council on March 6,
2012 to increase the contract amount by $30,000 to a not -to -exceed amount of $211,700.
Section 14 of the agreement authorizes the City Council to extend the agreement if doing so is
deemed to be in the best interest of the City. Staff believes West Coast Arborists has done an
excellent job maintaining the City's trees. West Coast Arborists has agreed to the one-year
contract extension with no increase to unit prices. The unit prices for the 2012/13 FY are
provided in Attachment A of Amendment #2. This extension includes the quantity of trees
necessary to accomplish the City's standard of a five-year trimming cycle for all City trees.
DISCUSSION: The Tree Maintenance Services contract includes the following services in
Diamond Bar: tree -trimming, tree planting, tree and stump removal, emergency work and
watering of trees along the major arterials not serviced by irrigation systems. The contract also
provides for an automatic up -date of the City's tree inventory as services are performed.
Services are provided in the following areas of the city: along the major boulevards, medians &
parkways, residential neighborhoods, lighting and landscape maintenance districts and City
Parks. West Coast Arborists has provided tree maintenance services in Diamond Bar for over
20 years.
Attachments:
Amendment #2 to Agreement dated June 19, 2012.
Unit Prices for the 2012/13 FY.
Letter from West Coast Arborists dated 6/11/12 agreeing to a one-year contract extension with
no CPI increase.
Tree Maintenance Services Agreement dated June 7, 2011.
PREPARED &REVIEWED BY:
Bob Rosh °
Community Services Director
AMENDMENT #2
TO TREE MAINTENANCE SERVICES AGREEMENT
THIS CONTRACT AMENDMENT #2 is made this 19th day of June, 2012 by and between the
CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and
WEST COAST ARBORISTS, INC, ("CONTRACTOR")
Recitals:
a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance
Services on June 7, 2011 in the amount of $181,700 for the period of July 1,
2011 —June 30, 2012.
b. Amendment #1 to the contract was approved on March 6, 2012 to add $30,000
to the contract for a total authorized amount not to exceed $211,700 for the
2011/12 FY.
C. Parties desire to amend the contract to extend the term from July 1, 2012
through June 30, 2013 at the contract amount not to exceed $215,685.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 3 is amended to extend the
term from July 1, 2012 through June 30, 2013.
Section 2 — Contract price of AGREEMENT provided in Section 4 is amended to a not
to exceed amount of $215,685 for the 2012/13 FY.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO
CONTRACT AGREEMENT on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Ling -Ling Chang
Title: Mayor
APPROVED TO FORM:
City Attorney
WEST COAST ARBORISTS, INC.
Contractor
Signed
Title
City Clerk
2012/13 FY Unit
Prices
City of Diamond Bar
Community Services Department
Schedule of Compensation
In conformity with the terms and conditions of the Tree Maintenance Contract,
WEST COAST ARBORiSTS, INC. hereby proposes to the City of Diamond Bar the
Following schedule of compensation:
DESCRIPTION UNIT UNIT PRICE
Annual Tree Trimming on Area basis -- per tree $ 40.00
(Minimum 500 trees)
SERVICE REQUESTS — Work performed on an individual basis
FULL TRIM
0-6" dbh
per tree
$ 40.00
7-16" dbh
per tree
$ 74.20
17-24" dbh
per tree
$ 80.10
25-36" dbh
per tree
$190.00
37' dbh & over
per tree
$195.40
QUANTITY DISCOUNT
per tree
$ 205.50
10 Trees within 'h Mile Radius
per tree
($) -0-
50 Trees within '/2 Mile Radius
per tree
($) -0-
100 Trees within 1/z Mile Radius
per tree
($) _0 -
PALM TREE TRIMMING
Coco palm, any size
per tree
$ 40.00
Washingtonia palm, any size
per tree
$ 40.00
Canary Island Date Palm, any size
per tree
$138.00
TREE REMOVAL
Tree and stump removal
per diameter inch
$ 16.50.
Tree removals over 36" dbh
per diameter inch
$ 23.00
Stump only removal
per inch
$ 5.75
PLANTING
15 gallon tree
per tree
$102.00
24 inch box tree
per tree
$ 205.50
36 inch box 'tree
per tree
$ 747.50
T1REE WATERING
per day
$ 345.00
City of Diamond Bar
Tree Maintenance Contract
Page 2
CREW RENTAL
3 man crew with equipment per hour
2 man crew with equipment per hour
1 man crew with equipment per hour
EMERGENCY RESPONSE
3 -man crew with equipment
(Evening, weekend, or holiday call -out) per hour
TREE INVENTORY AND per tree site
SOFTWARE PACKAGE
GPS INVENTORY (Optional) per tree site
TREE INVENTORY UPDATES per tree site
SLOPE TREE PRUNING (3 -Man Crew) per hour
$159.00
$106.00
$ 53.00
$ 229.35
$ 1.00
$ 2.30
$ -0-
$159.00
Tree. Care Communilies Who Care,4bozrt Trees www.WCAINC.com
June 11, 2012
City of Diamond Bar
ATTN: Bob Rose
21810 Copley Drive
Diamond Bar, CA 91765-4177
RE: Tree Maintenance Agreement - Fiscal Year 2012-2013
Dear Mr. Rose,
Over the past years, West Coast Arborists, Inc. (WCA) and the City of Diamond Bar have forged
a very productive and cohesive working relationship. Together our organizations have endured
both good and bad times with the ever fluctuating economy of our state and country. Despite
current economic trends; the integrity, health and preservation of Diamond Bar's urban forest
remains our common goal.
As we approach FY 2012-2013, we propose to hold the unit prices the same and forego our
request for a cost adjustment based on the Consumer Price Index. By maintaining these rates,
we can help to ease the current financial strain, promote contractor stability and guarantee
residents with quality tree care & customer service.
We look forward to continuing the strong relationship built between us, and to maintaining
quality urban tree care service. Should you have any questions or require additional
information, please contact me at (800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice -President, Director of Marketing
MAINTENANCE SERVICES AGREEMENT FOR
TREE MAINTENANCE SERVICES
THIS AGREEMENT is made as ofALj -at_7 , 2011 by and between the City of Diamond
Bar, a municipal corporation ("City") and West Coast Arborists ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide
city-wide tree maintenance services.
B. Contractor represents that it is fully qualified to perform such 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. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work for Tree Maintenance Services in the City of Diamond
Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated
April 28, 2011.
2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is
incorporated herein by reference and made a part hereof with like force and effect as if set forth in full
herein. The RFP, CONTRACTOR'S Proposal dated May 18, 2011 (Exhibit "B"), together with this
written agreement, shall constitute the contract between the parties. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this
Agreement shall control.
3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and
remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June
30, 2012. This Agreement may be extended as set forth in Section 14.
4. Compensation. City shall pay to the Contractor for furnishing all material and doing the
prescribed work an amount not to exceed the grand total of one hundred eighty-one thousand
seven hundred dollars ($181,700.00) in accordance with the unit rates set forth in the
Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference.
Payment will be made only after submission of proper invoices in the form specified by City.
5. Addresses.
City: James DeStefano, City Manager Contractor: West Coast Arborists, Inc.
City of Diamond Bar 2200 E. Via Burton Street
21825 Copley Drive Anaheim, CA 92806
Diamond Bar, CA 91765-4178
1
6. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this
Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of
a wholly independent contractor relationship between City and Contractor-, then Contractor agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and
any appeals relating thereto.
C. Contractor shall fully comply with the workers' compensation law regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable worker's compensation laws. City
shall have the right to offset against the amount of any fees due to Contractor under this Agreement
any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
D. Contractor shall, at Contractor's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing requirements, including
but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and
California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from
any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall
have the right to offset against the amount of any fees due to Contractor under this Agreement for
any amount or penalty levied against the City for Contractor's failure to comply with this Section 6.
7. Standard of Performance. Contractor shall perform all work at the standard of care
and skill ordinarily exercised by members of the profession under similar conditions.
S. Indemnification. Contractor shall indemnify, defend with counsel approved by City,
and hold harmless City, its officers, officials, employees and volunteers from and against all liability,
loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's
negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall
indemnify and defend City notwithstanding any alleged or actual passive negligence of City which
may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find
Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of
defense, including without limitation reasonable attorneys fees, expert fees and all other costs and
fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and
its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to
have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly
2
understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do business in
the State of California and approved by the City (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 Contractor, its
officers, employees, agents, and independent contractors in performance of services under this
Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00; (3) automotive
liability insurance, with minimum combined single limits coverage of $500,000.00; (4) 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 insured 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 insured to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. Ail policies of insurance shall cover the obligations of Contractor
pursuant to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the City; and
shall be placed with a current A.M. Best's rating of no less that A VII.
C. Contractor 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 than 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.
D. All policies required by this Agreement shall allow City, as additional insured, to
satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the
named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR
or deductible shall be subject to the approval of the City Attorney and the Finance Director: Owner
understands and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible
constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's
behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as
an additional insured under the policy, City may include such amounts as damages in any action
against Owner for breach of this Agreement in addition to any other damages incurred by City due to
the breach.
10. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
3
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor
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. Contractor's
covenant under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to- the extent Contractor prepares reports of -a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Contractor's prior -written consent, use
the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Contractor 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. Contractor may, however, make and retain such copies of said documents
and materials as Contractor may desire.
12. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Contractor further covenants that, in performance of this Agreement, no person having any such
interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
13. 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.
14. Extension Option. The City Council shall have the option to extend this Agreement up to
six (6) additional one (1) year periods, subject to the same terms and conditions contained herein, by
giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the
expiration of the initial term of this Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more
additional one year periods, the Contractor's unit prices shall be subject to adjustment at the
commencement of the extended term and annually thereafter ("the adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year.
If the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price
8
Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of
Labor Statistics of the -United States Department -of Labor, has increased over the CPI for the
month one year prior to the Index Month. If the Index is discontinued, the Director's office
shall, at its discretion, substitute for the Index such other similar index as it may deem
appropriate.
15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in
the work shall be qualified to perform such services. Contractor reserves the right to determine the
assignment of its own employees to the performance of Contractor's services under this Agreement,
but City reserves the right, for good cause, to require Contractor to exclude any employee from
performing services on City's premises.
16. 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.
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.
17. Non -Discrimination and Equal Employment Opportunity.
A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor 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. Contractor 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.
5
18. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor
the performance of any of Contractor's obligations hereunder, without the prior written consent of City,
and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising
hereunder shall be void and of no effect.
19. Compliance with Laves. Contractor shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
20. 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 Contractor 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 Contractor, 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.
21. Mediation. Any dispute or controversy arising under this Agreement, or in connection
with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A
third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs
and expenses thereof shall be borne equally by the parties hereto. In the event the parties are
unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City Council's decision shall be final. The parties
agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that referral of any such
dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions
precedent to the institution of any action or proceeding, whether at law or in equity with respect to any
such dispute or controversy.
22. 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.
23. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
24. 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.
25. Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining to
this Agreement and such other records as may be deemed necessary by the City to assure proper
accounting. These records will be made available for audit purposes to the City or any authorized
representative, and will be retained five years after final payments are issued and other pending
matters are closed.
26. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Contractor and City. This
E
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.
27. 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:
By
Tommye C°ribN-ns, Cit ;C!erk
TITLE
CITY OF MOND BAR
By: 110
ve Tye,Way or
State of California "CONTRACTOR'S" License No. 366764 .
CONTRACTOR'S Business Phone (714) 991-1900
Emergency Phone (866) LIMB -DOWN OR (866)546-2369
at which CONTRACTOR can be reached at any time.
7
Agenda # 6.6 (g)
Meeting Date: 6/19/12
CITY COUNCIL ,ate AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City ManaW?
TITLE: APPROVE AN AGREEMENT NOT O EXCEED $55,000 WITH THE
CALIFORNIA CONSERVATION CORP (CCC) FOR AS NEEDED TRAIL
REPAIRS, BRUSH CLEARANCE AND MINOR MAINTENANCE IN PARKS
AND OPEN SPACE IN DIAMOND BAR FOR THE 2012/13 FISCAL YEAR AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.
RECOMMENDATION: Approve and authorize the City Manager to execute the
agreement.
FINANCIAL IMPACT: The City's adopted FY 2012/13 Proposition A — Safe Parks Act
budget includes $55,000 for work to be performed by the CCC. These funds are
restricted and can only be spent on contractors that qualify as at -risk youth. The CCC
qualifies as an at -risk youth contractor. No funds from the General Fund will be expended
on this agreement.
BACKGROUND: The City has utilized the CCC to perform a variety of trail repair work,
minor maintenance and brush clearance work for fire prevention purposes in parks and
open space areas in Diamond Bar since April 2008. Over the years, as the City's trail
system has grown and the CCC's scope of work has expanded, the annual expenditure
with the CCC has grown from $3,000 to the current $55,000. Staff believes that utilizing
the CCC for this type of work has proven to be cost effective for the City, especially since
funding does not come from the General Fund,
DISCUSSION: The work that will be completed by the CCC under this agreement
includes:
1. Repair trails damaged by erosion and vandalism.
2. Remove graffiti along trail routes.
3. Replace decomposed granite material with new trail material as -needed.
4. Remove brush obstructing trail routes.
Perform fire break brushing required city-wide, including required handwork in LLAD
#41 following the deployment of goats.
Perform minor maintenance in parks and open space as assigned by City staff.
City staff recommends that the City Council approve the agreement with the CCC in an
amount not to exceed $55,000 and authorize the City Manager to execute the agreement.
PREPARED BY:
Alison Meyers
Community Services Coordinator
REVii-C Y:
j
Director of Community Services
Attachments: Agreement with CCC for 2012/13 FY in an amount not to exceed $55,000.
