Loading...
HomeMy WebLinkAbout082019 Agenda - Regular Meeting City Council Agenda Tuesday, August 20, 2019 Closed 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 CAROL HERRERA Mayor STEVE TYE Mayor Pro-Tem ANDREW CHOU Council Member RUTH M. LOW Council Member NANCY A. LYONS 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 Dis abilities 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 INT ERNET 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 August 20, 2019 Next Resolution No. 2019-36 Next Ordinance No. 02(2019) CLOSED SESSION: 5:30 p.m. – Room CC-8 Public Employee Performance Evaluation Pursuant to Government Code Section 54957. Title: City Manager PUBLIC COMMENTS: CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Shaykh Nomaan Baig Institute of Knowledge ROLL CALL: Chou, Low, Lyons, Mayor Pro Tem Tye, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: AUGUST 20, 2019 PAGE 2 Presentation of a City Tile to City Clerk Tommye Cribbins. 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 dire ctly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC 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 – August 22, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission – August 27, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive - CANCELED. 5.3 City Council Meeting – September 3, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 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 Minutes of August 6, 2019. Recommended Action: Approve the August 6, 2019 Meeting Minutes. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES FROM JULY 9, 2019. 6.2.a Regular Meeting of July 9, 2019 AUGUST 20, 2019 PAGE 3 Recommended Action: Receive and file the July 9, 2019 meeting minutes. Requested by: Community Development Department 6.3 RATIFICATION OF CHECK REGISTER DATED AUGUST 1, 2019 THROUGH AUGUST 14, 2019 TOTALING $845,592.61. Recommended Action: Ratify the Check Register. Requested by: Finance Department 6.4 CANCELLATION OF SEPTEMBER 3, 2019 CITY COUNCIL MEETING Recommended Action: Adjourn the August 20, 2019 City Council meeting to September 17, 2019. Requested by: City Manager 6.5 SECOND AMENDMENT TO THE AGREEMENT WITH CIVIC PLUS FOR THE IMPLEMENTATION OF A CUSTOMER REQUEST MANAGEMENT SYSTEM THROUGH AUGUST 31, 2021. Recommended Action: Approve and authorize the Mayor to sign the Second Amendment to the Professional Services Agreement with Civic Plus and authorize the City Manager to sign the contract amendment Statement of Work. Requested by: City Manager 6.6 SPECIAL EVENTS COMMITTEE Recommended Action: Dissolve the Special Events Committee. Requested by: Parks & Recreation Department 6.7 CONSULTANT SERVICES AGREEMENT WITH RKA CONSULTING GROUP, INC. FOR THE DESIGN OF RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREAS 1 AND 2) AND ARTERIAL STREETS REHABILITATION (DIAMOND BAR BOULEVARD FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY), (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO LEMON AVENUE) PROJECT AND THE DESIGN OF AREA 1 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMPS IMPROVEMENTS PROJECT. Recommended Action: Approve, and authorize the Mayor to sign, the Consultant Services Agreement with RKA Consulting Group, Inc., in the amount of $238,890, plus a contingency amount of $23,889 for a total authorization amount of $262,779. Requested by: Public Works Department 7. PUBLIC HEARINGS: NONE. AUGUST 20, 2019 PAGE 4 8. COUNCIL CONSIDERATION: 8.1 AMENDMENTS TO THE FUND BALANCE AND RESERVE POLICY. Recommended Action: Adopt Resolution No. 2019-XX amending the Fund Balance and Reserve Policy and rescinding Resolution No. 2011-26 in its entirety. Requested by: City Manager 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #: 6.1 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MEETING MINUTES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the August 6, 2019 Meeting Minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: The minutes of the Regular City Council meeting of August 6, 2019 have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Regular Meeting Minutes of August 6, 2019. 6.1 Packet Pg. 7 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 6, 2019 CLOSED SESSION: 5:45 p.m., Room CC-8 ► PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957. TITLE: CITY MANAGER CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Ryan Wright, Parks and Recreation Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources/Risk Manager; Anthony Santos, Assistant to the City Manager; Cecilia Arellano, Public Information Coordinato r; Alfa Lopez, Sr. Management Analyst; Anthony Jordan, Parks and Recreation Superintendent, and Tommye Cribbins, City Clerk. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: None provided. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye and Mayor Herrera. APPROVAL OF AGENDA: M/Herrera announced that Public Hearing Item 7.1 related to the Landscape Assessment District No. 39 would be moved forward to begin at 6:45 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Herrera and City Council Members presented Certificates of Recognition to the Coaches of the 4 Divisions of the Diamond Bar Girls Softball Teams. Team members were also provided with Certificates from State Senator Ling Ling Chang. 7. PUBLIC HEARINGS: 6:47 p.m. 7.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO. 39-2019: CM/Fox stated that tonight’s Public Hearing is the conclusion of the ballot 6.1.a Packet Pg. 8 AUGUST 6, 2019 PAGE 2 CITY COUNCIL process allowing property owners within Landscape Assessment District No. 39 to decide whether or not to approve an increase in funding for the proposed district. Council Member Low stated that she had been advised that in accordance with the Fair Political Practices Act she should recuse herself from any participation in this item and left the dais. Jerry Bradshaw, City’s Assessment Engineer stated that this is the third and final step in the Proposition 218 ballot process. Currently, there are 1,249 properties that each pay $236 per year to support the required maintenance work which generates about $295,000 per year. However, the expenses amount to about $504,000 per year , which is an annual shortfall of about $209,000. This measure is ab out putting this district back on a self-sustaining, self-supporting basis, which is how it was intended to be when it was created. In order to do that, the district has been broken up into three zones based on the level of improvements nearer to the homes in the amount of benefit received. The rates proposed for the self -supporting structure range from $358 per parcel in the northern area to $387 per parcel per year for the southern area south of Grand, which is $120 to $150 per year more for each property (about $10 to $12.50 per month). There are currently about 580 ballots turned in which is a good return rate for this type of measure out of over 1200 property owners. M/Herrera opened the Public Hearing at 6:55 p.m. With no one present to speak on this item, M/Herrera then asked if there were any remaining ballots be turned in to the City Clerk. Seeing none, MPT/Tye moved, C/Lyons seconded, to close the Public Hearing. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low M/Herrera announced that the counting of the ballots would commence and that this item would be continued until all ballots were counted at which time the public hearing would reconvene for announcement of the results. C/Low returned to the dais. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 6.1.a Packet Pg. 9 AUGUST 6, 2019 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Pui Ching Ho, Librarian, Diamond Bar Library, spoke about events and programs available through the library during the month of August. Barb Cameron thanked the City for getting the Pickle Ball courts up and running. The Diamond Bar Healthy Day was a real success with over 100 individuals of all ages participating. She is looking forward to being able to use the courts. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting – August 8, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting – August 13, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive (Canceled). 5.3 City Council Meeting – August 20, 2019 – 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a Study Session of July 16, 2019 – as presented. 6.1b Regular Meeting of July 16, 2019 – as presented. 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES: 6.2a Regular Meeting of June 11, 2019. 6.3 RATIFIED CHECK REGISTER DATED JULY 11, 2019 THROUGH JULY 31, 2019 TOTALING $3,172,185.23. 6.4 APPROVED TREASURER’S STATEMENT FOR JUNE 2019. 6.5 APPROVED PURCHASE ORDER WITH SCNG PRINTING FOR PRINTING AND MAILING SERVICES FOR THE CITY NEWSLETTER AND RECREATION GUIDE THROUGH JUNE 30, 2020. 6.1.a Packet Pg. 10 AUGUST 6, 2019 PAGE 4 CITY COUNCIL 6.6 APPROVED NOTICE OF COMPLETION FOR THE CITYWIDE ARTERIAL THERMOPLASTIC RE-STRIPING PROJECT (SUPERIOR PAVEMENT MARKINGS, INC.) 6.7 APPROVED SEWER SYSTEM MANAGEMENT PLAN (SSMP) AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 2006-03. 8. COUNCIL CONSIDERATION: 8.1 AGREEMENT WITH THE REGIONAL CHAMBER OF COMMERCE-SAN GABRIEL VALLEY FOR BUSINESS SUPPORT SERVICES THROUGH FY 2019-20. CM/Fox provided a brief comment and then introduced CEO Anthony Duarte with the San Gabriel Valley Regional Chamber of Commerce. Mr. Duarte, thanked the City Council on behalf of the Board of Directors and the business community of Diamond Bar for the Ci ty’s continued partnership with the Regional Chamber. During the past year the Chamber held several events including legislative luncheon during which then Mayor Low and Supervisor Hahn and State Senator Chang gave presentations. The annual Salute to Heroes Prayer Breakfast; the annual birthday celebration with 30 businesses participating; partnered with the Diamond Bar Center for the Business Showcase; annual membership meeting during which M/Herrera swore in the new Board of Directors, and honored two chamber members, Lynn Bushman, a Diamond Bar business owner and Jillian Wright, Valley Vista. Additionally, the Chamber held its annual Asian Business Seminar and, there are already 14 restaurants signed up for Restaurant Week this year. Mr. Duarte thanked the Diamond Bar staff, all of whom have been great to work with. C/Lyons asked how many ribbon cuttings the Chamber did this year. Mr. Duarte responded that there were fewer this year with 33 new members, 30 percent of which were in Diamond Bar for a total of seven ribbon cuttings. C/Lyons said that new businesses really appreciate the ribbon cutting ceremonies which help to shine the spotlight on them. The best example being The Habit with the huge welcome to the community. The Council appreciates everything the Chamber does for the City and its business community. C/Lyons moved, MPT/Tye seconded, to approve the agreement with the Regional Chamber of Commerce – San Gabriel Valley for Business 6.1.a Packet Pg. 11 AUGUST 6, 2019 PAGE 5 CITY COUNCIL Support activities for Fiscal Year 2019-2020. C/Chou stated that he owns a business which is a member of the Chamber of Commerce and asked if he needed to abstain from voting on this item. CA/DeBerry asked if the Chamber of Commerce was a source of income. C/Chou who said it was not. AC/DeBerry said if not, there was no need for C/Chou to recuse himself from the vote. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 VOLUNTEER RECOGNITION PROGRAM REVISIONS: CM/Fox stated that the Special Events committee met to consider potential changes on how to continue to recognize the City’s volunteers. Currently, there are two opportunities during the year when volunteers within the community are recognized. The Outstanding Volunteer Awards typically presented at the City’s Birthday Party and the Community He roes Award which is recognized at the Diamond Bar Day at the Fair. Because both events will not be occurring f or some time in the future, the Special Events subcommittee has recommended that the Volunteer Recognition Awards be moved to the Winter Snowf est event, which is a large community event that is similar to the birthday party. C/Low asked if the Snowfest would provide sufficient time and attention to an award ceremony with so much going on. CM/Fox said he believed there would be because it would amount to a short period of time for them to be recognized which would free everyone to go back to their other activities. CM/Fox said he felt the important thing was to have a large audience available for this type of event to provide proper recognition and felt with proper planning focus could be adjusted accordingly. C/Chou said he appreciated the work done by the Special Events committee. There are a lot of businesses that contribute as well and wondered if there could be an additional category for recognizing those 6.1.a Packet Pg. 12 AUGUST 6, 2019 PAGE 6 CITY COUNCIL businesses that contribute to those events. M/Herrera said she believed that because the Chamber focuses on the businesses, it would contribute to these events. C/Lyons added that the Council recognizes Businesses of t he Month and perhaps an idea would be to have an award for the most community- friendly business by going through the nomination process, etc. She also thought that C/Low had a good point about attendance. MPT/Tye felt the Snowfest would provide a similar atmosphere as the birthday party with simultaneous activities and focus. M/Herrera said the committee talked about this being different and the committee was trying to be flexible by suggesting it be tried out next year and if it should not work out as envisioned, the City Council could consider another option. One objective was to recognize these volunteers and volunteerism with a large number of residents present without incurring a lot of additional cost. M/Herrera asked for concurrence to try this next year. Council discussed whether business recognition should be in cluded in the awards ceremony. C/Chou explained how businesses donate food, for example, and he believes it would be good to recognize their contributions to the community. C/Low asked if C/Chou, was thinking about a certain business such as Mr. G’s, would nominate the business or the owner of the business. C/Chou said he would nominate the business to prom ote the face of the business so as to include workers as well as the owner. M/Herrera asked if the Council was suggesting the following ca tegories: Adult and Youth Community Volunteer Organizations and Business. The City could try this for a year and see how it goes C/Lyons moved, C/Low seconded, to program Outstanding Volunteer Awards (previously titled “Community Heroes Award”) for Youth, Adults, Non-Profit Organizations for their contributions to the City of Diamond Bar and now to include Businesses to be given out at the Snowfest event for one year after which the program will be re-evaluated. Motion carried by the following Roll Call vote: 6.1.a Packet Pg. 13 AUGUST 6, 2019 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Herrera explained that the application form would be modified according to the approved motion and staff would get it out to the various community organizations and businesses. