HomeMy WebLinkAbout022018 - Agenda - Regular Meeting
City Council Agenda
Tuesday, February 20, 2018
6:30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
RUTH M. LOW
Mayor
CAROL HERRERA
Mayor Pro-Tem
JIMMY LIN
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda
item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, 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.diamondbarca.gov
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.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You
are invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak
should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council
at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is available
by providing the City Clerk three business days’ notice in advance of a meeting. Please
telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30
a.m. to 4:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7010
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.
THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON
SPECTRUM CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION
CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET
AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION
TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY
SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT
8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING
ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
February 20, 2018
Next Resolution No. 2018-07
Next Ordinance No. 01(2018)
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Mark Hopper,
Evangelical Free Church of Diamond
Bar
ROLL CALL: Lin, Lyons,Tye, Mayor Pro Tem
Herrera, Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE.
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
FEBRUARY 20, 2018 PAGE 2
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting – February 22, 2018 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting – February 27, 2018 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive. (Cancelled).
5.3 City Council Meeting – March 6, 2018 – 6:30 p.m.,
AQMD/Government Center, 21865 Copley Drive.
6. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unle ss a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 CITY COUNCIL MEETING MINUTES.
6.1.a Regular Meeting of February 6, 2018.
Recommended Action: Approve.
Requested by: City Clerk
6.2 PLANNING COMMISSION MEETING MINUTES.
6.2.a Regular Meeting of January 23, 2018.
Recommended Action: Receive and file.
Requested by: Community Development Department
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES.
6.3.a Regular Meeting of January 11, 2018.
Recommended Action: Receive and file.
Requested by: Public Works Department
FEBRUARY 20, 2018 PAGE 3
6.4 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 1, 2018
THROUGH FEBRUARY 15, 2018 TOTALING $ 1,755,463.59.
Recommended Action: Ratify.
Requested by: Finance Department
6.5 SIXTH AMENDMENT TO STREET MAINTENANCE SERVICES
AGREEMENT WITH MCE CORPORATION IN THE AMOUNT OF
$112,580.99.
Recommended Action: Approve, and authorize the Mayor to sign, the
Sixth Amendment to Street Maintenance Services Agreement with MCE
Corporation (MCE), in the amount of $112,580.99 for a total fiscal year
authorization not-to-exceed amount of $278,180.99.
Requested by: Public Works Department
6.6 APPROVAL OF THE DESIGN AND PLANS, AND AW ARD OF
CONSTRUCTION CONTRACT TO PTM GENERAL ENGINEERING
SERVICES, INC., FOR THE COPLEY DRIVE & GOLDEN SPRINGS
DRIVE TRAFFIC SIGNAL INTERSECTION MODIFICATION PROJECT.
Recommended Action:
A. Adopt Resolution No. 2018-XX approving the design and plans,
and establishing a project payment account, for the Copley Drive &
Golden Springs Drive Traffic Signal and Intersection Modification Project;
and
B. Approve, and Authorize the Mayor to sign, a Contract Agreement
with PTM General Engineering Services, Inc. in the amount of $138,318,
plus a contingency amount of $14,000, for Contract Change Orders to be
approved by the City Manager, for a total authorization amount of
$152,318.
Requested by: Public Works Department
7. PUBLIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION:
8.1 FISCAL YEAR 2017/2018 MID-YEAR BUDGET REVIEW.
Recommended Action:
A. Adopt Resolution No. 2018-XX amending the Fiscal Year
2017/2018 City Budget revenue estimates and appropriations; and
B. Establish a new fund “CASP (SB1186) Fund” for the collection of
FEBRUARY 20, 2018 PAGE 4
the portion of the business license fee that is earmarked for increasing
disability access and compliance with construction related accessibility
requirements; and
C. Authorize the Parks & Recreation Director position to be filled.
Requested by: Finance Department
8.2 ORDINANCE XX(2018) OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR RE-AUTHORIZING A PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL (PEG) ACCESS FEE BY ADDING SECTION
13.12.1325 TO THE DIAMOND BAR MUNICIPAL CODE.
Recommended Action: Introduce for first reading by title only, waive full
reading of Ordinance No. XX (2018), and schedule the second reading
and adoption at the next regularly scheduled City Council meeting.
Requested by: City Manager
8.3 CITY COUNCIL APPOINTMENT OF PARKS AND RECREATION,
PLANNING, AND TRAFFIC AND TRANSPORTATION
COMMISSIONERS.
Recommended Action: Ratify Council Appointments.
Requested by: City Clerk
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
This Evening’s City Council Meeting will be adjourned in Memory of Assistant
Superintendent Kenneth Goodson with the Walnut Valley Unified School District.
Agenda #: 6.1
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MEETING MINUTES.
RECOMMENDATION:
Approve.
PREPARED BY:
Attachments:
1. 6.1.a Regular Meeting of February 6, 2018.
6.1
Packet Pg. 7
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 6, 2018
CLOSED SESSION: 5:30 P.M., Room CC-8
Public Comment on Closed Session Agenda
► City of Diamond Bar v. Oversight Board of the Successor Agency to the Industry
Urban-Development Agency, et al, Sacramento Superior Court Case No. 34 -
2017-80002718
► City of Diamond Bar v. City of Industry, et al, Los Angeles Superior Court Case
No. BS171295
CM/Fox stated there was no reportable action taken during tonight’s Closed Session.
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:30 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Catholic
Church, provided the invocation.
ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works
Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development
Director; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information
Manager; Anthony Santos, Assistant to City Manager; Cecilia Arellano, Public
Information Coordinator; and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 M/Low and City Councilmembers presented General Manager, Jonathan
Hsieh with a Certificate Plaque on behalf of Coffee Bean & Tea Leaf, New
Business of the Month for February 2018, located at 235 S. Diamond Bar
Boulevard.
6.1.a
Packet Pg. 8
FEBRUARY 6, 2018 PAGE 2 CITY COUNCIL
1.2 PREVIEW OF THE CITY’S NEW WEBSITE.
Public Information Manager Marsha Roa provided a PowerPoint
presentation outlining the City’s new website.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox introduced Capt. Al Reyes of the Diamond Bar/Walnut Sheriff’s Station
who provided an update on the Crime rate in the City.
Captain Reyes provided a public safety update. T he City enjoyed a relatively low
crime rate in 2017. As a result, the City was listed in www.safehomes.com as
one of safest cities ranking number 8 (25th percentile) throughout the nation for
2017. He congratulated Diamond Bar on reaching this milestone. In January
2017 there was a spike in residential burglaries which can be attributed to people
being on vacation during the Chinese New Year holiday. The department took a
proactive approach this year to provide residents with security tips for residents
and by publishing them at stations, posting them on social media websites and
the City’s website. In addition, the Sheriff’s Department contacted the local
Chinese media and provided them with those safety tips. These safety tips can
be used throughout the year. This year like last year the Volunteer on Patrol
Vacation Check program will be widely utilized. He received a letter from a
Diamond Bar resident who expressed his appreciation for the Volunteer’s
checking on their home, which he was able to monitor via his smartphone. In
addition to social media and public awareness efforts, the City provided extra
funding for additional patrols throughout the neighborhood . Special Assignment
Team Deputy Scheller partners with City staff to grow the Neighborhood Watch
Programs and to partner with community members to act as a force -multiplier.
The Department has witnessed great success and increased calls from
individuals reporting suspicious activity because of this program which has
helped the Department be successful in apprehending individuals involved in
property theft crimes. The Department has made significant arrests throughout
the year which are posted on Facebook and Twitter.
There has been a 38 percent drop in part one crimes during the year to date in
2018 compared to the same period in 2017. There has been a 49 percent drop
in residential burglary and a 50 percent drop in theft from vehicles year to date.
The Department continues to work diligently to monitor and respond to crime
trends.
C/Lyons asked Captain Reyes to explain what a Part 1 crime is.
Captain Reyes responded that Part 1 crimes are specific crimes that are reported
to the FBI and are divided into violent and property crimes. Aggravated assault,
forcible rape, murder and robbery are classified as violent. Arson, burglary,
larceny (theft), and motor vehicle theft are classified property crimes.
6.1.a
Packet Pg. 9
FEBRUARY 6, 2018 PAGE 3 CITY COUNCIL
C/Tye said he encourages everyone who “sees something to say something” and
he believes one of the most interesting things that happened recently, which
made its presence known on Facebook and was taken up by the media, within a
couple of days one of the perpetrators surrendered because of information that
was available and the technology that was used to take photos of the
perpetrators who were breaking into the home. C/Tye asked Captain Reyes to
comment.
Captain Reyes responded that the incident relayed by C/Tye is a perfect example
of what he had mentioned as far as people in the community partnering with the
department to be a force-multiplier. There were two separate residential
burglaries that occurred recently in Diamond Bar. Both victims had surveillance
technology that interfaced with the smartphones which allowed them to capture
the images of the suspects. Both residents posted the images on Facebook and
both residents compared the images and recognized that they appeared to be
the same suspect and reported the crimes. The Department took the report,
collected those images which were displayed on Channel 4 and Channel 9.
Within one day, one of the responsible suspects turned himself in to the station
and the detectives are actively working the case and have submitted a complaint
to the District Attorney for filing and investigating whether this suspect may be
responsible for other residential burglaries in this area.
C/Tye said that everyone feels the Sheriff’s Department is the City’s police
department and a partner in all things. Everyone is very grateful for the work the
Department does and keeping residents as safe as it can.
