HomeMy WebLinkAbout030618 - Agenda - Regular Meeting
City Council Agenda
Tuesday, March 6, 2018
Closed Session – 5:00 p.m., Room – CC-8
Study Session – 5:30 p.m., Room CC-8
Regular Meeting - 6:30 p.m.
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, mem bers 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
March 06, 2018
Next Resolution No. 2018-09
Next Ordinance No. 02(2018)
CLOSED SESSION: 5:00 p.m, Room CC-8
PUBLIC COMMENTS 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.
STUDY SESSION: 5:30 p.m., Room CC-8
DISCUSSION OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
ACT PROCEDURES.
PUBLIC COMMENTS:
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor Joseph Lo,
Gateway Friends Church
MARCH 6, 2018 PAGE 2
ROLL CALL: Lin, Lyons,Tye, Mayor Pro Tem
Herrera, Mayor Low
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tiles to Outgoing Parks and Recreation
Commissioner David Grundy and Lew Herndon; and, Traffic and
Transportation Commissioner Edward Pechy.
1.2 Presentation of Certificate Plaque to Chipotle Mexican Grill, 235 S.
Diamond Bar Boulevard, Suite B as New Business of the month for
March, 2018.
1.3 Lemon Avenue Freeway Interchange Project Update, by Paul Hubler,
Director of Government and Community Relations with the Alameda
Corridor-East Construction Authority (ACE).
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 Co uncil
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting – March 8, 2018 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Household Hazardous & E-Waste Recycling Roundup - March 10,
2018 – 9:00 a.m. – 3:00 p.m., Gateway Corporate Center, 1300 Block
of Bridge Gate Drive.
MARCH 6, 2018 PAGE 3
5.3 Planning Commission Meeting – March 13, 2018 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive. (Cancelled).
5.4 City Council Meeting – March 20, 2018 – 6:30 p.m.,
AQMD/Government Center, 21865 Copley Drive. (Cancelled).
5.5 Parks and Recreation Commission Minutes – March 22, 2018 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.6 Planning Commission Meeting – March 27, 2018 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.7 Mayor’s State of the City Address – March 28, 2018 – 6:00 p.m., -
Diamond Bar Center, 1600 Grand Avenue.
5.8 Easter Egg Hunt – Saturday, March 31, 2018 10:00 a.m., Pantera
Park, 738 Pantera Drive.
5.9 City Council Meeting – April 3, 2018 – 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.10 General Plan Advisory Committee Meeting – April 19, 2018 – 6:30
p.m., Windmill Community Room, 21810 Copley Drive.
6. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 APPROVAL OF CITY COUNCIL MEETING MINUTES.
6.1.a Meeting Minutes of February 20, 2018.
Recommended Action: Approve.
Requested by: City Clerk
6.2 PARKS AND RECREATION COMMISSION MINUTES.
6.2.a Regular Meeting Minutes of January 25, 2018.
Recommended Action: Receive and file.
Requested by: Parks & Recreation Department
MARCH 6, 2018 PAGE 4
6.3 RATIFICATION OF CHECK REGISTER DATED FEBRUARY 16, 2018
THROUGH FEBRUARY 28, 2018 TOTALING $667,757.73.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 TREASURER'S STATEMENT FOR JANUARY 2018
Recommended Action: Approve.
Requested by: Finance Department
6.5 SEVENTH AMENDMENT TO TREE MAINTENANCE SERVICES
AGREEMENT WITH WEST COAST ARBORISTS IN THE AMOUNT OF
$20,000.
Recommended Action: Approve, and authorize the Mayor to sign, the
Seventh Amendment to Tree Maintenance Services Agreement with West
Coast Arborists, in the amount of $20,000 for a total fiscal year
authorization not-to-exceed $313,460.
Requested by: Public Works Department
6.6 ORDINANCE 01 (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: Adopt Ordinance 01 (2018): An Ordinance 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.
Requested by: City Manager
6.7 VARIOUS AGREEMENTS W ITH THE CITY OF INDUSTRY (INDUSTRY),
THE SUCCESSOR AGENCY TO THE INDUSTRY URBAN-
DEVELOPMENT AGENCY (SUCCESSOR AGENCY), THE STATE OF
CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION
(CALTRANS) AND THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (METRO) FOR THE CONSTRUCTION
OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE
ROUTE 60 (SR-60)
Recommended Action:
A. Approve, and authorize the Mayor to sign, the Call for Projects
Proposition C Funding Agreement between the City of Industry (Industry)
and the Los Angeles County Metropolitan Transportation Authority (Metro)
with the City of Diamond Bar as a participating party, for the new freeway
MARCH 6, 2018 PAGE 5
interchange at Lemon Avenue on State Route 60 (SR 60).
B. Approve, and authorize the Mayor to sign, the First Amendment to the
Memorandum of Understanding with Industry for the construction of a new
freeway interchange at Lemon Avenue and SR 60.
C. Approve, and authorize the Mayor to sign, Amendment No. 1 to the
Cooperative Agreement to Advertise, Award, and Administer (AAA) the
construction of the new freeway interchange at Lemon Ave nue on SR 60
with the Successor Agency to the Industry Urban-Development Agency
(Successor Agency) and Caltrans.
Requested by: Public Works Department
6.8 ADJOURNING THE MARCH 6, 2018 CITY COUNCIL MEETING TO
APRIL 3, 2018.
Recommended Action: That the Mayor adjourn the March 6, 2018 City
Council Meeting to April 3, 2018.
Requested by: City Manager
7. PUBLIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION:
8.1 AGREEMENT WITH RING, INC. TO PROVIDE A HOME SECURITY
GRANT PROGRAM.
Recommended Action: Approve, and authorize the City Manager to sign,
the Agreement with Ring, Inc.
Requested by: City Manager
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
This evening’s meeting will be adjourned in memory of Dianne Forbing, a long time
resident, past Editor of the Windmill and wife of former Mayor John Forbing.
Agenda #: 1
Meeting Date: March 6, 2018
CITY COUNCIL STUDY S ESSION REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DISCUSSION OF UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT PROCEDURES.
The procurement of public projects is governed by the Public Contract Code (Sections
22000 et seq.). This requires any public project over $5,000 in value to go through a
formal competitive bid process, regardless of whether it is to replace or painting of an
existing fence, or construct a multi-million dollar road. While the formal b id process
works well for large public projects, it creates challenges for smaller-valued projects.
Few contractors will take the time to prepare a formal bid proposal and submit the
necessary bid bonds (typically 10% of the bid amount) for those small projects.
In 1983 the State of California enacted the Uniform Public Construction Cost Accounting
Act (Act) (Public Contract Code Sections 22030 et seq.) which provides alternative
bidding procedures making the process more efficient and streamlined in the selection
of contractors to perform public projects. The Act is a voluntary program available to
California public agencies. To date, the City of Diamond Bar has not elected to utilize
the streamlined provisions of the Act.