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou reported that he attended the Joint Powers Insurance Authority (JPIA) Annual Board meeting on behalf of the City where the new slate of board members was sworn in. He feels it is important for the City to have a voice on the Board because it is a very important organization that helps member cities manage their risk exposure. He commended staff for the wonderful Concerts in the Park series. Unfortunately, he missed the Diamond Bar Night-Out Concert but according to the photos and comments it was a wonderful event that was very well attended. He acknowledged the victims of the recent shootings and hopes the victims rest in peace and their families find strength in knowing we grieve with them. C/Low said the mass shootings were very sad and she offered her condolences. We really do grieve with these families and communities. If anyone in the City is aware of or know of someone who may be having some is sues, remember the City’s motto “if you see something, say something” because it is okay to report what you observe; you might be saving a lot of grief. She showed photos of Miss Glendy Chiang with Congressman Cisneros. Miss Chiang was recognized by Congressman Cisneros and was awarded the Outstanding Asian-American and Pacific Islander Leadership Award in the Education category for being a leader in the City in Diamond Bar and for her participation in the Diamond Bar Chinese- American Association where she was the Vice Principal of the Diamond Bar Chinese School. She is a leader in her church and participates with the Diamond Bar Friends of the Library. This award is an acknowledgement of her significant contribution in this diverse community. Congratulations to Miss Chiang for receiving this prestigious award. C/Low showed photos of a fire near Diamond Bar a couple of Sunday’s ago. There were four helicopters flying over Tres Hermanos where they filled their containers with water to dump onto the fire which they did for about three hours. The City is so grateful that it ha s such excellent firefighters who prevented the fire from spreading into the City. In light of this event, residents should always be prepared for any type of disaster. Thank you to staff for an excellent summer series of Concerts in the Park which were well attended and a lot of fun with great movies and entertainment. C/Lyons said she was with C/Low when Diamond Bar resident Glendy Chiang was honored for her work in bringing the Chinese culture into Diamond Bar as 6.1.a Packet Pg. 14 AUGUST 6, 2019 PAGE 8 CITY COUNCIL well as, participating in various activities including volunteering with the Diamond Bar Library. The City was turned down for the Infra grant it was seeking from the Department of Transportation to fund the SR57/60 Confluence project. Staff and Council have worked tirelessly to obtain these funds. In fact, the only California project that was funded is a connector/interchange in Temecula for the 15 freeway. It is very disappointing but, like Winston Churchill, we will never, ever give up on obtaining funding for the Big Fix. It is impo rtant and it is desperately needed. She congratulated South Pointe Middle School for once again being named a middle school to watch. Only about 17 of the California schools were recognized. Congratulations to students, teachers, staff, parents and the principal, all of whom make Diamond Bar a better place and everyone is proud of the school. She thanked staff for their great support for the new community volunteer recognition award. Staff pulled together great options and ideas and the committee was able to get in go through everything in due time in order to make recommendations to the Council. Even though it may seem to be a long time between now and December, it takes time to get the forms revised and to get the word out about the new program. Concerts in the Park an d Movies Under the Stars was another excellent series in 2019 with a lot of people having a lot of fun. Thank you to the Parks and Rec staff for another very successful program. MPT/Tye said it was great for the Council to have the opportunity to recogn ize Diamond Bar Girls’ Softball and have the kids and coaches present this evening. He spoke with one of the coaches about the number of hours he had put into this effort and to multiply that times the number of coaches of various sports events going from town to town to get practice fields and go to the ball park highlights why these volunteers need to be recognized. To hear those individuals say Thank you to the City for everything it does and thanks for programming the fields and helping them get what they need to perform at the elite level is wonderful. It was great to hear from Barb Cameron about the introduction by Parks and Rec of Pickle Ball. It is nice to hear people express their gratitude because so much of the work to get these programs put in place takes place behind the scenes and it is always time to complain when something doesn’t go right, and when something works well, it is expected. Thank you to the Parks and Rec staff for all that they do including the terrific Concerts in the Park this year. Cold Duck has such a tremendous following and it was a great way to end the series. The Council is very grateful for all of the programs that the City is able to provide the residents. M/Herrera said the Concerts in the Park were great and thanked staff members who work hard to bring all different kinds of programs forward for the residents at no cost. It was certainly fun to see this auditorium filled with all of the little girls who play softball and their parents who support everything they do. M/Herrera’s husband was a coach and her two daughters played in Diamond Bar Girls Softball, which is an important exercise and the feeder system for kids when they get into high school. It is one reason the high schools and students do so well in their sports and activities. The Special Events Committee did their task and she 6.1.a Packet Pg. 15 AUGUST 6, 2019 PAGE 9 CITY COUNCIL declared that it be dissolved. She thanked C/Lyons for her participation on the committee. CM/Fox said that staff would place an item on the Council’s next ag enda to formerly disband the committee. RECESS: M/Herrera recessed the Regular Meeting at 7:38 p.m. C/Low left the meeting at 7:40 p.m. RECONVENE: M/Herrera reconvened the meeting at 9:04 p.m. 7. PUBLIC HEARINGS (Continued): 7.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO. 41-2019: M/Herrera asked the City Clerk to read the results of the ballot proceeding for the record. CC/Cribbins stated that the ballot results of the new Landscape Assessment District No. 39-2019 are as follows with the complete results displayed on the overhead. As determined by the ballots cast, as weighted according to the amou nt of assessments for each parcel, 21.2 percent of the property owners cast ballots in support of the 2019 district and 78.8 percent of the property owners cast ballots in opposition of the 2019 district. C/Lyons moved, MPT/Tye seconded, to Adopt Resolution No. 2019-35 (NO-FORMATION) Certifying the Results of the Ballot Proceeding for Landscape Assessment District No. 39-2019. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Low ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 9:07 p.m. _____________________________________ TOMMYE CRIBBINS, CITY CLERK 6.1.a Packet Pg. 16 AUGUST 6, 2019 PAGE 10 CITY COUNCIL The foregoing minutes are hereby approved this ____ day of , 2019. CAROL HERRERA, MAYOR 6.1.a Packet Pg. 17 Agenda #: 6.2 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: PLANNING COMMISSION MINUTES FROM JULY 9, 2019. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Receive and file the July 9, 2019 meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: It is the practice to provide the City Council with approved Commission meeting minutes. The Planning Commission minutes of July 9, 2019 have been approved and are being transmitted to the Council for your information. PREPARED BY: REVIEWED BY: Attachments: 1. 6.2.a Regular Meeting of July 9, 2019 6.2 Packet Pg. 18 6.2.a Packet Pg. 19 6.2.a Packet Pg. 20 6.2.a Packet Pg. 21 6.2.a Packet Pg. 22 6.2.a Packet Pg. 23 Agenda #: 6.3 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED AUGUST 1, 2019 THROUGH AUGUST 14, 2019 TOTALING $845,592.61. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $845,592.61. BACKGROUND/DISCUSSION: 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. The attached check register containing checks dated August 1, 2019 through August 14, 2019 totaling $845,592.61 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff . The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 6.3 Packet Pg. 24 REVIEWED BY: Attachments: 1. 6.3.a Check Register Affidavit 8-20-2019 2. 6.3.b Check Register 8-20-2019 6.3 Packet Pg. 25 6.3.a Packet Pg. 26 SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130182 08/07/19 4IMPRINT 4IMPRINT INC 0014096 PROMO ITEMS-DBRW 0.00 482.6310100 130182 08/07/19 4IMPRINT 4IMPRINT INC 1155515 PROMO ITEMS-DBRW 0.00 954.85TOTAL CHECK 0.00 1,437.4810100 130183 08/07/19 ABFPRINT ABF PRINTING & MARKETING 1155515 POSTCARDS-EARTH DAY 0.00 217.4710100 130184 08/07/19 AGGCOMWE AGRICULTURAL COM WGHTS & 1415541 WEED ABATEMENT SVCS 0.00 26,755.6610100 130185 08/07/19 AMERICOM AMERICOMP GROUP 0014070 TONER FOR PRINTERS 0.00 4,852.0910100 130186 08/07/19 AVALONRO AVALON ROOFING INC 001 REFUND-BLDG PERMIT 0.00 0.8010100 130186 08/07/19 AVALONRO AVALON ROOFING INC 001 REFUND-BLDG PERMIT 0.00 0.8210100 130186 08/07/19 AVALONRO AVALON ROOFING INC 001 REFUND-BLDG PERMIT 0.00 7.6610100 130186 08/07/19 AVALONRO AVALON ROOFING INC 001 REFUND-BLDG PERMIT 0.00 9.5810100 130186 08/07/19 AVALONRO AVALON ROOFING INC 001 REFUND-BLDG PERMIT 0.00 191.69TOTAL CHECK 0.00 210.5510100 130187 08/07/19 AYSOREGI AYSO REGION 31 001 FACILITY REFUND-PNTRA 0.00 100.0010100 130188 08/07/19 BARLASNA NAILA ASAD BARLAS 0015210 PLNG COMM-JULY 0.00 130.0010100 130189 08/07/19 BEEREMOV BEE REMOVERS 0015558 TREE REMOVAL-R/RIVER 0.00 112.0010100 130190 08/07/19 BESTLTG BEST LIGHTING PRODUCTS 0015556 REPLACED LIGHTING-S/C 0.00 2,221.5410100 130191 08/07/19 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL IRRIGATION REPR 0.00 311.6110100 130191 08/07/19 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL IRRIGATION REPR 0.00 479.3610100 130191 08/07/19 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL IRRIGATION REPR 0.00 577.8110100 130191 08/07/19 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 MONTHLY LANDSCAPE-JUL 0.00 6,044.0010100 130191 08/07/19 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 MONTHLY LANDSCAPE-JUL 0.00 29,719.00TOTAL CHECK 0.00 37,131.7810100 130192 08/07/19 CNP CALIFORNIA NEWSPAPERS PA 0014095 PRINT/MAIL-DBCONNECT 0.00 7,389.5110100 130193 08/07/19 CACOMMER CALIFORNIA RETROFIT INC 0015333 SUPPLIES-DBC 0.00 151.9310100 130194 08/07/19 CARBALLO ANGEL CARBALLO 001 RECREATION REFUND 0.00 15.0010100 130195 08/07/19 CDW-G CDW GOVERNMENT 0014070 COMP SOFTWARE-I.T. 0.00 1,450.8010100 130196 08/07/19 CEMCONST CEM CONSTRUCTION CORPS 250 RETENTIONS PAYABLE 0.00 -2,627.5010100 130196 08/07/19 CEMCONST CEM CONSTRUCTION CORPS 2505556 EROSION/TRAIL REPAIRS 0.00 52,550.00TOTAL CHECK 0.00 49,922.5010100 130197 08/07/19 CHEMPROL CHEM PRO LABORATORY INC 0014093 WATER TREATMENT SVCS 0.00 155.0010100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2018-20 0.00 11.8310100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2018-51 0.00 11.8310100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2017-169 0.00 575.0010100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2017-126 0.00 674.3310100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2016-105 0.00 747.5010100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2016-105 0.00 1,382.506.3.bPacket Pg. 27 SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2015-528 0.00 1,940.8610100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2018-227 0.00 377.0010100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2017-138 0.00 402.5010100 130198 08/07/19 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2016-216 0.00 115.00TOTAL CHECK 0.00 6,238.3510100 130199 08/07/19 DENNISCA CAROL A DENNIS 0015210 PROF.SVCS-PLNG COMM 0.00 25.0010100 130199 08/07/19 DENNISCA CAROL A DENNIS 0015210 PROF.SVCS-PLNG COMM 0.00 25.0010100 130199 08/07/19 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-CNCL MTG 0.00 200.00TOTAL CHECK 0.00 250.0010100 130200 08/07/19 DEPTOFTR DEPT OF TRANSPORTATION 0015554 TRAFFIC SIGNAL MAINT 0.00 6,412.6810100 130201 08/07/19 DOGGIEWA DOGGIE WALK BAGS INC 1155515 SUPPLIES-DOGGIE BAGS 0.00 886.9610100 130202 08/07/19 OGBELAWR DR LAWRENCE OGBECHIE 001 REFUND-OVER PAYMENT 0.00 500.0010100 130203 08/07/19 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-JUL 0.00 310.0010100 130204 08/07/19 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT SVCS-C/HLL 0.00 121.7310100 130204 08/07/19 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT SVCS-C/HLL 0.00 476.0010100 