Sponsor Agreement with CCC dated April 4, 2008.
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
[A] PROJECT DATA - Center Code: 872 POMONA
Location Code:
Project/Work Code: R-13-4455 I ARRA Funding: N
IContract: - - (Resource Category: TRO
Project Title: DIAMOND BAR TRAILS REHAB 12/13
CCC -5
Project Description:
CCC will assist the City of Diamond Bar with rehabilitating trails and some
fire break brushing. Work will include, erosion repair, graffiti removal,
replace DG material with new trail material as needed, brushing, fuel breaks
along City property (LLAD #41), and minor maintenance in parks and open space
as assigned by city staff.
[B] SPONSOR INFORMATION
Agency Code:
Sponsoring
Agency:
Analyst:
Address:
Checked:
40000
1 1 CITY OF DIAMOND
BAR
21825 COPLEY
DRIVE
City: DIAMOND BAR �
State: CA
ZIP:
91765-4178
Sponsor Representative:
Title:
Phone:
ALISON MEYERS
RECREATION
SPECIALIST
(909) 839-7062
Technical Supervisor:
Title:
Phone:
ANTHONY JORDAN
PARKS & MAINT SUPERINTENDENT
(909) 839-7063
[C] EMERGENCY RESPONSE INFORMATION
I CCC Index # I Corpsmember Overtime Pay Serial #
[D] ESTIMATE INFORMATION [E] WORKSITE INFORMATION
Hours: 3055
Start Date: 07/01/2012
[F] FOR HQ USE ONLY
Directions to Worksite Location:
Take Diamond Bar Blvd. South, left on Grand and left
on Summitridge
(ZIP: 91765-4178ICounty Code: 19ICounty: LOS ANGELES
JENNIFER DULAY 06/13/2012, 8:58ai
Received:
Logged:
Verified:
Analyst:
Entered:
Checked:
Field Operations Database System Ver: 2.8.10 (06/05/2012)
CCC -58 Project/Work Code: R-13-4455 DIAMOND BAR TRAILS REHAB 12/13 Page:
[G] EDUCATIONAL ACTIVITIES
Sponsor: Educational presentation to increase Corpsmember understanding of
the natural environment. Length of time scheduled: 2.00 Hrs.
Sponsor will inform the crew on the nearby wildlife, flora and fauna and the
natural environment.
CCC: The CCC will be doing the following work/learn activities.
Length of time scheduled: 2.00 Hrs.
The crew will learn some fire hazard reduction work and trail clearing
techniques.
[H] EQUIPMENT, MATERIALS, AND LABOR
To be supplied by Sponsor:
To be supplied by CCC:
Materials
Transportation
Supervision
Technical Support
Labor
Workers Comp Insurance
Basic Hand Tools
I
Basic Safety Gear
Special SPIKE equipment needed
by crew:
SPIKE Information (description
and location of housing):
Field Operations Database.System Ver: 2.8.10 (06/05/2012)
CCC -58 Project/Work Code: R-13-4455 DIAMOND BAR TRAILS REHAB 12/13 Page:
[I] NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES
(Assign a numerical rating: 0=none, 1=low, 2=medium, 3=high)
Conserving, improving, developing natural resources, maintaining
environmentally important lands or waters. RATING: 3
CCC will be improving various trails and clearing brush to reduce fire hazards
in some environmentally sensitive areas.
Providing public benefit or access (Estimated visitor use, increased safety,
reduced maintenance costs, etc. RATING: 3
After the completion of the project, their will be an increase in the amount
of visitors using the trails, reduction of maintenance costs and the trai ...
I�
Providing Corpsmembers with opportunities for training in employable skills
(e.g, specific tools and use, fire control, carpentry) RATING: 2
Cm's will learn trail clearing techniques, gaining experience in fire hazard
reduction and using some specialized tools.
PROJECT CHECRLIST & SIGNATURE BLOCKS
® A Sponsor Agreement (CCC 96) is on file at Headquarters.
• If a reimbursable project, a CCC -96A or STD -13 agreement has been
submitted to Headquarters.
® If the Sponsor is a non-profit entity, a statement of non-profit status
and Private Property/Sponsor Authorization form have been submitted to HQ.
® If the Sponsor is a for-profit entity, a Private Property/Sponsor
Authorization has been submitted to HQ.
■ The project conforms to CCC's Injury and Illness Prevention Program (IIPP)
roject Coordinator: Print Sign Date:,
JENNIFER DULAY */' � (�, (, f i 5 1 72-,
ter Director:
If there are hazardous materials present, the sponsor has provided the
location, identity, and amounts of any hazardous substances at the worksite
and provided all Material Safety Data Sheets for hazardous materials that
are present at the worksite
To the best knowledge of the sponsor, the worksite is free of any
known hazardous materials.
That all applicable local, state, and federal permits, approvals, and
clearances have been obtained.
nsor Representative: Print Sign Date:
CCC -58 Project/Work Code: R-13-4455 DIAMOND BAR TRAILS REHAB 12/1 Continuatio:
LEGISLATIVE MANDATE - Public Benefit: (cont.)
of visitors using the trails, reduction of maintenance costs and the trails
will be safer.
Field Operations Database System Ver: 2.8..10 (06/05/2012)
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
CMM (REV. 09M)Pagei o12
Agreement #
(CCC Contract OffcerAssigns)
Index#
3872
(Cen[er Index Cede is Pam dgbj
A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
City of Diamond Bar Trail Rehab and Brush Clearance
CALIFORNIA CONSERVATION CORPS
CCC Work Code
R13-4455
(C enter Pmjad ftnar Assigns(
See GGG53: Pgnt Ev.Wa6on Foro for daNds.
B] The term of this agreement shall be:
Agreement Start Date: July 1, 2012 =Check here if multi-year
Agreement Expiration Date: June 30, 2013
C] Sponsor agrees to reimburse the CCC for
estimated costs in accordance with the Fiscal
Summary. (Fiscal Year displays are shown on page 2.)
NOTE TO SPONSOR: Budget detail will not be
provided on performance based contracts.
LABOR Hours Rate/Hr
City of Diamond Bar
Totals
CM Regular Time: 3055.00 $ 18.00 $
54,990.00
CM Overtime: 0.00 $ - $
-
Performance -Based Labor: $
10.00
Staff BILLABLE Regular Time : $
-
Staff Overtime : $
-
EXPENSES
SPONSOR BILLING ADDRESS:
Equipment (greater than $5,000): $
Title:
Tools (includes equipment less than $5,000: $
-
Materials: $
-
Vehicle Operations: $
Consulting: $
-
Other: $
-
D The total amount payable by Sponsor to CCC under this agreement shall not exceed:
$
55,000.00
E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor
XD Monthly OQuarterly At end of contract
Sponsor agrees to pay CCC within 50 days from receipt of bill. Negotiated Advanced Payments: 1 $ -
Sponsor
Organization:
City of Diamond Bar
Date:
Signature:
Signature:
Print:
Print:
James DeStefano
Title:
I City Manager
SPONSOR EMAIL ADDRESS
Alison Meyers (AMeyers@olamondBarCA.Gov]
SPONSOR MAILING ADDRESS
21825 Copley Drive
Diamond Bar, CA 91765-4178
SPONSOR BILLING ADDRESS:
Same
STATE OF CALIFORNIA
California Conservation Corps
Date:
Signature:
Print:
MAP -1A 3efZUXAElul
Title:
Administrative Chief
CCC DISTRICT VERIFICATION
Date:
(e(f3 /Z
Signature:
Print:
Jennifer Dulay
Title:
Conservation Supervisor
FORWARD PAYMENTS TO: .
California Conservation Corps
Attention: Accounting/Receivables
1719 24th Street, Sacramento
Sacramento, CA 95816
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
CCC-96A/RFV. 09/101 Paoe 2 of 2
CALIFORNIA CONSERVATION CORPS
First
FROM:
07/01/12
LABOR
Hours Rate/Hr Totals
CM Regular Time:
3055.00 $ 18.00 $ 54,990.00
Fiscal Year
Display
TO:
06/30/13
CM Overtime:
0.00 $ - $ -
Performance -Based Labor: $ 10.00
Staff BILLABLE Regular Time: $ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations: $ -
Consulting: $ -
Other: $ -
First Fiscal Year TOTAL: $ 55,000.00
Second
FROM:
LABOR Hours Rate/Hr Totals
CM Regular Time: 0.00 $ 18.00 $ -
Fiscal Year
Display
TO:
CM Overtime: 0.00 I $ - $ -
Performance -Based Labor: $ -
Staff BILLABLE Regular Time: $ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations: $ -
Consulting: $ - -
Other: $ -
Second Fiscal Year TOTAL: $ -
Third
Fiscal Year
FROM:
LABOR Hours Rate/Hr Totals
CM Regular Time: 0.00 $ 18.00 $ -
Display
D
TO:
CM Overtime: 0.00 $ - $ -
Performance -Based Labor: $ -
Staff BILLABLE Regular Time : $ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations: $ -
Consulting: $ -
Other: $ -
Third Fiscal Year TOTAL: $ -
Forth
FROM:
LABOR Hours Rate/Hr Totals
CM Regular Time: 0.00 $ 18.00 $ -
Fiscal Year
Display
TO:
CM Overtime: 0.00 $ - $ -
Performance -Based Labor:
$ -
Staff BILLABLE Regular Time :
$ -
Staff Overtime : $ -
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
Materials: $ -
Vehicle Operations:
Consulting: $ -
Other: $ -
Forth Fiscal Year TOTAL: $ -
The total amount payable by Sponsor to CCC under this agreement shall not exceed:
$ 55,000.00
STA* OF CALIFORNIA --RESOURCES AGENCY ARNOLD SCHWARZENNEGGER, GOVERNOR
CCC -96 (REV. 11/98)
CALIFORNIA CONSERVATION CORPS
1, 719 14th Street, Sacramento, CA 95816
(916) 341-3112
SPONSOR AGREEMENT (CCC -96)
(Public / Governmental Entity)
CCC District:Pomona
This agreement is made and entered into by and between the California Conservation Corps, State
of California, hereinafter referred to as "CCC", and
Sponsor's Name: City of Diamond Bar
Hereinafter called "Sponsor:"
WHEREAS, the GCC wishes to provide training in job skills and environmental education to young
men and women of California through a program which includes projects in public service
conservation work, and
WHEREAS, the Sponsor can provide opportunities for public service through meaningful and
productive work projects, and
WHEREAS, the Sponsor shall provide opportunities for public use of project areas, and
WHEREAS, the CCC shall generally be engaged in projects which preserve, maintain and enhance
environmentally important lands and waters, and
WHEREAS, the CCC shall accomplish useful and needed public works projects iii both urban and
rural areas, and
WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to.any:fedem!;
state, or local agency and any local or statewide private organization concerned with the objectives of
the Corps, and
WHEREAS, the CCC may be. reimbursed by the federal government, any state or local public
agency, or any private organization for actual expenses incurred by the Corps for any project.
NOW THEREFORE, in consideration of the above, the parties hereto agree as follows:
A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with
reference to any such proposals subsequently approved by the District Director, CCC,
Sponsor agrees to:
1. Pay for all negotiated costs directly related to and necessitated by such projects. This
may include, but not be limited to, reimbursement for CCC labor at the CCC's current
fiscal year rate or at a negotiated rate on such projects. In the event that reimbursement
is negotiated, further documentation will be necessary.
2. Demonstrate the availability of adequate plans and specifications, sufficient funds,
materials, supplies, and equipment, adequate technical supervision and any special
labor requirements to complete such project.
3. Obtain the approvals and permits required by any other state, federal , or local agency
necessary to commence construction or operation of such projects.
Pane 1 of 4
4. Obtain any clearances and meet any other requirements of trade unions or other labor
organizations occasioned by the participation of the CCC in such projects.
5. When necessary, provide acceptable temporary living facilities for the duration of any
such projects located more than one hour's driving time from a CCC base center for
CCC personnel actually engaged in working on such projects.
6. Hold an orientation meeting with CCC personnel at the commencement of such
projects to explain the technical aspects, safety considerations, and any other aspects
necessary for successful execution of such projects.
7. Present or arrange for an additional educational program or training opportunity at the
CCC base center or project site. This presentation may have emphasis on the history of
the project site or area, the public benefit to be derived from this or a similar project, the
relationship of such projects to resources or wildlife management, or similar subjects.
B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the
priorities and resources of the CCC, as well as meeting the legislatively mandated criteria. The
CCC shall submit to the sponsor, evalulations setting forth any special requirements or
conditions occasioned thereby. By so doing, with reference to any such evaluations
subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision,
transportation(if within one hour's driving time by two -wheel drive vehicle from the nearest
CCC base center),food and such tools as the CCC Project Coordinator determines to be
available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be
scheduled in accordance with the priorities and resources of the CCC.
C. In accordance with Section 14304 of the Public Resources Code, CCC prcjec-ts shad be
directed toward providing opportunities to the public for the use of these naiuial resources and
environmentally important public lands and waters, while at the same time, providing young
men and women with an opportunity for personal development in a variety of basic skills.
Projects shall be undertaken in both urban and rural areas shall be selected on the bHsis of
the environmental and natural resource benefits each offers, the opportunities for public use
each offers, and the on-the-job training value of each.
D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the
direction and control if the State Office of Emergency Services, Department of Forestry and
other agencies to assist the people of the State of California in times of emergencies arising
from fire, flood, wind, and other natural or man -caused disasters and emergencies.
Projects will be performed within the rules and regulations of the CCC, which may require
temporary suspension or permanent cessation of projects due to emergency conditions as
defined by such rules and regulations.
The Sponsor further recognizes that the resources of the CCC are limited, and the public
service conservation work of the CCC may be altered in priority from time to time.