Captain Reyes thanked C/Tye for his support.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, highlighted library activities and
events taking place in February. She invited everyone to celebrate Chinese New
Year at the Diamond Bar Library with an afternoon of fun activities, art and music
on Saturday, February 10 from 2:00 p.m. to 4:00 p.m. This program is
sponsored by The Diamond Bar Friends of the Library. There will be a special
story time with students of the Diamond Bar High school Honor Society on
Wednesday, February 14th at 4:00 p.m. In celebration of Black History Month,
performers will bring African Traditions and African-American Folk tales to the
library on Saturday, February 17th at 3:00 p.m. All ages are welcome. For
further information on these and other events, check out the library’s website at
colapublib.org/libs/diamondbar/
Daniel Levanos, City Ambassador for One Legacy Donate Life announced that
April is Donor Awareness Month. The annual Donate Life rose float, The Gift of
Time won another Tournament of Roses Theme (Human Kindness) Trophy
Award. And for the 130th Tournament of Roses, the theme will be “The Melody of
Life.” Since April is donor awareness month, One Legacy is asking cities to
6.1.a
Packet Pg. 10
FEBRUARY 6, 2018 PAGE 4 CITY COUNCIL
declare April as DMV Donate Life California Month wi th a proclamation for the
importance of organ donation and thank the City Council for last year’s
proclamation. The 16th Annual Donate Life Run/Walk will be held on April 28th on
the campus of California State University Fullerton and the Mayor of Fullerton
has issued a friendly challenge to all civic leaders to join him in the Mayorathon
challenge by participating in the event. The deadline for the City Proclamation is
April 20, 2018 and he looks forward to receiving Diamond Bar’s proclamation. As
soon as he receives the Mayorathon packet he will drop it at City Hall.
Teri Muse, Waste Management said that in 2017 over 12,000 ton of recyclables
were diverted from the waste stream by the residents of Diamond Bar. The top
three items that were recycled in the City were green waste, paper and
construction debris. The lowest amount of recyclables were beverage cans and
bottles with the exception of those that could be redeemed for cash which go
back to the recycle centers. Residential recycling increased one percent in 2017
in Diamond Bar which has 46 percent diversion. Waste Management is focused
on educating residents about the proper way to recycle which includes placing
empty plastic bottles, cans and cardboard in the recycle bin, particularly keep ing
food and liquids out of the recycling bin because water and other liquids can
actually contaminate an entire load; plastic bags are not allowed including trash
bags and zip lock bags. So, Please do not put recyclables in trash bags into the
recycling bins. To help demonstrate what actually happens once recyclables are
put into the recyclable cart, Waste Management is hosting a multi-chamber tour
for residents and businesses in Arcadia, Diamond Bar, Baldwin Park, La Verne
and San Dimas on April 10th from 10:00 a.m. to 12:00 noon open to the public
(first 100 who RSVP). Thank you for allowing Waste Management to continue
serving the City of Diamond Bar.
Robin Smith read a letter she sent to CA/DeBerry regarding the January 16 th
Council Meeting and his comments about the Millennium project and requested
his response.
Bryan Leung said there was a new development near his home which is called
the Walnut Drive project. Residents were never given notice of this matter and
when they attended a presentation by the developers the residents were told the
developers had gone through the CEQA process but the residents never were
given a chance to comment on that process. The developers and the City of
Industry stated that the City of Diamond Bar planners knew a bout the
development but the residents did not and his request is, that moving forward, if
anyone in the City knows about such a project they should let the residents
know.
4. RESPONSE TO PUBLIC COMMENTS:
CA/DeBerry said that with respect to the comments from Ms. Smith, he never
received the letter, but Ms. Smith, according to one of the petitioners, is one of
the litigants in the Inland Oversight Committee vs. the City of Diamond Bar and
6.1.a
Packet Pg. 11
FEBRUARY 6, 2018 PAGE 5 CITY COUNCIL
Millennium her own legal counsel brought an action in that Court seeking to
enjoin Millennium from developing in th e Kicking Horse area. The Court found
that Millennium had an easement in the area and the right to develop in that
area. With respect to all of her other questions about documents, her attorneys
were given ample opportunity by the Court to submit all of the evidence they had.
Millennium submitted the evidence they had to show they had those rights and
the Court determined, at least preliminarily, that Millennium had the right to go
onto that property. From the standpoint of questions revolving around the current
litigation, Ms. Smith needs to talk with her own lawyer rather than ask the City’s
lawyer to give her that information.
CM/Fox said that with respect to Mr. Leong’s comments and the City of Indu stry
housing project, he shares the speaker’s frustration. Diamond Bar received
notice of the project the same day the residents received the notice which was
the Thursday prior to the Christmas holiday which the City of Industry was then
closed for that following week. Staff has been monitoring the project and has
reviewed the environmental documentation, the Mitigated Negative Declaration
that was referenced in that public notice. Staff believes, in reviewing that
document, it is actually fairly complete and technically appropriate for the type of
development that it is. The Industry’s Planning Commission originally back in
January continued the matter. The Planning Commission held a meeting today
and that meeting was again continued to next week so no decision has been
made by the City of Industry Planning Commission and no recommendation has
been made. He believes the applicant held a community workshop last Tuesday
night, the same night that Diamond Bar held its General Plan Joint Planning
Commission and City Council meeting with a number of residents attending. At
this point, he believes that all of the information about what is being proposed is
out in the public and whether individuals agree with the project or not may be a
different story. Diamond Bar provided comments on the record today that the
City of Diamond Bar is interested in the project and will continue to monitor the
project. Diamond Bar has suggested some minor conditions of approval for their
inclusion into the development project and have yet to see how they will respond.
C/Lin said the piece of property where Industry is developing is within the Sphere
of Influence of Diamond Bar. If that is the case, by law, Diamond Bar has to be
notified before the process begins.
CM/Fox responded that the property is within the City of Industry and directly
across the street to the City of Diamond Bar where the two share a common
border. It is a small sliver of land that is tucked in between the Walnut Drive and
the SR60 on which there is one house. It is technically within the City of Industry
and they would have entitlement authority for that project. Diamond Bar has the
right and the ability to comment. W hen one considers alternatives of what could
be there under the current zoning of industrial uses with City of Industry directly
across the street to residents, staff believes that it is a better land use
compatibility project in that regard.
6.1.a
Packet Pg. 12
FEBRUARY 6, 2018 PAGE 6 CITY COUNCIL
C/Tye said that the City can commiserate with Mr. Leong respective to getting
information from the City of Industry. It is important to understand that this is a
City of Industry property. They are entitled to build what they want to build. They
can take input from Diamond Bar and they do not have to do anything with it
unlike property that is in the City of Diamond Bar that the City of Industry would
like to do whatever they want without considering Diamond Bar’s input over
which Diamond Bar has land use authority (Tres Hermanos property). It is
probably a good practice to not believe everything one hears and know that this
City is here for Diamond Bar residents. Unfortunately, some property does abut
City of Industry and Diamond Bar will do it’s very best to keep everyone apprised
of what is going on.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting – February 8, 2018 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting – February 13, 2018 – 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Presidents Holiday – February 19, 2018 – City offices closed Monday,
February 19, 2018 in observance of Presidents Holiday. City offices
reopen Tuesday, February 20, 2018 at 7:30 a.m.
5.4 City Council Meeting – February 20, 2018 – 6:30 p.m.,
AQMD/Government Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Lin moved, C/Lyons seconded, to approve
the Consent Calendar with the exception of Item 6.9 pulled by C/Lyons for
separate consideration and discussion. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES:
6.1a Regular Meeting of January 16, 2018 – as presented
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MEETING MINUTES:
6.2a Special Meeting of November 16, 2017.
6.1.a
Packet Pg. 13
FEBRUARY 6, 2018 PAGE 7 CITY COUNCIL
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MEETING MINUTES:
6.3a Regular Meeting of November 9, 2017.
6.4 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES:
6.4a Regular Meeting of November 28, 2017.
6.5 RECEIVED AND FILED GENERAL PLAN ADVISORY COMMITTEE
MEETING MINUTES:
6.5a General Plan Advisory Committee Meeting of June 15, 2017.
6.6 RATIFIED CHECK REGISTER DATED JANUARY 11, 2018 THROUGH
JANUARY 31, 2018 TOTALING $1,655,488.32.
6.7 APPROVED TREASURER’S STATEMENT FOR DECEMBER 2017.
6.8 APPROVED CONSULTANT SERVICES AGREEMENT WITH TAIT &
ASSOCIATES, INC. FOR THE DESIGN OF AREA 6 RESIDENTIAL AND
COLLECTOR ROAD REHABILITATION PROJECT IN THE AMOUNT OF
$50,000 PLUS A CONTINGENCY AMOUNT OF $5,000 FOR A TOTAL
AUTHORIZATION AMOUNT OF $55,000.
6.10 APPROVED ADDITIONAL APPROPRIATION FOR SPECIAL LEGAL
SERVICES IN THE AMOUNT OF $250,000 FROM GENERAL FUND
RESERVES TO CONTINUE SPECIAL LEGAL SERVICES PROVIDED
BY SHEPPARD, MULLIN, RICHTER & HAMPTON LLP.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.9 RECEIVED AND FILED GENERAL PLAN STATUS REPORT FOR 2017.
C/Lyons explained that this status report is a listing of items that were
accomplished in 2017 by City staff and with input and guidelines from the
City Council. There are five or six pages of this list of things that were
accomplished this year and she highlighted certain items she found
interesting. Improvements in the City’s parks, acquiring land for a new
park and then the soon-to-be enjoyed Larkstone Park; water usage was
reduced 25 percent, improvement of traffic flow on the main Diamond Bar
streets through Adaptive Traffic Control Signals, continued work on the
General Plan update and probably everybody’s favorite which is the new
Diamond Bar Ranch Center which opened with a beautiful new Sprouts
and now a Coffee Bean and Tea Leaf and a Chipotle. She congratulated
staff and said she was sure the rest of the Council agreed, on all of the
objectives that were actually reached in the calendar year 2017. She did
6.1.a
Packet Pg. 14
FEBRUARY 6, 2018 PAGE 8 CITY COUNCIL
not believe this should go through as just another thing because it is not
just another thing – it is five pages of good things.
M/Low agreed that the City should be very proud of the achievements of
2017.
C/Lyons moved, MPT/Herrera seconded to Receive and File the General
Plan Status Report for 2017. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROPOSED
RULE 1410 ANALYSIS.