The State Controller’s website reports that there are currently 1,104 public agencies
participating in the Act, including 230 California cities. Many participants laude the
program because it provides additional flexibility for public works contracting, as well as
speeding up the process to award construction contracts. Additional benefits also
include improved timeliness of project completions, and has eliminated the cumbersome
paperwork relative to advertising. Participating cities in the surrounding area include:
Azusa, Baldwin Park, Brea, Chino Hills, Claremont, El Monte, La Verne, San Gabriel,
San Marino, Walnut and West Covina.
The Act presents an opportunity for the more efficient procurement of public works
projects, without sacrificing accountability, transparency or competitive pricing. The
procedures are designed to allow agencies to streamline the bidding and award of
contract procedures. Implementation of the Act in the City of Diamond Bar would
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provide the ability of the public works staff to more efficiently and effect ively deliver high
quality projects to the community.
Should the City Council desire to implement the Act, staff would need to prepare the
necessary ordinance and resolution for consideration at a future City Council meeting.
The intent would be to amend the City’s Purchasing Ordinance (Diamond Bar Municipal
Code Chapter 3.24) by separating out and creating a new Chapter 3.25 for Public
Projects. The remaining provisions of the Purchasing Ordinance (Chapter 3.24) would
be revised and reorganized to address only the purchase of supplies, services, personal
property, equipment and professional services.
In summary, implementation of the Act would allow public projects with a value of less
than $175,000 to utilize an “informal” bid process and the awar d of contract can be
approved administratively. Public projects less than $45,000 could be completed by the
City’s workforce. No project would be approved administratively without the proper
appropriation in the budget as approved by the City Council. P ublic projects over
$175,000 would continue to utilize the formal bid process and be approved by the City
Council. The following table highlights the primary differences between the current and
proposed processes for public projects under the Act.
PUBLIC CONTRACT CODE VS THE ACT
Existing Public Contract Code
Proposed Uniform Public Cost
Accounting Act
Projects
Classifications
Painting classified as Public
Project
Minor repainting excluded as public
project
Improvement or repair of public
buildings
Excludes maintenance work (routine,
recurring, and usual work for the
preservation or protection of any
public owned or operated facility).
Informal Bid
threshold None
Creates threshold for informal bidding
for projects between $45,000-
$175,000
Formal Bid Limit
$ threshold
Public Projects exceeding $5,000
Public Projects Exceeding $175,000
Bid Bonds
Required For projects exceeding $5,000 For projects above $175,000
Sealed Bids and
Public Opening For projects exceeding $5,000 For projects above $175,000
Advertising 10 days before bid due date For projects above $175,000
Authority to
award projects
City Council
Above $175,000- City Council
$45,000-175,000
City Manager
Below $45,000:
City Manager/Public Works Director
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The following briefly highlights the differences between the formal and informal biding
processes:
It is requested that the City Council provide direction whether or not to further consider
implementation of the Uniform Public Construction Cost Accounting Act for the City of
Diamond Bar.
Prepared by:
Alfa Lopez, Sr. Management Analyst
Reviewed by:
Informal Bids Formal Bids
Required Notice 10 calendar days before
bid due date
14 day advertisement in
newspaper
Bid Opening
No sealed bids Sealed bids
Plans & Specs General Description Formal plans/specs
Contractor List Yes Yes
Construction trade
journals
Yes-10 days before bid
due date
15 days prior to bid
opening
Adoption of plans,
specifications
Public Works Director/City
Engineer
City Council
Contract Award Lowest Responsible Bidder Lowest Responsible
Bidder
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Agenda #: 6.1
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES.
RECOMMENDATION:
Approve.
PREPARED BY:
Attachments:
1. 6.1.a Meeting Minutes of February 20, 2018.
6.1
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 20, 2018
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: Pastor Mark Hopper, Evangelical Free Church of
Diamond Bar provided the invocation.
ROLL CALL: Council Members Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Absent: Councilmember Lin was excused.
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desfores, IS Director; David Liu, Public Works
Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development
Director; Anthony Santos, Assistant to City Manager; Amy Haug, Human
Resources/Risk Manager; Marsha Roa, Public Information Manager; Dannette Allen,
Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye
Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, announced that the library will host
a jewelry making workshop on Saturday, February 24 th at 3:00 p.m. with all
supplies provided. Teens are invited to explore engineering design and
structures with marshmallows, spaghetti and potato chips at the Edib le STEM
Challenge on Tuesday, February 27th at 3:30 p.m. Join John Christopher for a
funny and mind-blowing Reading is the Ticket Magic Show to celebrate Read
Across America Day on Thursday, March 1st at 6:30 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/
4. RESPONSE TO PUBLIC COMMENTS: None
6.1.a
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FEBRUARY 20, 2018 PAGE 2 CITY COUNCIL
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. (Canceled).
5.3 City Council Meeting – March 6, 2018 – 6:30 p.m., AQMD/Government
Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, C/Lyons seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
6.1 APPROVED CITY COUNCIL MINUTES:
6.1a Regular Meeting of February 6, 2018 – as presented
6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES:
6.2a Regular Meeting of January 23, 2018.
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MEETING MINUTES:
6.3a Regular Meeting of January 11, 2018.
6.4 RATIFIED CHECK REGISTER DATED FEBRUARY 1, 2018 THROUGH
FEBRUARY 15, 2018 TOTALING $1,755,463.59.
6.5 APPROVED SIXTH AMENDMENT TO STREET MAINTENANCE
SERVICES AGREEMENT WITH MCE CORPORATION IN THE AMOUNT
OF $112,580.99 FOR A TOTAL FISCAL YEAR AUTHORIZATION NOT-
TO-EXCEED AMOUNT OF $278,180.99.
6.6 APPROVED DESIGN AND PLANS AND AWARDED CONSTRUCTION
CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC., FOR
THE COPLEY DRIVE AND GOLDEN SPRINGS DRIVE TRAFFIC
SIGNAL MODIFICATION PROJECT:
6.1.a
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FEBRUARY 20, 2018 PAGE 3 CITY COUNCIL
a) ADOPTED RESOLUTION NO. 2018-07 APPROVING THE
DESIGN AND PLANS, AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT FOR THE COPLEY DRIVE AND GOLDEN SPRINGS DRIVE
TRAFFIC SIGNAL AND INTERSECTION MODIFICATION PROJECT;
AND,
b) APPROVED AND AUTHORIZED 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 IN THE AMOUNT OF $152,318.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 FISCAL YEAR 2017 - 2018 MID-YEAR BUDGET REVIEW.
FD/Honeywell stated that on June 6th, 2017, the City Council adopted the
FY 2017-18 Municipal Budget with additional appropriations and
carryovers during the past few months. Tonight’s review includ es Budget
Performance, Revenue Projections, Expenditure Trends, and Capital
Improvement Project Status.
There is an overall decrease in the Estimated Resources in the amount of
$582,620, the majority of which is related to the CIP budget and deferral of
the Arterial Street Rehabilitation Project on Diamond Bar Boulevard from
the freeway to Sunset Crossing Road, which has been delayed pending
results of the Pavement Management System results. There is an overall
decrease in Appropriations in the amount of $1,156,837 for all funds.