130204 08/07/19 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MONTHLY MAINT SVCS-CH 0.00 1,006.00TOTAL CHECK 0.00 1,603.7310100 130205 08/07/19 EMPIREFL EMPIRE FLOOR COVERING IN 0015556 FLOORING PROJ-PANTERA 0.00 236.2610100 130206 08/07/19 FARAGOFR FRANK A FARAGO 0015210 PLNG COMM-JULY 0.00 130.0010100 130207 08/07/19 FEHRPEER FEHR & PEERS 0015551 SR57/60 PROJ-JUNE 19 0.00 2,804.8510100 130208 08/07/19 FRANCHIS FRANCHISE TAX BOARD 001 P/R WITHHOLDING ORDER 0.00 177.5010100 130209 08/07/19 HARRMARI MARIA ANGELA HARRINGTON 001 FACILITY REFUND-DBC 0.00 1,345.0010100 130210 08/07/19 HERNMERC MERCEDES HERNANDEZ 001 FACILITY REFUND-HRTGE 0.00 97.5010100 130211 08/07/19 IVHS HUMANE SOCIETY OF POMONA 0114010 TEE SIGN SPONSORS 0.00 300.0010100 130211 08/07/19 IVHS HUMANE SOCIETY OF POMONA 0114010 HAZARD SPONSORS 0.00 200.00TOTAL CHECK 0.00 500.0010100 130212 08/07/19 ICGINC ICG INC 2505556 SUNSET XING PROJECT 0.00 718.0010100 130212 08/07/19 ICGINC ICG INC 2505556 HERITAGE PK PROJECT 0.00 718.00TOTAL CHECK 0.00 1,436.0010100 130213 08/07/19 IMEGCORP IMEG CORP 2505556 EROSION & TRAIL REPRS 0.00 29,760.0010100 130213 08/07/19 IMEGCORP IMEG CORP 2505310 CONSULTANT SVCS-JUNE 0.00 2,152.00TOTAL CHECK 0.00 31,912.0010100 130214 08/07/19 JKCONSTR JK CONSTRUCTION 125 RETENTIONS PAYABLE 0.00 1,000.0010100 130215 08/07/19 KERTLAND KERTLAND ROOFING INC 001 REFUND-C/D DEPOSIT 0.00 250.006.3.bPacket Pg. 28 SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130216 08/07/19 KUMARPAR PARVEEN KUMAR 001 FACILITY REFUND-DBC 0.00 247.5010100 130217 08/07/19 LOWES LOWE’S BUSINESS ACCOUNT 0015556 SUPPLIES-PARKS 0.00 593.0910100 130218 08/07/19 MATTIERI RICK RAYMOND MATTIE 0014095 CAMERA OPERATOR-CNCRT 0.00 1,500.0010100 130219 08/07/19 MCECORPO MCE CORPORATION 1385538 MONTHLY LANDSCAPE MAI 0.00 5,002.0010100 130219 08/07/19 MCECORPO MCE CORPORATION 1415541 MONTHLY LANDSCAPE MAI 0.00 5,673.0010100 130219 08/07/19 MCECORPO MCE CORPORATION 1395539 MONTHLY LANDSCAPE MAI 0.00 17,373.00TOTAL CHECK 0.00 28,048.0010100 130220 08/07/19 MNSENGIN MNS ENGINEERS INC 2505510 DESIGN SVCS-DBB STSCP 0.00 10,386.3210100 130221 08/07/19 MOKKENNE KENNETH L MOK 0015210 PLNG COMM-JULY 0.00 65.0010100 130222 08/07/19 NINYOMOO NINYO & MOORE INC 0015551 CONSULTANT SVCS-JUNE 0.00 19,228.0010100 130223 08/07/19 NRPA NRPA 0015350 ANNL NRPA MEMBERSHIP 0.00 675.0010100 130224 08/07/19 OHCOFCA OCCUPATIONAL HEALTH CENT 0014060 PRE-EMPLYMNT PHYSICAL 0.00 239.0010100 130225 08/07/19 PAIGEJOH JOHN PAIGE 001 FACILITY REFUND-S/CYN 0.00 100.0010100 130226 08/07/19 PEDRMARY MARY PEDROZA 001 FACILITY REFUND-S/CYN 0.00 100.0010100 130227 08/07/19 RAWLINGS WILLIAM AUSTIN RAWLINGS 0015210 PLNG COMM-JULY 0.00 130.0010100 130228 08/07/19 RKACONSU RKA CONSULTING GROUP 0015220 BLDG & SFTY SVCS-JUNE 0.00 68,363.3010100 130229 08/07/19 SALAZARV VINCENT SALAZAR 001 RECREATION REFUND 0.00 200.0010100 130230 08/07/19 SGVCSC SAN GABRIEL VALLEY CONSE 1155515 ACE HARDWARE CLEAN UP 0.00 300.0010100 130231 08/07/19 SARINANA ANTHONY SARINANA 0014095 CAMERA SVCS-CONCERTS 0.00 1,600.0010100 130232 08/07/19 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 878.1210100 130232 08/07/19 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 223.1410100 130232 08/07/19 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 121.46TOTAL CHECK 0.00 1,222.7210100 130233 08/07/19 SCHORRME SCHORR METALS INC 0015556 SUPPLIES-PARKS 0.00 64.8210100 130234 08/07/19 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 430.0010100 130234 08/07/19 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 475.0010100 130234 08/07/19 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 575.00TOTAL CHECK 0.00 1,480.0010100 130235 08/07/19 SKILLPAT SKILLPATH SEMINARS 0015350 TRNG-C VARGAS 0.00 199.0010100 130235 08/07/19 SKILLPAT SKILLPATH SEMINARS 0015350 TRNG-M WEEKS 0.00 199.0010100 130235 08/07/19 SKILLPAT SKILLPATH SEMINARS 0015350 TRNG-E RIVERO 0.00 199.00TOTAL CHECK 0.00 597.006.3.bPacket Pg. 29 SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 165.6210100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 123.0310100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 344.3310100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 274.7110100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 81.5410100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 0.9310100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 12.4110100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 0.6710100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 1.3410100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 19.8310100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 57.6310100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 113.4910100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 2,361.5710100 130236 08/07/19 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS-T/CONTROL 0.00 13,642.25TOTAL CHECK 0.00 17,199.3510100 130237 08/07/19 SPARKLET SPARKLETTS 0015556 ENERGY SURCHARGE 0.00 5.5410100 130237 08/07/19 SPARKLET SPARKLETTS 0015556 EQ RENTAL-S/CYN 0.00 12.0010100 130237 08/07/19 SPARKLET SPARKLETTS 0015556 WATER SUPPLIES 0.00 52.45TOTAL CHECK 0.00 69.9910100 130238 08/07/19 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 1,040.0010100 130239 08/07/19 SUNSSENI SUNSHINE SENIOR ASSOCIAT 001 FACILITY REFUND-S/CYN 0.00 100.0010100 130240 08/07/19 TANNAHIM HIMANSHU TANNA 0014095 CAMERA SVCS-CONCERTS 0.00 1,250.0010100 130241 08/07/19 THECHURC THE CHURCH IN DIAMOND BA 001 FACILITY REFUND-REAGA 0.00 100.0010100 130242 08/07/19 SGVT THE SAN GABRIEL VALLEY N 001 LEGAL ADS-PL 2018-51 0.00 605.0010100 130242 08/07/19 SGVT THE SAN GABRIEL VALLEY N 1415541 LEGAL ADS-ASSESSMNTS 0.00 1,352.0010100 130242 08/07/19 SGVT THE SAN GABRIEL VALLEY N 1395539 LEGAL ADS-ASSESSMNTS 0.00 1,358.0010100 130242 08/07/19 SGVT THE SAN GABRIEL VALLEY N 1385538 LEGAL ADS-ASSESSMNTS 0.00 1,442.00TOTAL CHECK 0.00 4,757.0010100 130243 08/07/19 WINDMILL THE WINDMILL 0014095 ADS-MAY/JUNE 2019 0.00 1,200.0010100 130244 08/07/19 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-F/SYS 0.00 22,350.0010100 130245 08/07/19 USBANK US BANK 0014050 CITY CREDIT CARD-MAR 0.00 26,136.0410100 130245 08/07/19 USBANK US BANK 0014050 CITY CREDIT CARD-JULY 0.00 24,747.2610100 130245 08/07/19 USBANK US BANK 0014050 LATE FEES 0.00 61.50TOTAL CHECK 0.00 50,944.8010100 130246 08/07/19 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,449.5110100 130247 08/07/19 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES-PARKS 0.00 60.5210100 130248 08/07/19 WAXIESAN WAXIE SANITARY SUPPLY 0015556 SUPPLIES-PARKS 0.00 48.9210100 130248 08/07/19 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 373.1410100 130248 08/07/19 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 442.1510100 130248 08/07/19 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 448.356.3.bPacket Pg. 30 SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130248 08/07/19 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 475.82TOTAL CHECK 0.00 1,788.3810100 130249 08/07/19 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-JULY 0.00 2,458.5010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-GARDENA/RW 0.00 360.0010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM SVCS 0.00 510.6010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COUNCIL 0.00 1,443.0010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-P/WORKS 0.00 1,465.2010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-CMGR 0.00 4,707.9810100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM DEV 0.00 7,045.3810100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-MILLENNIUM 0.00 20,562.2710100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-I.T. 0.00 22.2010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-T/HERMANOS 0.00 66.6010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-FINANCE 0.00 133.2010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-PL 2015-43 0.00 44.4010100 130250 08/07/19 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-PL 18-242 0.00 44.40TOTAL CHECK 0.00 36,405.2310100 130251 08/07/19 YSTECHNO Y&S TECHNOLOGIES INC 5304070 EXTENDED BATTERY MODU 0.00 16,563.0010100 130252 08/14/19 ABSOSECU ABSOLUTE SECURITY INTERN 0015333 SECURITY GUARD SVCS 0.00 2,056.2510100 130253 08/14/19 AGIACADE ANCOM GROUP INC 0015350 CONTRACT CLASS-SUMMER 0.00 1,734.0010100 130254 08/14/19 BARRETTT THOMAS BARRETT 0015350 CONTRACT CLASS-SUMMER 0.00 300.0010100 130255 08/14/19 BAUMANNL LINDA BAUMANN 001 RECREATION REFUND 0.00 40.0010100 130256 08/14/19 BISHOPJO JOHN E BISHOP 0015350 CONTRACT CLASS-SUMMER 0.00 192.0010100 130257 08/14/19 BREAUXKA KATHY BREAUX 0015350 CONTRACT CLASS-SUMMER 0.00 297.0010100 130258 08/14/19 CALDANGE ANGELICA CALDERON 001 FACILITY REFUND-DBC 0.00 1,452.5010100 130259 08/14/19 CAROLPRO CAROLWOOD PRODUCTIONS 0014030 TRNG SVCS-C/CLERK 0.00 555.0010100 130260 08/14/19 CASPERSD CASPERS DEMOLITION 001 REFUND-C/D DEPOSIT 0.00 250.0010100 130261 08/14/19 CASPERSD CASPERS DEMOLITION 001 REFUND-C/D DEPOSIT 0.00 250.0010100 130262 08/14/19 CHARTER CHARTER OAK GYMNASTICS, 0015350 CONTRACT CLASS-SUMMER 0.00 752.4010100 130263 08/14/19 COMMDEVE COMMUNITY DEVELOPMENT CO 125 HIP LOAN REPAYMENT 0.00 7,330.0010100 130264 08/14/19 CONTLIZB LIZBETH CONTRERAS 001 FACILITY REFUND-PTRSN 0.00 100.0010100 130265 08/14/19 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-CNCL MTG 0.00 100.0010100 130265 08/14/19 DENNISCA CAROL A DENNIS 0015350 PROF.SVCS-P & R COMM 0.00 100.00TOTAL CHECK 0.00 200.0010100 130266 08/14/19 DEPTOFJU DEPARTMENT OF JUSTICE 0014060 PROF.SVCS-H/R 0.00 160.006.3.bPacket Pg. 31 SUNGARD PENTAMATION INC PAGE NUMBER: 6DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130267 08/14/19 DKS DKS ASSOCIATES 0015551 ON CALL T/ENG SVC-JUN 0.00 14,999.5410100 130268 08/14/19 FLORESJO JOSE FLORES 001 FACILITY REFUND-HRTGE 0.00 500.0010100 130268 08/14/19 FLORESJO JOSE FLORES 001 FACILITY REFUND-HRTGE 0.00 300.00TOTAL CHECK 0.00 800.0010100 130269 08/14/19 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-EMER PH LINES 0.00 775.0010100 130269 08/14/19 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 352.72TOTAL CHECK 0.00 1,127.7210100 130270 08/14/19 GST4454 GIRL SCOUTS OF GREATER L 001 FACILITY REFUND-REAGA 0.00 100.0010100 130271 08/14/19 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 CONSULTANT SVCS-C/VW 0.00 348.0010100 130272 08/14/19 GOMERGER GERALD L GOMER 0015554 STAFF SHIRTS-P/WORKS 0.00 229.9510100 130273 08/14/19 HARDYHAR HARDY & HARPER INC 0015554 ROAD MAINT SVCS-PARKS 0.00 18,620.0010100 130274 08/14/19 HDLCOREN HDL COREN & CONE 0014050 CONTRACT SVC-PRPTY TX 0.00 3,347.6410100 130275 08/14/19 HOFFMANS HOFFMAN SOUTHWEST CORP 0014093 BLDG MAINT-CITY HALL 0.00 260.0010100 130276 08/14/19 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015554 SUPPLIES-ROAD MAINT 0.00 206.0010100 130277 08/14/19 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 PROF.SVCS-STORMWATER 0.00 1,222.5010100 130278 08/14/19 JOYLIVIN JOY LIVING INVESTMENT LL 001 GRADING BOND REFUND 0.00 120,000.0010100 130279 08/14/19 KLEINGAB GABRIELA KLEIN 0015350 CONTRACT CLASS-SUMMER 0.00 672.6010100 130280 08/14/19 LOOMIS LOOMIS 0014050 COURIER SVCS-FINANCE 0.00 635.3810100 130280 08/14/19 LOOMIS LOOMIS 0015333 COURIER SVCS-DBC 0.00 635.38TOTAL CHECK 0.00 1,270.7610100 130281 08/14/19 LUUDUCDU DUC DUY LUU 001 REFUND-C/D DEPOSIT 0.00 250.0010100 130282 08/14/19 MARUCAJO CHARLES MARUCA 001 REFUND-C/D DEPOSIT 0.00 250.0010100 130283 08/14/19 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY SVCS-JUL 0.00 271.9610100 130283 08/14/19 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL 0.00 13,447.78TOTAL CHECK 0.00 13,719.7410100 130284 08/14/19 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 2,121.0010100 130284 08/14/19 METROLIN METROLINK 1125553 CITY SUBSIDY-SR 0.00 2,121.0010100 130284 08/14/19 METROLIN METROLINK 1125553 CITY SUBSIDY-JULY 0.00 8,317.4010100 130284 08/14/19 METROLIN METROLINK 1125553 METROLINK PASSES-JULY 0.00 33,269.60TOTAL CHECK 0.00 45,829.0010100 130285 08/14/19 MBCLLC MICHAEL BALLIET CONSULTI 1155515 CONSULTANT SVCS-JUNE 0.00 5,040.0010100 130286 08/14/19 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015556 CYLINDER ARGON 0.00 8.006.3.bPacket Pg. 32 SUNGARD PENTAMATION INC PAGE NUMBER: 7DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130286 08/14/19 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 SUPPLIES-HELIUM 0.00 90.00TOTAL CHECK 0.00 98.0010100 130287 08/14/19 MOONEYMA MARLENE RAMIREZ MOONEY 0015350 CONTRACT CLASS-SUMMER 0.00 216.0010100 130288 08/14/19 MURALLES IRMA MURALLES 001 FACILITY REFUND-HRTGE 0.00 100.0010100 130289 08/14/19 OHCOFCA OCCUPATIONAL HEALTH CENT 0014060 PRE-EMPLYMNT PHYSICAL 0.00 239.0010100 130290 08/14/19 PSI PROTECTION ONE INC 0015556 ALARM SVCS-S/CYN PK 0.00 157.0510100 130291 08/14/19 PYROCOMM PYRO COMM SYSTEMS INC 0015333 ALARM SVCS-DBC 0.00 135.0010100 130292 08/14/19 RFDICKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS-JULY 0.00 11,765.9210100 130293 08/14/19 RAGINGWA RAGING WATERS SAN DIMAS 0015350 EXCURSION-DAY CAMP 0.00 119.0010100 130294 08/14/19 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 95.9910100 130294 08/14/19 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 1,065.5310100 130294 08/14/19 SCFUELS SC FUELS 5205230 FUEL-CODE ENFOR 0.00 168.5610100 130294 08/14/19 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 333.39TOTAL CHECK 0.00 1,663.4710100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 92.0710100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-T/CONTROL 0.00 10.4210100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 410.1110100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS-DBC 0.00 9,199.6310100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-PARKS 0.00 4,033.4310100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 831.5410100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 122.0810100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 24.2110100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 69.1210100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 89.8110100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 