The parties agree that delays by either party shall be excused and costs caused by such
delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC
for emergency services may be required to reimburse exceptional costs; e.g., overtime.
E. Work performed under this agreement will be under the immediate supervision of the CCC
officials. The sponsor will provide such supervision, technical assistance, guidance and
inspection as it considers necessary to properly complete the work.
F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor
will remain the.property of the Sponsor.
Page 2 of 4
G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in
any way convey to the CCC, its staff, or any person or persons working with the CCC in the
performance of said work, employee status -that would extend to them the benefits afforded
to permanent employees of Sponsor.
H. Upon completion of each project, or any phase thereof, permission is hereby granted to the
CCC to place upon the project site a sign or emblem, consistent in size and design to its
surroundings, indicating the participation of the CCC and the year thereof.
The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers,
agents and employees from any and all claims, or demands of liability caused by the
indemnifying party during or after completion of the project, which is the subject of this
agreement.
The State of California has -!acted to cover its motor vehicle and general liability exposure
through claims procedures instituted in accordance with the California Government Code
provisions and the other provisions of the law relating to such liability. Pursuant to those
Procedures, tort liability claims should be submitted to the State Board of Control
(headquarters office: 630 K Street, Sacramento, California 95814; government claims
division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the
California Government Code provisions and the other provisions of the law governing
submission of such claims. In addition, unless notified otherwise or on behalf of the
California Conservation Corps, motor vehicle liability claims may be forwardaa to the
California Department of General Services, Office of Risk and Insurance h7iaifagernent
(hereinafter referred to as "GRIM"), Claims Unit, 1325 J Street, Suite 1800, Sacr&,mento,
California 95814. It should be noted, however, that the willingness of ORIM.to receive such
motor vehicle liability claims does not constitute a waiver by the State of Cali.fornia•o'r::he
California Conservation Corps of the time limits or procedures provided by law or the filing of
Claims relating to such motor vehicle liability. It also should be noted that the ad6l ewes sot
forth in this paragraph are subject to change; any claimant is advised to verify the accuracy
and currency of addresses for filing claims, and by setting forth addresses in this paragraph,
neither the State of California nor the California Conservation Corps is waiving any time limits
or procedures provided by law for filing claims related to alleged motor vehicle or general
liability or any other alleged liability.
The California Department of Personnel Administration has entered into a Master Agreement
with the State Compensation Insurance Fund to administer workers' compensation benefits
for State employees as required by the California Labor Code.
J. Neither party may assign this contract or any interest therein without the written consent of
the other party.
K. All contracts relating to the construction or operation of the project, including those executed
following completion of the project, shall contain a clause prohibiting discrimination against
any employee or employee applicant engaged in project work or project operation, on the
basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such
clause shall include all aspects of employer-employee and employer-employee applicant
relations.
Page 3 of 4
L. Subject to provisions herein, all remedies allowed by law are available to either party for
enforcement of this contract. Any waiver of rights by either party or any matter relating to this
contract shall not be deemed to be a waiver on any other matter relating to this contract.
M. If any part of this contract is found to be invalid the remainder of the contract shall continue in
effect.
N. This contract may be modified by mutual written agreement of the parties.
O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice
from either party to the other.
P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to
any share or part of this agreement, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend this agreement if made with a corporation for its
general benefit (Applicable only if Sponsor is an agency of the,United States Government).
[A] SPONSOR INFORMATION
A reement #: - R
A enc Code:
Index #:
S onsorName:James DeStefano
Sponsor Deartment: Community Services
Address: 21825 Copley Drive
Ci :Diamond Bar
Count - Los Angeles
State:CA
ZIP: 91765
Contact Person -Ali _aon eiEecreak-ion
Phone: A
[B] SIGNATURE BLOCK
IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as of
the date shown below.
Sponsor Representative: ! '
Print Name n SI n ure Date
t Director:
Z: r .5c�1{
Print Name Signature - Date -
Page 4 of 4
Agenda # 6 .7
Meeting Date: June 19, 2012
CITY COUNCIL AGENDA REPORT
�r9S�
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana
TITLE: Adjourn July 3, 2012 City Council eting to July 17, 2012.
RECOMMENDATION: Approve.
BACKGROUND: It has been suggested that the Council consider the cancellation of the City
Council Meeting scheduled for July 3, 2012. There are no pressing matters or public hearings
scheduled and therefore adjourning the meeting will not cause the City any hardship.
Should the City Council concur, it is recommended that the Mayor adjourn the June 19, 2012 Council
Meeting to July 17, 2012.
Prep?red by , R i
I a
Tommye7Cribbins, City Clerk David yle, Asst. City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6,8
Meeting Date: June 19, 2012
AGENDA REPORT
FROM: James DeStefano, City Mana eNP
TITLE: Authorize City Manager to enter int a consulting services agreement with Glenn
Steinbrink for a not to exceed cost of $28,000.
RECOMMENDATION
Approve
FINANCIAL IMPACT:
Sufficient funds are available in the 2012/13 budget approved by City Council on June 5, 2012.
BACKGROUND/DISCUSSION:
In May 2011, upon review and content approval by the City Attorney, a Consulting Services
Agreement with Mr. Glenn Steinbrink was executed under City Manager authority. The City
retained the direct services of Mr. Glenn Steinbrink to continue to provide interim Director of
Finance services until a new Director was hired.
The new Finance Director was hired on December 12, 2011. Mr. Steinbrink continued to provide
as -needed services since that time to ensure a smooth transition and train the new Director on the
Financial System, the City various online transaction services and share other instructional
knowledge. In addition, Mr. Steinbrink assisted with the preparation of the 2012/13 Budget,
recommended the payoff of the side fund with CalPERS, and invoicing the County of Los Angeles
for the construction costs of the new Library.
The City would like to continue to retain the services of Mr. Steinbrink for special projects on an as -
needed basis. Therefore, it is recommended that the City Council authorize the City Manager to
continue consulting services with Mr. Glenn Steinbrink to provide on-going consulting services for
the 2012/13 fiscal year for a not to exceed total amount of $28,000.
PREPARED BY:
,r'i
Dianna Honeywell - Finance Di ctor
Attachment:
Consulting Services Agreement
REVIEWED BY:
bh6
Dave Doyle - Assista City Manager
CONSULTING SERVICES AGREEMENT
With
GLENN STEINBRINK
This Agreement is made on this 19th day of June, 2012 at Diamond Bar, California, by and between
the City of Diamond Bar (hereinafter referred to as the "CITY") and Glenn Steinbrink (hereinafter
referred to as the "CONSULTANT").
RECITALS
A. City seeks to engage Contractor on an interim basis to assist with special projects for the Finance
Department for the City of Diamond Bar.
B. Contractor is fully qualified by virtue of his extensive experience in municipal finance and his
familiarity with the City of Diamond Bar to perform these services for City as an independent
contractor.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein
contained, the parties agree as follows:
1. DUTIES. City hereby agrees to engage the services of Contractor, to serve as Special
Projects Consultant to perform special financial projects, and to perform such other legally
permissible and proper duties and functions as the City Manager may assign. Contractor shall
perform the services required under this Agreement during normal City operating hours on a
part-time 10-20 hour per week work schedule, and further, shall be available for attendance at
meetings during other hours as may be necessary. City and Contractor further agree that
Contractor will not exceed more than 960 hours of contract services during a Fiscal Year (July
through June) for the City of Diamond Bar or any other CalPERS contract employer.
2. TERM. The term of this contract shall commence upon execution by both parties and
continue until June 30, 2013, or until terminated in accordance with sections below.
a. Termination for Convenience. Either party may terminate this Agreement without cause
and in its sole discretion at any time by giving the other party fifteen (15) days' written
notice of such termination. In the event of such termination, the CONSULTANT shall cease
services as of the date of termination and shall be compensated for services performed to
the CITY's satisfaction up to the date of termination.
b. Termination for Cause. All terms, provisions, and specifications of this Agreement are
material and binding, and failure to perform any material portion of the work described
herein shall be considered a breach of this Agreement. Should the Agreement be
breached in any manner, the CITY may, at its option, terminate the Agreement not less
than five (5) days after written notification is received by the CONSULTANT to remedy the
violation within the stated time or within any other time period agreed to by the parties. In
the event of such termination, the CONSULTANT shall be responsible for any additional
costs incurred by the CITY in securing the services from another contractor.
Page 1 of 6
3. CONTRACT ADMINISTRATION.
a. The CITY's Representative. Unless otherwise designated in writing, James DeStefano,
City Manager shall serve as the CITY's representative for the administration of this contract.
All activities performed by the CONSULTANT shall be coordinated with this person.
b. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its
possession to the CONSULTANT upon request in order to minimize duplication of efforts.
The CITY's staff shall work with the CONSULTANT as necessary to facilitate performance
of the services.
4. COMPENSATION. City agrees to pay Contractor for his services rendered pursuant hereto
compensation of $50.00 per hour. Such payment shall be processed upon presentation and
verification of billable hours to the City Manager.
5. BENEFITS. Contractor hereby waives all benefits provided to City employees, including
retirement contribution, health/medical insurance, dental insurance, life and disability
insurance, sick leave, vacation, unemployment insurance and similar benefits.
6. GENERAL EXPENSES. City recognizes that certain expenses of a non -personal and
generally job affiliated nature may be incurred by Contractor and hereby agrees to reimburse
Contractor said necessary and reasonable expenses as are submitted to the City Manager for
approval based upon expense receipts, statements, or personal affidavits, and audit thereof in
like manner as other demands against the City. Out-of-town travel and conference/training
attendance for which expense reimbursement will be sought shall be subject to advance
approval by the City Manager.
7. SERVICE RELATED INJURY INCOME
PROTECTION.
City and
Contractor agree that
Contractor is not an employee of the
City and is not
covered
by the City's worker's
compensation insurance policy.
8. CONTRACTOR'S RESPONSIBILITY FOR CONTRIBUTIONS, PAYMENTS OR
WITHHOLDING. Contractor shall be solely responsible for all contributions, payments, or
withholdings normally made on behalf of an employee including but not limited to, state and
federal income taxes, federal social security contributions, California State disability insurance
taxes, and unemployment insurance contributions. City shall issue Contractor a Form 1099 in
connection with the compensation paid hereunder, and Contractor shall pay all required taxes
on amounts paid hereunder. Contractor shall indemnify and hold harmless City, its officers,
agents and employees from and against all taxes, penalties, assessments and interest
asserted against City by reason of the independent contractor relationship created by this
Agreement, or by virtue of nonpayment by Contractor of legally due taxes. In the event the
City is audited by any federal or State agency regarding the independent contractor status of
the Contractor and the audit fails to sustain the validity of a wholly independent contractor
relationship, the Contractor agrees to reimburse the City for all costs, including accounting
and attorneys' fees, arising out of such audit and any appeals related thereto.
Page 2 of 6
9. RELATIONSHIP BETWEEN THE PARTIES. The parties to this Agreement agree that
Contractor is an independent contractor in business for himself, and that City is a client for
whom Contractor provides professional services.
10. INSURANCE. Contractor shall at his own cost and expense procure and maintain in effect a
policy of automobile insurance for use of his private vehicle with not less than
$100,000/$300,000 coverage, shall name the City, its officers and employees, as additional
insureds, and shall not be subject to cancellation, modification or lapse without City first
receiving thirty (30) days advance written notice. This policy shall be considered primary
insurance as regards the City and its officers, agents and employees.
a. Failure to Procure Insurance. Failure on the part of the CONSULTANT to procure or
maintain required insurance shall constitute a material breach of contract under which the
CITY may terminate this Agreement pursuant to Section 2.b. above.
11. LIABILITY. City agrees to indemnify, hold harmless and defend at its expense Contractor
from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to
which Contractor may be subject to arising out of, or resulting from, the performance of this
contract and Contractor's duties hereunder as Special Projects Consultant. Notwithstanding
the foregoing, the City's obligation under this Section 11 shall not apply to any punitive or
exemplary damages which may be awarded by a court against Contractor; nor shall this
paragraph apply to liability incurred by Contractor for actions outside the scope of his services
or which result from wrongful or malicious conduct or gross negligence, or through the use of
any personal vehicle, all as to which Contractor shall indemnify and hold City, its officers,
agents and employees harmless.
12. CONFLICT OF INTEREST. Contractor affirms and warrants that he has no financial,
contractual or other interest or obligation that conflicts with or is harmful to the performance of
his obligations under this Agreement. Contractor shall not during the term of this Agreement
knowingly obtain such an interest or incur such an obligation.
13. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, written or
oral, between the parties, and contains all of the covenants and agreements between the
parties. Each party acknowledges that no promises, representations, inducements or
agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of
any party, which is not embodied herein. No modification to this Agreement shall be effective
unless reduced to writing and signed by both parties.
14. GENERAL PROVISIONS.
a. The text herein shall constitute the entire agreement between the parties.
b. This agreement shall be binding upon and inure to the benefit of the heirs-at-law and
executors of Contractor.
c. If any provision or any portion hereof contained in this agreement is held to be
unconstitutional, invalid or unenforceable the remainder of this agreement or portion thereof
shall be deemed severable and shall not be affected and shall remain in full force and
effect.
Page 3 of 6
d. The City is entering into this Agreement by virtue of the professional reputation, experience
and competence of Contractor. Hence, the obligations of Contractor under this Agreement
shall not be assigned or subcontracted, nor shall the rights be delegated without prior
written approval of the City Manager.
e. The Contractor shall comply with and adhere to all City policies, rules and regulations
including but not limited to its policies regarding non-discrimination and sexual harassment.