General Fund Resources have been decreased in the amount of
$198,750, a decrease of $12,228 net of the use of reserves. The use of
reserves is down due to the reduction in the transfer -out to the CIP budget
offset by an increase in the amount required for the Lighting and
Landscape Districts for increased water usuage during the dry winter.
General Fund Appropriations are down $79,767. The net effect of these
amendments means the General Fund Reserves will be increased to
$18,014,378.
The Special Revenue and Internal Services Fund changes include the
following: The deferral of the CIP project and many funding source
changes meant that the CIP projects were funded with Special Revenue
Funds instead of General Fund Reserves. Again, the majority of the
revenue changes is due to the transfer of $122,000 into the Lighting and
Landscape District. The Capital Improvement Fund is decreasing by
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FEBRUARY 20, 2018 PAGE 4 CITY COUNCIL
$728,000 due to project savings including deferral of the project , pending
completion of the Pavement Management System review as well as,
additional appropriations for the Sycamore Canyon Park area.
During Fiscal Year 2016-17 there was centralization of the maintenance
staff from Community Services to Public Works and as such, Community
Services became known as Parks and Recreation. The Parks and
Recreation Director position has remained vacant with the Assistant City
Manager providing interim supervision and oversight. Staff is
recommending that Council consider filling the Parks and Recreation
Director position. The intent is to have the Director on board after July 1,
2018 and the anticipated annual cost including salary and benefits is
$186,870. There will be no fiscal impact in 2018 and staff is requesting
the authorization in order to commence recruitment for the position.
Staff recommends that the City Council adopt Resolution 2018-08
amending the Fiscal Year 2017-18 City Budget and establish the CASP
Fund, (Certified Access Specialist Program) a new 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, that the City Council authorize the Parks and
Recreation Director position to be filled.
C/Tye asked if the recruitment would be in-house for the position of Parks
and Recreation Director.
CM/Fox responded that the recruitment for this position will be done by
HR staff.
M/Low asked whether the requested budget is at the level staff expects to
fill the position or is at the highest level of the position.
CM/Fox explained that the budget amount is at the mid-point of the salary
range, which staff would anticipate the position to be filled at.
M/Low asked about the substantial expenditure for legal fees and asked if
that was reflected in the adjustment.
FD/Honeywell responded that the adjustment is reflected in the
“Amended” column in Exhibit A, Page 2 under Previous Adjustment
column which can be found under “Special Council Legal Fees” showing
the amount of $500,000.
CM/Fox indicated the City would be that much better off had it not incurred
those expenses.
6.1.a
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FEBRUARY 20, 2018 PAGE 5 CITY COUNCIL
M/Low asked how the decrease in both the gas tax revenues and
appropriations came about.
FD/Honeywell explained that staff received updated revenue projections
which were allocated to CIP projects and back to the General Fund to help
pay for road maintenance, street sweeping, etc. This means that the
amount of money to be transferred back into the General Fund to cover
those costs would be reduced.
MPT/Herrera moved, C/Tye seconded, to a) Adopt Resolution No. 2018-
08 amending the fiscal year 2017-18 city budget revenue estimates and
appropriations; 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 and Recreation
Director position to be filled.
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
8.2 ORDINANCE OX(2018) OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR REAUTHORIZING A PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL (PEG) ACCESS FEE BY ADDING SECTION
13.12.1325 TO THE DIAMOND BAR MUNICIPAL CODE.
AtoCM/Santos presented staff’s report explaining that under the current
state-issued video franchise, the City receives PEG Access Fees from
various video service providers. The revenue is one (1) percent of a video
franchise operator’s revenue and the City currently receives approxi mately
$100,000 annually in PEG Access Fees. These funds may be used for
capital equipment expenditures related to Public Television Broadcasting
otherwise known as DBTV in Diamond Bar. Notable DBTV programming
includes City Council meetings (livestreaming), recorded City events such
as Concerts in the Park, and Business of the Month to name a few.
Earlier this year the City was notified that Charter’s existing franchise was
renewed. Their interpretation is, that for a City to continue receiving PEG
revenue, a new ordinance is required to be adopted. In order to eliminate
any ambiguity and to ensure continuation of this vital PEG revenue the
ordinance would add Section 13.12.1325 to the Diamond Bar Municipal
Code re-establishing the one percent PEG Access Fee. A revised version
of the ordinance that includes a new Section 2 and 3 has been placed at
the dais.
6.1.a
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FEBRUARY 20, 2018 PAGE 6 CITY COUNCIL
Section 2 includes an effective date for this ordinance of January 1, 2018
to make the ordinance retroactive to the beginning of this year. Section 3
includes a severability clause should any provisions of this item be held
invalid.
Staff recommends that Ordinance No. XX (2018) be introduced for first
reading by title only, waive full reading, and schedule the second reading
and adoption at the next regularly scheduled City Council meeting.
C/Tye asked if this ordinance was presented at the request of Charter
in order for the City to receive these PEG fees and, if they had not
brought it to the City’s attention would it not be doing so; and, if that is the
case, is staff in agreement with Charter.
CA/DeBerry stated that the way the state legislation reads, it is unclear as
to whether or not there needs to be a re -validation if PEG fees are over
one percent or if PEG fees are charged at all. He has interpreted the
statute to read that if the City’s PEG fee is in excess of one percent the
City has to re-validate. Some cable companies including Charter have
read it to mean that if the City is charging any PEG fees at all it must re -
validate the ordinance. It is a difference of opinion in interpretation of the
statute so out of caution it is proposed that the City will re-validate its PEG
fees.
C/Lyons wondered how much money is involved .
CM/Fox indicated that the City receives about $100,000 annually from the
three different franchise providers.
C/Lyons asked if this ordinance would increase the amount.
CM/Fox responded no, it is currently the amount paid and has been part of
the existing franchise agreements. Now with each city’s franchise
agreements going away and being replaced by a master state franchise
agreement, cities now have to re-up to continue receiving what the City
has been receiving.
C/Lyons moved, MPT/Herrera seconded, to introduce for First Reading by
title only, waive full reading of Ordinance No. XX (2018) and schedule the
second reading and adoption for the March 6, 2018 City Council meeting.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
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8.3 CITY COUNCIL APPOINTMENT OF PARKS AND RECREATION,
PLANNING, AND TRAFFIC AND TRANSPORTATION
COMMISSIONERS.