6.1810100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 260.7510100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 217.6310100 130295 08/14/19 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS-DIST 39 0.00 225.19TOTAL CHECK 0.00 15,592.1710100 130296 08/14/19 ADELPHIA SPECTRUM BUSINESS 0014070 DATA EQUIP SVCS-C/HLL 0.00 104.7910100 130296 08/14/19 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-DBC 0.00 112.4810100 130296 08/14/19 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE PK 0.00 264.9810100 130296 08/14/19 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-CITY HALL 0.00 616.98TOTAL CHECK 0.00 1,099.2310100 130297 08/14/19 STERICYC STERICYCLE INC 1155515 LATE FEE CHARGES 0.00 5.5810100 130298 08/14/19 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS-SUMMER 0.00 6,662.6010100 130299 08/14/19 THECOMDY THE COMDYN GROUP INC 0014070 GIS SUPPORT SVCS-MAR 0.00 1,557.3910100 130299 08/14/19 THECOMDY THE COMDYN GROUP INC 0014070 GIS SUPPORT SVCS-AUG 0.00 1,032.59TOTAL CHECK 0.00 2,589.986.3.bPacket Pg. 33 SUNGARD PENTAMATION INC PAGE NUMBER: 8DATE: 08/14/2019 CITY OF DIAMOND BAR ACCTPA21TIME: 09:48:04 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20190801 00:00:00.000’ and ’20190814 00:00:00.000’ACCOUNTING PERIOD: 2/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 130300 08/14/19 TAITDAVI THE TAIT GROUP INC 0015551 CONSULTANT SVCS-57/60 0.00 3,710.8710100 130301 08/14/19 HASLERIN TOTAL FUNDS BY HASLER 0014030 POSTAGE SVCS-C/CLERK 0.00 5,000.0010100 130301 08/14/19 HASLERIN TOTAL FUNDS BY HASLER 0014030 FLEXLIMIT PROTECTION 0.00 10.00TOTAL CHECK 0.00 5,010.0010100 130302 08/14/19 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 CONTRACT CLASS-SUMMER 0.00 540.0010100 130303 08/14/19 TYLERTEC TYLER TECHNOLOGIES INC 5304070 ERP SYS-FINANCE 0.00 700.0010100 130303 08/14/19 TYLERTEC TYLER TECHNOLOGIES INC 5304070 ERP SYS-FINANCE 0.00 12,706.00TOTAL CHECK 0.00 13,406.0010100 130304 08/14/19 URMINC UNITED RECORDS MANAGEMEN 0014070 STORAGE BACK-UP TAPES 0.00 594.0010100 130305 08/14/19 VIDIFLOL VIDIFLO LLC 0014095 FIELD ENG SVCS-JULY 0.00 400.0010100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 116.3610100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 9,392.5810100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 10,808.9910100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 0015556 WATER SVCS-PARKS 0.00 30,730.0910100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 3,249.1610100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-CITY HALL 0.00 904.2610100 130306 08/14/19 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS-DBC 0.00 420.53TOTAL CHECK 0.00 55,621.9710100 130307 08/14/19 WARRENCR WARREN CROSS ROOFING INC 001 REFUND-C/D DEPOSIT 0.00 250.0010100 130308 08/14/19 YMCAORAN YMCA OF ORANGE COUNTY 0015350 EXCURSION-DAY CAMP 0.00 168.0010100 130309 08/14/19 YMCAORAN YMCA OF ORANGE COUNTY 0015350 EXCURSION-DAY CAMP 0.00 166.0010100 130310 08/14/19 ZOZAYARA RANDY ZOZAYA 001 FACILITY REFUND-S/CYN 0.00 100.00TOTAL CASH ACCOUNT 0.00 845,592.61TOTAL FUND 0.00 845,592.61TOTAL REPORT 0.00 845,592.616.3.bPacket Pg. 34 Agenda #: 6.4 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CANCELLATION OF SEPTEMBER 3, 2019 CITY COUNCIL MEETING STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adjourn the August 20, 2019 City Council meeting to September 17, 2019. FINANCIAL IMPACT: None. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for September 3, 2019. There will be no pressing matters or public hearings scheduled and therefore adjourning the meeting will not cause the City any hardship. Should the City Council concur, it is recommended that the Mayor, at the end of the August 20, 2019 City Council Meeting, adjourn said Council meeting to September 17, 2019. PREPARED BY: 6.4 Packet Pg. 35 REVIEWED BY: 6.4 Packet Pg. 36 Agenda #: 6.5 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE AGREEMENT WITH CIVIC PLUS FOR THE IMPLEMENTATION OF A CUSTOMER REQUEST MANAGEMENT SYSTEM THROUGH AUGUST 31, 2021. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve and authorize the Mayor to sign the Second Amendment to the Professional Services Agreement with Civic Plus and authorize the City Manager to sign the contract amendment Statement of Work. FINANCIAL IMPACT: The amended total not-to-exceed amount of the Agreement for the 2019-20 fiscal year would increase by $14,340. Sufficient funds are included in the 2019-20 fiscal year Information Systems budget to cover the cost of such services. If the City wishes to continue beyond the initial 12-month term, the annual recurring cost for this service is $11,340 with an increase of three percent (3%) at the beginning of the third year of service. BACKGROUND/ANALYSIS: In 2016 the City Council approved an agreement with Civic Plus for the development and hosting of a new City website with the goal of enhancing transparency and increasing civic engagement. The CPC system is offered by Civic Plus making it fully integrated and accessible through the City’s website, facilitating two-way communication through its ease of use and the capability to allow staff to communicate with constituents in the manner in which they prefer or initiated the conversation. On a daily basis, residents submit dozens of requests for service via multiple methods of communication including in person, in writing, by phone or email, and/or smart phone app or web forms. Tracking and responding to these multiple requests is currently 6.5 Packet Pg. 37 completed across multiple departments in a decentralized manner by paper, email or department specific software. The proposed Civic Plus Connect 311 and Citizen Request Management Solution (CPC) offers a centralized database to manage and monitor all citizen communications, no matter how it was received, easily allowing for the distribution of tasks to the appropriate department and facilitate responses to ensure staff is able to track progress and provide timely updates to both internal and external customers. As a central hub for all communications, the system allows for the use of data collected to provide detailed analytics for customizable reporting to assess both citizen areas of interest as well as trends and topics of importance to the community that may be used to reallocate resources for budgeting purposes. Future scheduled product enhancements include a dedicated mobile application to allow staff to receive requests in real-time and provide immediate updates using a smartphone or tablet while in the field. The new CPC system would replace both the cu rrent outdated online citizen request management system, Request Partner/Cartegraph, that is no longer eligible for software updates or maintenance support by vendor, and the City’s mobile app (MyDB), combining them into one streamlined constituent portal available online and through any mobile device. If approved, the time frame for configuration, implementation and training is approximately thirteen weeks and anticipated t he new CPC system would be launched in late fall 2019. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 6.5 Packet Pg. 38 1. 6.5.a 2nd AMEND-CPConnect Civic Plus August 2019 2. 6.5.b Second Amendment with Civic Plus-CP Connect Exhibit A dated August 2019 6.5 Packet Pg. 39 1293503.1 SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT This Second Amendment to Consultant Services Agreement (“Second Amendment”) is made and entered into as of August 1, 2019, by and between the City of Diamond Bar, a municipal corporation (“City”), and Civic Plus, a Kansas Corporation, (herein referred to as the “Consultant”) with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of December 20, 2016, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Consultant entered into that certain First Amendment dated as of February 1, 2019, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Consultant desire to amend the Agreement as provided herein. 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 and First Amendment, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Term. The Term of the Original Agreement as set forth in Section 2 th erein is from February 1, 2017 to February 1, 2019. The First Amendment extends the Term up to and including February 1, 2020. The Second Amendment extends the Term up to and including August 31, 2021. 4 Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of sixty-eight thousand, seven hundred and nine- teen Dollars ($68,719). Section 3 of the First Amendment amended Section 3 of the Original Agreement to provide for an increase of sixteen thousand, three hundred and thirty-three dollars and thirty-six cents ($16,333.36), so that the total not to exceed compensation, as amended by the First Amendment shall not exceed the sum of eight-five thousand, fifty-two dollars and thirty-six cents ($85,052.36). The Second Amendment 6.5.a Packet Pg. 40 amends Section 3 of the Original Agreement to provide for an increase of fourteen thousand, three hundred and forty dollars ($14,340), so that the total not to exceed compensation, as amended by this Second Amendment, shall not exceed ninety-nine thousand, three hundred and ninety-two dollars and thirty-six cents ($99,392.36) without the prior authorization of the City. 5. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the 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 Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONSULTANT” “CITY” Civic Plus CITY OF DIAMOND BAR *By: By: Printed Name: Title: *By: ATTEST: Printed Name: Title: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney 6.5.a Packet Pg. 41 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 1 of 2 1.Performance and payment under this CP Connect Statement of Work (“SOW”) shall be subject to the terms and conditions of the Master Services Agreement by and between Diamond Bar, California (“Client”) and CivicPlus, to which this SOW is hereby attached as an Exhibit. 2.This SOW shall remain in effect for an initial term of one year (12 months) from signing. In the event that neither party gives 60 days’ notice to terminate prior to the end of the initial or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). 3.The Total Fees Year 1 (the sum of One Time Costs and Recurring Costs)will be invoiced at signing of this SOW. All Renewal Term Annual Services (Recurring Costs) shall be invoiced on the anniversary of the date of signature of relevant calendar years. Annual Services will be subject to a 3% annual increase beginning on the third year of service. Q-02301-2Quote #: Date: Expires On: Product: 4/2/2019 9:49 PM 8/31/2019 CP Connect CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Ship To Marsha Roa Diamond Bar CA - CP Connect Bill To Diamond Bar CA - CP Connect SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Paul Cowan x cowan@civicplus.com Net 30 Exhibit A.1 - Statement of Work QTY Product Name DESCRIPTION TOTAL 1.00 CP Connect Annual Fee CP Connect Base Annual Fee $2,700.00 1.00 CP Connect Standard Implementation CP Connect Implementation and Initial Training $3,000.00 1.00 CP Connect Named User Annual Fee CP Connect User (per User per Year)$8,640.00 TOTAL:$14,340.00 Total Days of Quote:365 One Time Costs $3,000.00 Recurring Costs $11,340.00 * Recurring Costs stated herein are based upon the number of days stated above Upon renewal of this SOW, the Recurring Costs will reflect a 365 day calendar year. Exhibit A - Agreement Second Amendment dated August 2019 6.5.b Packet Pg. 42 4.The Annual Fee herein is for the maximum of 25 users. Client may purchase additional licenses for individual users (“User Licenses”) for $432 annually each at anytime upon notice and payment for such additional users. 5.Upon purchase of additional User Licenses, Clients Annual Services fee shall be increased from the time of purchase, reflecting the additional User Licenses and prorated to align with the Client’s billing cycle. 6.Client understands that CP Connect does not collect, and discourages Client from collecting, any personally identifiable information (“PII”) of the requesting citizens. In the event Client does collect PII, Client, and not CivicPlus, shall be solely responsible for the collection of such PII. 7.Client allows CivicPlus to display a “Government Websites by CivicPlus” insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this SOW assumes such perpetual permission. 8.The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. 9.Client agrees to use CP Connect service (the “Service”) in ways that conform to all applicable laws and regulations. Client agrees not to make any attempt to gain unauthorized access to any of CivicPlus’ systems or networks. Client agrees that CivicPlus shall not be responsible or liable for the content of messages created by Client, or by those who access Service, or otherwise delivered by Service on behalf of Client. 10.CivicPlus does not own any data, information or material that Client, or its constituents, submit to the Service in the course of using the Service (“Client Data”). Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and CivicPlus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. CivicPlus reserves the right to withhold, remove and/ or discard Client Data without notice for any breach, including, without limitation, Client’s non-payment. Upon termination for cause, Client’s right to access or use Client Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Client Data. 11.CivicPlus will provide unlimited telephone support Monday-Friday, 7:00 am – 7:00 pm (Central Time) excluding holidays, for authorized callers. Client is responsible for providing CivicPlus with authorized caller contact updates. 12.Support includes providing technical support and technical maintenance of the CP Connect software. Following initial setup, additional setup support may be contracted separately for an additional fee. 13.During the period of this SOW and subsequent annual renewals, CivicPlus warrants that it will, without additional charge to the Client, take action to correct any problems or defects discovered in the CP Connect software and reported to CivicPlus by the Client, such warranty to include ongoing maintenance upgrades and technical error correction. 