AtoCM/Santos presented staff’s report on SCAQMD’s proposed Rule
1410 for Council’s discussion and direction to staff. The proposed Rule
1410 is currently evaluating the use of Hydrofluoric Acid and its Alkylation
(chemical) process. The two main items being used to evaluate whether
the SCAQMD will impose new restrictions include impacts to public health
and impacts to businesses and consumers. Those in support of PR 1410
contend that the current technology impacts air quality and by extension,
public health. Those opposed to PR 1410 contend that the new
replacement technologies would place significant financial burdens on
those companies which could lead to lost jobs, gas shortages and by
extension, price increases on gasoline of 25 cents or more per gallon.
M/Low asked if there were working groups in the process of working these
issues and if so, have they prepared their report as a result of their
studies.
AtoCM/Santos responded that there have been a series of six community
workshops over the last year or so and the group has been working
through some of the discussion points. The SCAQMD Board has ultimate
decision-making authority with regard to those discussion points and
whether they actually take in the feedback of residents, community
groups, businesses, and their related impacts will be their decision.
However, it is something that staff wanted to bring to Council’s attention
because it could have impact to Diamond Bar residents and businesses.
6.1.a
Packet Pg. 15
FEBRUARY 6, 2018 PAGE 9 CITY COUNCIL
C/Lin asked for staff’s recommendation.
AtoCM/Santos said that staff’s recommendation is to request direction
from the Council whether or not to take a formal position on the proposed
PR1410.
C/Tye indicated that he is a little disappointed that the League of California
Cities will not take a position on this item because it is only a “rule” and not
“legislation.” To him, rules somehow become legislation when nobody is
looking. The AQMD is the organization that tried to ban fire rings at local
beaches. And it wasn’t until they were ready to take those fire pits out that
people got up-in-arms and beat that back. He finds it humorous that this
is something they do under the guise of protecting air quality and that they
think this impacts air quality. Cows passing gas impacts air quality. There
are some things that something can be done about and some things
where nothing can be done, but he really thinks this is something Diamond
Bar should weigh in on and he would highly recommend that the Council
provide a letter of opposition to this “rule” so that it does not become, at
some point in the future, legislation and everyone is asking how a nd when
did that happen.
Brad Jensen indicated that he handles political, legislative and regulatory
affairs for the San Gabriel Valley Economic Partnership . The partnership
opposes PR 1410 and opposes an outright ban on the use of Hydrofluoric
Acid or modified Hydrofluoric Acid and also oppose s a phase-out of the
use of that chemical. It is a very technical issue that essentially comes
down to there are two oil refineries in Torrance that employ about 1 ,500
people locally in Southern California, a good portion of which is labor
union employees. The refineries provide about 20 percent of the gas that
is produced in the State of California. It also has a very significant impact
because they produce roughly 80 percent of the diesel fuel for the ships at
the ports of Long Beach and LA and 30 percent of the jet fuel used at
LAX. He does not know how much fuel is used at Ontario but assumed it
was a similar proportion, roughly 30 percent. The SGVEP is very
concerned about this new rule and the affect it wo uld have on these two
oil refineries, especially on the local economy. If this rule were to go into
effect, SGVEP believes that these two oil refineries will close costing
these jobs and raising gas prices significantly. California uses a very
unique blend of gas and it cannot be replicated in many places around the
country, and to import that type of gas would be very costly and very
difficult. The refining capacity in California is very limited as it exists and
losing these two refineries would put the state on a razor’s edge about its
long term gas supply. The effect in the San Gabriel Valley is very
significant which sits very close to Ontario Airport which is a huge
economic engine for the area. Also, with a loss of these two oil refineries
there would be a very significant jump in the oil prices. He has a list of 38
companies that are engaged in transportation-related businesses here in
6.1.a
Packet Pg. 16
FEBRUARY 6, 2018 PAGE 10 CITY COUNCIL
Diamond Bar and his data suggests that they have sales totaling roughly
$54 million a year. He is not entirely sure how much of that is in sales tax
but it would be very significant.
C/Lin asked Mr. Jensen why he came to the conclusion that based on PR
1410 the Torrance refineries would close.
Mr. Jensen said he is not an expert on oil refineries. The chemical
Hydrofluoric Acid is very dangerous. However, he has a lot of confidence
in the safety measures that are in place and new safety measures that will
come online shortly. One of these refineries was formerly owned by
Exxon Mobil. There was an instance in one of these refineries in February
2015 but it is now under new management by a PBF Energy which runs
four other oil refineries in different parts of the country. They have taken
great measures to improve the safety of this facility and they are working
very much hand-in-glove with their employees who feel very confident
about the safety measures that are in place and that the use of this
chemical does not pose a serious risk to the safety and health of the
people in and around Torrance and other nearby communities.
Hazardous chemicals are used all of the time for different processes and
we manage that risk and we take a number of safeguards to ensure that
people are safe. He has a lot of confidence in the good people of the
labor unions, that if they feel that this chemical that they work with every
day is being safely used and does not pose a risk to the community, many
of whom live in the Torrance area, he has a lot of confidence in their view.
M/Low asked if Mr. Jensen had reviewed the d ata regarding emissions
that are being proposed to do away with by proposing this ban.
Mr. Jensen said he was not sure this was the type of data being
considered by the AQMD. He believed that people in the community
approached the AQMD expressing concern about the use of this chemical
which was discovered about 300 years ago and is used in a variety of
different processes including metal engraving and etching. The way the
state uses it is through an alkalization process to create the special brand
of gasoline that is used in this state. It has been used at the refinery now
owned by PBF Energy for 50 years and the modified version called MHF
has been used since 1997. It is a safer version and much more stable.
This chemical, if mixed with water, is essentially very, very safe because it
knocks out the toxicity. He believes what AQMD is trying to do is to
consider several proposals that would ensure the maximum safety and
one of the things they are looking at is an outright ban to get rid of this
chemical completely. They are also considering phasing it out over a
period of time and maybe putting in some kind of new chemical process.
The AQMD Board subcommittee had a hearing on this issue a couple of
weeks ago in Torrance and they have directed their staff to come back
6.1.a
Packet Pg. 17
FEBRUARY 6, 2018 PAGE 11 CITY COUNCIL
with more concrete proposals in a matter of weeks.
M/Low asked if the other alternatives were being proposed in yet another
rule number.
Mr. Jensen said he believed they were being considered as alternatives.
There is a new Alkalization process underway at a refinery in Salt Lake
City which uses a different kind of chemical process. There is also a
different type of chemical called Sulfuric Acid which is used in different
types of oil refining processes. But converting these refineries that have
been using this chemical for decades to a completely different chemical
process would require these companies to invest much more money, time
and effort and it can be very difficult to bring on new equipment or a new
facility in California. For the Economic Partnership, the ramifications of
that for the entire region are very significant, hence the opposition of PR
1410.
C/Tye moved, MPT/Herrera seconded, to authorize the Mayor to send a
Letter of Opposition to PR 1410 to the South Coa st Air Quality
Management District.
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye thanked all who attended the Ribbon Cutting for Coffee Bean and Tea
Leaf. It is great to have them in town. It is a wonderful renaissance the City is
enjoying at the Sprouts Center (former Kmart Center). He looks forward to
visiting the new Chipotle, refurbished McDonald’s, Ross and other retailers that
will bring their businesses to Diamond Bar. He does not remember the CEO of a
company present at a ribbon cutting ceremony and everyone is grateful that John
Fuller was there to show his support. After talking with a couple of people he
hopes the south end of town will get a Coffee Bean and Tea Leaf as well.
C/Lin said that two weeks ago the City Council and Planning Commission held a
joint meeting regarding the General Plan update. It was one of the most
productive meetings he has attended. There was a large number of people who
participated in shaping the City’s future. Whether there was consensus or not,
there was a decision to move forward with an Alternative for the environmental
assessment. Diamond Bar’s biggest problem is the traffic congestion and the
SR57/60 Confluence. Two years ago voters approved Measure M which is
supposed to generate $120 billion in the next 40 years to improve the
6.1.a
Packet Pg. 18
FEBRUARY 6, 2018 PAGE 12 CITY COUNCIL
transportation throughout the county. Unfortunately, the Confluence project was
included with a starting date of 2028. Over the years the City Councils and staff
worked to convince state and federal officials to help provide the means to get
the funding accelerated. Prior to Measure M the cost was $235-250 million
which was beyond the City’s means to finance. In recent days, the City has been
told that LA County Metro may accelerate the schedule for improving the
SR57/60 Confluence. If that happens, the design should be completed as ea rly
as three years and construction can commence in five years which is great news
for Diamond Bar. Hopefully, Metro can follow through with this plan.
C/Lyons said that Diamond Bar highly values its Volunteer Patrol, community
volunteers who take on many tasks that are very helpful to this community.
Earlier tonight Captain Reyes mentioned that the Volunteer Patrol provides
vacation checks so that when people are on vacation the Volunteer Patrol will go
to the homes, get out of their car to walk arou nd and make sure everything looks
secure. Perhaps there might be other things the Volunteer Patrol could do to
help the community. For example, perhaps the Volunteer Patrol could be trained
to check out certain retail areas and business parks, etc. to make sure that
businesses are in good shape, that they are up to code, signage is good and the
landscape is in good order. They could also look at the parks that are owned b y
the City to supplement staff. In addition, it is good to have a fresh set of eyes on
these things and she thought perhaps the Council might want to consider
whether it would be good to expand the role of the Volunteer Patrol. She
attended a meeting last week on the future of the Ontario Airport and she
believes that like her, many residents love the Ontario Airport which she uses as
often as possible. As Mr. Jensen said, there will be a daily non-stop flight
between Taiwan and the Ontario Airport in March of this year. In addition, the
CEO of the airport said they are working deals with various airlines to fly non-
stop from Ontario to Washington D.C., New York, Boston and Florida. They are
also looking at getting non-stop flights to Paris and London. She thinks the area
will see a vital and vibrant Ontario Airport ready to serve the area and it will again
be wonderful. Several people have asked her for an update regarding the Take
Back our Community organization that Diamond Bar joined the end of 2017
which serves to reduce crime, tell the full story about crime rates, Proposition 5 7
and other things. The group has sponsored a Ballot Measure “Reducing Crime
and Keeping California Safe Act of 2018.” Anyone who is interested in learning
more can Google it to see if they would like to sign the petition to get the
measure on the ballot. She agreed with her colleagues that Coffee Bean and
Tea Leaf is off to a great start. It is relaxing, the coffee is good and it is a great
place to hang out.