Council Member Steve Tye appointed:
Tommy Orona, Parks and Recreation Commission (new)
Naila Barlas. Planning Commission (reappointment)
Surendra P. Mehta, Traffic and Transportation Commission
(reappointment)
Mayor Pro Tem Carol Herrera appointed:
Benny Liang, Parks and Recreation Commission (reappointment)
Jennifer “Fred” Mahlke, Planning Commission (reappointment)
Michael Gonzalez, Traffic and Transportation Commission (new)
Council Member Nancy Lyons appointed:
Andrew Chou, Parks and Recreation Commission (new)
Ken Mok Planning Commission (reappointment)
Mahendra Garg Traffic and Transportation Commission (reappointment)
Council Member Jimmy Lin appointed:
Kim Hsieh, Parks and Recreation Commission (reappointment)
Raymond W. Wolfe, Planning Commission (reappointment)
Lisa Washington, Esq. Traffic and Transportation Commission
(reappointment)
Mayor Ruth M. Low appointed:
Manisha Sulakhe, Parks and Recreation Commission (reappointment)
Frank Farago, Planning Commission (reappointment)
Dr. Cynthia Quan, Traffic and Transportation Commission (reappointment)
MPT/Herrera moved, C/Lyons seconded, to ratify the aforementioned
Council appointments. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Lin
M/Low congratulated the appointees and thanked all applicants for their
willingness to serve the community.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye said that a couple of weeks ago a truck pulled off of the freeway and found
that one of his hydrogen tanks was on fire and within minutes Hazmat, LA
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FEBRUARY 20, 2018 PAGE 8 CITY COUNCIL
County Fire, Sheriff’s, Diamond Bar personnel, Channel 9, Channel 4 and all of
the networks were on the scene. He received notifications from the City’s
emergency broadcast system at work, at home and on his cellphone. PIM/Roa,
ACM/McLean, AtoCM/Santos and CM/Fox were at City Hall at 3:00 a.m. taking
care of this problem. Honestly, one just does not find s uch dedication and he
believes that most people take whatever happens in Diamond Bar for granted.
He thanked staff very much for a job well done and for a crisis averted.
Tomorrow evening at the Diamond Bar Center from 6:30 to 8:30 p.m. there will
be people speaking about public safety. This will be the seventh session in a
series of seven which have made it around town through different venues. He
encouraged anyone who is interested to participate in the session and share their
concerns. Those in attendance will have an opportunity to speak to all of the
City’s Public Safety officials. He hoped that the Council would have an
opportunity to recognize outgoing Commissioners with a City Tile at some point
in the future.
CM/Fox responded to C/Tye that staff plans to bring the matter of recognizing
outgoing Commissioners to the City Council on March 6th.
C/Tye congratulated those willing to serve on Commissions, both new and
returning Commissioners, whose volunteerism and efforts make Diamond Bar a
better community.
MPT/Herrera due to a bad cold did not speak but said she was in agreement with
C/Tye’s comments.
C/Lyons also dittoed C/Tye’s well put comments about staff’s response to the
hydrogen explosion. On February 9th she was pleased to represent the Council
at the Grand Reopening of the YMCA on Sunset Crossing Road. The facility has
been completely remodeled, freshly painted and boasts new computers and
carpeting. Those looking for pre-school or childcare facilities should check it out.
Last Saturday she and M/Low attended the festivities at the New Year’s
Celebration for the Diamond Bar Chinese American Association where they
enjoyed children dancing, dragon dance, food and games. As always, it was
very festive. She expressed her gratitude to retiring Parks and Recreation
Commissioner Dave Grundy and congratulated long time Diamond Bar residents
Bonnie and Richard Kirchner on the occasion of their 50th Wedding Anniversary.
M/Low said that in addition to those mentioned by C/Tye, the Red Cross was
also on the scene of the explosion. ACM/McLean was not only on scene, but
was at the gym talking to residents who had been evacuated to that location. It
was an excellent effort by all of those involved and it shows how Diamond Bar
goes above and beyond and how well the residents a re served. Thanks to City
staff for their hard work. The DBCAA New Year Festival at Diamond Bar High
School was a lot of fun with the dragon dancing, singing, songs, drumming and
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lots of good food. The association works throughout the year and provides
Chinese language courses for children. Anyone who is interested in learning to
speak or teach Chinese might want to get involved with this group which has a lot
of fun. Last week she and C/Lyons also attended a very successful fundraiser
hosted by the Diamond Bar Women’s Club. Thank you to all of the members
who helped make it a successful event and for the scholarships they provide.
She reminded parents who drive by schools on their way to work or to drop off a
child, there are a lot of kids and that drivers should please slow down and pay
attention to what is going on around them and not expect kids to be aware of the
vehicles. The kids run across the street or may jaywalk and not follow the signs
and most likely will not be watching out for drivers, so don’t block crosswalks and
don’t pass other cars that are stopped and don’t double park. Most of all, please
be considerate to and of other drivers.
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 7:09 p.m. in Memory of Assistant Superintendent
Kenneth Goodson of the Walnut Valley Unified School District.
_____________________________________
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2018.
RUTH LOW , MAYOR
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Agenda #: 6.2
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PARKS AND RECREATION COMMISSION MINUTES.
RECOMMENDATION:
Receive and file.
PREPARED BY:
Attachments:
1. 6.2.a Regular Meeting Minutes of January 25, 2018.
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Agenda #: 6.3
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED FEBRUARY 16, 2018
THROUGH FEBRUARY 28, 2018 TOTALING $667,757.73.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $667,757.73.
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 16, 2018 through
February 28, 2018 for $667,757.73 is being presented for ratification. All payments
have been made in compliance with the City’s purchasing policies and pr ocedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.3.a Check Register Affidavit 2/16/18 through 2/28/18.
2. 6.3.b Check Register 2/16/18 through 2/28/18.
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Agenda #: 6.4
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT FOR JANUARY 2018
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact.
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City’s Investment Policy.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.4.a January 2018 Treasurer's Report
2. 6.4.b January 2018 Portfolio Summary
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Agenda #: 6.5
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SEVENTH AMENDMENT TO TREE MAINTENANCE SERVICES
AGREEMENT WITH WEST COAST ARBORISTS IN THE AMOUNT OF
$20,000.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Seventh Amendment to Tree
Maintenance Services Agreement with West Coast Arborists, in the amount of $20,000
for a total fiscal year authorization not-to-exceed $313,460.
FINANCIAL IMPACT:
Approval of the Seventh Amendment will increase the total authorization contract
amount for West Coast Arborists by $20,000 for a total fiscal year authorization amount
not to exceed $313,460. To date, the current approved fiscal year authorization is
$293,460 which includes $247,060 for City-wide tree maintenance, $18,400 for tree
watering, $18,000 for District 41 tree maintenance, $5,000 for District 39 tree
maintenance and $5,000 for District 38 tree maintenance. At the February 20, 2018 City
Council meeting, City Council approved mid-year budget adjustments which included
$20,000 for this amendment.
BACKGROUND/DISCUSSION:
On June 27, 2011, the City awarded a seven-year contract to West Coast Arborists for
city-wide tree maintenance services. The City Council approved Amendment #6 on
June 20, 2017 to extend the contract through June 30, 2018.
The tree maintenance services contract includes the following services in Diamond Bar:
tree-trimming, tree planting, tree and stump removal, emergency wo rk and watering of
trees along the major arterials not serviced by irrigation systems. The contract also
provides for an automatic update of the City’s tree inventory as services are performed.