15. RECORDS AND AUDITS. The CONSULTANT shall maintain accounts and records,
including personnel, property, and financial records, adequate to identify and account for all
costs pertaining to this Agreement and such other records as may be deemed necessary by
the CITY or any authorized representative. All records shall be made available at the request
of the CITY, with reasonable notice, during regular business hours, and shall be retained by
the CONSULTANT for a period of three years after the expiration of this Agreement.
16, OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all
documents and other work product of the CONSULTANT, except the CONSULTANT's notes
and work papers, which pertain to the work performed under this Agreement. The CITY shall
have the sole right to use such materials in its discretion and without further compensation to
the CONSULTANT, but any re -use of such documents by the CITY on any other project
without prior written consent of the CONSULTANT shall be at the sole risk of the CITY. The
CONSULTANT shall at its sole expense provide all such documents to the CITY upon
request.
17. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall
be deemed made when delivered to the applicable party's representative as provided in this
Agreement. Additionally, such notices may be given to the respective parties at the following
addresses, or at such other addresses as the parties may provide in writing for this purpose.
uch notices shall be deemed made when personally delivered or when mailed forty-eight (48)
hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at
its applicable address.
City of Diamond Bar
James DeStefano, City Manager Glenn FoxSteglove
Drive
21825 Copley Drive 14835 Foxglove Drive
Diamond Bar, CA 91765 Chino Hills, CA 91709
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
19. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other
agreements, either oral or written, between the parties, and contains all of the covenants and
agreements -between the parties. Each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, oral or otherwise, have been made
by any party, or anyone acting on behalf of any party, which is not embodied herein. Any
agreement, statement, or promise not contained in the Agreement, and any modification to the
Agreement, will be effective only if signed by both parties.
Page 4of6
20. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's
right to obtain correction or replacement of any defective or noncompliant work product.
21. EXECUTION. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at
least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
22. AUTHORITY TO ENTER AGREEMENT. The CONSULTANT has all requisite power and
authority to conduct its business and to execute, deliver, and perform this Agreement. Each
party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and to bind each respective party.
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement the 19th day of June, 2012.
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk James DeStefano, City Manager
APPROVED AS TO FORM:
City Attorney
CONSULTANT
Glenn Steinbrink
Page 6 of 6
CITY COUNCIL
Agenda # 6.9
Meeting Date: June 19, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mar�ao r 1
TITLE: APPROVAL OF CONTRACT ITH THE REGIONAL CHAMBER OF
COMMERCE—SAN GABRIEL VALLEY FOR FY 2012-13 IN AN
AMOUNT NOT TO EXCEED $12,000.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
This item is included in the Council -approved FY 2012-13 municipal budget.
DISCUSSION:
The Regional Chamber of Commerce—San Gabriel Valley (Chamber) serves
businesses in Diamond Bar and other cities in the San Gabriel Valley. In addition to
working with the City to further develop the Diamond Bar business community, the
Chamber will also provide a menu of related services as established in Exhibit A.
These additional services include the continued development of a Diamond Bar
"Business -to -Business" program, free small business development workshops and other
training/educational events, local advertising on its website, and public ribbon -cuttings
for new businesses, among others. The Chamber's Executive Director will also meet
regularly with the City Manager to discuss the business climate and promote economic
development in Diamond Bar.
Therefore, it is recommended that the City Council approve the contract with the
Chamber in the amount not to exceed $12,000 for FY 2012-13.
Prepared
to the City Manager
Attachments:
1. Consulting Services Agreement.
2. Exhibit A.
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of , 2012 by and between the
City of Diamond Bar, a municipal corporation ("City") and Regional Chamber of
Commerce—San Gabriel Valley, ("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".
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 "A".
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 "A."
2. Term of Agreement. This Contract shall take effect July 1, 2012, and
shall continue until June 30, 2013, unless earlier terminated pursuant to the provisions
herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "A." Payment will be made only after submission of proper invoices in
the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed twelve thousand dollars ($12,000).
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: Consultant:
James DeStefano, City Manager Steven Ly, Executive Director
City of Diamond Bar Regional Chamber of Commerce
21825 Copley Drive 19720 E. Walnut Drive South, Suite 201
Diamond Bar, CA 91765-4178 Walnut, CA 91789
6. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by 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.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with the requirements in Section 6. Additionally, the City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement for any amount
or penalty levied against the City for Consultant's failure to comply with 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 shall indemnify, defend with counsel
approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant 's performance
of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City's passive negligence, but excepting such loss or damage
which is caused by the sole active negligence or willful misconduct of the City. Should
City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the City (and its officers,
officials, employees and volunteers) covered by this indemnity obligation. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination
of this Agreement.
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 at least $1,000,000
aggregate; 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 than 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 than 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.
D. Self Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured)
should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or
deductible shall be subject to the approval of the City Attorney and the Finance Director.
Owner understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Owner as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement.
Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or
refusal to do so in order to secure defense and indemnification as an additional insured
under the policy, City may include such amounts as damages in any action against
Owner for breach of this Agreement in addition to any other damages incurred by City
due to the breach.
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. Consultant may, however,
make and retain such copies of said documents and materials as Consultant may
desire.
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. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
18. 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.
19. 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.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
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:
Tommye Cribbins, City Clerk
Approved as to form:
In
Michael Jenkins, City Attorney
"CONSULTANT"
go
Ling -Ling Chang, Mayor
EXHIBIT "A"
FY 2012-2013 CITY SERVICES CONTRACT
REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY
SCOPE OF SERVICES
July 1, 2012 through June 30, 2013
A. Administrative Support: Monthly support for services to the City for promotion of City services,
informational distribution and efforts to enhance the development of programs for the public
benefit. Included in these programs are: Small Business Seminars, Business Expo, City
Birthday Party, Business visitations and community outreach.
B. City shall have a liasion position on the Chamber of Commerce Board of Director's. This
position shall be appointed by the Mayor and shall either be a City Councilmember including
the Mayor or a City staff member. This position shall be a non-voting member of the Board for
as long as the contract remains in effect.
C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the
Chamber website for as long as the contract remains in effect; and two complimentary passes
to each Breakfast and Luncheon event for as long as the contract remains in effect.
D. Chamber shall continue development of the "Diamond Bar Business to Business" program to
encourage Diamond Bar businesses to purchase items from other businesses in Diamond Bar.
At a minimum the program should contain the following elements: marketing information about
existing businesses in Diamond Bar that can provide services to other businesses; and/or
educational information about how sales tax dollars benefit the community. This program must
be available to all businesses in Diamond Bar not just members of the Chamber of Commerce.
There may be some difference in level of service for the program between Chamber and non -
Chamber businesses. Chamber shall provide the City with quarterly reports indentifying all
Diamond Bar Chamber and non -Chamber member businesses participating in the program.
Upon request, the City will provide a list of active City businesses to the Chamber twice a year
in order to support and enhance economic growth within the City of Diamond.
E. In a continued effort to promote businesses in Diamond Bar to the community and surrounding
region, the Chamber shall conduct a minimum of 3 grand opening ribbon cutting events in
Diamond Bar.
F. The Chamber shall conduct at least five (5) meetings/workshops to promote small business
development, which may include one-on-one meetings with licensed business counselors, or
partnerships with other agencies. The meetings/workshops will be open to the public, widely
advertised, and of no charge to participants. The meetings/workshops should provide
participants with information about writing a business plan, Small Business Administration
financing, and developing a marketing plan.
G. The Chamber, through its members and contacts in the commercial real estate business, shall
use its best efforts to be knowledgeable of all available commercial and office space in the
City. To the extent possible, this commercial space availability shall be provided to the City
Manager on a monthly basis.
H. The Chamber, through its Professional Development Network, will conduct quarterly training
and educational opportunities in Diamond Bar for Diamond Bar businesses. These
opportunities shall be available for Chamber and non -Chamber members. Within 30 days
following these meetings, the Chamber shall cause a written report to be developed and
submitted to the City identifying each concern/issue raised by the business community and the
individual or business which raised the issue.
Communications: Executive Director and City Manager and/or their designee will meet no
less than quarterly to discuss issues impacting the business community including any
information on specific businesses leaving the City, ideas to promote business retention and
expansion in the City and opportunities to promote Diamond Bar and Diamond Bar
businesses.
Agenda # 6.10
Meeting Date: June 19, 2012
CITY COUNCIL FK AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: NOTICE OF COMPLETION FOR H 21810 EAST COPLEY DRIVE
INTERCONNECT PROJECT
RECOMMENDATION:
File a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
DISCUSSION:
The City Council awarded a construction contract to Protech Engineering Corporation
on October 18, 2011 in an amount not to exceed $35,350.00 with a contingency
amount of $4,500.00 for a total authorization amount of $39,850.00. The City
authorized the Notice to Proceed for construction on November 25, 2011. An
additional contingency amount of $7,000 was approved by City Council on April 3, 2012,
to address unforeseen utility conflicts in the public right-of-way and to accommodate
additional work needed to re -use existing conduit.
Protech Engineering Corporation has completed all work required of this project. The
project included fiber optic cable relocation for the City's Traffic Management Center.
The fiber optic cable carries all operating data and video transmissions from the City's
outlying traffic signal network to one central location at City Hall. Due to the move to the
new City Hall, the fiber optic cable required extension from its current location. The
scope of this project included the construction of new conduit and installation of new
fiber optic trunk line.
The final construction cost of the project is $46,172.00 which includes $10,822.00 in
change orders. The final construction cost is within the total City Council authorization
amount of $46,850 (base contract plus contingency amount of $4,500 and $7,000).
The aforementioned re -use of existing conduit enabled the project to be completed well
under the original budget amount of $125,000.00.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 12, 2012
REVIEWED BY:
David G. Liu, Director of Public Works
Attachment: Notice of Completion
2
CITY COUNCIL
Agenda 4 6 11
Meeting Date: June 19, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: MEMORANDUM OF AGREEM NT WITH THE LOS ANGELES
GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT JOINT . POWERS AUTHORITY (GATEWAY
AUTHORITY) FOR THE ADMINISTRATION AND COST SHARING FOR
PREPARATION OF THE COYOTE CREEK/REACH 1 OF THE LOWER
SAN GABRIEL RIVER METALS TOTAL MAXIMUM DAILY LOAD
(TMDL) IMPLEMENTATION PLAN, MONITORING PROGRAM, AND
SPECIAL STUDIES
RECOMMENDATION:
Approve and authorize City Manager to execute agreement.
FINANCIAL IMPACT:
A budget amount of $30,000 has been incorporated into the Public Works Department
Operating Budget for FY 2012/2013 to fund the anticipated cost share of joining the
Coyote Creek Metals TMDL Technical Committee. Pursuant to the attached
Memorandum of Agreement and the corresponding exhibits, Diamond Bar is
responsible for contributing the amount of $21,946 in FY 2012/2013 based on a formula
that accounts for the percentage of Diamond Bar's jurisdictional land area within the
watershed. This is a 10 year effort where the scope of work evolves using data from
prior year findings. The funding required will be incorporated into the annual budget as
the scope of work is developed each year.
DISCUSSION:
On March 26, 2007, the United States Environmental Protection Agency ("USEPA")
established the Total Maximum Daily Loads for Metals and Selenium for the San
Gabriel River and Impaired Tributaries ("Metals TMDL"), with the intent of protecting and
improving water quality in the San Gabriel River Watershed. Coyote Creek is an
impaired tributary of the San Gabriel River and the Metals TMDL regulates certain
discharges from NPDES Permit holders, requiring organization and cooperation among
agencies.
This regulation sets limits on the amount of copper, lead and zinc that reaches the
Lower San Gabriel River and Coyote Creek from urban runoff. The Metals TMDL
affects the Cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian
Gardens, Lakewood, La Habra Heights, La Mirada, Long Beach, Norwalk, Santa Fe
Springs, and Whittier, as well as Caltrans, as they are all a source of runoff to the
Coyote Creek and/or Lower San Gabriel River.
Compliance with the TMDL requires these agencies, including Diamond Bar, to monitor
pollutants found in the Lower San Gabriel River and Coyote Creek, develop an
implementation plan to reduce pollutant loads, and conduct special studies to control
the sources of these pollutants. The Los Angeles Gateway Region Integrated Regional
Water Management Joint Powers Authority (Gateway Authority) has agreed to act as a
fiduciary agency in order to assist the group of cities with the development of a
monitoring program and implementation plan, along with special studies, to ensure
compliance with the requirements of the TMDL. The Gateway Authority is a joint
powers agency that was formed to protect and manage water resources within its area.
The Gateway Authority is already functioning as a fiduciary agent for the Los Cerritos
Channel TMDL and its participating agencies.
To this end, the Gateway Authority with input from these cities has prepared a
Memorandum of Agreement to develop monitoring and implementation programs
including special studies to address scientific and technical issues resulting from
approval of the TMDL and its incorporation into the Municipal Separate Storm Sewer
System (MS4) Permit by the California Regional Water Quality Control Board
anticipated for later this year.
Each agency subject to the requirements of a TMDL is entitled to independently engage
in the compliance efforts described above. However, it is mutually beneficial for
agencies to pool their resources and take a watershed based approach that will allow
for a unified approach to resolve a common pollutant problem. The Regional Board also
looks upon these joint technical groups favorably as they prefer a collaborative
approach to address TMDLs. The City Attorney's office has reviewed the attached
MOA and agreed that the terms are acceptable.
According to the cost allocation formula shown in Exhibit A of the MOA, Diamond Bar's
allocation is approximately $22,000 of the $250,000 anticipated annual cost. The
formula for contribution is based upon two components: (1) A flat administrative fee
shared equally among the 13 participating agencies and (2) A percentage based upon
the ratio of each city's land area to total watershed area. Slightly more than 1/3 of
Diamond Bar is located within the watershed; however, Diamond Bar represents less
than 10% of the watershed (See attached Coyote Creek Watershed Boundary Map).