MPT/Herrera thanked Captain Reyes for providing safety tips on how to protect
homes in Diamond Bar which is of great concern to residents. She thanked the
City for paying extra money for more patrols and more unmarked vehicles which
will certainly help deter crime and help the residents to feel safer. The tips the
Captain recommended, lights on to make it appear someone is in the home when
owners are away for several days and to make sure doors are locked. Some
6.1.a
Packet Pg. 19
FEBRUARY 6, 2018 PAGE 13 CITY COUNCIL
people do not lock their front doors and unwanted guests can walk right in the
house. Please remember to lock all windows and doo rs when leaving your
homes. She looks forward to more safety tips and information. The Ribbon
Cutting at Coffee Bean and Tea Leaf was well attended this morning and it is
great to see that shopping center so vibrant with so many cars in the parking lot
with people visiting different shops. People are looking forward to the opening or
Ross and The Habit will be opening sometime this summer.
M/Low thanked Captain Reyes and his team. She and MPT/Herrera had a very
lengthy Public Safety Subcommittee mee ting with the department where they
were briefed on the details of what they are doing to reduce crime and the extra
efforts they are making toward that end which is greatly appreciated. The
number of Neighborhood Watch groups are up to 84 now which shows that
people are very interested in these groups. They are effective and they work.
Not only do people watch out for themselves, they watch out for neighbors and
their properties as well which has proven to be successful in deterring crime and
apprehending the suspects who commit these crimes. Thanks to the Department
and to staff for their diligence in this effort. On January 27 th she attended the
Diamond Bar Friends of the Library Volunteer Appreciation Dinner honoring a
group of individuals who work very hard to support the library and literacy efforts.
The group honored Rick Rogers, Richard Malooly, Lydia Figueroa, Susan
Pantages, Helen Lin and Michael Brown. She congratulated the honorees and
thanked them for their service to the library and the community. Anyone who is
interested in volunteering at the City can apply to serve as a commissioner on
the City’s website. The deadline for applications is tomorrow at 5:00 p.m.
Diamond Bar received the Distinguished Budget Presentation Award from the
Government Financial Officers Association for the Fiscal Year 2017 -18 Budget.
This award is the highest recognition of governmental budgeting and is a
significant achievement in financial stewardship for Diamond Bar. She
congratulated FD/Honeywell and MA/Allen for their excellent work. Happy Lunar
New Year to everyone celebrating the holiday. Be safe.
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 8:01 p.m.
_____________________________________
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2018.
Ruth M. Low, Mayor
6.1.a
Packet Pg. 20
Agenda #: 6.2
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PLANNING COMMISSION MEETING MINUTES.
RECOMMENDATION:
Receive and file.
PREPARED BY:
Attachments:
1. 6.2.a Regular Meeting of January 23, 2018.
6.2
Packet Pg. 21
6.2.a
Packet Pg. 22
6.2.a
Packet Pg. 23
6.2.a
Packet Pg. 24
6.2.a
Packet Pg. 25
6.2.a
Packet Pg. 26
Agenda #: 6.3
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TRAFFIC & TRANSPORTATION COMMISSION MINUTES.
RECOMMENDATION:
Receive and file.
PREPARED BY:
Attachments:
1. 6.3.a Regular Meeting of January 11, 2018.
6.3
Packet Pg. 27
6.3.a
Packet Pg. 28
6.3.a
Packet Pg. 29
6.3.a
Packet Pg. 30
6.3.a
Packet Pg. 31
6.3.a
Packet Pg. 32
Agenda #: 6.4
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 1, 2018
THROUGH FEBRUARY 15, 2018 TOTALING $ 1,755,463.59.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $1,755,463.59.
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 February 1, 2018 through
February 15, 2018 for $1,755,463.59 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 ap propriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
6.4
Packet Pg. 33
REVIEWED BY:
Attachments:
1. 6.4.a Check Register Affidavit 2-20-18
2. 6.4.b Check Register 2-20-18
6.4
Packet Pg. 34
6.4.a
Packet Pg. 35
6.4.bPacket Pg. 36
6.4.bPacket Pg. 37
6.4.bPacket Pg. 38
6.4.bPacket Pg. 39
6.4.bPacket Pg. 40
6.4.bPacket Pg. 41
6.4.bPacket Pg. 42
6.4.bPacket Pg. 43
6.4.bPacket Pg. 44
6.4.bPacket Pg. 45
6.4.bPacket Pg. 46
6.4.bPacket Pg. 47
6.4.bPacket Pg. 48
6.4.bPacket Pg. 49
6.4.bPacket Pg. 50
6.4.bPacket Pg. 51
6.4.bPacket Pg. 52
6.4.bPacket Pg. 53
6.4.bPacket Pg. 54
6.4.bPacket Pg. 55
6.4.bPacket Pg. 56
6.4.bPacket Pg. 57
6.4.bPacket Pg. 58
Agenda #: 6.5
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SIXTH AMENDMENT TO STREET MAINTENANCE SERVICES
AGREEMENT WITH MCE CORPORATION IN THE AMOUNT OF
$112,580.99.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Sixth Amendment to Street Maintenance
Services Agreement with MCE Corporation (MCE), in the amount of $112,580.99 for a
total fiscal year authorization not-to-exceed amount of $278,180.99.
FINANCIAL IMPACT:
Approval of the Sixth Amendment will increase the total authorization contract amount
for MCE by $112,580.99 for a total fiscal year authorization amount not to e xceed
$278,180.99. To date, the current fiscal year authorization is $1 65,600.00, which
includes $2,000 for Road Maintenance, $2,000 for Signing & Striping, $120,000 for
Right-of-Way Maintenance, $11,600 for Storm Drain, and $30,000 for Vegetation
Control.
The approved Fiscal Year 2017-2018 Public Works Operating Budget provides for these
routine maintenance services, as well as on-call street maintenance services such as
asphalt/concrete pavement, sidewalk/curb and gutter, and striping . The line item
budget is as follows:
Asphalt/Concrete Pavement $250,000
Sidewalk R&R $350,000
Signing & Striping $ 50,000
The proposed contract amendment can be accommodated within the existing budget.
6.5
Packet Pg. 59
BACKGROUND/DISCUSSION:
For the current fiscal year, based on the approved annual work program, a contract
amount of $165,600.00 was approved as part of the one-year contract extension with
MCE. This amount does not include any road pavement, sidewalk/curb & gutter, and
signing/striping maintenance activities. Since July 2018, these specific street
maintenance activities are performed under a separate maintenance contract with
Hardy & Harper, Inc.
As part of our regular maintenance program, City-owned parking lots seal coating and
striping, as well as arterial striping at various locations were scheduled to be performed
by Hardy & Harper. The parking lot locations are City Hall, Diamond Bar Center, Maple
Hill Park, Pantera Park, Paul C. Grow Park, Heritage Park and Summitridge Park. Due
to scheduling conflicts, Hardy & Harper was unable to perform these services at the
time required. As a result, a fee proposal was requested of MCE. In turn, MCE and
their subcontractor, Premier Paving, submitted a proposal to accommodate our special
request (See attached Exhibits “A” & “B”). The maintenance work included seal coat
application and striping for the aforementioned parking lots, and arterial striping at
various locations with the costs being $81,941.20 and $30,639.79, respectively. The
Hardy & Harper proposal was $132,727.20 for parking lot seal coat application and
striping and $27,976.60 for arterial striping at various locations; a total proposed cost of
$160,703.80. MCE, along with their subcontractor, was able to perform these services
for a total cost of $112,580.99. All the work was completed in a timely manner in
October and November 2017.
Staff recommends approval of the contract amendment to MCE for these maintenance
services in the amount of $112,580.99.
PREPARED BY:
Attachments:
1. 6.5.a Amendment No. 6
2. 6.5.b Exhibit A
3. 6.5.c Exhibit B
6.5
Packet Pg. 60
6.5.a
Packet Pg. 61
6.5.a
Packet Pg. 62
6.5.b
Packet Pg. 63
6.5.b
Packet Pg. 64
6.5.b
Packet Pg. 65
6.5.b
Packet Pg. 66
6.5.b
Packet Pg. 67
6.5.b
Packet Pg. 68
6.5.b
Packet Pg. 69
6.5.b
Packet Pg. 70
6.5.b
Packet Pg. 71
6.5.b
Packet Pg. 72
6.5.c
Packet Pg. 73
Agenda #: 6.6
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF THE DESIGN AND PLANS, AND AWARD OF
CONSTRUCTION CONTRACT TO PTM GENERAL ENGINEERING
SERVICES, INC., FOR THE COPLEY DRIVE & GOLDEN SPRINGS
DRIVE TRAFFIC SIGNAL INTERSECTION MODIFICATION PROJECT.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Adopt Resolution No. 2018-XX approving the design and plans, and establishing
a project payment account, for the Copley Drive & Golden Springs Drive Traffic Signal
and Intersection Modification Project; and
B. Approve, and Authorize the Mayor to sign, a Contract Agreement with PTM
General Engineering Services, Inc. in the amount of $138,318, plus a contingency
amount of $14,000, for Contract Change Orders to be approved by the City Manager,
for a total authorization amount of $152,318.