Services are provided in the following areas of the City: alon g the major boulevards,
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medians & parkways, residential neighborhoods, lighting and landscape maintenance
districts and City Parks.
As part of the City’s on-going maintenance program, West Coast Arborists regularly
inspects and identifies diseased and dying trees that should be removed. Eighty-two
(82) trees have been identified for removal and are reflected in the attached West Coast
Arborist’s fee proposal. Staff has confirmed the conditions of these trees and concurs
that the removal work is warranted. The tree removals will be completed within the next
two months. Additionally, maintenance funds for tree re-planting are included in the
approved operating budget. Tree replacements are typically done with priority given to
locations along major arterials. These tree replacements will be scheduled in the spring
and fall months.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.5.a 7 AMEND TO CON AGMT - WCA
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1118677.1
SEVENTH AMENDMENT
TO
CONTRACTOR SERVICES AGREEMENT
This Seventh Amendment to Contractor Services Agreement (“Seventh
Amendment”) is made and entered into as of March 6, 20 18, by and between the City
of Diamond Bar, a municipal corporation ( “City”), and West Coast Arborists, Inc. (herein
referred to as the “Contractor”) with reference to the following:
A.The City and the Contractor entered into that certain Contractor Services
Agreement dated as of June 27, 2011, which is incorporated herein by this reference (the
“Original Agreement”); and
B.The City and the Contractor desire to amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1.Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2.Revised Scope of Services. The Scope of Services, Exhibit "A" to the
Original Agreement, is hereby amended, modified and supplemented to include the
services described on Exhibit "A" attached hereto and incorporated herein by this
reference.
3.Compensation. The total not-to-exceed compensation set forth in the Sixth
Amendment of the Original Agreement was the sum of two hundred ninety three thousand
four hundred sixty Dollars ($293,460). Section 4 of the Original Agreement is hereby
amended to provide for an increase of twenty thousand Dollars ($20,000) so that the total
not-to-exceed compensation, as amended by this Seventh Amendment shall not exceed
three hundred thirteen thousand four hundred sixty Dollars ($313,460) without the prior
authorization of the City.
4.Integration. This Seventh Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This Seventh Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this Seventh Amendment and the terms and
provisions of the Original Agreement, the terms and provisions of this Seventh Amendment
shall control.
IN WITNESS hereof, the parties enter into this Seventh Amendment on the year and
day first above written.
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"CONTRACTOR"
West Coast Arborists
"CITY"
CITY OF DIAMOND BAR
*By:-------------Printed Name: Patrick Mahoney
By: ____________ _ Ruth M. Low
Title: President Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
David A. De Berry, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
1118677.1
(1)the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If
only one corporate officer exists or one corporate officer holds more than one corporate office,
please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
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1118677.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
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Proposal 46486
CA Contractors License #366764 | AZ Contractors License #258981
DIR Registration #1000000956
Liability Insured
West Coast Arborists, Inc.
2200 E. Via Burton St.
Anaheim, CA 92806
(P) 800.521.3714 (E) 714.991.7844
PROPOSAL FOR TREE MAINTENANCE SERVICES
CUSTOMER: CITY OF DIAMOND BAR INV. NEEDED: Yes
MAIN
CONTACT:DEBBIE GONZALES BILLING
CONTACT:ANTHONY JORDAN
ADDRESS:21810 COPLEY DRIVE
DIAMOND BAR, CA 91765-4177 ADDRESS:21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
PHONE/FAX:(909) 839-7060 / -PHONE/FAX:(909) 839-7063 / (909) 861-3117
EMAIL:DGONZALES@DIAMONDBARCA.GOV EMAIL:ANTHONY.JORDAN@CI.DIAMOND-
BAR.CA.US
JOB LOCATION: City Wide
JOB DESCRIPTION: Tree & Stump Removals/ 82 High Risk Trees
QTY DESCRIPTION U/M U/P TOTAL
1 Tree & Stump Removals Lump Sum $20,000.00 $20,000.00
GRAND TOTAL:$20,000.00
All work will be completed in accordance with ANSI A300 standards. Price reflects payment of prevailing wage
rates under the wage determination: Tree Maintenance Laborer, and reporting of certified payroll to the
Department of Industrial Relations as applicable in accordance with state labor laws.
COMMENTS:
ESTIMATED BY: NICK ALAGO Date: 2/12/2018
ACCEPTED BY: Date:
Page 1 of 1Proposal Report
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Agenda #: 6.6
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE 01 (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:
Adopt Ordinance 01 (2018): An Ordinance 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.
FINANCIAL IMPACT:
The proposed Ordinance would continue the collection of Public, Educational, and
Governmental (PEG) access fees from various video service providers. The City
collects PEG access fees in the amount of approximately $100,000 annually.
BACKGROUND:
The Digital Infrastructure and Video Competition Act (DIVCA – AB 2987) transferred
franchising authority from local agencies to the state. Under existing state franchises,
cities retain the authority to collect PEG fees, which may be used to fund capital
expenditures related to public television broadcasting, including the City’s DBtv outlet.
DISCUSSION & ANALYSIS:
To resolve ambiguities regarding the continuation of PEG access fees, the proposed
Ordinance would add Section 13.12.1325 to the Diamond Bar Municipal Code, thereby
continuing the City’s long-term practice of collection PEG access fees. The proposed
Ordinance was introduced by the City Council for first reading at its February 20, 2018
meeting and scheduled for adoption at the March 6, 2018 meeting. If adopted, the
Ordinance would be deemed operative commencing on January 1, 2018 .
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LEGAL REVIEW:
The City Attorney has reviewed and approved the proposed ordinance.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.6.a Ordinance 01(2018) PEG FEE FINAL 03062018
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1
ORDINANCE NO. 01 (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 BY ADDING SECTION 13.12.1325 TO THE DIAMOND
BAR MUNICIPAL CODE .
WHEREAS , the City has adopted a fee equal to one percent (1%) of the
gross revenues of a state video 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 f ranchise 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 Council of the City of Diamond Bar does
hereby ordain as follows:
Section 1. Section 13.12.1325 is 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.
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2
(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 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 PEG fee established by this Ordinance shall be deemed
operative commencing on January 1, 2018.
Section 3. Severability. If any section, clause, phrase, word or p ortion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby de clares that it would
have adopted this Ordinance and each other section, clause, phrase, word or portion
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, words or portions thereof be d eclared invalid
or unconstitutional.
Section 4. 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 pass ed and adopted in the Office
of the City Clerk and two additional places, together with the vote for and against the
same.