Since the MOA will not be fully executed by all agencies until early in the FY 2012/2013,
the costs associated with FY 2011/2012 will be consolidated for each agency in FY
2012/2013. Therefore, Diamond Bar's share for both fiscal years will amount to the
aforementioned $21,946 (comprised of $4,461 for FY 2011/2012 and $17,845 for FY
2
2012/2013). Future costs for compliance with the TMDL are undetermined at this time,
but will be shared by the impacted agencies based on the funding formula that consists
of a flat administrative fee and an area share based on the prorated portion of land area
in the watershed.
Compliance with the Clean Water Act and Total Maximum Daily Load (TMDL) as
established by the United States Environmental Protection Agency (EPA) and the
California Regional Water Quality Control Board (RWQCB) are un -funded mandates.
However, Cities are required to comply with these mandates or face thousands of
dollars in penalty fees.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 12, 2012
REVIEWED BY:
r
Davi&G. Liff, Director of Public Works
Attachment: Coyote Creek Watershed Boundary Map
Memorandum of Agreement
3
N
N
10
O
_
N
� N
a
N
O
i 1
o
CD
`m
o
/
d
CD9
:.
o
qLL
d i
J d
C L
r
0 E �
O O
d
/rymay
JY
J
V
A
i
Z N/ted
C
�
1
d
u
�.
a
T
O
CL
E
C
L
N
O
_
N
� N
a
N
O
i 1
o
c m
`m
o
/
d
qLL
d i
J d
C L
0 E �
O O
d
/rymay
JY
J
V
Z N/ted
C
�
1iN
d
a
O
CL
N
O
_
N
� N
a
N
O
i 1
o
c m
`m
3
MEMORANDUM OF AGREEMENT
BETWEEN
THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITY OF DIAMOND BAR
FOR THE ADMINISTRATION AND COST SHARING FOR PREPARATION OF
THE COYOTE CREEK/REACH 1 OF THE LOWER SAN GABRIEL RIVER
METALS TOTAL MAXIMUM DAILY LOAD IMPLEMENTATION PLAN,
MONITORING PROGRAM AND SPECIAL STUDIES RELATED THERETO
This memorandum of agreement ("Agreement') is made and entered into as of the
date of the last signature, set forth below, by and between the Los Angeles Gateway
Region Integrated Regional Water Management Joint Powers Authority ("Gateway
Authority"), a California Joint Powers Authority, and the City of Diamond Bar, a
California municipal corporation ("City");
RECITALS
WHEREAS, the mission of the Gateway Authority includes the equitable
protection and management of water resources within its area; and
WHEREAS, portions of the cities of Artesia, Bellflower, Cerritos, Diamond Bar,
Downey, Hawaiian Gardens, Lakewood, La Habra Heights, La Mirada, Long Beach,
Norwalk, Santa Fe Springs, and Whittier, as well as the California Department of
Transportation ("Caltrans"), manage or drain stormwater into at least a portion of the
Coyote Creek Watershed and Reach I of the Lower San Gabriel River; and
WHEREAS, for the purposes of this Agreement, the term "Watershed Entities"
shall include, to the extent that each enters into an agreement substantially similar to this
Agreement, the cities of Artesia, Bellflower, Cerritos, Diamond Bar, Downey, Hawaiian
Gardens, Lakewood, La Habra Heights, La Mirada, Long Beach, Norwalk, Santa Fe
Springs, and Whittier; and
WHEREAS, the United States Environmental Protection Agency ("USEPA")
established the Total Maximum Daily Loads for Metals and Selenium San Gabriel River
and Impaired Tributaries ("Metals TMDL") on March 26, 2007, with the intent of
protecting and improving water quality in the San Gabriel River Watershed; and
WHEREAS, Coyote Creek is an impaired tributary of the San Gabriel River; and
WHEREAS, the Metals TMDL regulates certain discharges from NPDES Permit
holders, requiring organization and cooperation among the Watershed Entities; and
WHEREAS, the Parties recognize that the Metals TMDL is not self -enforcing,
but could potentially become legally enforceable through incorporation into future
National Pollutant Discharge Elimination System ("NPDES") Permits; and
12664-0001\1 429228J2. doc I
WHEREAS, the Watershed Entities desire to facilitate achievement of the
objectives of the Metals TMDL by preparation of an Implementation Plan ("IP"), a
Monitoring Plan ("MP"), and specific Special Studies; and
WHEREAS, preparation of these plans and studies requires administrative and
professional coordination services for the Watershed Entities that the Gateway Authority
can provide; and
WHEREAS, the Gateway Authority has created a Metals TMDL Technical
Committee ("TC"), consisting of one representative from each of the Watershed Entities,
to assist the Gateway Authority in coordinating the preparation and submission of the IP,
MP, and any Special Studies to be presented to the California Regional Water Quality
Control Board, Los Angeles Region on behalf of the Watershed Entities; and
WHEREAS, the TC has determined that the costs of preparing the IP, MP, and
potential Special Studies and other related costs incurred by the Gateway Authority in
administering this Agreement should be shared by the Watershed Entities based on the
cost allocation formula contained in Exhibit A; and
WHEREAS, the Gateway Authority will endeavor to enter into substantially
similar agreements with all of the Watershed Entities in order to minimize the cost to
each Watershed Entity of the IP, MP and any Special Studies to be prepared by the
Gateway Authority.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as
part of this Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively
support and undertake preparation of the IP, MP, and any Special Studies agreed to by
the Watershed Entities working through the TC.
Section 3. Cooperation. The Parties shall fully cooperate with one another
to achieve the purposes of this Agreement.
Section 4. Voluntary Nature. The Parties voluntarily enter into this
Agreement.
Section 5. Binding Effect. This Agreement shall become binding only if
the Gateway Authority is able to execute substantially similar agreements with the
Cities of Cerritos, La Mirada, and Whittier.
Section 6. Term. This Agreement shall remain and continue in effect until
completion of the IP, MP, and any Special Studies agreed to by the Parties, December
31, 2022, or until terminated, whichever occurs first.
Section 7. Role of the Gateway Authority.
12664-0001A1429228v2. doe 2
a) The Gateway Authority shall endeavor to enter into substantially and
materially similar agreements with each of the Watershed Entities.
b) Based on the recommendations of the TC, the Gateway Authority shall
retain a consultant or consultants ("Consultant(s)") to prepare the IP, MP,
and Special Studies to demonstrate compliance with the Metals TMDL.
The Consultant's Scope of Work shall substantially conform to the Scope
of Work set forth in Exhibit B to this Agreement.
Section 8. Billing.
a) Gateway Authority shall invoice City a proportionate share of the costs
based on the Cost Share Formula in Exhibit A ("Proportional Costs")
incurred by the Gateway Authority in the performance of its duties under
this Agreement. The costs ("Agreement Costs") shall include, but not be
limited to, the costs of: the Consultant's fees and costs for the preparation
of the IP, MP, and Special Studies; Gateway Authority staff time; legal
fees; audit expenses; and other costs associated with administering this
Agreement. The Gateway Authority shall invoice the Watershed Entities
on an annual basis as provided in sub -section (d) below.
b) Upon receiving an invoice, the City shall pay the Gateway Authority its
Proportional Costs within one hundred twenty (180) days of receipt of the
invoice as provided in sub -section (g) below.
C) Any over or underpayment of Agreement costs due to an over or under
billing by the Gateway Authority shall be credited or billed to the City
during the following year. If the over or underpayment occurs in the last
year of this Agreement, City shall pay any underpayment and Gateway
Authority shall return any overpayment upon termination of this
Agreement. City's obligation to pay any underpayment and Gateway
Authority's obligation to return any overpayment shall survive termination
of this Agreement.
d) Gateway Authority will send the first invoice within sixty (60) days of
signing this Agreement, and the second invoice will be sent no later than
July 1, 2012. City shall pay the Gateway Authority within sixty (60) days
of receiving the first invoice and within thirty (60) days of receiving the
second invoice.
e) Each year commencing January 1, 2013, the TC shall recommend to
Gateway Authority a budget for the following year. Gateway Authority
will send to the City no later than February 1st of each year a bill
representing City's Proportional Costs of the adopted budget. City may
terminate this agreement without penalty by providing written notice to
Gateway Authority within thirty (30) days of receiving the billing, except
that City will be responsible to pay Gateway Authority any underpayment
and Gateway Authority shall be responsible to pay City any overpayment
126640001AI429228v2.doc 3
as provided in Section 8(c) above. Should one or more of the other
Gateway Entities terminate the Agreement under this clause, the
Proportional Costs for City shall be proportionately increased.
f) City will be delinquent if payment is not received by the Gateway
Authority within one hundred eighty (180) days after first being invoiced
by the Gateway Authority. The Gateway Authority will follow the
procedure listed below, or such other procedure that the TC directs to
effectuate payment: 1) verbally contact the official to whom notices
should be addressed pursuant to Section 12 of this Agreement, and 2)
submit a formal letter from the Gateway Authority Executive Officer to
the City. If payment is not received within sixty (days) following the due
date, the Gateway Authority may terminate the Agreement. City shall still
remain obligated to Gateway Authority for delinquent payments.
g) Any interest accrued on the funds collected per this Agreement shall be
applied toward the Agreement Costs. The Gateway Authority shall
annually submit a report to the TC on the amount of interest earned the
Agreement account. Funds remaining at the end of the term of this
Agreement shall be returned to the then remaining Watershed Entities in
accordance with the Cost Share Formula in Exhibit A.
Section 9. Independent Contractor.
a) The Gateway Authority is, and shall at all times remain, a wholly
independent contractor for performance of the obligations described in this
Agreement. The Gateway Authority's officers, officials, employees and
agents shall at all times during the Term of this Agreement be under the
exclusive control of the Gateway Authority. The City cannot control the
conduct of the Gateway Authority or any of its officers, officials,
employees or agents. The Gateway Authority and its officers, officials,
employees, and agents shall not be deemed to be employees of the City.
b) The Gateway Authority is solely responsible for the payment of salaries,
wages, other compensation, employment taxes, worker's compensation, or
similar taxes for its employees and consultants performing services
hereunder.
12664-000 1 \I 429228v2. doe 4
Section 10. Indemnification and Insurance.
a) The Gateway Authority shall include in the agreements with the
Consultants an indemnification clause requiring the Consultants to defend,
indemnify and hold harmless the City and the Gateway Authority, and
their officers, employees, and agents, from and against any and all
liabilities, actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorney's fees, for injury to or death
of person (s), for damage to property (including property owned by the
Gateway Authority or the City) resulting from negligent or intentional
acts, errors and omissions committed by Consultants, and their officers,
employees, and other representatives and agents, arising out of or related
to Consultants' performance under this Agreement.
b) The City shall defend, indemnify and hold harmless the Gateway
Authority, its officers, employees, and other representatives and agents of
the Gateway Authority, from and against any and all liabilities, actions,
suits, proceedings, claims, demands, losses, costs, and expenses, including
legal costs and attorney's fees, for injury to or death of person (s), for
damage to property (including property owned by the Gateway Authority)
and for negligent or intentional acts, errors and omissions committed by
City, its officers, employees, and agents, arising out of or related to City's
performance under this Agreement, except for such loss as may be caused
by Gateway Authority's gross negligence or intentional acts or the gross
negligence or intentional acts of its officers, employees, or other
representatives and agents other than the Consultants.
C) Consultants' Insurance. The Gateway Authority shall require the
Consultants to obtain and maintain throughout the term of their contracts
with the Gateway Authority insurance as provided in Exhibit C.
d) Gateway Authority makes no guarantee or warranty that the reports
prepared by Gateway Authority and its Consultants shall be approved by
the relevant governmental authorities. Gateway Authority shall have no
liability to City for the negligent or intentional acts or omissions of
Gateway Authority's Consultants. City's sole recourse for any negligent
or intentional act or omission of the Gateway Authority's Consultant shall
be against the Consultant and its insurance.
Section 11. Termination of Ayreement. Either Party may terminate this
Agreement in whole or in part, for any reason, or no reason, by giving the other Party
thirty (30) days written notice thereof. The City shall be responsible for its
Proportional Costs of the Agreement Costs which the Gateway Authority incurred or
to which it became bound prior to the date of termination. Such Agreement Costs
shall include the remaining fees of any Consultant retained by the Gateway Authority
prior to the date of termination. Gateway Authority shall notify in writing the City
within fourteen (14) days of receiving written notice from any Watershed Entity that
said entity intends to terminate this Agreement. Should any Gateway Entity terminate
12664-0001\ 1429228v2.doe 5
the Agreement, the City's Proportional Cost allocation shall be adjusted in accordance
with the Cost Share Formula in Exhibit A.
Section 12. Miscellaneous.
a) Notices. All notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when delivered
personally or three (3) days after mailing by registered or certified mail
(return receipt requested) to the following address or as such other
addresses as the Parties may from time to time designate by written notice
in the aforesaid manner:
To Gateway Authority: Ms. Grace Kast
Gateway Authority Executive Officer
c/o Gateway Cities Council of Governments
16401 Paramount Boulevard
Paramount, CA 90723
To City of Diamond Bar: James DeStefano
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
b) Separate Accounting and Auditing. The Gateway Authority will establish
a separate account to track revenues and expenses incurred by the
Gateway Authority to perform its services under this Agreement. City may
upon five (5) days written notice inspect the books and records of the
Gateway Authority to verify the cost of the services provided and billed by
Gateway Authority. Gateway Authority shall prepare and provide to City
annual financial statements and audits, after review and approval by the
Metals TMDL TC.