FINANCIAL IMPACT:
The FY 17/18 Capital Improvement Program (CIP) Budget has a current allocation of
$150,785 of Prop C Funds and $58,260 of Traffic Improvement Funds for the Copley
Drive & Golden Springs Drive Traffic Signal and Intersection Modification Project. With
an existing encumbrance of $38,910 for design and construction management services
and an authorized contingency of $4,000, there is a balance of $166,135 in the project
account for construction. There is sufficient funding included in the FY 17/18 CIP to
construct the project as shown in the Table below:
6.6
Packet Pg. 74
Copley Drive & Golden Springs
Drive Design Encumbrance/ Balance
Traffic Signal and Intersection and Expenses
Modification Construction
Project #24716 Budget
Prop C Fund $150,785 $150,785
Traffic Improvement Fund $58,260 $209,045
Iteris, Inc. Design and Construction $38,910 $170,135
Management (CM) Consultant
Services
Contingency for Design and CM $4,000 $166,135
PTM General Engineering, Inc. $138,318 $27,817
Construction Contract
Contingency for Construction $14,000 $13,817
Balance $13,817
BACKGROUND/DISCUSSION:
Golden Springs Drive is a four (4) lane arterial street with raised medians. The raised
median narrows to provide a left turn pocket for westbound traffic on Golden Springs
Drive at Copley Drive (See Attachment 2). Currently, vehicles traveling westbound on
Golden Springs Drive are permitted to turn left onto Copley Drive with a green arrow or
green “ball” indication, also known as “Protective/Permissive” left-turn operation. To
reduce the potential for turning movement conflicts between the eastbound thru and the
westbound left turn vehicles, the City’s traffic engineering consultant conducted a study
at this intersection in early 2017 to evaluate and improve the operating conditions at this
signalized intersection.
Based on the evaluation, the following improvements are recommended (See
Attachment 3):
• Modification of the existing “Protective/Permissive” left turn to a “Protective” left
turn only
• Installation of a “No Right Turn on Red” restriction sign for the northbound direction on
Copley Drive
• Traffic signal re-timing
• Replacement of the traffic signal pole located at the northwest corner of the
intersection
• Modification of the westbound median nose
• Upgrade the existing curb ramps to meet ADA compliance
• Upgrade the existing regulatory signs
• Installation of new video detection cameras
• Installation of a new Closed Circuit Television Camera (CCTV)
• Re-stripe the crosswalk located west of the intersection, and
• Other incidental and appurtenant work
6.6
Packet Pg. 75
With the completion of the plans and specifications, the project was advertised for bids
on December 18, 2017. On January 4, 2018, five (5) bids were received. PTM General
Engineering Services, Inc. submitted the lowest base bid in the amount of $138,318.
The bids received were as follows:
Company Bid Amount
1. PTM General Engineer Services, Inc. $138,318.00
2. CA Professional Engineering, Inc. $144,025.00
3. Belco Elecnor Group $154,634.00
4. DBX, Inc. $175,024.80
5. Comet Electric, Inc. $186,920.00
The engineer’s estimate was $127,000 with a schedule of sixty (60) working days. Staff
has verified the contractor state license for PTM General Engineering Services, Inc. to
be valid. PTM General Engineering Services, Inc. h as performed other similar
satisfactory projects for Diamond Bar, and the cities of Whittier, Huntington Beach and
Santa Barbara.
The project schedule is tentatively set as follows:
Award of Contract February 20, 2018
Start of Construction (due to procurement of material) April 2018
Completion of Construction June 2018
PREPARED BY:
REVIEWED BY:
6.6
Packet Pg. 76
Attachments:
1. 6.6.a Resolution No. 2018-XX
2. 6.6.b Contract Agreement, PTM
3. 6.6.c Traffic Signal Improvement Plans
4. 6.6.d Project Location Map
6.6
Packet Pg. 77
RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE DESIGN AND PLANS
FOR THE COPLEY DRIVE & GOLDEN SPRINGS DRIVE
TRAFFIC SIGNAL AND INTERESECTION MODIFICATION
PROJECT PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT.
WHEREAS, the City retained Iteris, Inc. (“Consultant”) as the engineer to design
and prepare the plans for the Copley Drive & Golden Springs Drive Traffic Signal and
Intersection Modification Project; and
WHEREAS, the Consultant informed the City Engineer that these plans are
complete and that construction of the Project may begin; and
WHEREAS, the City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and the Project may
be constructed; and
WHEREAS, the City Council wishes to obtain the immunities set forth in
Government Code § 830.6 with regard to the plans and construction of the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
1. The design and plans for the Project are determined to be consistent with
the City’s standards and are approved.
2. The design approval set forth in this Resolution occurred before actual work
on the Project construction commenced.
3. The approval granted by this Resolution conforms with the City’s General
Plan.
4. The City Engineer, or designee, is authorized to act on the City’s behalf in
approving any alterations or modifications of the design and plans approved
by this Resolution.
5. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
6. For purposes of the Contract Documents administering the Project, the City
Council directs the City Manager, or designee, to establish a fund containing
6.6.a
Packet Pg. 78
2 CC Reso 2018-xx
sufficient monies from the current fiscal year budget to pay for the Project
(“Project Payment Account”). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract
Document administering the Project.
7. The City Clerk is directed to certify the adoption of this Resolution.
8. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 20th day of February, 2018.
________________________
Ruth M. Low, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2018-XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting
held on the 20th day of February, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
6.6.a
Packet Pg. 79
6.6.b
Packet Pg. 80
6.6.b
Packet Pg. 81
6.6.b
Packet Pg. 82
6.6.b
Packet Pg. 83
6.6.b
Packet Pg. 84
6.6.b
Packet Pg. 85
6.6.b
Packet Pg. 86
6.6.b
Packet Pg. 87
6.6.cPacket Pg. 88
6.6.cPacket Pg. 89
6.6.cPacket Pg. 90
Project Intersection
N
ATTACHMENT 2
6.6.d
Packet Pg. 91
Agenda #: 8.1
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FISCAL YEAR 2017/2018 MID-YEAR BUDGET REVIEW.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2018-XX amending the Fiscal Year 2017/2018 City Budget
revenue estimates and appropriations; and
B. Establish a new fund “CASP (SB1186) Fund” for the collection of the portion of
the business license fee that is earmarked for increasing disability access and
compliance with construction related accessibility requirements; and
C. Authorize the Parks & Recreation Director position to be filled.
FINANCIAL IMPACT:
The Fiscal Year (FY) 2017/2018 Mid-Year budget review proposes an overall decrease
in Estimated Revenue of $582,620 for all funds, and an overall decrease in
Appropriations of $1,156,837 for all funds, thereby reducing overall expenditures by
$574,217. The proposed revisions to the revenue and appropriations estimates are
included in Resolution No. 2018-XX; Exhibit A (Attachment 1), and are discussed
throughout the report as summarized below:
Fund Revenue Appropriations
General Fund ($12,228) ($79,767)
Special Revenue & Internal Services Funds $157,647 ($349,031)
Capital improvement Projects ($728,039) ($728,039)
Total ($582,620) ($1,156,837)
BACKGROUND:
The City Council adopted Resolution No. 2017-21 on June 6, 2017 approving the
FY17/18 Municipal Budget. The City Council has approved additional appropriations
8.1
Packet Pg. 92
and carry-over requests from FY 16/17 as they have occurred throughout the year. It is
City policy for staff and the City Council to periodically review the annual budget and
make any additional adjustments as deemed necessary. Staff has completed its mid -
year review of the FY 17/18 budget performance, revenue and expenditure trends, and
Capital Improvement Project status. Based on that review, a Resolution amending the
FY 17/18 City Budget is proposed for City Council consideration. In addition, it is
recommended that the Council also consider organizational enhancements as it
pertains the Parks and Recreation Department.
DISCUSSION:
The City’s current adjusted General Fund Budget for FY17 -18 shows anticipated
resources of $30,142,226. It is recommended that the resource estimate be decreased
by $198,750 to $29,943,476. The current approved General Fund appropriations
budget equals $29,933,842. It is recommended that this budget be decreased by
$79,767 to $29,854,075. In addition, the use of fund balance reserves is being reduced
by $186,522. This reduction is due to the reprogramming of special revenue funds in
place of General Fund reserves for various capital improvement projects offset by the
need to increase the subsidy to all three of the Lighting and Landscape Assessment
Districts due to higher irrigation costs. These recommended changes in the General
Fund estimated resources and appropriations will result in an estimated $18,014,37 8 in
General Fund reserves at the end of the fiscal year. The estimated balance in reserves
is up from $17,946,839 in the FY 2017-18 adjusted budget.
Current Budget Amendment Adjusted Budget
Resources
Annual Revenue $25,411,832 ($12,228)$25,399,604
Use of Fund Balance Reserve 4,730,394 (186,522) 4,543,872
Total Resources $30,142,226 ($198,750)$29,943,476
Total Appropriations 29,933,842 (79,767)29,854,075
Impact to Fund Balance $208,384 ($118,983)$89,401
Unreserved Fund Balance @ Beg of FY $22,468,849 $22,468,849
Less Uses of Unreserved Fund Bal (4,730,394)186,522 (4,543,872)
Estimated Unreserved Fund Bal @ End of FY $17,946,839 $67,539 $18,014,378
General Fund Revenues:
With the adoption of the FY17-18 Budget, careful consideration went into the
preparation of the revenue estimates. In preparation for the mid -year budget review,
staff spent a considerable amount of time examining the City’s revenue sources to
ensure valid revenue estimates based on current trends and activities. Property tax and
sales tax revenue, which are two of the main revenue sources for the City, are tracking
consistent with original estimates.
8.1
Packet Pg. 93
Below is a summary of proposed changes to the General Fund revenue estimates.
Revenue Source Amount Description
Other Taxes <$41,000> Reduction in estimated Franchise
Fees from Charter, Spectrum and
Frontier.
VLF – Property Tax In Lieu $20,585 Increase based on actual receipt in
January.
Fines & Forfeitures <$22,500> Reduction in Parking Fines, Impound
Fees and False Alarm Fees based on
collection activity.
Current Service Charges <$21,675> Increase based on additional Building
Permit Revenue ($174,498); offset by
reductions in Engineering activities
(<$140,000>) and Parks & Recreation
athletic program revenue (<$32,173>).
Use of Money & Property $85,000 Increase based on anticipated facility
rental activity at the DBC.