Ruth M. Low, Mayor
ATTEST:
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 20th day of February, 2018, and was duly passed, approved and
adopted at a regular meeting of the City Council of the City of Diamond Bar held on
the 6th day March, 2018, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
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Agenda #: 6.7
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: VARIOUS AGREEMENTS WITH THE CITY OF INDUSTRY
(INDUSTRY), THE SUCCESSOR AGENCY TO THE INDUSTRY
URBAN-DEVELOPMENT AGENCY (SUCCESSOR AGENCY), THE
STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF
TRANSPORTATION (CALTRANS) AND THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY (METRO) FOR
THE CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT
LEMON AVENUE ON STATE ROUTE 60 (SR-60)
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Approve, and authorize the Mayor to sign, the Call for Projects Proposition C
Funding Agreement between the City of Industry (Industry) and the Los Angeles County
Metropolitan Transportation Authority (Metro) with the City of Diamond Bar as a
participating party, for the new freeway interchange at Lemon Avenue on State Route
60 (SR 60).
B. Approve, and authorize the Mayor to sign, the First Amendment to the Memorandum
of Understanding with Industry for the construction of a new freeway interchange at
Lemon Avenue and SR 60.
C. Approve, and authorize the Mayor to sign, Amendment No. 1 to the Cooperative
Agreement to Advertise, Award, and Administer (AAA) the construction of the new
freeway interchange at Lemon Avenue on SR 60 with the Successor Agency to the
Industry Urban-Development Agency (Successor Agency) and Caltrans.
FINANCIAL IMPACT:
Diamond Bar was awarded $8,639,040 in Federal SAFETEA -LU Funding and
$2,294,000 in Metro Call for Projects Funding (“Call Funds”) for the Lemon Avenue
Interchange Project (“Project”). To date, a total of $1,172,613 has been reimbursed to
Diamond Bar in Federal SAFETEA-LU Funds for the right-of-way phase of the Project
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leaving a fund balance of $7,466,427. Separately, an amount of $181,077 was issued
to Diamond Bar as reimbursable Call Funds for the right-of-way phase of the Project
with an additional $9,530 being held in retention leaving a balance of $2,103,393.
In April 2016, the Federal Highway Administration (FHWA) and Caltrans offered to
exchange federal fund balances with local funds from Metro. In doing so , it allowed
Metro to maximize the use of transportation funds in LA County and exchange these
federal funds for local transportation dollars. The repurposing of $7,242,435 with
$223,992 to be used for Metro’s administrative fees ($7,466,427 of Federal SAFETEA-
LU Funds) was approved by the Metro Board in March of 2017 adjusting the total Metro
Funds available for the Project to $9,345,828 ($9.34 Million).
In addition to the aforementioned $9.34 Million, the Project will receive $5.3 Million in
Los Angeles County Measure M funds, the Successor Agency will contribute $7.258
Million, and the Alameda Corridor East Construction Authority (ACE) will contribute
$223,992 for Metro’s administration costs. The current Project cost is $22,092,000
which includes construction, construction management and additional right -of-way
costs.
Below is a funding table identifying all the funds for the Project. Diamond Bar’s Capital
Improvement Program Budget for Fiscal Year 2017-2018 currently identifies a limited
amount of $40,000 of Traffic Improvement Funds that could account for change orders
related to Diamond Bar’s desired modifications to the Project within our jurisdictional
infrastructure such as traffic signals, roadway design, striping, landscape, etc.
Lemon Ave. Project Funding
Local Funds to be provided
by Metro's exchange program
(Transferred to Industry) $ 7,242,435
Metro Call For Projects
(Transferred to Industry) $ 2,103,393
Early Allocation of
Measure M Funds $ 5,300,000
Industry Successor Agency
Funds Committed $ 7,258,526
Diamond Bar Local Traffic
Improvement Funds $ 40,000
Metro admin fee for exchange
to be covered by ACE $ 223,992
Total Available Funding $ 22,168,343
Current Project Cost $ 22,092,000
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BACKGROUND:
On December 2, 2008, Diamond Bar approved a Memorandum of Understanding
(MOU) with Metro to receive/secure $2,294,000 in Call for Projects grant funds for
construction of the Project. This previously approved MOU established funding and
reimbursement guidelines in addition to a baseline project implementation schedule.
The grant was originally approved for the construction phase of the Project only and in
November 2013 was amended to include the right-of-way phase. The de-federalized
funds or now the local Metro funds in the amount of $7,242,435 would be added to the
remaining Call Funds in the amount of $2,103,393 for a total available Metro fund
amount of $9,345,828 for the Project.
On October 2, 2012, Diamond Bar entered into a Memorandum of Understanding
(MOU) with Industry for the Project establishing the terms of reimbursement for the
right-of-way phase of the Project. The terms of the MOU were for Industry to front the
costs associated with the right-of-way phase and Diamond Bar would reimburse
Industry upon receipt of reimbursable Federal Funds from the State. This MOU was
established in an effort to ensure timely payment of invoices to keep the Project moving
forward.
On September 16, 2014, Diamond Bar approved the Cooperative Agreement (AAA Co-
Op Agreement) with Caltrans and the Successor Agency to advertise, award and
administer the Project. The AAA Co-Op Agreement defined Caltrans’ role as the
construction authority responsible for advertising the Project, awarding the contract, and
administering the construction of the Project. Financial terms for reimbursing Caltrans
were also included in the AAA Co-Op Agreement detailing each party’s financial
responsibility.
On August 16, 2016, Diamond Bar approved a three-way Betterment Agreement with
ACE and Industry to allow ACE to construct and manage the Project as part of a
change order to the Fairway Grade Separation Project. The Betterment Agreement
defined the improvements of the Project as well as the terms in which each city
(Diamond Bar and Industry) would be required to reimburse ACE for the construction
and construction management costs. Approving the Betterment Agreement allowed the
Project to move forward in a timely manner under ACE’s management. Construction of
the Project began in September 2016 and continues with a projected completion in
Summer of 2018.
DISUCUSSION:
To maintain efficiency in delivering the Project required under the various agreements,
and given the large dollar amount of $9,345,828 in Metro funding, it was agreed by
Metro, Industry and Diamond Bar that it would be most appropriate to transfer the
sponsorship of the Project from Diamond Bar to Industry. This would allow Industry to
administer the construction of the Project and be fully responsible for implementing all
activities. The three approvals being recommended are necessary to implement this
transfer and to formalize the fact that ACE has taken over Project administration from
Caltrans.
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In August 2017, Diamond Bar and Industry approved and signed a concurrence letter
indicating Diamond Bar’s intent to transfer $9,345,828 in Metro ’s reimbursable funding
to Industry, as the new sponsor, to administer the construction of the Project and be
responsible for the implementation of all activities. Upon approval of Recommendation
A, the Funding Agreement formally transfers the funding and Project sponsorship to
Industry. The Funding Agreement specifies the terms, Project funding, reporting
requirements, and expenditure guidelines, and supersedes and replaces the 2008 MOU
between Metro and Diamond Bar. While Industry will now be responsible for
administering the funding of the Project, Diamond Bar is identified as a participating
party to formalize the cities’ intent to terminate the 2008 MOU and transfer the Project
sponsorship and funding to Industry. Industry approved the Funding Agr eement at its
February 8, 2018 City Council Meeting.