14.TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVICPLUS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH CLIENT’S USE OF CP CONNECT. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION. 15.Each party represents and warrants that it has the legal power and authority to enter into this Agreement. This Service is provided on an “AS-IS” basis without warranty (express or implied, including merchantability, fitness for a particular purpose and non- infringement of third-party rights). CivicPlus will use commercially reasonable efforts to maintain continuous access but will not be responsible for events beyond CivicPlus’ control. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ CivicPlus By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 2 of 2 6.5.b Packet Pg. 43 Agenda #: 6.6 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SPECIAL EVENTS COMMITTEE STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Dissolve the Special Events Committee. FINANCIAL IMPACT: None. BACKGROUND/ANALYSIS: The City Council established the Special Events Committee and appointed Council Members Herrera and Lyons at the June 5, 2018 City Council meeting to review the variety of public events hosted by the City and make event mo dification recommendations to the Council at a future meeting. This Committee was tasked to find a balance of community-based events and resident recognition while serving as responsible stewards of public resources outlined in the Strategic Plan. At the August 6, 2019 City Council meeting, Mayor Herrera indicated that the Committee has fulfilled their goal and requested an agenda item be prepared for the Council to consider dissolving the Committee. Council Members Herrera and Lyons were joined on the C ommittee with staff from both the Parks & Recreation Department and City Manager's Office. City staff analyzed existing special event goals, budgets, attendance, and resident feedback to identify opportunities for improvements, collaboration, and additional financial prudency. In addition, staff remained cognizant of the strategic plan goal of implementing initiatives supportive of a healthy/active Diamond Bar. The Committee met on August 22, 2018, October 3, 2018, and July 26, 2019 to thoroughly discuss and analyze existing events, recognition opportunities, and potential 6.6 Packet Pg. 44 improvements. These discussions and City Council approval resulted in the savings of approximately $145,000 general fund dollars, streamlined events, and improved resident recognition processes. Based on the successful completion of the Committee’s goals over the past year, it is recommended the City Council formally dissolve the Special Events Committee. City staff thanks the Committee for their dedication and has clear direction f or future special events and recognition revisions. PREPARED BY: REVIEWED BY: 6.6 Packet Pg. 45 Agenda #: 6.7 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTANT SERVICES AGREEMENT WITH RKA CONSULTING GROUP, INC. FOR THE DESIGN OF RESIDENTIAL & COLLECTOR STREETS REHABILITATION (AREAS 1 AND 2) AND ARTERIAL STREETS REHABILITATION (DIAMOND BAR BOULEVARD FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY), (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO LEMON AVENUE) PROJECT AND THE DESIGN OF AREA 1 RESIDENTIAL NEIGHBORHOOD ADA CURB RAMPS IMPROVEMENTS PROJECT. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Mayor to sign, the Consultant Services Agreement with RKA Consulting Group, Inc., in the amount of $238,890, plus a contingency amount of $23,889 for a total authorization amount of $262,779. FINANCIAL IMPACT: Sufficient funds are included in the FY 2019-2020 Capital Improvement Program budget and the Contract Services Engineering budget. Funds for the projects are as follows: Residential and Collector Street, and Arterial Street (Design) and; Area 1 ADA Curb Ramps (Design) Design Budget Encumbrance / Expenses Balance Measure M (#1420) $100,000 $100,000 Prop C (#1420) $200,000 $300,000 CS-Engineering (#60206919) $18,000 $318,000 Consultant Services for Design ($238,890) $79,110 Consultant Services for Design Contingency (10%) ($23,889) $55,221 Balance $55,221 6.7 Packet Pg. 46 BACKGROUND: The project will complete the design of this year’s residential and arterial road rehabilitation projects, the design for the next two (2) years of arterial and residential road rehabilitation projects, and the design of this year’s ADA curb ramp improvement project. The City typically completes the design of the annual road rehabilitation project within one year of the construction start date. The City can reduce delays, save time and money on consultant services, by bundling three (3) years of road rehabilitation design work into one project, resulting in shelf -ready plans and specifications for advertisement to hire contractors. This is a common practice among public agencies within our region. DISCUSSION: The project’s objectives are to complete approximately 12 centerline miles of residential and collector streets with slurry seal, chip seal, and asphaltic concrete (AC) overlay, to remove/repair isolated damaged AC pavement as determined by field conditions in Areas 1 and 2 which are the next areas scheduled for street rehabilitation, and to rehabilitate three (3) sections of arterials which include Diamond Bar Boulevard f rom Pathfinder Road to Mountain Laurel Way, Golden Springs Drive from Brea Canyon Road to Lemon Avenue, and Golden Springs Drive from Grand Avenue to Brea Canyon Road. As discussed in the attached consultant’s proposal (Attachment 1) and shown on the location maps (Attachments 2, 3 and 4), the project will include a field investigation, utility coordination, pavement analysis, preparation of plans and specifications, and construction support. Six (6) proposals were received for engineering design services in response to the City’s Request for Proposals (RFP). The following firms submitted proposals: AMN, Inc., KCG, Inc., KOA Corp., Onward Engineering, Inc., RKA Consulting Group, Inc, and Tait & Associates, Inc. The proposals were reviewed and evaluated based on: 1) General responsiveness to the City’s RFP 2) Staff and firm experience with projects in similar size and scope 3) Approach/methodology 4) Hours and level of effort 5) Ability to meet the City’s schedule and expectations 6) References Staff reviews proposals for consultant services on a qualification-based approach. The criteria above were developed to asses a firm’s ability to provide a high -quality product that meets the City’s standards. For road rehabilitation and ADA ramp projects a quality product means plans, specs and estimates that are carefully produced to provide the highest safety standard and an approach that takes into account long-term maintenance. High-quality construction plans have been known to yield savings in the immediate construction of the project as well as long-term maintenance costs. 6.7 Packet Pg. 47 In consideration of the six (6) criteria mentioned above, staff determined that the best qualified firm for this project is RKA Consulting Group, Inc. They submitted a thorough proposal for design which detailed their methodology and approach clearly while identifying critical strategies that have been tailored specifically to these projects. They conducted a field investigation identifying several key areas that would require special attention. Additionally, RKA Consulting Group, Inc. has provided consulting services on various projects for the City and have a proven track record. In accordance with Section 3.24.070(a)(2) of the Municipal Code, contracts for professional services shall be awarded on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services at the best overall value to the City, and shall not be awarded solely on the lowest cost. This section is consistent with the Government Code governing contracts between public entities and private architectural/engineering firms. S pecifically prohibiting public agencies to utilize competitive bidding for professional services. Once the six proposals were ranked on the bas is of qualifications, and in reviewing the cost proposals submitted, staff examined the numbers and noted that four companies had proposed reasonable numbers, ranging from $210,000 to $255,000, while two other companies had submitted numbers that were very low (Tait and Associates at $147,035) to very high (KOA at $320,208). Tait’s proposal and fee lacked the detail work the project requires in terms of field investigation, hours allocated for plan design and hours allocated for construction support. Low hour allocation in these areas increase the probability of design errors that may lead to construction change orders. KOA’s proposal and fee included substantial testing of pavement and geotechnical services that are not necessary. The range of the fees pres ented by four companies are reasonable numbers for this project. Staff has concluded that RKA ’s proposal presents the best value for quality of service at a valid price. The table below lists the proposed fees from these professional engineering consultants: Consultant Fee Tait & Associates $147,035 KCG $209,880 AMN $233,935 RKA Consulting Group $238,890 Onward Engineering $254,980 KOA $320,208 6.7 Packet Pg. 48 The construction schedule for each project is consistent with the Pavement Management Plan as follows: Project Construction FY Area 1 Residential Neighborhood ADA Curb Ramps Improvements Project March-April 2020 19-20 Arterial Street Rehabilitation (Diamond Bar Boulevard from Pathfinder Rd to Mountain Laurel Way) April-May 2020 19-20 Residential & Collector Streets Rehabilitation (Area 1) Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon Avenue) July-August 2020 20-21 Residential & Collector Streets Rehabilitation (Area 2) Arterial Street Rehabilitation (Golden Springs Drive from Grand Avenue to Brea Canyon Road) July-August 2021 21-22 LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: (Pending Budget Approval) (Pending Budget Approval) 6.7 Packet Pg. 49 Attachments: 1. 6.7.a CONSULTING SERVICES AGREEMENT 2. 6.7.b Location Map - Areas 1 and 2 3. 6.7.c Location Map - Arterials 4. 6.7.d Location Map - ADA Ramps 6.7 Packet Pg. 50 1 Professional Services - Design 1292538.1 CONSULTING SERVICES AGREEMENT Design Professional THIS AGREEMENT (the "Agreement") is made as of August 20, 2019 by and between the City of Diamond Bar, a municipal corporation ("City") and RKA Consulting Group, Inc. a California corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the design services for the Residential & Collector Streets Rehabilitation (Area 1 and 2) and Arterial Streets Rehabilitation (Diamond Bar Boulevard from Pathfinder Road to Mountain Laurel Way), (Golden Springs Drive from Brea Canyon Road to Lemon Avenue), and (Golden Springs Drive from Grand Avenue to Brea Canyon Road), and Area 1 ADA Curb Ramp Projects set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Fabian Aoun, Associate Engineer (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect August 20, 2019, and shall continue until the work herein is completed unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed two hundred thirty eight thousand eight hundred ninety dollars ($238,890) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. 6.7.a Packet Pg. 51 2 Professional Services - Design 1292538.1 A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount invoiced the City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 6.7.a Packet Pg. 52 3 Professional Services - Design 1292538.1 C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. To the maximum extent permitted by Civil Code section 2782.8, Consultant shall indemnify and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractors; (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind; and (3) Any and all claims for loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 6.7.a Packet Pg. 53 4 Professional Services - Design 1292538.1 (4) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be 6.7.a Packet Pg. 54 5 Professional Services - Design 1292538.1 issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the 6.7.a Packet Pg. 55 6 Professional Services - Design 1292538.1 foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 6.7.a Packet Pg. 56 7 Professional Services - Design 1292538.1 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. 16. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work or as may otherwise be agreed to by and between the Project Manager and the Consultant. 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no 6.7.a Packet Pg. 57 8 Professional Services - Design 1292538.1 event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 6.7.a Packet Pg. 58 9 Professional Services - Design 1292538.1 “CONSULTANT” “CITY” RKA Consulting Group, Inc. City of Diamond Bar 398 Lemon Creek Drive, Suite E 21810 Copley Drive Walnut, CA 91789 Diamond Bar, CA 91765-4178 Attn.: David G. Gilbertson, Executive VP Attn.: David G. Liu, Director of Public Works/City Engineer Phone: 909-594-9702 Phone: 909-839-7038 E-Mail: dgilbertson@rkagroup.com E-mail: dliu@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" RKA CONSULTING GROUP, INC. CITY OF DIAMOND BAR By: By: Printed Name: Carrol Herrera, Mayor Title: By: ATTEST: Printed Name: Title: Tommye A. Cribbins, City Clerk Approved as to form: By:____ David A. DeBerry, City Attorney 6.7.a Packet Pg. 59 10 Professional Services - Design 1292538.1 *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (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. 