Cost Reimbursements $5,000 Increase based on actual collection
activity to date.
Transfer In – Gas Tax Fund <$37,638> Gas Tax revenue estimates were
reduced therefore the revenue
transferred from the Gas Tax Fund to
the General Fund which is used to pay
for street maintenance was also
reduced.
Use of General Fund
Reserves
<$186,522> As mentioned above, General Fund
reserves previously appropriated for
Capital Improvement Projects have
been replaced by Special Revenue
Funds (<$308,646>). This is offset by
the additional funds needed by the
LLAD’s ($122,124) primarily for
additional irrigation costs related to the
dry winter.
Total <$198,750>
General Fund Appropriations:
When the budget was adopted in June 2017 the General Fund appropriations totaled
$29,242,428 which included the use of Fund Balance reserves ($4,277,346), for
Economic Development, Capital Improvement Projects, professional services for a
possible ballot measure, the subsidy to the Lighting and Landscape Districts, a new
Finance system as well as a new Recreation system. Prior to these mid -year budget
amendments, the City Council had authorized carryovers and additional appropriations
in the amount of $691,414 for a total of $29,933,842.
8.1
Packet Pg. 94
The following are the highlights of the proposed changes in the General Fund
appropriations:
Department Amount Description
Finance $1,550 Higher than anticipated Property Tax
Administration Fees offset by savings in
training.
Information Systems $11,325 Increase based on additional costs for
toner and printer supplies and new ID
card stock with City logo.
Civic Center $15,000 Additional funds for the HVAC & boiler
maintenance.
Law Enforcement $32,000 The Growth Deputy will graduate to a full
cost deputy as of March 1, 2018.
Community Development $58,000 Based on increased building permit
activity (RKA costs) which is offset by an
increase in building permit revenue.
Parks & Recreation - DBC $21,698 Increases in various maintenance costs
including equipment, audio visual system,
electrical, plumbing & roofing services.
Contract security costs are also being
increased due to an increase in the hourly
rate and the number of events. This cost
is offset by an increase in DBC rental
revenue.
Public Works –
Engineering
<$116,818> This reduction is primarily due to
development projects will now be paid
from deposit accounts rather than the
Engineering operating budget.
Public Works – Parks &
Facilities
$64,000 Increase in utility costs is primarily related
to higher irrigation usage during the dry
winter.
Public Works – Landscape $20,000 Additional stump removal of diseased &
declining trees.
Transfers Out <$186,522> As mentioned above, General Fund
reserves previously appropriated for
Capital Improvement Projects have been
replaced by Special Revenue Funds
(<$308,646>). This is offset by the
additional funds needed by the LLAD’s
($122,124) primarily for additional
irrigation costs related to the dry winter.
Total <$79,767>
8.1
Packet Pg. 95
Special Revenue and Internal Service Funds:
This table summarizes the changes in revenue and expenditures for these funds.
Fund Revenue Expenditure Description
Measure R <$52,178> Savings on Area 5
construction (<$75,544>)
off set by reprogramming of
funds to Pathfinder Road
Rehab (West City Limit to
Peaceful Hills) ($23,366).
Gas Tax <$35,635> <$37,638> Reduction in Gas Tax
revenue and corresponding
reduction in the transfer out
to the General Fund.
Proposition A $180,000 Funding source change
from Prop C to Prop A for
the Adaptive Traffic Control
System.
Proposition C <$355,532> Reduction in the Transfer
Out to the CIP fund for
various funding source
changes.
MAP-21 <$225,000> Deferral of Arterial Street
Rehab (DBB) SR 60
Freeway to Sunset
Crossing project pending
completion of the Pavement
Management System
update.
Traffic Mitigation $17,417 Increase in the Transfer
Out to the CIP fund for
Pathfinder Road Rehab
($9,000). The balance is
for funding source changes.
SB821 Trails (TDA) $13,372 Carryover of prior year
revenue
MTA Grants $35,887 Carryover of prior year
revenue
Quimby $15,900 Increase in the Transfer
Out to the CIP fund for
Sycamore Canyon Park
Slope Erosion Repairs -
Design
CDBG $19,899 Carryover of prior year
revenue
COPS $10,000 Additional appropriation for
RING incentive program.
8.1
Packet Pg. 96
CASP (SB1186) $2,000 This newly created fund is a
transfer from the General
Fund per the State of CA
requirements. This is the
$4 fee collected with
business license
applications to help pay for
ADA accessibility within the
City.
LLAD’s $122,124 $85,000 Additional transfer in from
the General Fund and an
additional appropriation for
increased irrigation usage
Vehicle
Maintenance
$13,000 Additional appropriation for
vehicle maintenance for
both the Road and Parks &
Facility Maintenance
divisions and an increase in
fuel for the Parks &
Maintenance division.
Total $157,647 <$349,031>
Capital Improvement Fund
The appropriations in this fund have been decreased by $728,039. The related projects
are listed below:
Project Mid-Year Amendment Description
Arterial Street Rehab
(#24316)
<$51,840> Project Completed w/
Savings.
Area 5 Slurry (#01417) <$75,544> Project Completed w/
Savings.
Pathfinder Road Rehab
(#24416)
$9,000 Add’l appropriation
previously approved by
City Council.
Arterial Street Rehab
(DBB)
SR 60 Freeway to Sunset
Crossing (#24318)
<$650,000> Project deferred pending
completion of Pavement
Management System
update.
Traffic Sig Infrastructure
Upgrades YR3 Design
(#24017)
<$46,200> Design Complete; Balance
of available funds
transferred to construction
account.
Traffic Sig Infrastructure
Upgrades YR3
Construction (#24018)
$46,200 Funds transferred from
Design ($46,200)
Sycamore Canyon Park
Slope Erosion Repairs –
$15,900 Additional appropriation for
erosion control costs
8.1
Packet Pg. 97
Design (#25917) related to FEMA
reimbursement
requirements
Sycamore Canyon Park
Playground Clean Up
(#25918)
$24,445 New project – originally
part of Project #25917.
Due to FEMA requirements
this became a separate
project which is now
complete.
Total <$728,039>
Personnel Changes
The City’s organizational structure is very lean, and employees work to the limits of their
capacity to complete assigned work and take on new duties and additional projects. As
part of the adopted FY 16/17 budget, the City Council made the development and
maintenance of a professional and effective workforce to serve the public a priority. The
first steps towards implementing this objective commenced with the adoption of the FY
16-17 budget in June 2016, where a series of personnel changes were approved,
including the transfer of the parks and facilities maintenance staff and operations to the
Public Works Department. The centralization of maintenance staff and operations
necessitated the renaming of the Community Services Department to the Parks and
Recreation Department. With the retirement of the Community Services Director in late
June 2016, the position was reclassified to the Parks and Recreation Director with a
lower commensurate salary range to reflect the newly adjusted duties and
responsibilities. The Parks and Recreation Director position has remained vacant while
the Assistant City Manager has provided supervision and oversight of the department.
Since June 2016, the Parks and Recreation’s Department programming, operations and
staffing levels have been examined with an eye toward creating efficiencies and
enhancing service delivery to the public. The past 20 months of thoroughly reviewing
and examining the departmental staffing structures, operations, policies and procedures
was an important step in assisting the department in a smooth transition as it sets the
course for future programming. It is now an appropriate time to consider filling the
vacant Parks and Recreation Director position to provide focused leadership for the
department as the City continues to provide and grow quality community events,
recreational programming and increase activity at the Diamond Bar Center.
The Parks and Recreation Director classification and salary range was established by
City Council resolution during the FY 16/17 budget, but has remained unfunded in the
FY 17/18 budget. It is recommended that the City Council authorize the Parks &
Recreation Director position to be filled, with the intent to complete the recruitment
process during the balance of this fiscal year and to have the new Director on board
after July 1, 2018. There would be no fiscal impact this year. The anticipated annual
cost, including salary and benefits, is approximately $186,870 which would be
accommodated in the FY 18/19 budget.
8.1
Packet Pg. 98
PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.1.a RESOLUTION MID YEAR 17.18
2. 8.1.b MID YEAR EXHIBIT A
8.1
Packet Pg. 99
RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING THE
FISCAL YEAR 2017/2018 MUNICIPAL BUDGET.
WHEREAS, the City Council adopted Resolution No. 2017-21 approving and
adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1,
2017 and ending June 30, 2018 including maintenance and operations, special funds and
capital improvements and appropriating funds for accounts departments, divisions, object
and purposes therein set forth (herein referred to as the "Budget"); and
WHEREAS, the City Council may choose to amen d the Budget from time to time
throughout the fiscal year; and
WHEREAS, an Amendment to the Budget has been presented to the City Council
at a City Council meeting; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Council hereby approves amendments to the FY17-18
Municipal Budget as set forth in the attached Exhibit A.
Section 2. There are hereby appropriated for obligations and expenditures by the
City Manager the amounts shown on the attached Exhibit A. All obligations and
expenditures shall be incurred and made in the manner provided by the provisions of
State law and City ordinances and resolutions applicable to purchasing and contracting.
PASSED, ADOPTED AND APPROVED this 20th day of February, 2018.