C) Binding Effect. This Agreement shall be binding upon and inure to the
benefit of each Party to this Agreement and its respective heirs,
administrators, representatives and successors.
d) Amendment. The terms and provisions of this Agreement may not be
amended, modified or waived, except by a written instrument signed by
both Parties.
e) Waiver. Waiver by either Party of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver, by any Party, to any breach of the provisions of this
Agreement shall not constitute a waiver of any other provision, or a
waiver of any subsequent breach of any provision of this Agreement.
12664-0001 \1429228`2.doc 6
f) Law to Govern• Venue. This Agreement shall be interpreted, construed,
and governed according to the laws of the State of California. In the event
of litigation between the Parties, venue shall lie exclusively in the County
of Los Angeles.
g) No Presumption in Drafting. The Parties to this Agreement agree that the
general rule that an Agreement is to be interpreted against the Party
drafting it, or causing it to be prepared, shall not apply.
h) Severability. If any term, provision, condition or covenant of this
Agreement is declared or determined by any court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions
of this Agreement shall not be affected thereby and this Agreement shall
be read and construed without the invalid, void, or unenforceable
provision(s).
i) Entire Agreement. This Agreement constitutes the entire agreement of the
Parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, whether written or oral, with respect
thereto.
j) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken
together shall constitute but one and the same instrument, provided,
however, that such counterparts shall have been delivered to both Parties
to this Agreement.
k) Legal Representation. All Parties have been represented by counsel in the
preparation and negotiation of this Agreement. Accordingly, this
Agreement shall be construed according to its fair language.
1) Agency Authorization. Each of the persons signing below on behalf of a
Party represents and warrants that he or she is authorized to sign this
Agreement on behalf of such Party.
12664-000 1\I429228v2. doc 7
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on their behalf, respectively, as follows:
DATE:
ATTEST:
CITY OF DIAMOND BAR
City Manager
APPROVED AS TO FORM:
City Cleric City Attorney
DATE: LOS ANGELES GATEWAY
REGION INTEGRATED
REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Gateway Authority Chair
ATTEST:
Gateway Authority Secretary
12664-0001\1429228 Q. doe 8
APPROVED AS TO FORM:
Gateway Authority General Counsel
EXHIBIT A
[Page 1 of 3]
REACH 1 OF THE SAN GABRIEL RIVER
AND COYOTE CREEK METALS TMDL
ESTIMATED COST ALLOCATION
July 1, 2011 - June 30, 2012
Estimated $50,000 Cost
PROPORTIONAL COST - (80/20 Formula)*
City
Square
Miles**
% of
total
Area
Baseline
Allocation
(20%)
Area
Allocation
(Remaining
80%
City share per
$50,000
(baseline + area)
Artesia
1.60
2.24
$ 769
$896
$1,665
Bellflower
1.50
2.10
$ 769
$ 840
$ 1,609
Cerritos
8.80
12.30
$ 769
$ 4,921
$ 5,690
Diamond Bar
6.59
9.23
$ 769
$ 3,692
$ 4,461
Downey
4.56
6.38
$ 769
$ 2,552
$ 3,321
Hawaiian
Gardens
0.96
1.34
$ 769
$ 536
$ 1,305
La Habra
Heights
4.90
6.85
$ 769
$ 2,740
$3,509
La Mirada
7.78
10.88
$ 769
$ 4,352
$ 5,121
Lakewood
1.95
2.72
$ 769
$ 1,088
$ 1,857
Long Beach
3.86
5.40
$ 769
$ 2,160
$2,929
Norwalk
1 9.70
13.56
$ 769
$ 5,425
$ 6,194
Santa Fe
Springs
8.15
11.40
$ 769
$ 4,560
$ 5,329
Whittier
11.16
15.60
$ 769
$6,241
$ 7,010
TOTAL
71.51
100.00
$ 9,997
$ 40,003
$ 50,000
*80% based on watershed area and 20% based on an even distribution of 20%
of annual cost among the participating entities
**based on area within the Coyote Creek and San Gabriel River Reach 1 sub -
watersheds
Note: City shares are subject to adjustment in the future for reasons that may
include: change of participants, modifications to drainage areas due to
construction of new storm drains and refinements in area calculations.
12664-0001A1429228d2.doe 9
EXHIBIT A
[Page 2 of 3]
REACH 1 OF THE SAN GABRIEL RIVER
AND COYOTE CREEK METALS TMDL
ESTIMATED COST ALLOCATION
July 1, 2012 - June 30, 2013
Based on $200,000 cost
PROPORTIONAL COST - (80/20 Formula)*
City
Square
Miles**
% of
total
Area
Baseline
Allocation
(20%)
Area
Allocation
(Remaining
80%
City share per
$200,000
(baseline + area)
Artesia
1.60
2.24
$ 3,076
$ 3,585
$ 6,661
Bellflower
1.50
2.10
$ 3,076
$ 3,361
$ 6,437
Cerritos
8.80
12.30
$ 3,076
$ 19,681
$ 22,757
Diamond Bar
6.59
9.23
$ 3,076
$ 14,769
$ 17,845
Downey
4.56
6.38
$ 3,076
$ 10,208
$ 13,285
Hawaiian
Gardens
0.96
1.34
$ 3,076
$ 2,144
$ 5,220
La Habra
Heights
4.90
6.85
$ 3,076
$ 10,961
$14,037
La Mirada
7.78
10.88
$ 3,076
$ 17,409
$ 20,485
Lakewood
1.95
2.72
$ 3,076
$ 4,353
$ 7,429
Long Beach
3.86
5.40
$ 3,076
$ 8,641
$ 11,717
Norwalk
9.70
1 13.56
$ 3,076
$ 21,697
$ 24,773
Santa Fe
Springs
8.15
11.40
$ 3,076
$ 18,241
$ 21,317
Whittier
11.16
15.60
$ 3,076
$24,961
$ 28,037
TOTAL
71.51
100.00
$ 39,988
$ 160,012
$ 200,000
*80% based on watershed area and 20% based on an even distribution of 20%
of annual cost among the participating entities
**Based on area within the Coyote Creek and San Gabriel River Reach 1 sub -
watersheds
Note: City shares are subject to adjustment in the future for reasons that may
include: change of participants, modifications to drainage areas due to
construction of new storm drains and refinements in area calculations.
12664-0001 \I 429228v2. doe t 0
EXHIBIT A
[Page 3 of 31
REACH 1 OF THE SAN GABRIEL RIVER
AND COYOTE CREEK METALS TMDL
ESTIMATED ANNUAL COST ALLOCATION
July 1, 2013 - June 30, 2014 and Subsequent Years
Based on $250,000 annual cost
PROPORTIONAL COST - (80/20 Formula)*
City
Square
Miles**
% of
total
Area
Baseline
Allocation
(20%)
Area
Allocation
(Remaining
80%)
City share per
$250,000
(baseline + area)
Artesia
1.60
2.24
$ 3,846
$ 4,480
$ 8,326
Bellflower
1.50
2.10
$ 3,846
$ 4,200
$ 8,046
Cerritos
8.80
12.30
$ 3,846
$ 24,600
$ 28,446
Diamond Bar
6.59
9.23
$ 3,846
$ 18,460
$ 22,306
Downey
4.56
6.38
$ 3,846
$ 12,760
$ 16,606
Hawaiian
Gardens
0.96
1.34
$ 3,846
$ 2,680
$ 6,526
La Habra
Heights
4.90
6.85
$ 3,846
$ 13,700
$17,546
La Mirada
7.78
10.88
$ 3,846
$ 21,760
$ 25,606
Lakewood
1.95
2.72
$ 3,846
$ 5,440
$ 9,286
Long Beach
3.86
5.40
$ 3,846
$ 10,800
$ 14,646
Norwalk
9.70
1 13.56
$ 3,846
$ 27,121
$ 30,967
Santa Fe
Springs
8.15
11.40
$ 3,846
$ 22,800
$ 26,646
Whittier
11.16
15.60
$ 3,846
$31,201
$ 35,047
TOTAL
71.51
100.00
$ 49,998
$ 200,002
$ 250,000
*80% based on watershed area and 20% based on an even distribution of 20%
of annual cost among the participating entities
**Based on area within the Coyote Creek and San Gabriel River Reach 1 sub -
watersheds
Note: City shares are subject to adjustment in the future for reasons that may
include: change of participants, modifications to drainage areas due to
construction of new storm drains and refinements in area calculations.
126640001 V 429228v2. doe I I
EXHIBIT B
Estimated Scope of Work
DEVELOPMENT OF AN IMPLEMENTATION PLAN, SPECIAL STUDIES, AND MONITORING
FOR EPA -ESTABLISHED METALS TMDL FOR REACH 1 OF THE SAN GABRIEL RIVER AND
COYOTE CREEK WATERSHEDS
1.
Implementation Plan for Reach 1 of the San Gabriel River
$100,000
and Coyote Creek portions of the San Gabriel River Metals TMDL
a. An adaptive management approach,
b. Review Existing LID, source control and structural BMP data at each city
C. Tiered source control measures, and
d. Tiered treatment control, if necessary, recommend Implementation Actions for
Participating Stormwater Permittees
2.
Draft and Negotiate an Implementation Schedule and
$27,000
other components of Basin Plan Amendment acceptable to
u. Municipal permittees
b. The Los Angeles Regional Water Quality Control Board
c. Review proposed Basin Plan Amendment comments with Regional board Staff
d. Review Implementation Strategy with Regional Water Board staff
3.
Coordinate with Orange County, LA County Public Works, and
$30,000
Los Angeles county Sanitation Districts on Establishment of.
a. Ambient Monitoring Program
b. Future TMDL Effectiveness Monitoring to be instituted as directed by the Technical
committee
4.
Develop for future implementation, Special Studies that could include:
$20,000
a. Local control of copper and other metal sources
b. Coatings on galvanized surfaces
c. Others as directed by the Technical Committee
5.
Coordination with Technical Committee, including:
$30,000
a. Attend meetings, as requested
b. Submit draft materials to Technical Committee for review and approval
c. Prepare interim and other supporting materials and reports as directed or
requested by the Technical Committee
6.
GCCOG Administrative costs
$23,000
7.
Contingency, including matching funds
$20,000
Estimated Total $250,000
Subsequent year's tasks will be at the direction of, and determined by, the Technical
Committee, which has been established by this Memorandum of Agreement. The
Technical Committee may modify this scope as necessary to meet MS4 (municipal
stormwater) Permit requirements.
12664-0001A142922 SQ. doc 12
EXHIBIT C
CONSULTANTS' INSURANCE REQUIREMENTS
Gateway Authority shall require all Consultants it retains to provide services
under this Agreement to obtain and maintain the following insurance during the
term of their respective agreements with the Gateway Authority
Type of Coverage
Comprehensive General Liability,
including:
Premises and Operations
Contractual Liability
Personal -Injury Liability
Independent Contractors
Liability (if applicable)
Automobile Liability
Comprehensive Automobile
Liability, (including, owned,
owned and hired autos)
Minimum Limits
$1,000,000 Combined Single
Limit, per occurrence, and
aggregate
$1,000,000 Combined Single
non- Limit, per occurrence, Limit, per
occurrence, no aggregate
Workers' Compensation and
Employer's Liability
Workers' Compensation
Insurance Employer's Liability
12664-000 1 \1 429228v2. doe 13
Statutory
$1,000,000
Professional Liability Insurance $2,000,000 per occurrence and
annual aggregate
The Comprehensive General Liability and Automobile Policy shall be endorsed to
name the Gateway Authority and City and their officers, employees and agents
as additional named insureds and shall be primary to any insurance held by
Gateway Authority or City. All policies shall be endorsed to provide that the
insurance cannot be reduced in amount or coverage or cancelled without thirty
(30) days advance notice to Gateway Authority and City.
12664-0001\1429228v2.doc 14
'I I na I J i''
CITY COUNCIL
Agenda # 6.12
Meeting Date: 6/19/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: APPROVAL TO DIRECT STAFF O WORK WITH PUSD AND WVUSD TO DEVELOP
A NON-BINDING MEMORANDU OF UNDERSTANDING WITH EACH SCHOOL
DISTRICT REGARDING POTENTIAL IMPROVEMENTS TO ATHLETIC FACILITIES
ON SCHOOL CAMPUSES
RECOMMENDATION: Approve.
FINANCIAL IMPACT: There will be some costs related to the development of these MOUs for
staff and City Attorney time.
BACKGROUND: The City Council adopted the Parks Master Plan on July 19, 2011. Included in
the adopted Master Plan are two projects that, if constructed, will go a long way toward satisfying the
need for lighted athletic fields for Diamond Bar based non-profit youth sports organizations. These
projects include lighting of the middle athletic field at Lorbeer Middle School (Pomona Unified School
District) and lighting of three athletic fields at South Pointe Middle School (Walnut Valley Unified
School District).
On February 23, 2012, the Parks and Recreation Commission voted unanimously (5-0) to
recommend that the City Council enter into a non-binding memorandum of understanding (MOU) with
each of the school districts for construction of these projects.
DISCUSSION: The purpose of the non-binding MOU is to notify the administration and school
board of each school district of the City's interest in constructing the athletic fields described above at
their respective middle school campus, when funding becomes available.
The need for these MOUs is to clarify the City's desire to construct these improvements at some
future unknown date. The Parks and Recreation Commission believes the non-binding MOU will help
eliminate any chance for misunderstandings between the City and School Districts at the early stages
of these projects.
The Parks and Recreation Commission recommends that the City Council enter into a non-binding
memorandum of understanding (MOU) with each of the school districts stating the City's interest in
constructing lighted athletic facilities at Lorbeer Middle School (Pomona Unified School District) and
at South Pointe Middle School (Walnut Valley Unified School District), when funding becomes
available.
If this item is approved by the City Council, staff will contact the administrative staff for each of the
school districts to start development of the MOUs. When the MOUs are ready, staff will bring them
back to the City Council for consideration for approval.