As a result of transferring funding to Industry for the remaining right -of-way costs and
construction for the Project, an amendment to the original 2012 MOU with Industry is
necessary. The original 2012 MOU with Industry identified a maximum right-of-way cost
of $2,226,665. As the right-of-way phase progressed the capital cost increased due to
the increase in the number of partial parcel and easement acquisitions needed for the
Project than originally identified. As a result of the increase in capital costs, the support
costs (Caltrans staff costs) also increased for additional survey work. The additional
increase in capital and support costs associated with the right-of-way phase is
estimated at $1.3 Million. Upon approval of Recommendation B, the MOU will be
modified to include the increase in right-of-way costs and identify payment of Metro
funds ($190,608) to Industry that Diamond Bar has been reimbursed for right-of-way
activities including any accrued interest. Industry approved the First Amendment at its
February 8, 2018 City Council meeting.
With ACE administering the construction of the Project, the 2014 AAA Co-Op
Agreement must be amended and is being recommended as Recommendation C to
terminate the role of Caltrans as the administrative authority. Additionally, the
amendment will provide for the reimbursement to Caltrans for the work performed under
the agreement up to the point tha t ACE became responsible as the administering
authority. The work performed by Caltrans under the agreement includes the Office
Engineer’s review and approval of the Plans and Specifications at a cost of
$375,340.40. The Successor-Agency approved Amendment No. 1 at their February 8,
2018 meeting.
Upon execution of these agreements, Industry and Diamond Bar will work with ACE to
amend the three-way Betterment Agreement to identify Industry as the Project sponsor
and transfer responsibility for payment of invoices for the construction of the Project.
Staff recommends the City Council approve:
(A) The Funding Agreement with Metro and the City of Industry
(B) The First Amendment to the MOU with the City of Industry
(C) Amendment No. 1 to the AAA Co-Op with Caltrans and the Successor Agency
PREPARED BY:
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Attachments:
1. 6.7.a Attachment A-Funding Agreement
2. 6.7.b Attachment B-First Amendment to the MOU
3. 6.7.c Attachment C-Amendment No. 1 to AAA Co-Op
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Agenda #: 6.8
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ADJOURNING THE MARCH 6, 2018 CITY COUNCIL MEETING TO
APRIL 3, 2018.
RECOMMENDATION:
That the Mayor adjourn the March 6, 2018 City Council Meeting to April 3 , 2018.
BACKGROUND/DISCUSSION:
The San Gabriel Valley Council of Governments (SGVCOG) legislative advocacy
meetings in Washington D.C. this year fall during the week of the March 20, 2018 City
Council meeting. It is anticipated that there will be a lack of quorum for that Council
meeting as the majority of the Council Members are scheduled to attend the SGVCOG
events. Therefore, it is recommended that the Mayor, at the end of the March 6, 2018
City Council Meeting, adjourn said Council Meeting to April 3, 2018.
PREPARED BY:
REVIEWED BY:
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Agenda #: 8.1
Meeting Date: March 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AGREEMENT WITH RING, INC. TO PROVIDE A HOME SECURITY
GRANT PROGRAM.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the City Manager to sign, the Agreement with Ring, Inc.
FINANCIAL IMPACT:
A budgetary allocation of $10,000 is proposed for the home security grant program.
Funds are available in the Public Safety FY 17/18 budget to cover the expense.
BACKGROUND:
In recent years, some California cities have faced an increase in property crimes,
including burglary and larceny theft. To combat property crimes, the City Council has
taken a number of proactive steps, including:
Funding for additional special operations and suppression patrols featuring
additional patrol units and undercover vehicles.
Establishment of the Report for Reward program, which provides a reward to
residents that report suspicious activity that results in an arrest for residential or
vehicle burglary.
An expanded public engagement program, including the “Let’s Talk Public
Safety” neighborhood meeting series, Neighborhood Watch Program, and
monthly public newsletter communications.
Funding of the STAR program, which provides drug, gang, and violence
prevention education to local students.
Membership in the Taking Back Our Communities Coalition, a group of local
governments advocating for legislative changes to improve public safety.
To further augment these local crime prevention efforts, the Council’s Public Safety
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Committee, comprised on Mayor Low and Mayor Pro Tem Herrera, has suggested
development of and participation in a home security equipment grant program in
Diamond Bar.
DISCUSSION:
In the past year, many agencies across the country have entered into partnerships with
Ring, a home security technology company specializing in wi-fi-enabled video doorbells,
stick-up cameras, and lighting, among other products. Many local agencies, including
Arcadia, La Canada Flintridge, Redondo Beach , Rancho Palos Verdes, and Temple
City have partnered with Ring to help combat and deter property crimes via the
installation of home security equipment. The Los Angeles County Sheriff’s Department
recommends that Diamond Bar homeowners take steps to harden their homes with the
use of home security equipment, including video surveillance cameras, lighting, and
other devices and reports that such measures can reduce property crimes.
Under the terms of this partnership, verified Diamond Bar residents would be eligible for
a $50 product discount when ordering a security device directly from Ring; $25 of this
discount would be subsidized by the City with a matching $25 discount provided by
Ring. Ring would also provide an additional $30 discount for up to two additional Ring
products. Ring products provide mobile access to security cameras, offering owners the
ability to see, hear, and speak to anyone at the property from a remote location or
smartphone. Eligible products include:
Product Retail Price Diamond Bar Resident Price
Video Doorbell 2 $199 $149
Video Doorbell Pro $249 $199
Spotlight Cam Battery $199 $149
Spotlight Cam Wired $199 $149
Floodlight Cam $249 $199
Staff is recommending a budgetary allocation of $10,00 0 in FY 2017-18 which will
provide up to 400 product discounts to Diamond Bar households. Discounts would be
available to verified Diamond Bar residents on a first-come, first-served basis until funds
are exhausted. A marketing campaign focused through the City’s Neighborhood Watch
and Let’s Talk Public Safety Programs is envisioned. Additionally, information would be
made available on the City’s website and social media channels.
Therefore, with the concurrence of the Public Safety Committee, it is recommended that
the City Council approve a partnership with Ring to provide a home security grant
program.
LEGAL REVIEW:
The Agreement has been reviewed and approved by the City Attorney.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.1.a RING Contract 02.2018
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Page 1 of 6
AGREEMENT BY AND BETWEEN
THE CITY OF DIAMOND BAR AND RING
This AGREEMENT BY AND BETWEEN THE CITY OF DIAMOND BAR AND RING
(herein “Agreement”) is made and entered into this [_____________], 2018 by and between the
City of Diamond Bar, a California municipal corporation (“City”) and Ring Inc., a Delaware
Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred
to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, Consultant produces security cameras and video doorbells for residential use
which link smartphone users to their doorbell when the camera is activated by motion or someone
ringing the doorbell.
WHEREAS, with this technology, the homeowner has the capability to see, hear and speak
to visitors through their smartphones, tablets or desktops.