_________________________
Ruth M. Low, Mayor
8.1.a
Packet Pg. 100
2
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 20th day of February, 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST: _______________________
Tommye Cribbins, City Clerk
8.1.a
Packet Pg. 101
Exhibit AFund # Fund Title FB Reserves @ 06/30/17 Revenues Transfers InMid-Year AdjustmentsTotal Resources Expenditures Transfers OutMid-Year Adjustments FB Reserves @ 06/30/18001 General Fund 22,468,849 24,213,898 1,197,934 (12,228) 47,868,453 24,135,420 5,798,422 (79,767) 18,014,378 011 Com Organization Support Fund - - 15,000 15,000 15,000 - 012 Law Enforcement Reserve Fund 1,017,944 13,000 - 1,030,944 - - 1,030,944 015 General Plan Revision Fund 685,638 10,000 33,007 728,645 707,784 - 20,861 018 Technology Reserve Fund 302,905 3,000 100,000 405,905 300,000 105,905 020 OPEB Reserve Fund 446,625 20,580 - 467,205 14,580 85,000 367,625 108 Road Maintenance & Rehab (RMRA) - 329,170 - 329,170 329,170 - 109 Measure M Fund - 672,576 672,576 672,576 - 110 Measure R Fund 680,953 666,812 - 1,347,765 1,337,000 (52,178) 62,943 111 Gas Tax Fund 2,423 1,273,396 - (35,635) 1,240,184 1,277,822 (37,638) - 112 Prop A - Transit Fund 466,011 2,143,982 2,609,993 1,907,360 144,814 180,000 377,819 113 Prop C - Transit Fund 678,660 887,398 1,566,058 562,665 963,080 (355,532) 395,845 114 MAP-21 Fund 363 8,324,859 8,325,222 8,363,575 (225,000) 186,647 115 Integrated Waste Mgt Fund 1,170,472 556,000 1,726,472 670,199 30,000 1,026,273 116 Traffic Mitigation Fund 1,000,504 176,562 1,177,066 - 853,225 17,417 306,424 117 Sewer Mitigation Fund 111,097 1,500 112,597 109,000 3,597 118 Air Quality Improvement Fd 184,074 73,000 257,074 10,000 237,515 9,559 119 SB821 Trails (TDA) - 37,000 13,372 50,372 50,372 - 120 MTA Grants Fund 33 3,477,094 35,887 3,513,014 3,513,014 - 121 Waste Hauler Fund 88,879 129,000 217,879 128,000 89,879 122 Park Fees (Quimby) Fd 496,567 2,500 499,067 368,670 15,900 114,497 123 Prop A - Safe Neighborhood Pks Fd - 35,000 35,000 35,000 - 124 Park & Facility Development Fd 75,804 2,000 - 77,804 55,000 22,804 125 Community Dev Block Grant Fd - 468,566 19,899 488,465 130,002 358,463 - 126 Citizens Option for Public Sfty Fd 222,456 102,400 324,856 11,500 114,434 10,000 188,922 128 CA Law Enforcement Eq Fund 21,187 250 21,437 10,000 11,437 129 CASP (SB1186) Fund - - - 2,000 2,000 - 2,000 135 PEG Fees Fund 252,471 103,000 355,471 80,000 - 275,471 138 Landscape Maint Dist - 38 - 272,145 157,154 45,416 474,715 454,715 20,000 - 139 Landscape Maint Dist - 39 66,810 295,236 33,257 38,024 433,327 383,327 50,000 - 141 Landscape Maint Dist - 41 - 122,157 111,839 38,684 272,680 257,680 15,000 - 160 Used Oil Grant 17,292 15,800 - 33,092 16,700 16,392 161 Beverage Recycling Grant 54,044 15,175 69,219 24,300 44,919 250 Capital Improvement Project Fd (290,141) 966,727 20,792,605 (728,039) 20,741,152 21,759,331 (728,039) (290,140) 370 Debt Service Fund 80 - 859,406 859,486 859,406 80 510 Self Insurance Fund 921,506 8,500 538,950 1,468,956 547,450 921,506 520 Vehicle Maint & Replacement Fund 665,858 8,000 - 673,858 331,083 13,000 329,775 530 Equipment Maint & Repl Fd 670,700 5,000 1,288,500 1,964,200 1,561,767 402,433 540 Building Facility & Maint Fund 435,578 18,000 453,578 9,700 100,000 343,878 620 OPEB Trust Fund 149,069 1,000 85,000 235,069 - - 235,069 Grand Totals33,064,711 45,450,283 25,212,652 (582,620) 103,145,026 54,459,969 25,224,152 (1,156,837) 24,617,742 City of Diamond BarFiscal Year 2017-2018 Mid-Year BudgetResources Uses8.1.bPacket Pg. 102
Exhibit A
Adopted Budget
Previous
Adjustments Current Budget
Mid Year
Amendment Adj Budget
Estimated Resources
Property Taxes 5,122,000 ‐ 5,122,000 ‐ 5,122,000
Other Taxes 7,802,100 ‐ 7,802,100 (41,000) 7,761,100
State Subventions 5,991,053 ‐ 5,991,053 20,585 6,011,638
From Other Agencies 225,000 ‐ 225,000 225,000
Fines & Forfeitures 438,000 ‐ 438,000 (22,500) 415,500
Current Services & Charges 3,212,195 ‐ 3,212,195 (21,675) 3,190,520
Use of Money & Property 1,320,150 ‐ 1,320,150 85,000 1,405,150
Cost Reimbursements 103,400 ‐ 103,400 5,000 108,400
Transfers‐In Other Funds 1,197,934 ‐ 1,197,934 (37,638) 1,160,296
Fund Balance Reserves 4,277,346 453,048 4,730,394 (186,522) 4,543,872
29,689,178 453,048 30,142,226 (198,750) 29,943,476
Appropriations
City Council 177,397 177,397 177,397
City Attorney 230,000 540,000 770,000 770,000
City Manager/City Clerk 1,537,707 (3,091) 1,534,616 1,534,616
Finance 757,905 757,905 1,550 759,455
Human Resources 408,675 8,500 417,175 417,175
Safety Program 27,500 (8,500) 19,000 19,000
Information Technology 1,207,340 16,242 1,223,582 11,325 1,234,907
Civic Center 534,561 483 535,044 15,000 550,044
Public Information 764,200 73,433 837,633 ‐ 837,633
Economic Development 361,835 (40,000) 321,835 321,835
Law Enforcement 6,659,593 6,659,593 32,000 6,691,593
Volunteer Patrol 6,000 6,000 6,000
Fire 15,000 15,000 15,000
Animal Control 174,500 174,500 174,500
Emergency Preparedness 72,700 2,000 74,700 74,700
Community Dev/Planning 672,775 672,775 (4,000) 668,775
Building & Safety 846,550 846,550 62,000 908,550
Neighborhood Improvement 325,070 325,070 325,070
Parks & Recreation Admin 8,040 8,040 8,040
Diamond Bar Center ‐ Ops 1,203,525 41,491 1,245,016 21,698 1,266,714
Recreation 2,068,043 329 2,068,372 ‐ 2,068,372
Public Works ‐ Admin 889,615 889,615 889,615
Engineering 904,480 48,881 953,361 (116,818) 836,543
Road Maintenance 1,859,930 1,859,930 1,859,930
Park & Facilities Maintenance 1,356,653 58,598 1,415,251 64,000 1,479,251
Landscape Maintenance 327,460 327,460 20,000 347,460
Transfer Out ‐ Other Funds 5,845,374 (46,952) 5,798,422 (186,522) 5,611,900
Total Appropriations 29,242,428 691,414 29,933,842 (79,767) 29,854,075
Excess Resources over Approp 446,750 (238,366) 208,384 (118,983) 89,401
Fund Bal Reserves @ Beg of Year 22,468,849 22,468,849 22,468,849
Available Resources 22,915,599 (238,366) 22,677,233 (118,983) 22,558,250
Uses of Fund Balance Reserves:
Economic Development 361,835 361,835 ‐ 361,835
Transfer Out ‐ CIP 2,783,261 (46,952) 2,736,309 (308,646) 2,427,663
Transfer Out ‐ LLADS 302,250 302,250 122,124 424,374
Professional Services ‐ Ballot Meas 130,000 130,000 130,000
Finance System 450,000 450,000 450,000
Recreation System 250,000 250,000 250,000
Special Counsel Legal Fees ‐ 500,000 500,000 500,000
4,277,346 453,048 4,730,394 (186,522) 4,543,872
Est Fund Bal Reserves @ 6/30/18 18,638,253 (691,414) 17,946,839 67,539 18,014,378
CITY OF DIAMOND BAR
FY 2017‐18
MID YEAR BUDGET AMENDMENT
GENERAL FUND
8.1.b
Packet Pg. 103
Exhibit A
Adopted Budget
Previous
Adjustments Current Budget
Mid Year
Amendment Adj Budget
Street Improvements
24414 Morning Canyon Parkway Improvements (DB Blvd to Stonepine) 330,100 (60,191) 269,909 ‐ 269,909
601832‐16 ADA ‐ Morning Canyon Parkway Improvements 225,000 ‐ 225,000 225,000
24316 Arterial Street Rehab & Drainage Improvement (Brea Canyon Cut‐off) 340,000 (6,525) 333,475 (51,840) 281,635
01417 Residential and Collector Street Rehab.‐ Area 5 (Const.) 1,700,000 ‐ 1,700,000 (75,544) 1,624,456
24416 Pathfinder Road Rehab (West City Limit to Peacefull Hills) 411,000 ‐ 411,000 9,000 420,000
24318 Arterial Street Rehab (Diamond Bar Blvd.) Fwy to Sunset Crossing 650,000 ‐ 650,000 (650,000) ‐
01418 Residential and Collector Street Rehab.‐ Area 6 (Design)60,000 ‐ 60,000 ‐ 60,000
3,716,100 (66,716) 3,649,384 (768,384) 2,881,000
Traffic Projects ‐ ‐
22316 Neighborhood Traffic Management Program (Crooked Creek & Armitos) 30,000 8,545 38,545 38,545
22318 Neighborhood Traffic Management Program 30,000 30,000 30,000
24914 Traffic Signal Infrastructure Upgrades‐YR 1 Design ‐ 40 40 40
24516 Traffic Signal Infrastructure Upgrades‐YR 2 Design 32,885 32,885 32,885
24517 Traffic Signal Infrastructure Upgrades‐YR 2 Const. 492,000 492,000 492,000
24017 Traffic Signal Infrastructure Upgrades‐YR 3 Design 75,000 35,000 110,000 (46,200) 63,800
24018 Traffic Signal Infrastructure Upgrades‐YR 3 Const. 199,265 199,265 46,200 245,465
24616 Adaptive Traffic Control System 1,700,000 (23,835) 1,676,165 1,676,165
24716 Copley/Golden Springs Drive Intersection Modification 170,000 39,045 209,045 ‐ 209,045
2,729,150 58,795 2,787,945 ‐ 2,787,945
Transportation Infrastructure Improvements
23313 Lemon Ave. Interchange Project ‐ ROW 806,956 83,286 890,242 890,242
23316 Lemon Ave. Interchange Project ‐ CON 9,449,997 9,449,997 9,449,997
10,256,953 83,286 10,340,239 ‐ 10,340,239
Miscellaneous PW Improvements
26016 Groundwater Drainage Improvements‐Phase 1(GSD@ Rancheria, BCR@Sa 225,000 225,000 225,000
26018 Groundwater Drainage Improvements‐Phase 2 (Hipass@ Castle Rock) 372,576 372,576 ‐ 372,576
25816 Server Room HVAC System ‐ 1,000 1,000 1,000
26116 Sewer System Evaluation & Capacity Assurance Plan 109,000 109,000 109,000
26516 City Entry Monuments (GSD/Calbourne & DBB/Temple) 425,525 (195) 425,330 425,330
26217 Diamond Bar Blvd. Streetscape (GSD ‐ 60FWY)‐Design 300,000 300,000 300,000
22818 Grand/GSD Intersection Enhancement 1,520,000 1,520,000 1,520,000
23318 Lemon Avenue Quiet Zone 110,000 ‐ 110,000 ‐ 110,000
3,062,101 805 3,062,906 ‐ 3,062,906
Facilities, Parks and Rec Improvements