PREP R REVIEWED BY:
r
B os
Community Services Director
Agenda # F -3 3
Meeting Date: June 19, 2012
CITY COUNCIL AGENDA REPORT
:coReosS�W i
r989%
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: APPROPRIATION OF $21,991 IN USED MOTOR OIL BLOCK GRANT
FUNDS FOR FY 2011-12
RECOMMENDATION:
Appropriate.
FINANCIAL IMPACT:
This appropriation of grant funds has no General Fund impact.
DISCUSSION:
The City regularly applies for various grant funds to supplement programs, including
those for environmental services. For the period ending June 30, 2012, the City is in
receipt of $29,991 from CalRecycle for use in implementing its used oil recycling and
awareness program. Currently, only $8,000 of this total is appropriated in the budget,
most likely due to the timing of the award.
The remainder of $21,991 in grant funds requires appropriation prior to use. Therefore,
staff recommends the Council appropriate the funds as requested.
Prepared by:
Ryan l"cl-ean
Assistant to the City Manager
Agenda it 6.14,
Meeting Date: June 19, 2012
CITY COUNCIL AGENDA REPORT
tn�nRM1RA9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana"f
TITLE: Approval of Amendment No. 2 ($ 4,600) to the Three -Year Contract to
Diana Cho and Associates for CDBG Contract Administration Services for
a Not -to -Exceed Amount of $73,166.
C_ WIN lZi ►-d •►
Approve and authorize City Manager to sign agreement.
FINANCIAL SUMMARY:
These services are paid for by Community Development Block Grant funds and there
are sufficient funds allocated in the FY 2012-13 budget for this expenditure. The
expenditure authorization for FY 2012-13 is $24,600.
CpO► :• ►D
Each year the City receives Community Development Block Grant funds (CDBG).
These funds are disbursed by the Federal Housing and Urban Development
Department through the Los Angeles County Community Development Commission
(CDC). The City uses these funds for a variety of programs and capital projects.
Due to the significant restrictions on the use of these funds and the numerous
regulations governing the spending and accounting of these funds, it is prudent to utilize
the expertise of a CDBG specialist to monitor the expenditures and complete the
reporting requirements. The Federal government recognizes this and as such
authorizes a portion of the funds to be used for these services.
DISCUSSION
In June 2010, the City Council awarded a three-year contract to Diana Cho and
Associates for CDBG contract administration. The first year costs were approximately
$25,000 which, at that time, was approximately 10% of the City's CDBG allocation.
This fiscal year the 10% administrative cost allowance for the overall CDBG program
administration was reduced to 7.5%. The City was recently notified that the overall
administrative allowance of 7.5% will been eliminated in FY 2012-13.
In order to provide the same level of service to the CDBG program, the CDC has
approved assessing the administration fee to each individual CDBG project rather than
as an overall program administration cost. While this does impact the amount of funds
available for each project, the impact is minimized since it is shared by all CDBG
projects in the City. The proposed administrative cost allocation across projects is
attached.
If approved, the combined authorized contract cost for Diana Cho and Associates will
be $73,166 for the three-year period. As required by CDBG program guidelines, the
City will solicit bids for CDBG program administration services in 2013-14.
NOWENTall MO.
David Doy re, Assis a City Manager
Attachment:
1. Cost Allocation
2. Amendment No. 2
a
O
O
O
O
N
O
m
g
W 0 y
K a N
(O
(S)
N
O
(MO
Q O F 0
V
M
Z 0 W
Y
0 LL 0
IL
61>
U
y
o
�
c
U
ci 0
o
y
£
M
M
L
M
Q
N
0
o
�
N
N
fR
fA
N
O
O
O
O
O
O'
V
d
cl
N
N
D
M
tc
w
tD
V
�'
CL
a
�
U
R
O
a`
m
o
p
O
N
�
U
_N
2
MM
O
O
O
N
a
2
OM
O
V'
N
°
O
W
m
p
I
N
Q
J
I
C
I I
U
a
va
s�
va
U>
61>
°
o
3
m
L
-
N
N
M
LU
E
m
2
U
w
c
0
T y
Q
°
>
m
w
c
°> m
U
E
F
D
o
d
a)
c a
o
Q
a-
z
(1)
m
g U
a
o
0
0
w
c
m
c
w
o
m m m
0
a
U
E
�
E
�
ay
�° °
a
m
U
>
W
>
`m
Ko
c rn n
o
.�
yo
(7
a
K
.a
oC
--_
ESU
Q
o
U
d
U
Z_
E
d
J
`O
a
tl1
a)
OfL
m 3
m
M
m
.E
U
E
Q
a 5
U
s m-
o
U
IL
in
>-2
2
Q
Q(
Ud(7
U
AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT
WITH DIANA CHO AND ASSOCIATES RELATED TO COMMUNITY
DEVELOPMENT BLOCK GRANT LABOR AND CONTRACT
COMPLIANCE SERVICES
This Amendment to the Consulting Services Agreement is made and entered into this
19th day of June 2012, between the CITY OF DIAMOND BAR, a Municipal
Corporation (hereinafter referred to as "CITY") and DIANA CHO AND ASSOCIATES
(hereinafter referred to as "CONSULTANT".)
A. Recitals:
(i) The CITY has heretofore entered into an agreement, dated July 1, 2010,
with CONSULTANT to provide CDBG Program Administration services (hereinafter
referred to as the "AGREEMENT").
(iii) The CONSULTANT has requested, and CITY has approved, extending
the existing agreement for an additional 12 months effective July 1, 2012.
(iv) CONSULTANT will provide additional "as -needed" labor, contract
compliance services, and technical assistance services for the City's Community
Development Block Grant ("CDBG") for FY 2012-13 at a cost not to exceed Twenty -
Four Thousand Six Hundred dollars ($24,600) for the fiscal year.
(v) It is in the City's best interest to extend the AGREEMENT for the services
in order to ensure consistency and continuity of the services already being provided by
CONSULTANT.
NOW THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1:
Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows:
3. Compensation and Method of Payment. City agrees to compensate
Consultant, and Consultant agrees to accept in full satisfaction for the
services provided for hereunder, fees on a time and material basis at the
rates set forth in the original Consulting Services Agreement, but in no event
to exceed SEVENTY THREE THOUSAND ONE HUNDRED SIXTY-SIX
DOLLARS ($73,166.00), which fees include all labor, materials, printing and
other costs incurred in connection with the project."
Section 2:
Each party to this Amendment acknowledges that no representation by any
party, which is not embodied herein, or any other agreement, statement, or
promise not contained in this Amendment shall be valid and binding. Any
modification of this Amendment shall be effective only if it is in writing signed by
the parties.
Section 3:
All other terms and conditions of the AGREEMENT shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of
the day and year first set forth above:
City Of Diamond Bar Diana Cho And Associates
F-033
James DeStefano, City Manager
City Manager
Approved As To Form:
City Clerk
Diana Cho, Principal
City Attorney
CITY COUNCIL
Agenda # 6.15
Meeting Date: June 19, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: APPROPRIATE PROP C FUND IN THE AMOUNT OF $42,500 TO THE
CAPITAL IMPROVEMENT PROGRAM BUDGET AND AUTHORIZE THE
CITY MANAGER TO PURCHASE THE TRAFFIC MANAGEMENT
CENTER VIDEO MONITOR SYSTEM FOR A NOT -TO -EXCEED
AMOUNT OF $42,500
RECOMMENDATION:
Appropriate and authorize.
FINANCIAL IMPACT:
Metro has approved the request for use of Prop C Local Return funds in the amount of
$42,500 for purchase and installation of a video wall system that will facilitate operations
within the Traffic Management Center (TMC). Pursuant to the Los Angeles County
Department of Public Works Pomona Valley Intelligent Transportation System Co -
Operative Agreement dated December 5, 2006, funds to procure equipment necessary
to operate the City's TMC are eligible to be funded by LA County. Based on recent
discussions, LA County has committed to reimbursement for the purchase and
installation of the video wall system. Upon reimbursement from LA County, funds will
be returned to the Prop C reserve. Due to LA County's lengthy procurement processing
times of up to six (6) months, it is beneficial for the City to move forward with this
procurement and to subsequently seek reimbursement from LA County.
DISCUSSION:
Currently, the City's Traffic Management Center (TMC) provides real time operating
data for 63 traffic signals within our jurisdiction. This data can be presented in
graphical format for each of the intersections and is useful for troubleshooting
operational and coordination errors with the traffic signals. The TMC also provides real
time video streams from eight (8) key locations in the City which provides vital
information in monitoring intersections, timing, and traffic circulation throughout the City.
The TMC is also connected to the LA County Information Exchange Network (IEN)
which enables Diamond Bar and participating agencies to view the timing plans and
operating data for jurisdictions just beyond their borders. Integration of such information
allows for improved traffic signal coordination efforts. Since the City's TMC will
eventually serve as a subregional location within the Pomona Valley Region, LA County
has committed to funding the video wall purchase and installation.
Attached is a quote from Digital Networks Group Inc. for eight (8) Samsung 46" LCD
displays and wall mounts. Also included in this quote is the necessary cabling and
other auxiliary equipment needed to install the complete video wall system. A total of
three (3) quotes were obtained, but the best pricing was provided by Digital Networks
Group Inc. in the amount of $33,478.79. Additionally, two (2) workstations that will be
integrating the LCD displays into a larger wall display are provided separately via
Western States Contracting Alliance (WSCA) and PC Mall Gov. The pricing for two (2)
Hewlett Packard Workstations that will be necessary to tie the video displays together
will amount to $7,303.20. Additional quotes for the workstations were not necessary as
the WSCA pricing is a coalition of public agencies formed that has access to volume
based discounts from various vendors and suppliers in the industry. In the event that
the specified equipment is unavailable due to the rapidly changing technology market
where model numbers and features can be superseded by improved models at
comparable prices, it may be necessary to select an equivalent model or manufacturer
as an alternative. If this is necessary, the City Manager's authority for such purchase
will not exceed the $42,500 authorized under this request.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: June 12, 2012
REVIEWED BY:
David G. bu, Director of Public Works
Attachment: Vendor Quotes
2
DIG4TAL NETWORKS
G R 6 L P # F4 C
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Tel: (909) 839-7000
Quote 2/23/2012
Proiect Number: AB# 9174
Video Wall - Option 1
Kevin Fuller, Account Manager
kfuller@digitalnetworksgroup.com
Ship To:
Scope of Work:
DING will provide 8 install:
;8) Flat panel displays w/ adjustable flat mounts in a 2x4 video wall configuration
is) HDMI/DVI Tx/Rx boxes extending the OFE PC's HDMI/DVI signal via (2) STP Cal6 cables
(1) OFE PC HDMI/DVI Output to feed the (4) center flat panels
-using the displays internal video wall processor setup as a 2x2 video window
-daisy chain each of these displays via DVI In/Out Loop
(4) OFE PCs HDMI/DVI Output to feeds directly to each of the (4) outer flat panels
(TBD) All HDMI/DVI Cables as needed
(TBD) If Sharp LCD models LCDs are selected then DING will run 3,5mm Audio cables from PCs to Displays for Audio
Provided by customer:
-Wall backing for displays - already Installed
-Power outlets for displays - already installed
-AV cable pass-through box for displays - already installed
-(5) PCs with DVI/HDMI Outputs
NTfr Part No:: ^, .4ty .i Rescrtpfton-
,.. .. .„ .: _.., ....-1J.r�tf Pnce 'Ez#ended'
STATIC MOUNT
Chief-FCK008
6
8 MOUNT CONNECTOR
31.20
187.20
'.Chief-PAC116
8
1STEELSTUD/DRYVV,4LLANCHOR"KIT-BPC ., ,.
., .' 232A'
'MR 6532
5
HDM1EMende[ .. ,
_ .I. 54 t3:
,. 27Q65. ..
MP 5905
10
50' Cat&A STP cable
20.73
20230
IMP 4157
-10
roHDMI. cable ; .. ,
., 5'003WOO
MP 2661
10
DVI to HDMI cable 3ft
43.20
'MP 2759 ,. "'
, .. r4 `
_4.32
`DNG.
1
tv'liscellarieous gables, connectors, hardware,ye#c
Safcord SF4-6
2
Safcord Cord Cover 6'1 x 4"w gray
37.13
74 26
0
MP 4001
3
2 -gang recessed low voltage cable wall plate
3.76
11.28
,MP 7014
`' "' 3
'gang 9w
Next age..:,,:,
mb4p P
Created on Page 1 of 2
Digital Networks Group, Inc. Project: 9174
100 Columbia Suite 100 • Aliso Viejo, CA 92656 • Phone (949) 428-6333 • Fax(949)428-6334
www. d i g ita I n etwo rks g ro u p. co m
California Contractors License # 822511
f3CrOR I'tt
rerfvawxr01ar
Printed on 2/23/2012
Materials Sub-Total26,875,92
A j
This Quote is Valid for 30 Days.