6.7.a Packet Pg. 60 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement PROJECT UNDERSTANDING Three of the City’s proposed projects (Projects 1, 2, and 3) serve as a continuation of regular roadway surface maintenance in the City of which has been proven as a cost-effective ap- proach to maintaining or improving the City’s overall PCI rating. The fourth project to con- struct ADA ramps in Area 1 is a CDBG project funded by HUD which has some additional re- quirements the other three projects do not have. Outlined in this proposal are the summarized milestone tasks and the proposed approach to developing the improvement plans for the pro- ject scope of work. The approach on the four projects will be similar. Instead of repeating the same scope of work four times, a general scope of work is outlined below with project- specific items added as needed. Task 1 – Kick-off and Progress Meetings RKA will coordinate a kickoff meeting to take place no later than one week from the receipt of a notice to proceed. RKA’s project manager will review the project scope with the City to ensure critical details relating to the project design are captured in the early stages. This meeting will also review preliminary conceptual designs for the proposed project improve- ments. All four projects will be discussed at the kick-off meeting. Two additional meetings will be held for each of the projects as design progresses. Task 2 – Aerial Survey of Diamond Bard Blvd and Golden Springs Dr Through partnership with Kelsoe and Associates, RKA will utilize an aerial survey as the basis of design for the pavement and striping improvements on Diamond Bar Boulevard and Gold- en Springs Drive. The surveys will be 2-D, because the nature of the work does not require elevations. Task 3 – Field Review and Pavement Assessment In development of this proposal, RKA has conducted a field review of a portion of Area 1 and 2 streets and the limits of Diamond Bar Boulevard and Golden Springs Drive to observe the existing conditions and identify design consideration that will be required for an effective de- sign. Should RKA be selected for this project a more detailed approach will be undertaken to review every street’s condition to confirm the recommend improvements shown in the Pavement Management Plan. The findings from the field assessment will be used to develop proposed improvements that fit within the projects’ intended scopes and budgets. A significant majority of the streets located in Area 1 and 2 are in relatively fair condition and are reflective of streets that would qualify for application of a cape seal or slurry seal approach for maintenance. Golden Springs Drive and Diamond Bar Boulevard will require mill and overlays with areas of patching. While some localized points of failure were ob- PROJECT UNDERSTANDING Page 9 EXHIBIT A 6.7.a Packet Pg. 61 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement served, the overall area requiring a deep lift asphalt patch did was not excessive based on RKA’s past project experience. During the pavement assessment RKA will conduct field meas- urements of the streets to be repaired as well as develop a street specific inventory of the deep repair locations for use in developing the project quantities included in engineer’s esti- mate and bidder’s proposal form. Similarly, existing striping will be also be noted through aerial imagery and the field assessment. For Project 4 the locations of the 40 curb ramps will be assessed to determine the appropri- ate curb ramp for each location. In the hillside areas the existing longitudinal slopes will be checked to see if there will be design issues when trying to meet ADA. Some of the existing sidewalks are already steep without a curb ramp and will become steeper with the addition of a curb ramp. It is assumed that Case B ramps will be constructed in most locations, because it is unlikely that there is available right of way to construct Case A ramps. RKA will provide the City copies of field notes indicating areas of AC repair, PCC repair, and longitudinal slopes at the proposed curb ramp locations. Task 4 – Utility Coordination At the kick off of the design phase of this project, RKA will initiate utility coordination for the limits of each of the project areas. As builts will be obtained for the entire project area, and separate notices will be sent out for each of the four projects. The curb ramps in Area 1 will be constructed just before the pavement project, and it will be important to make sure the util- ity companies understand that there will be two projects in the same area. The initial notice for each project will cover all of the streets identified in the Area 1 and Area 2 limits, Diamond Bar Boulevard, and Golden Springs Drive. All of the notice letters will in- clude reference to the City pavement cut moratorium to provide documentation that adequate notice to the utilities present was provided prior to construction. Correspondence will be tracked and filed to ensure response is received from all noticed utilities. In the event there is a conflict, RKA will inform the City of the issue identified and provide support in identifying a resolution either through scheduling or other alternative approach. However, adequate notice time of the proposed projects should resolve or prevent such conflicts. Project 3 will be con- structed in 2021, so the utility coordination for this project will likely require an additional no- tice sent out in early 2021 to remind the utility companies of the upcoming project even if the design is completed at an earlier date. It is unlikely that any of the work in these four projects will require any relocation of utilities. There will be some manhole and valve adjustments, but the pavement repairs and curb ramps should have a minimal impact on the existing utilities. However, a final notice including a copy of the project plans will be sent to each utility company with facilities in the project area to complete the notice process. PROJECT UNDERSTANDING Page 10 6.7.a Packet Pg. 62 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement Obtaining as builts from the utility companies for 27 miles of streets will run in the thousands of dollars if RKA sends out the utility requests directly to the utility companies. The City can obtain the as builts for free as long as the requests come from the City and the responses are sent directly to the City. We can provide this work as an optional task, but we believe it will be more cost effective for RKA to develop all of the utility request letters, place them on City letterhead, and have the City sign the letters. RKA has also had positive results by emailing as built request letters to the utility companies. Often times responses are expedited from utility service planners using this approach. RKA will coordinate and track all aspects of the process, but a notable cost savings may be achieved if the City is the point of contact with the utility companies, not RKA. Task 5 – Design Plans, Specs, and Estimates Areas 1 (Project 2) and 2 (Project 3) To best convey the intended scope of work to the contractor in a cost-effective approach, RKA will develop maps of the area utilizing available City maps as the graphical basis. These maps will show the limits and type of work proposed as well as the approximate location of manhole and valve adjustments, and striping to be reinstalled. Underground utilities will not be shown on the plans. The type of repair and quantities will be summarized on spreadsheets in the appendices of the individual projects. If any of the existing cross gutters have grooves in the flowlines, the cross gutters will be replaced. If necessary, RKA will show locations of deep pavement repairs on the plans. Diamond Bar Boulevard (Project 1) and Golden Springs Drive (Projects 2 and 3) Utilizing the aerial surveys and right of way files, street improvement plans and striping plans will be developed at a scale of 1”=40’. Locations of deep AC repairs will be identified dur- ing the field investigation and shown on the plans. Based on the existing pavement conditions and significance of the street, RKA will work with City staff to provide recommended approaches to best improve the street within the project budgets. It is assumed that there are no proposed changes to the line and grade, therefore the project plans will be plan view only. Concrete improvements in need of repair or updat- ing will be identified in the project plans through use of referencing standard plans and limits of repair. Traffic signal improvement plans will not be developed as part of the project plan set. However, the pavement improvements are anticipated to impact the existing loop detec- tors where present in the pavement surface. Furthermore, implementing bicycle detection on the intersecting streets will also be triggered due to the scale of impact. Should the City choose to include new video detection systems or additional cameras in the project, it is easily addressed on the street plans and in the project specifications. PROJECT UNDERSTANDING Page 11 6.7.a Packet Pg. 63 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement The bike lanes on Diamond Bar Boulevard are approximately 11’ wide, and appear to be a shoulder available for parking versus an exclusive bike lane. While it would require more striping, it may be desirable to reduce the bike lane to 6’ wide and provide a striped buffer between the bike lanes and vehicular traffic. Signage for the existing bike lane is in need of refreshing and will be included. The bike lanes on Golden Springs Drive vary in width. Between Brea Canyon Road and Adel Avenue the bike lane on the south side of the street near the nursery serves as on-street park- ing. The width of the bike lane/parking varies between 10’ and 14’ wide. A consistent width of 14’ wide would allow 8’ parking and a 6’ bike lane but the existing features prevent this option. On the north side of the street adjacent to the In-N-Out, the bike lane effectively be- comes the queue to the driveway, forcing bicyclists into the vehicular lane. It may be desira- ble to modify the bike lanes from Class 2 to Class 3 at these locations. Eliminating parking on the south side and queueing on the north side is highly unlikely due to impacts to the business- es. Area 1 ADA Curb Ramps (Project 4) Area maps will be provided showing the location of the curb ramps that are to the construct- ed. At each location the type of curb ramp will be identified, but no additional information will be shown on the plans. The dimensions and lengths of each ramp will be developed in the field by the Contractor and City Inspector. It should be noted that the proposed curb ramps at some locations will be too steep to meet ADA, because the longitudinal slope currently exceeds 5% without a ramp. The goal is to meet ADA requirements, but the length of the ramps will be limited to 15’ even if the slope exceeds 8.3% per PROWAG and Caltrans Guidelines. RKA will identify the locations on the plans where the ramps will not meet ADA. In general, it is difficult to meet ADA when the ex- isting streets are steeper than 5%, however every effort will be made to achieve ADA acces- sibility within the noted criteria in this proposal. There are at least two locations (Happy Hollow Rd/Groom Dr and Happy Hollow Rd/Old Trail Dr) where curb ramps are to be constructed in Project 4 and the cross gutters have grooves that need to be removed in Project 2. We recommend completely removing and re- placing the cross gutter and curb ramps at the same time versus having a cold joint in the cross gutter. It would probably be easier to construct the cross gutter as part of Project 4. Remov- ing the ramps at these locations from the CDBG project would require additional coordination with the LACDA (formerly CDC). RKA will develop project specifications to encompass the work proposed for each of the four projects. The work quantified will be added into the City’s boilerplate bid documents for use in advertising the project to request bids from qualified contractors. RKA will also develop an PROJECT UNDERSTANDING Page 12 6.7.a Packet Pg. 64 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement estimate in conjunction with the project specifications and plan exhibits to complete the bid document package. The most recent version of the Green Book has under gone significant re- numbering of commonly referenced sections. RKA will review the City’s boiler plate specs to verify Green Book section references are updated in addition to making sure current labor compliance requirements are accurately referenced. Project 4 requires LACDA review and approval. Due to the anticipated project budget, it may trigger Section 3 requirements. The specifications will include all required LACDA/HUD documents. It is assumed that the City will be coordinating and obtaining design approval with the LACDA and will also coordinate the Section 3 pre-bid meeting should it be necessary. Plans will be in PDF format and transmitted to the City electronically via email at each submit- tal. The final set of plans will be full-size (24”x36”) prints delivered to the City along with the electronic submittal. The scale on the arterial street plans will be 1”=40’ for both the street improvement plans and the signing and striping plans. Traffic loops, where needed, will be shown on the signing and striping plans. The Area 1 and Area 2 residential street plans will be graphical in nature and will have a scale of 1”=100’. Pavement markings which generally consist of stop pavement markings, stop bars, and blue reflectors, will be shown on the resi- dential plans. There may be a few locations where a smaller scale plan will need to be de- veloped to provide more striping detail than can fit on a 1”=100’ plan. The Autocad files can also be provided to the City, if desired. The specifications will be in Microsoft Word for- mat, and the estimate will be in Excel format; both will be emailed to the City. Tasks 6 and 7 – Bid and Construction Phase Support RKA will provide bidding support during the advertisement period leading up to the bid opening. For Project 4, RKA will attend the Pre-Bid meeting which will most likely be required by the LACDA. Should there be any RFIs or questions that come up during the advertisement period, RKA will review immediately and respond to the City as quick as possible but no later than two business days of receipt of the question or RFI. If needed, RKA will also develop ad- denda