WHEREAS, the City desires to collaborate with Consultant to establish a grant program
whereby City residents can purchase Consultant’s security cameras and video doorbells for use at
residences within the City at a discounted price to enhance security and safety in the community.
WHEREAS, the grant program will be operated on a first-come-first-served basis.
WHEREAS, the City Council finds that the dedication of public funds under this
Agreement will serve the safety of City residents, an issue of important public purpose.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of
which are hereby acknowledged, the Parties agree as follows:
1. Recitals are Part of Agreement. The preceding Recitals are part of this
Agreement.
2. Consultant Services. Consultant will perform the following Services:
a. Consultant will collaborate with the City on the distribution and marketing
of the [Ring Video Doorbell 2, Ring Video Doorbell Pro, Ring Spotlight
Cam Wired, Ring Spotlight Cam Battery, and Ring Floodlight Cam and
any other accessories] (each, a “Product” and collectively, the “Products”)
to residents of Diamond Bar (“Residents”). In marketing the Products,
Consultant shall not represent that the City is providing any endorsement
with respect to any particular Product.
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b. During the Promotional Period, as defined in Section 4 below, Consultant
will directly provide 400 unique promotional codes (Promotional Codes)
to Residents with a $50 discount of the sales price for one (1) of the
following products at checkout:
i. Ring Video Doorbell 2;
ii. Ring Video Doorbell Pro;
iii. Ring Spotlight Cam Wired;
iv. Ring Spotlight Cam Battery; or
v. Ring Floodlight Cam.
Each Resident is entitled to only one Promotional Code. Each Promotional
Code may only be used once per household. Only codes sent to the resident
through Consultant communications channels will be valid.
c. During the Promotional Period, as defined in Section 4 below, Consultant
will directly provide Residents with a discount code valued at $50 dollars
per product to apply towards the purchase of any of the products listed in
section 2.b above.
d. During the Promotional Period, as defined in Section 4 below, Consultant
will directly provide Residents with an accessories discount code valued at
a 25 percent (25%) discount towards any accessory listed on the
company’s website with a limit of five accessory products at checkout.
e. Consultant will fulfill orders for Products when Residents provide
information and payment required using the information required for
Consultant to complete delivery of the Product (including name, address,
email address, etc.). Standard delivery shall be in accordance with
Ring.com (as of the date hereof, orders over twenty dollars ($20.00) ship
free of charge). Consultant will use commercially reasonable efforts to
ship the Products within three (3) business days from date the order was
placed.
f. Consultant will provide product and user support to Residents who
purchase Products, including warranty for the security device(s) and if the
resident chooses to, the option to hire someone to install. These options
will be provided at checkout at the user’s expense.
g. Consultant will provide marketing support and materials for City to
distribute to Residents, such as brochures and flyers.
h. Consultant shall contribute $25 dollars ($25) of the $50 dollar ($50)
discount specified in section 2.b above.
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i. Within thirty (30) days after the end of the Promotional Period, as set forth
in Section 4 below, Consultant will provide the City with an accounting
statement (the “Accounting Statement”) setting forth the number of
Products purchased using the Promotional Code during the Promotional
Period, as set forth in Section 4 below, and such other information,
including proof of City residency, reasonably requested by City to enable
the City to determine its required City contribution amount, as specified in
Section 3.a below.
3. City Obligations. The City agrees to do the following in furtherance of this
Agreement:
a. Within 60 days of its receipt of the Accounting Statement from
Consultant, City shall pay Consultant an amount equal to $25 dollars ($25)
of the $50 dollar ($50) discount specified in section 2.b above for the first
Product sold to each Resident during the Promotional Period using a
Promotional Code. No other Product is eligible for a City contribution.
The maximum contribution payable by the City to Consultant shall not
exceed $10,000 dollars and no cents ($10,000.00) under this Agreement.
b. City may, at its own cost and expense, audit Consultant’s applicable sales
data to confirm the amount of the sales made under section 2.b above
within one year of the end of the Promotional Period.
c. During the Promotional Period, as defined in Section 4 below, the City
agrees to make reasonable efforts to promote the program provided in this
Agreement on the City’s website, social media platforms, such as
Facebook and Twitter; issue press release(s), and/or have brochures and
flyers, produced by Consultant and approved by the City, available at City
Hall for Residents. It is agreed that these efforts specifically do not
include any City endorsement of any Product sold by Consultant.
4. Promotional Period. The Promotional Period shall commence on a date mutually
agreed by the Parties. The Promotional Period shall expire upon the earlier of the
following:
a. 120 days after the commencement of the Promotional Period; or
b. The maximum contribution payable by the City of $10,000.00 has been
reached, as set forth in Section 3.a above.
Notwithstanding the foregoing, the City shall have the option to extend the
Promotional Period if the maximum contribution payable by the City of
$10,000.00 has not been reached within 120 days after the commencement of the
Promotional Period.
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5. Termination. The City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days’ written notice to Consultant, except
that where termination is due to the fault of the Consultant, the period of notice
may be such shorter time as may be determined by the City. Upon receipt of the
City's notice of termination, Consultant shall discontinue the Program and no
sales made after receipt of such notice shall be eligible for City reimbursement.
6. Indemnification. The Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, employees and volunteers from and against any and all
claims, losses, liabilities, damages, costs or expenses, arising out of Consultant’s
negligence or willful misconduct in connection with performance of this
Agreement.
7. Independent Consultant. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision or control
of Consultant’s employees, servants, representatives or agents, or in fixing their
number, compensation or hours of service. Consultant shall perform all services
required herein as an independent contractor of City and shall remain at all times
as to City a wholly independent contractor with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner
of Consultant in its business or otherwise or a joint venture or a member of any
joint enterprise with Consultant.
8. Governing Law. This Agreement shall be interpreted, construed and governed
both as to validity and to performance of the parties in accordance with the laws
of the State of California. Legal actions concerning any dispute, claim or matter
arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Los Angeles, State of California, or any other appropriate
court in such county, and Consultant covenants and agrees to submit to the
personal jurisdiction of such court in the event of such action. In the event of
litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in the County of Los Angeles, State of California.
9. Notices. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any
other person shall be in writing and sent by email, in the case of the City, to Ryan
McLean, Assistant City Manager and in the case of the Consultant, to August
Cziment at a@ring.com. Either party may change its email address by notifying
the other party of such change.
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10. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
11. Integration; Amendment. This Agreement including the attachments hereto is
the entire, complete and exclusive expression of the understanding of the parties.
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this Agreement. No
amendment to or modification of this Agreement shall be valid unless made in
writing and approved by the Consultant and by the City Council. The parties
agree that this requirement for written modifications cannot be waived and that
any attempted waiver shall be void.
12. Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement
meaningless.
13. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This
Agreement shall be binding upon the heirs, executors, administrators, successors
and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
_______________
_________________________
CONSULTANT:
RING INC., a Delaware Corporation
By:
Name:
Title:
Address: 1523 26th Street, Santa Monica CA
90404
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