Shipping & Handling: $474.43
CA Local Tax $2,351.64
Project Total: $33,478.79
Terms .:7
-f"�
Net 30
E"
on-- - -----
1. Conduits/Electrical Work 2. Pricing
* All conduit is usable and free of obstructions Tax & freight is included
Conduit, backboxes, and sleeves provided by others *All Pncing is confidential
110 VAC outlets and circuits not included 3. Quality Assurance
Core drilling not included, unless otherwise noted `All cabling complies with EIA-TIA 568/5698 Standards
Power Supplies, surge suppressors, UPS not included Site * All work shall comply with applicable Building Codes
shall be accessible during scheduled work hours * Changes to contract must be approved in writing
Account Manager:
Customer:
Created on 2123/2012 Page 2 of 2 Printed on 2/23/2012
Digital Networks Group, Inc. Project: 9174
100 Columbia Suite 100 0 Aliso Viejo, CA 92656 0 Phone (949) 428-6333 0 Fax (949) 428-6334
www. igitalnetvvorksgroup. com
California Contractors License # 822511
hqfYf),Cornrn
I KT 14 N 9 7 f I I A r
M
m
<
O
o
co
O
ra
IW.m co
Kam
m
<
O
o
co
O
ra
Agenda # 6.16
Meeting Date: June 19, 2012
CITY COUNCIL AGENDA REPORT
���RroaaTP9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City ManaP
TITLE: APPROVAL OF A CONTRACT MENDMENT WITH SUSTAINABLE
ENVIRONMENTAL MANAGEME T COMPANY (SEMCO) EXTENDING
THE CONTRACT TERM THROUGH SEPTEMBER 21, 2013 AT A COST
OF $35,750 FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT
OF $82,500
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
If approved, the contract extension will be fully funded using resources from the
Integrated Waste Management Fund, which does not impact the City's General Fund.
BACKGROUND/DISCUSSION:
SEMCO has provided dedicated technical assistance related to the City's environmental
services programs and solid waste franchise agreements since 2010. Staff has found
SEMCO's overall performance and expertise to be a key component in managing both
the City's environmental services programs and the complexities of the two waste
hauler franchise agreements. SEMCO's services to the City include:
• Monitoring of waste hauler franchise provisions to ensure compliance with
program requirements, waste stream diversion, recycling, and franchise, AB 939,
street sweeping, and road maintenance fee payment formulas and schedules.
• Review of waste hauler rate increase requests.
• Review of quarterly and annual waste hauler performance reports.
• Administration of various environmental grant programs.
• Other as needed environmental services and technical assistance.
With the City's two-year agreement with SEMCO expiring September 21, 2012, and the
not -to -exceed amount of $45,000 approaching, the parties have agreed in principle to a
one year contract extension pending the Council's approval. This one year extension
will increase the contract amount by $37,500 in FY 12-13, resulting in a total not -to -
exceed contract amount of $82,500. The contract will be completely funded using
special funds that do not impact the General Fund.
SEMCO has a long history of providing quality environmental services to the City, and a
complete knowledge of Diamond Bar's franchise requirements, fees, performance
standards, diversion requirements and environmental programs. With this confidence in
SEMCO's ongoing performance, staff recommends the City Council approve the
amendment extending the current Professional Services Agreement one year.
PREPARED
Ryan
Lean
Assisitit to the City Manager
2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Amendment') is
executed as of , 2012 by and between the City of Diamond Bar, California, a
municipal corporation ("City") and the Sustainable Environmental Management Company
("Consultant'), hereinafter together occasionally referred to as "the parties".
RECITALS
A. In September 2010, Consultant entered into a Professional Services Agreement
("Agreement') with the City to provide solid waste contract management services and other
environmental services.
B. The parties desire to amend the Agreement to extend the term an additional twelve
months at a not -to -exceed cost of $37,500 for FY 12-13, bringing the amended total not -to -
exceed contract amount to $82,500.
NOW THEREFORE, in consideration of the foregoing, City and Consultant hereby agree to
amend the Agreement as follows:
Paragraph 2 is amended to read as follows:
This contract shall take effect September 22, 2010 and shall continue until
September 21, 2013 unless earlier terminated pursuant to the provisions herein.
2. Paragraph 3 is amended to read as follows:
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 "A".
Payment will only be made after submission of proper invoices in the form specified by City.
Total payment to Consultant pursuant to this Agreement shall not exceed $82,500.
IN WITNESS WHEREOF, the parties have executed this Amendment to Professional Services
Agreement as of the date and year first written above.
CITY OF DIAMOND BAR
A Municipal Corporations
of the State of California
la
Ling -Ling Chang
Mayor
APPROVED AS TO FORM:
City Attorney
By:
SEMCO
CONSULTANT
City Clerk
DIAMOND BAIT
CITY COUNCIL
Agenda 9 g _ 2
Meeting Date: June 19, 2012
AGENDA REPORT
TO: Honorable Mayor and Memaa
f the City Council
VIA: James DeStefano, City Ma
TITLE: ADOPT RESOLUTION NO. 201 XX ESTABLISHING THE INTENT TO
PURSUE DEVELOPMENT AND CONSTRUCTION OF A 700 PLUS
SPACE PARKING STRUCTURE AT THE PARK AND RIDE LOT
LOCATED AT 100-101 NORTH DIAMOND BAR BOULEVARD
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
None.
DISCUSSION:
Foothill Transit recently proposed the idea of expanding the capacity of the current
Caltrans Park and Ride lot on Diamond Bar Boulevard through the construction of a
multi-level parking structure. The existing park & ride lot is in an ideal location near the
SR -57 and SR -60 Freeway Interchange. It currently accommodates 200 vehicles;
however, it reaches capacity early with the combined usage from carpool and vanpool
groups. Both its location and the daily demonstrated need make it ideal for expansion.
Preliminary assessments of demand and traffic patterns indicate significant benefits
from accommodating a 700 plus parking structure at this Park and Ride lot. Foothill
Transit has an existing express commuter route that carries patrons from this site to
downtown Los Angeles and the additional parking spaces would benefit their ridership.
Because of the bus ridership benefits, Foothill Transit is willing to facilitate this effort by
providing funding resources and project management for the development and
construction of the project.
The park & ride lot (see attached concepts) is currently owned and maintained by the
California Department of Transportation (Caltrans). Based on Diamond Bar's
preliminary discussions with Caltrans, they have indicated a willingness to relinquish the
property at no cost to the City. However, there would be stipulations that require
Diamond Bar to continue its use as a park & ride facility and to maintain the facility in
perpetuity. Diamond Bar could then opt to either lease the property to Foothill or
possibly deed the property to Foothill for their ownership and maintenance. Caltrans
has stated that under State law, they are required to work with only Cities or Counties
regarding real property matters.
The Foothill Board of Directors met on June 8, 2012 and voted unanimously to initiate
the proceedings to develop the Diamond Bar Boulevard Park & Ride parking structure.
At this meeting, the Board also authorized funding of the engineering and environmental
reports necessary to initiate the project.
Upon approval by the City Council, this resolution will be provided to Caltrans and a
cooperative agreement between Caltrans and the City of Diamond Bar will be prepared
for the relinquishment of the property. Also, a separate agreement between Foothill
Transit and Diamond Bar will be prepared to establish the terms and obligations of
Foothill to develop and fund the technical studies and construction. The draft
agreements will be forwarded to the City Council for consideration.
Rick Yee, Senior Civil Engineer Date Prepared: June 14, 2012
REVIEWED BY:
y
David , Director of Public Works
Attachment: Foothill Transit Commitment Letter
Project Description
Concept Drawings (3 options)
2
GOING GOOD PLACIFS
June 11. 2012
Mr. James DeStefano
City Manager
City of Diamond Bar
21810 Copley Drive
ne o
Diamond Bar, CA 91765
0
Re: Proposed Diamond Bar Park & Ride project
o._
a`
rn
s
Mr.re*:
These of this letter is to express Foothill Transit's strong
interest and co tm(�w
to P4
the development of a transit park & ride facility on the site of the current Dia mc arcPark
& Ride property at 100-101 N. Diamond Bar Blvd. The Foothill
Transit Executiv card
took action to support this project at their meeting on June
8th and we are most eager to
advance the project.
The current Diamond Bar park & ride site, near the 57 and 60 Freeway Interchange, is a
prime location for a multi-level, 700 -plus parking structure for local commuters. It currently
accommodates 200 vehicles on surface parking; however it reaches capacity early with the
combined usage from carpool and vanpool groups, leaving Foothill Transit customers with
few or no options.
Our thanks go to you and your staff for facilitating several meetings with Caltrans
representatives regarding this potential project. In our June 4, 2012 meeting with Michael
Miles, Caltrans District 7 Director, Mr. Miles indicated that Caltrans was supportive of a park
& ride project in Diamond Bar. However, since state law does not allow property transfers
to transit agencies and special districts, Caltrans can only enter into an agreement with a
city or county relative to property transactions. To achieve our goal of constructing a park &
ride structure at 100-101 N. Diamond Bar Blvd in Diamond Bar we need the assistance of
the City. Specifically, we understand that the City needs to submit a Letter of Intent to
Caltrans along with a resolution from the city council to transfer the property under collateral
relinquishment.
The development of a park & ride facility will clearly be a partnership effort between the City
of Diamond Bar and Foothill Transit. While we stand ready to fund the development of this
project, it will not happen without the support and involvement of the City. We know that this
project will require the use of scarce staff resources. We appreciate your partnering with us
to make this facility a reality.
If you have any questions, please do not hesitate to contact me.
100 South Vincent Avenue, Suite 200 • West Covina, California 91790 • foothllltransit.org o phone: 626.967.3147 o fax: 626.915.1143
at
The is oncl r" Park Ride Project 6 f /2
In February 2003, the Executive Board of Foothill Transit directed staff to encourage and
ultimately achieve the development of park & ride facilities in its 22 member cities. .
Equitable and convenient commuter access to public transit is efficiently and successfully
facilitated through properly -located park & ride facilities. Surrounding communities achieve
proven benefits -- reduced freeway congestion, improved air quality and the potential to
increase transit ridership.
In 2006 Foothill Transit partnered with the City of Claremont with the development of a 477
space parking surface parking with 200 spaces available for transit. That facility is a key
component of the economic expansion of the Claremont Transit Center.
Last July, the City of Industry and Foothill Transit entered into a 40 -year Ground Lease for the -
construction of a 4 -level parking structure containing approximately 620 parking spaces for the
exclusive use of Foothill Transit commuters. This will significantly alleviate crowding at the
current Industry Park & Ride while streamlining freeway access for the commute into
Downtown L.A.
The current Diamond Bar Park & Ride is in a prime location near the 57 and 60 Freeway
Interchange. It currently accommodates 200 vehicles however it reaches capacity early with
the combined usage from carpool and vanpool groups, leaving Foothill Transit customers with
few options. Both its location and the daily demonstrated need make it ideal for expansion.
Preliminary assessments of demand, traffic patterns and size indicate that the Diamond Bar Park
& Ride should expand to accommodate another 500+ spaces for local commuters, which
Foothill Transit is willing to facilitate through funding resources and project management.
Each parking space filled in the new lot would be one less car on the road, improving safety and
local air quality while providing Diamond Bar residents with more choices when it comes to
their money and their time. When fuel and maintenance costs rise exponentially, driving a
personal vehicle every day can become a significant drain not just for the individual, but also for
the local economy. Making public transportation convenient and accessible for all of our
communities is a primary driver behind park & ride development.
c:) h M Transit
UI NC, .,0O , i'L",C.;c
RESOLUTION NO. 2012 -XX.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ESTABLISHING THE INTENT TO
PURSUE DEVELOPMENT AND CONSTRUCTION OF A
700 PLUS SPACE PARKING STRUCTURE AT THE
PARK AND RIDE LOT LOCATED AT 100-101 NORTH
DIAMOND BAR BOULEVARD
A. RECITALS.
WHEREAS, Foothill Transit operates a public transportation system that services the
City of Diamond Bar and the surrounding area. Foothill Transit provides bus
transportation services along specified routes for the benefit of the residents of Diamond
Bar and neighboring cities.
WHEREAS, Making public transportation convenient and accessible for the region is a
primary driver behind park and ride development.
WHEREAS, the California Department of Transportation (Caltrans) owns certain real
property currently functioning as a Park and Ride Facility located at 100-101 N.
Diamond Bar Boulevard, Diamond Bar, California 91765
WHEREAS, Caltrans has agreed to relinquish the Park and Ride Facility located at 100-
101 N. Diamond Bar Boulevard, Diamond Bar, California 91765 to the City of Diamond
Bar
WHEREAS, Foothill Transit is proposing to improve this Park and Ride Facility through
the construction of a 700 plus parking structure on the lot located east of Diamond Bar
Boulevard
WHEREAS, Foothill Transit has secured funds from the Federal Transit Administration
for the design and construction of Park and Ride Facility improvements
WHEREAS, the Foothill Transit Board of Directors at its June 8, 2012 meeting approved
funds to begin development of engineering and environmental technical studies for the
proposed parking structure at the existing Park and Ride Facility located at 100-101
North Diamond Bar Boulevard, Diamond Bar, CA 91765
B. RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that there are significant benefits to expanding the
capacity of the existing Park and Ride Facility located at 100-101 North Diamond Bar
Boulevard, Diamond Bar, CA 91765 through the addition of a multi level parking
structure
SECTION 2. The City Council finds that Foothill Transit has secured Federal Transit
Administration Funds for design and construction of a multi-level parking structure with
approximately 700 parking spaces
SECTION 3. The City Council finds that Foothill Transit will fund the development of
environmental studies, design, and construction and that City will review the
environmental studies, design plans, and related reports.
SECTION 4. The City shall serve as lead agency for the processing of appropriate
California Environmental Quality Act (CEQA) compliance documents.
PASSED, APPROVED AND ADOPTED this _ day of 12012
Ling -Ling Chang, Mayor
I, TOMMYE CRIBBINS, City Clerk 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 , 2012
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
2
CIT1
-
ti �
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:-
ORGANIZATION:
DDRESS:ORGANIZATION:
CITY CLERK
DATE: 2A 1.
MME—
PHONE:.9�
AGENDA#!SUBJECT:
I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes
reflect my name and address as written above.
ignat
This document is a public record subject to disclosure under the Public Records Act.
CIT
Y
..:'
9
1Oki'i1R,'n�
$8ry
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL.
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#IS UBJECT:
CITY CLERK
DATE:
r f` b1j� S PHONE: 16 'MO
expect to address the Council on the subject agenda/subject it Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act..