and plan revisions to the project bid documents. During construction RKA will provide similar technical support in reviewing and responding to any questions or RFIs, reviewing material submittals, and interpreting the design documents. We anticipate issues with some of the curb ramps due to the difficulties attaining ADA. For Project 4, additional time will be needed in the field to provide the contractor direction where ADA cannot be met. RKA will not ask for additional compensation due to errors or omissions in either the plans or specifications. PROJECT UNDERSTANDING Page 13 6.7.a Packet Pg. 65 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement PROJECT SCHEDULING SECTION 5 6.7.a Packet Pg. 66 ID Task NameDuration Start Finish Predecessors1Notice to Proceed1 dayMon 8/5/19Mon 8/5/192Project Kick Off Meeting1 dayMon 8/12/19Mon 8/12/1913Aerial Survey31 daysMon 8/12/19Tue 9/24/192SS4Field Investigation15 daysMon 8/12/19Fri 8/30/192SS5First Utility Notice1 dayMon 8/19/19Mon 8/19/192SS685% Design33 daysTue 9/3/19Thu 10/17/194,3FF,5FF7Submit 85% Design1 dayFri 10/18/19Fri 10/18/1968City Review 85% Design10 daysMon 10/21/19Fri 11/1/1979100% Design13 daysMon 11/4/19Thu 11/21/19810Submit 100% Design1 dayFri 11/22/19Fri 11/22/19911City Review 100% Design13 daysMon 11/25/19Fri 12/13/191012Final PS&E14 daysMon 12/16/19Mon 1/6/201113Final Utility Notice1 dayMon 12/23/19Mon 12/23/1912SF14Advertise Project20 daysTue 1/7/20Tue 2/4/201215Award Project1 dayTue 2/18/20Tue 2/18/201416Construction40 daysMon 4/6/20Fri 5/29/2015162771829920112233142561728819301021314255162781930Jun 30, '19Jul 28, '19Aug 25, '19Sep 22, '19Oct 20, '19Nov 17, '19Dec 15, '19Jan 12, '20Feb 9, '20Mar 8, '20Apr 5, '20May 3, '20May 31, '20TaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlineCity of Diamond BarProject 1 - Arterial Street Rehabilitation (Diamond Bar Blvd from Pathfinder Rd to Mountain Laurel Wy)PROJECT PROPOSAL SCHEDULEPage 1Project: City of Diamond Bar - Project 1 - Arterial Street Rehab (Diamond Bar Blvd from Pathfinder Date: Thu 7/18/196.7.aPacket Pg. 67 ID Task NameDuration Start Finish1Notice to Proceed1 dayMon 8/5/19Mon 8/5/192Project Kick Off Meeting1 dayMon 8/12/19Mon 8/12/193Aerial Survey30 daysMon 8/12/19Mon 9/23/194Field Investigation14 daysMon 12/9/19Fri 12/27/195First Utility Notice1 dayMon 8/26/19Mon 8/26/19685% Design17 daysMon 12/30/19Thu 1/23/207Submit 85% Design1 dayFri 1/24/20Fri 1/24/208City Review 85% Design10 daysMon 1/27/20Fri 2/7/209100% Design13 daysMon 2/10/20Thu 2/27/2010Submit 100% Design1 dayFri 2/28/20Fri 2/28/2011City Review 100% Design10 daysMon 3/2/20Fri 3/13/2012Final Utility Notice1 dayTue 2/18/20Tue 2/18/2013Final PS&E16 daysMon 3/16/20Mon 4/6/2014Advertise Project21 daysTue 4/7/20Tue 5/5/2015Award Project1 dayTue 5/19/20Tue 5/19/2016Construction40 daysMon 7/6/20Fri 8/28/2016277182992011223314256172881930102131425516278193010212132441526617Jun 30, '19Jul 28, '19Aug 25, '19Sep 22, '19Oct 20, '19Nov 17, '19Dec 15, '19Jan 12, '20Feb 9, '20Mar 8, '20Apr 5, '20May 3, '20May 31, '20Jun 28, '20Jul 26, '20Aug 23, '20Sep 20, '20TaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlineCity of Diamond BarProject 2Residential & Collector Streets Rehab (Area 1)Golden Springs Dr from Brea Canyon Rd to Lemon AvePROJECT PROPOSAL SCHEDULEPage 1Project: City of Diamond Bar - Project 2 - Residential & Collector Streets Rehab (Area 1) Date: Thu 7/18/196.7.aPacket Pg. 68 ID Task NameDuration Start Finish1Notice to Proceed1 dayMon 8/5/19Mon 8/5/192Project Kick Off Meeting1 dayMon 8/12/19Mon 8/12/193Aerial Survey31 daysMon 8/12/19Tue 9/24/194Field Investigation15 daysMon 1/27/20Fri 2/14/205First Utility Notice1 dayMon 8/26/19Mon 8/26/19685% Design19 daysMon 3/30/20Thu 4/23/207Submit 85% Design1 dayFri 4/24/20Fri 4/24/208City Review 85% Design15 daysMon 4/27/20Fri 5/15/209100% Design14 daysMon 5/18/20Thu 6/4/2010Submit 100% Design1 dayFri 6/5/20Fri 6/5/2011City Review 100% Design20 daysMon 6/8/20Fri 7/3/2012Final PS&E10 daysMon 7/6/20Fri 7/17/2013Final Utility Notice1 dayTue 3/23/21Tue 3/23/2114Advertise Project30 daysTue 4/20/21Mon 5/31/2115Award Project1 dayTue 6/1/21Tue 6/1/2116Construction41 daysTue 7/6/21Tue 8/31/2124167292012325178302114527191022415628201132516712314628191122415Jun 2, '19Jul 21, '19Sep 8, '19Oct 27, '19Dec 15, '19Feb 2, '20Mar 22, '20May 10, '20Jun 28, '20Aug 16, '20Oct 4, '20Nov 22, '20Jan 10, '21Feb 28, '21Apr 18, '21Jun 6, '21Jul 25, '21Sep 12, '21TaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlineCity of Diamond BarProject 3 - Residential & Collector Streets Rehab (Area 2)Golden Springs Dr from Grand Ave to Brea Canyon RdPROJECT PROPOSAL SCHEDULEPage 1Project: City of Diamond Bar - Project 3 - Residential & Collector Streets Rehab (Area 2) Date: Thu 7/18/196.7.aPacket Pg. 69 ID Task NameDuration Start Finish1Notice to Proceed1 dayMon 8/5/19Mon 8/5/192Project Kick Off Meeting1 dayMon 8/12/19Mon 8/12/193Field Investigation10 daysMon 8/12/19Fri 8/23/194First Utility Notice1 dayMon 8/19/19Mon 8/19/19585% Design18 daysMon 8/26/19Thu 9/19/196Submit 85% Design1 dayFri 9/20/19Fri 9/20/197City Review 85% Design10 daysMon 9/23/19Fri 10/4/198100% Design14 daysMon 10/7/19Thu 10/24/199Submit 100% Design1 dayFri 10/25/19Fri 10/25/1910City Review 100% Design10 daysMon 10/28/19Fri 11/8/1911LACDA Review & Approval36 daysMon 10/14/19Thu 12/5/1912Final PS&E23 daysTue 11/12/19Mon 12/16/1913Final Utility Notice1 dayThu 10/24/19Thu 10/24/1914Advertise Project19 daysTue 12/17/19Tue 1/14/2015Award Project1 dayTue 1/21/20Tue 1/21/2016Construction44 daysMon 3/2/20Thu 4/30/20285132129614223081624191725311192741220285132129816241917253Jul 14, '19Aug 4, '19Aug 25, '19Sep 15, '19Oct 6, '19Oct 27, '19Nov 17, '19Dec 8, '19Dec 29, '19Jan 19, '20Feb 9, '20Mar 1, '20Mar 22, '20Apr 12, '20May 3, '20TaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlineCity of Diamond BarProject 4 Area 1 Residential Neighborhood ADA Curb Ramps Improvement ProjectPROJECT PROPOSAL SCHEDULEPage 1Project: City of Diamond Bar - Project 4 - Area 1 Residential Neighborhood ADA Curb Ramps ImproDate: Thu 7/18/196.7.aPacket Pg. 70 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement RESOURCE REQUIREMENTS SECTION 6 6.7.a Packet Pg. 71 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement RESOURCE REQUIREMENTS Total man-hours for each project are shown below per the scope of work listed in the Request for Proposal. A separate fee proposal for each will also be submitted with this proposal. RESOURCE REQUIREMENTS Page 18 6.7.a Packet Pg. 72 Civil Engineering Design Services for Residential & Collector Streets Rehabilitation (Area 1 & 2), Arterial Streets Rehabilitation, and Area 1 Residential Neighborhood ADA Curb Ramps Improvement RESOURCE REQUIREMENTS Page 19 6.7.a Packet Pg. 73 6.7.aPacket Pg. 74 6.7.aPacket Pg. 75 6.7.aPacket Pg. 76 6.7.aPacket Pg. 77 6.7.b Packet Pg. 78 6.7.c Packet Pg. 79 6.7.d Packet Pg. 80 Agenda #: 8.1 Meeting Date: August 20, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENTS TO THE FUND BALANCE AND RESERVE POLICY. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Adopt Resolution No. 2019-XX amending the Fund Balance and Reserve Policy and rescinding Resolution No. 2011-26 in its entirety. FINANCIAL IMPACT: No financial impact. BACKGROUND: In 2011, the City Council adopted Resolution No. 2011-26, approving a Fund Balance Policy in accordance with Governmental Accounting Standard Board (GASB) Statement 54. The Policy established a General Fund Emergency Contingency of $4.5 million for economic uncertainties, local emergencies, and financial hardships, an amount equivalent to three months of budgeted General Fund operational expenditures for Fiscal Year 2010-11. With inflation and the cost of doing business increasing since adoption, the $4.5 million contingency amount now represents approximately 17% of Fiscal Year 2019-20 General Fund expenditures and transfers, or about two months of the City’s current bills. In March 2019, the City Council received the Long-Term Financial Forecast, which projects ongoing operational deficits in the absence of proactive fiscal policy decisions. Of specific impact to the projected deficits were increased ongoing maintenance and operational costs and unfunded capital improvement projects, including the construction of a new park and the renovation of multiple facilities. The City Council has already implemented several of the policy options recommended in the Long-Term Financial Forecast in the adopted Fiscal Year 2019 -20 budget, including: 8.1 Packet Pg. 81 • Reduced Capital Improvement Plan impacts on the General Fund • Began addressing long-term pension costs by budgeting for a 15-year amortization payment plan, a decision that will realize significant savings over time. • Reduced or eliminate General Fund subsidies with service, program, and user fee adjustments. ANALYSIS: The Long-Term Financial Forecast also recommends that the 2011 Fund Balance and Reserve Policy be updated to reflect current fiscal conditions and set clear policy direction for the use of reserves, investment in special reserve accounts, and preparation for long-term expenses, economic downturns, and emergencies. The proposed policy includes the following key provisions: 1. City Council Discretion The City Council retains full discretion over the appropriation of funds within its established policy. The policy shall be reviewed and approved by the City Council annually during the budget process. The City Council may make amendments to the policy during this review and approval process. That said, it is strongly recommended that the Council avoid reducing minimum contributions to the Contingency Reserve Fund unless an emergency is declared. 2. Reserve Fund Annual Contributions The policy establishes annual contribution amounts for core reserve accounts . If approved, annual contribution amounts would apply beginning with the adopted Fiscal Year 2020-21 budget. Minimum balances are recommended for the following accounts: Contingency Reserve Fund As proposed, the revised Contingency Reserve Fund would be equal to no less than 25% of the General Fund expenditures and transfers approved in the annual budget. In Fiscal Year 2019-20, the City Council approved General Fund expenditures and transfers of $26,497,598. A 25% share of this amount results in a Contingency Reserve Fund amount of $6,624,400. The Contingency Reserve Fund would be a committed sub -account of the General Fund Balance Reserves, which are expected to amount to $16,614,686 at the end of Fiscal Year 2019-20. When factoring in the new committed contingency amount, Unrestricted General Fund Balance Reserves is estimated at $9,990,286. 8.1 Packet Pg. 82 Other Post Employment Benefit (OPEB) Reserve/Trust Fund Establishes formal policy to maintain combined funding amounts in the OPEB Reserve and Trust accounts equal to no less than 80% of the total OPEB liability based on the most recent independent actuarial valuation. As of June 30, 2018, the total OPEB liability is $781,925. The current cumulative total of the OPEB Reserve and Trust funds is $596,373, a 76.3% funding level. Building Facility and Maintenance Fund Establishes formal policy to set aside no less than $100,000 annually to fund ongoing maintenance and replacement needs at City facilities. Examples include HVAC replacement/upgrades, roofing repairs, and other significant maintenance needs at facilities like City Hall/Library, Diamond Bar Center, and Heritage Park Community Center. Vehicle Maintenance and Replacement Fund Establishes formal policy to set aside funding based on expected fleet operating expenses plus depreciation with the goal of providing resources to fund expected vehicle and related equipment replacement and repairs. Technology Reserve Fund Establishes formal policy to set aside no less than $100,000 annually to fund ongoing maintenance and replacement of essential technology systems, including hardware components and software platforms. Examples include long- term finance, land management, and recreation systems, servers, PCs, and copiers, and essential IS infrastructure and gear. 3. Allocation of Available Fund Balance to Reserve Funds Establishes formal policy to build unrestricted reserve funds to provide flexibility and fund new projects, services, or programs. After minimum funding levels and annual contributions set in the policy are met, any end -of-year budget surplus would be apportioned at the closing of the books and presentation of the Comprehensive Annual Financial Report (CAFR) to the City Council as follows: 8.1 Packet Pg. 83 Park and Facility Development Fund – 40% Building Facility and Maintenance Fund – 40% Unrestricted General Fund Balance – 20% Applying these percentages to the Fiscal Year 2019-20 expected General Fund surplus of $172,949 results in the following allocation amounts: LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 8.1.a Resolution No. 2011-26 2. 8.1.b Resolution No. 2019-XX 8.1 Packet Pg. 84 RESOLUTION NO. 2011— 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A FUND BALANCE POLICY AND AUTHORIZING THE CITY MANAGER AND/OR THE FINANCE DIRECTOR TO ASSIGN FUND BALANCE TO A SPECIFIC PURPOSE IN RELATION TO THIS FUND BALANCE POLICY. WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood, effective for reporting periods beginning after June 15, 2010; and WHEREAS, the Fund Balance Policy provides that the City Council may commit General Fund balance for specific purposes by taking formal action and these committed amounts cannot be used for any other purpose unless the City Council removes or changes the specific use through the same formal action taken to establish the commitment; and WHERAS, the Finance Director has recommended to the City Council that the General Fund Emergency Contingency Commitment of General Fund balance be established at $4.5 million which is 3 months of the budgeted operational expenditures in the City's General Fund for Fiscal Year 2010-11 as recommended by the Finance Director. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, California as follows: Fund Balance Policy attached hereto as Exhibit "A" is hereby approved by the City Council of the City of Diamond Bar, California. The. City Manager and/or the Finance Director are each hereby authorized and empowered, for and on behalf of the City to assign fund balance to a specific purpose in accordance with and in relation to the City's Fund Balance Policy; and 2. The City Council hereby establishes and approves the General Fund Emergency Contingency commitment of General Fund balance at $4.5 million which is 3 months of the budgeted operational expenditures in the City's General Fund for Fiscal Year 2010-11. PASSED, APPROVED AND ADOPTED this 7th day of ,lune, 2011. S eve Tye,'PayorPayor 2011m-26 8.1.a Packet Pg. 85 I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of June , 2011, by the following vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None Uylfflftwiwk FAI %L-1 Fil Jill q ii To mini y Cribins, City Clerk City of Diamond Bar 2011-26 8.1.a Packet Pg. 86 1 RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE AMENDED FUND BALANCE AND RESERVE POLICY AND RESCINDING RESOLUTION 2011-26 IN ITS ENTIRETY WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood; and WHEREAS, the Fund Balance and Reserve Policy provides that the City Council may commit General Fund balance for specific purposes by taking formal action and these committed amounts cannot be used for any other purpose unless the City Council removes or changes the specific use through the same formal action taken to establish the commitment; and WHEREAS, in 2011, the City Council established the General Fund Emergency Contingency Commitment of $4.5 million, which represented three months of operating expenses in the adopted FY 2010-11 budget, to adequately provide for economic uncertainties, local emergencies or disasters, and other financial hardships or downturns in the local or national economy, including contingencies for unforeseen operating or capital needs and cash flow requirements; and WHEREAS, it is a long-term goal of the City Council to regularly contribute to other funds, including the Other Post Employment Benefit (OPEB) Reserve and Trust Funds, Building Facility Maintenance Fund, Vehicle Maintenance and Replacement Fund, and Technology Reserve Fund to provide for ongoing retiree benefit, maintenance, replacement, and system enhancement costs; and WHEREAS, it is a long-term goal of the City Council to build unrestricted reserve funds in the Park Development Fund, Building Facility and Maintenance Fund, and Unrestricted General Fund Balance to provide flexibility, respond to emergencies, fund new projects and maintain necessary reserves for the eventual replacement of City capital facilities, equipment, and assets at the end of their design life. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The Fund Balance and Reserve Policy attached hereto as Exhibit “A” is hereby approved by the City Council of the City of Diamond Bar. The City Manager and/or the Finance Director are each hereby authorized and empowered, for and on behalf of the City to assign fund 8.1.b Packet Pg. 87 2 balance to a specific purpose in accordance with and in relation to the Policy; and Section 2. The General Fund Emergency Contingency Commitment is renamed the Contingency Reserve Fund and shall maintain a balance equal to no less than 25% of annual General Fund expenditures, including transfers. Section 3. The cumulative Other Post Employment Benefit (OPEB) Reserve Fund and Trust Fund Balance shall be equal to no less than 80% of the total OPEB liability based on the most recent independent actuarial valuation; and Section 4. The annual budget contribution to the Building Facility and Maintenance Fund shall be no less than $100,000; and Section 5. The annual budget contribution to the Vehicle Maintenance and Replacement Fund shall be based on estimated annual operating expenses plus depreciation; and Section 6. The annual budget contribution to the Technology Reserve Fund shall be no less than $100,000; and Section 7. The annual budget contribution to the Technology Reserve Fund shall be no less than $100,000; and Section 8. After the minimum funding levels and annual contributions to the funds identified in Sections 2 through 7 are satisfied, 40% of remaining fund balance available at the end of the fiscal year shall be apportioned to the Park and Facility Development Fund, 40% of remaining fund balance available at the end of the fiscal year shall be apportioned to the Building Facility and Maintenance Fund, and 20% of remaining fund balance available at the end of the fiscal year shall be apportioned to the Unrestricted General Fund Balance; and Section 9. Resolution 2011-26 is rescinded in its entirety. PASSED, APPROVED AND ADOPTED this 20th day of August, 2019. ____________________________ Carol Herrera, Mayor 8.1.b Packet Pg. 88 3 ATTEST: I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of August, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Tommye Cribbins, City Clerk 8.1.b Packet Pg. 89 4 EXHIBIT A 8.1.b Packet Pg. 90 City Council Policy and Procedure Number: (YEAR -NUMBER) Reviewed: Annually/As -Needed Effective Date: (M/D/Y) Revised Date(s): (M/D/Y) City Council Policy (YEAR -NUMBER) Effective Date: Page 1 of 4 Fund Balance and Reserves Policy 1. Purpose 1.1 The purpose of this policy is to establish prudent reserve policies to ensure the long-term fiscal health and stability of the City. The practice and discipline to maintain adequate reserve funds is necessary to ensure that adequate funding is available for planned and unplanned replacements of capital assets and equipment, infrastructure repairs and replacements, long-term obligations, as well as, economic uncertainties, local emergencies and natural disasters. 2. Definitions 2.1 A fund’s equity – commonly referred to as “fund balance” – is generally the difference between its assets and its liabilities. In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Government Fund Type Definitions, fund balance will be displayed in the following classifications depicting the relative strength of the spending constraints placed on the purposes for which resources can be used: 2.1.1 Nonspendable Fund Balance – The portion of a fund balance that includes amounts that cannot be spent because they are either (a) not in a spendable form, such as prepaid items, inventories of supplies, or loans receivable; or (b) legally or contractually required to be maintained intact, such as the principal portion of an endowment. 2.1.2 Restricted Fund Balance – The portion of fund balance that can be used only for those purposes that are specified by their providers, such as granters, bondholders, or higher levels of government. It is important to note that these resources are constrained by external parties. 2.1.3 Committed Fund Balance – The portion of a fund balance that includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government’s highest level of decision-making authority, and remains binding unless removed in the same manner. 2.1.4 Assigned Fund Balance – The portion of a fund balance that includes amounts that are constrained by the government’s intent to 8.1.b Packet Pg. 91 City Council Policy (YEAR-NUMBER) Effective Date: Page 2 of 4 be used for specific purposes, but that are neither restricted nor committed. Such intent needs to be established at either the highest level of decision-making, or by an official designated for that purpose. 2.1.5 Unassigned Fund Balance – The portion of a fund balance that includes amounts that do not fall into one of the above aforementioned categories. The General Fund is the only fund that should report this category of fund balance. 3. Policy 3.1 The fund balance policies are relevant to the unrestricted fund balances, which include committed, assigned, and unassigned fund balances. Since there are practical and/or legal limitations on the use of non-spendable or restricted fund balances, they are not subject to the fund balance policies. 3.2 This policy shall be reviewed and approved annually, with any revisions, by the City Council during the review and adoption of the annual City Budget and Capital Improvement Program. 3.3 The City Council may assign fund balance to a specific purpose in relation to this fund balance policy. By resolution, the Council has also authorized the City Manager and/or the Finance Director to assign fund balance. Assignments of fund balance by the City Manager and/or the Finance Director do not require formal action by the City Council; however, each assignment must be approved by either of the authorized officials before the item can be presented in the financial statements. 3.4 When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the City Council, and unassigned fund balance), the City will start with the most restricted category – spending those funds first – before moving down to the next category with available funds. 3.5 All uses of reserve funds shall be approved by the City Council. 3.6 The City Council may designate portions of the Unassigned General Fund balance for future capital projects, continuing or carry-over appropriations from prior fiscal years, or any other municipal purpose that the City Council deems prudent or necessary. Best practices dictate that fund balance reserves should not be used for ongoing operating expenditures; however, the City Council’s retains discretion as to when to utilize the reserves in this manner. 8.1.b Packet Pg. 92 City Council Policy (YEAR-NUMBER) Effective Date: Page 3 of 4 3.7 Reserve levels shall be adjusted in accordance with this Policy annually at the end of each fiscal year in conjunction with the preparation of the City’s annual budget. 3.8 All classifications of General Fund balance will appear in the annual Comprehensive Annual Financial Report (CAFR). 4. Reserve Fund Annual Contributions 4.1 Contingency Reserve Fund - To adequately provide for economic uncertainties, local emergencies or disasters, and other financial hardships or downturns in the local or national economy, including contingencies for unforeseen operating or capital needs and cash flow requirements, the City will maintain a Contingency Reserve Fund equal to no less than 25% of the General Fund expenditures, including operating transfers, in the adopted annual budget. The Contingency Reserve Fund reserve balance is classified as a committed fund balance. 4.2 Other Post Employment Benefit (OPEB) Reserve Fund/Trust Fund – The City will maintain the Other Post Employment Benefit (OPEB) Reserve Fund and/or OPEB Trust Fund to cover the projected costs of future retiree benefits. The combined amount of the Reserve Fund and the Trust Fund shall equal no less than 80% of the total OPEB Liability based on the most recent independent actuarial valuation. The Other Post Employment Benefit (OPEB) Reserve Fund reserve balance is classified as assigned fund balance. The Other Post Employment Benefit (OPEB) Trust Fund is classified as restricted fund balance. 4.3 Building Facility and Maintenance Fund – The City will maintain a Building Facility and Maintenance Fund to provide for the future replacement of improvements, systems and equipment at City Hall, Diamond Bar Center and other City buildings and facilities. The annual contribution to this fund shall be no less than $100,000. The Building Facility and Maintenance Fund reserve balance is classified as assigned fund balance. 4.4 Vehicle Maintenance and Replacement Fund - The City will maintain a Vehicle Maintenance and Replacement Fund to provide funding for the timely replacement of vehicles and related equipment with an individual replacement cost of $10,000 or more. The annual contribution to this fund will generally be based on the estimated operating expenses plus depreciation. Any interest earnings, sale proceeds of surplus equipment and related damage and insurance recoveries will be credited to this Fund. The Vehicle Maintenance and Replacement Fund reserve balance is classified as assigned fund balance. 4.5 Technology Reserve Fund - The City will maintain a Technology Reserve Fund to provide for the future replacement of essential technology systems, 8.1.b Packet Pg. 93 City Council Policy (YEAR-NUMBER) Effective Date: Page 4 of 4 including network, security, communication, computer hardware and software platforms, e-government and other technology solutions that are utilized as part of City operations. The annual contribution to this fund shall be no less than $100,000. The Technology Reserve Fund reserve balance is classified as assigned fund balance. 5. Allocation of Available Fund Balance to Reserve Funds 5.1 It is a long-term goal of the City to build unrestricted reserve funds to provide flexibility, respond to emergencies, fund new projects and maintain necessary reserves for the eventual replacement of City capital facilities, equipment, and assets at the end of their design life. After the minimum funding levels and annual contributions to the Funds identified in Section 4 above are satisfied, any remaining fund balance available at the end of the fiscal year shall be apportioned to the following funds: 5.1.1 Park and Facility Development Fund – The Park and Facility Development Fund provides for the development and enhancements of the City’s parks and facilities. The Park and Facility Development Fund reserve balance is classified as assigned fund balance. Allocation: 40% 5.1.2 Building Facility and Maintenance Fund – The Building Facility & Maintenance Fund provides for the future replacement of improvements, systems and equipment at City Hall, Diamond Bar Center and other City buildings and facilities. The Building Facility and Maintenance Fund reserve balance is classified as assigned fund balance. Allocation: 40%. 5.1.3 Unrestricted General Fund Balance – Allocation: 20% 6. Further Information 6.1 For further information or questions related to this policy, contact the Finance Director. 7. References 7.1 Resolution 2019-XX 7.2 Resolution 2011-26 8.1.b Packet Pg. 94 F z C.) Z O F - E5 uj U) LU rn LUa LU Z W J U ® U WE U ° 0 C w-+ U N W 6j z 6, O CM °M C (U w-+ U CM °M C o O U 'a Co W O E Q z iu' U 0 � Q Q