25414 Design of Heritage/Peterson Park Improvements 80,000 80,000 80,000
25514 Construction of Steep Canyon Trail ‐ 119,087 119,087 119,087
25315 Design of Pantera Park Trail ‐ 19,733 19,733 19,733
25416 Construction of Pantera Park Trail ‐ 212,907 212,907 212,907
25116 Construct Longview Park South Improvements 144,560 37,610 182,170 182,170
601721‐15 ADA Improvements at Longview Park South 31,000 19,899 50,899 50,899
25517 Design of Canyon Loop Trail 50,000 50,000 50,000
25518 Construction of Canyon Loop Trail 485,000 485,000 485,000
25917 Sycamore Canyon Park Slope Erosion Repairs ‐ Design 50,000 56,500 106,500 15,900 122,400
25918 Sycamore Canyon Park Playground Clean Up ‐ ‐ 24,445 24,445
24917 Pantera Park Walkway Lighting Replacement‐ Redesign 30,000 30,000 30,000
601866‐17 Playground Surfacing Replacement and ADA Improvements @ Starshine P 82,564 82,564 82,564
25818 HVAC Replacement for City Hall 400,000 400,000 400,000
25618 DBC Roof Rehabilitation (Phase II‐Section F&I)100,000 ‐ 100,000 ‐ 100,000
1,453,124 465,736 1,918,860 40,345 1,959,205
21,217,428 541,906 21,759,334 (728,039) 21,031,295
CITY OF DIAMOND BAR
FY 2017‐18
MID YEAR BUDGET AMENDMENT
CAPITAL IMPROVEMENT PROJECTS
8.1.b
Packet Pg. 104
Agenda #: 8.2
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE XX(2018) OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR RE-AUTHORIZING A PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL (PEG) ACCESS FEE BY ADDING SECTION
13.12.1325 TO THE DIAMOND BAR MUNICIPAL CODE.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce for first reading by title only, waive full reading of Ordinance No. XX (2018),
and schedule the second reading and adoption at th e next regularly scheduled City
Council meeting.
FINANCIAL IMPACT:
Under the current terms of the state-issued video franchises, the City receives Public,
Educational, and Governmental (PEG) access fees from various video service providers
in the amount of 1% of provider gross revenues, or approximately $100,000 annually.
These funds may be used for capital equipment expenditures related to public television
broadcasting outlets.
BACKGROUND:
In September 2006, the Digital Infrastructure and Video Competition Act (DIVCA - AB
2987) was passed by the state legislature, transferring franchising authority of video
service from local agencies to the state. Under the terms of the state franchises, cities
retained the authority to collect PEG access fees from video service providers offering
services locally. Diamond Bar has collected PEG access fees prior to and after the
passage of DIVCA – AB 2987, using the proceeds to fund equipment required to
operate and broadcast the City’s public access channel DBtv. Notable DBtv
programming includes City Council meetings, and recorded City events such as
Concerts in the Park and Business of the Month recognitions. DBtv is among the City’s
most effective communications platforms to distribute timely information to residents.
8.2
Packet Pg. 105
DISCUSSION & ANALYSIS:
Some providers, such as Charter Communication, have interpreted that Public Utilities
Code § 5870 requires that a PEG access fee ordinance be in place for the City to
continue collecting annual payments. To resolve any ambiguities, the City Attorney has
drafted the proposed Ordinance, adding Section 13.12.1325 to the Diamond Bar
Municipal Code and continuing the City’s long-term practice of collecting PEG access
fees from all video providers operating in Diamond Bar.
LEGAL REVIEW:
The City Attorney has reviewed and approved the proposed Ordinance.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.2.a PEG Ordinance XX(2018)
8.2
Packet Pg. 106
1
ORDINANCE NO. XX (2018)
AN ORDI N ANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR RE-AUTHORIZING A
PUBLIC, EDUCATION AL , AND GOVERNMENT AL
(PEG) ACCESS FEE.
WHEREAS , the City has adopted a fee equal to one percent (1%) of the
gross revenues of a state vide o franchise holder to support the City’s public,
educational, and governmental (“PEG”) channel facilities (hereafter, the “PEG
Ordinance”); and
WHEREAS , Charter Communication’s existing state franchise was renewed
on January 2, 2018 ; and
WHEREAS , Charter Communications believes that State law requires the
City to re -authorize its PEG Ordinance by February 28, 2018, in order for it to
continue to collect the PEG fee; and
WHEREAS, State law authorizing collection of the PEG fee is not clear as to
whether the City must re-authorize the PEG Ordinance as contended by Charter
Communications; and
WHEREAS, The City Council desires to re-authorize and codify the authorization
and requirement to collect PEG fees to resolve any ambiguities.
NOW THEREFORE, the City Co uncil of the City of Diamond Bar does
hereby ordain as follows:
Section 1. Section 13.12.1325 is hereby added to the Diamond Bar Municipal Code
to read as follows:
"Section 13.12.1325 - Fee for Support of PEG Access Facilities and Activities.
(a) A fee paid to the City is hereby established for the support of public,
educational, and governmental (PEG) access facilities and activities within
the City, which fee shall be paid by any new City-franchised cable operator
and by state video franchise holders operating within the City. Unless a higher
percentage is authorized by applicable state or federal law, this PEG fee shall
be one percent (1%) of a franchisee's gross revenues derived from the
provision of video services within the City. The term gross revenues shall be
defined as set forth in California Public Utilities Code Section 5860.
(b) The PEG fee established by this section shall be remitted quarterly to the
City's Finance Director and must be received not later than ninety (90) days
after the end of the preceding calendar quarter. The fee payment shall be
8.2.a
Packet Pg. 107
2
accompanied by a summary that describes all sources of the gross revenues
upon which the fee is based, which summary must be verified by a
responsible financial officer or employee of the video service provider."
Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same, or the summary thereof, to be published and posted within
fifteen (15) days after this Ordinance is passed and adopted in the Office of the City
Clerk and two additional places, together with the vote for and against the same.
ADOPTED this ___ day of ________, 2018.
Ruth M. Low, Mayor
I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certif y
that the foregoing Ordinance was introduced at a regular meeting of the City Council of
the City of Diamond Bar, California, held on the day of _____________, 2018, and
was finally passed at a regular meeting of the City Council of the City of Dia mond Bar,
held on the ___ day of _____________, 2018, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST: _________________________
Tommye Cribbins, City Clerk
8.2.a
Packet Pg. 108
Agenda #: 8.3
Meeting Date: February 20, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL APPOINTMENT OF PARKS AND RECREATION,
PLANNING, AND TRAFFIC AND TRANSPORTATION
COMMISSIONERS.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Ratify Council Appointments.
FINANCIAL IMPACT:
None.
BACKGROUND & DISCUSSION:
The City of Diamond Bar has three standing Commissions: Parks and Recreation
Commission, Planning Commission, and Traffic and Transportation Commission . The
Commissions serve in an advisory capacity to the City Council. Each Council Member is
authorized to appoint one individual per Commission to serve a two-year term. At the
end of each Commission term, Council Members may choose to reappoint standing
Commissioners or choose new appointees.
February 28, 2018 marks the end of the current term. At this time, it is appropriate for
the City Council to make their Commission appointments for the next two years through
February 2020.
The City promoted the Commission appointment process for four weeks, distributing
information through a press release, the City’s website and social media outlets, Council
meeting announcements, and DBtv. Interested individuals were required to submit
applications to the City Clerk by the February 7, 2018 deadline. All applications
received by the deadline were forwarded to each Council Member for consideration in
making their appointments.
8.3
Packet Pg. 109
The Commission appointments from each of the Council Members are as follows:
Mayor Ruth M. Low
Manisha Sulakhe Parks and Recreation Commission
Frank Farago Planning Commission
Dr. Cynthia Quan Traffic and Transportation Commission
Mayor Pro Tem Carol Herrera
Benny Liang Parks and Recreation Commission
Jennifer “Fred” Mahlke Planning Commission
Michael Gonzalez Traffic and Transportation Commission
Council Member Jimmy Lin
Kim Hsieh Parks and Recreation Commission
Raymond W. Wolfe Planning Commission
Lisa Washington, Esq. Traffic and Transportation Commission
Council Member Nancy Lyons
Andrew Chou Parks and Recreation Commission
Ken Mok Planning Commission
Mahendra Garg Traffic and Transportation Commission
Council Member Steve Tye
Tommy Orona Parks and Recreation Commission
Naila Barlas Planning Commission
Surendra P. Mehta Traffic and Transportation Commission
PREPARED BY:
REVIEWED BY:
8.3
Packet Pg. 110