HomeMy WebLinkAbout2020.05.05 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, May 5, 2020
Study Session 5:30 p.m.
Regular Meeting 6:30 PM
PUBLIC ADVISORY:
Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, this meeting will be conducted telephonically and Members of the
City Council and staff will be participating via Teleconference. There will be no physical meeting
location.
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How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City
Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to
the Council Members and noted for the record at the meeting.
Alternatively, public comment may be submitted by calling +1 (872) 240-3412, Access Code
214-685-925 and/or by visiting https://global.gotomeeting.com/join/214685925. Members of
the public will be called upon one at a time during the P ublic Comment portion of the agenda,
and will be asked to state their name and agenda item they wish to comment on. Speakers are
limited to five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if
you need special assistance to participate in the Council Meeting, please contact the City Clerk’s
Office (909) 839-7010 within 72 hours of the meeting. City Council video recordings with
transcription will be available upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
STEVE TYE
Mayor
NANCY A. LYONS
Mayor Pro Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
JENNIFER "FRED" MAHLKE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
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 on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are
invited to attend and participate. Copies of staff reports or other written documentation relating
to agenda items are on file and available for public inspection by contacting the Office of the
City Clerk. 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.
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. 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 it em, 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 meeting.
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. The
City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
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 VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, 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 IS ALSO AVAILABLE
FOR LIVE VIEWING AT HTTPS://GLOBAL.GOTOMEETING.COM/JOIN/214685925
and ARCHIVED VIEWING ON THE CITY’S WEB SITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
May 05, 2020
STUDY SESSION: 5:30 p.m.
Personnel Rules and Regulations
PUBLIC COMMENTS
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Low, Mahlke, Mayor Pro Tem
Lyons, Mayor Tye
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or 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, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
there is an agenda item number they wish to speak on before providing their
MAY 5, 2020 PAGE 2
comment. If you wish to speak on a public hearing item or council consideration
item, you will then be called upon to speak at that point in the agenda.
3. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
3.1 CITY COUNCIL MINUTES OF THE APRIL 21, 2020 MEETING.
3.1.a April 21, 2020 Study Session Minutes
3.1.b April 21, 2020 City Council Minutes
Recommended Action:
Approve the April 21, 2020 Study Session and Regular City Council
meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED APRIL 9, 2020
THROUGH APRIL 22, 2020 TOTALING $670,453.54.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 TREASURER'S STATEMENT
Recommended Action:
Approve the March 2020 Treasurer’s Statement.
Requested by: Finance Department
3.4 CONSULTING SERVICES AGREEMENT WITH DE NOVO PLANNING
GROUP IN THE AMOUNT OF $49,550 TO PREPARE AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION FOR THE “ENNABE
RESIDENCE” PROJECT.
Recommended Action:
Approve, and authorize the Mayor to sign the Consulting Services
Agreement with De Novo Planning Group to prepare the "Ennabe
Residence" Initial Study/Mitigated Negative Declaration for a not-to-
exceed total of $49,550.
Requested by: Community Development Department
MAY 5, 2020 PAGE 3
3.5 A THREE-YEAR COOPERATION AGREEMENT WITH THE LOS
ANGELES COUNTY DEVELOPMENT AUTHORITY TO PARTICIPATE IN
THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEARS 21/22
THROUGH 23/24 EFFECTIVE JULY 1, 2021.
Recommended Action:
Adopt Resolution No. 2020-11 approving the Three-Year Cooperation
Agreement to participate in the Los Angeles County Urban County
Community Development Block Grant Program for Fiscal Years 21/22
through 23/24 effective July 1, 2021.
Requested by: Community Development Department
3.6 CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
Recommended Action:
Adopt Resolution No. 2020-12 Extending the Declared Local Emergency
regarding Novel Coronavirus (COVID-19).
Requested by: City Manager
3.7 PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR CANYON LOOP TRAIL ENVIRONMENTAL
STUDY AND CEQA DOCUMENTS
Recommended Action:
Approve and authorize the Mayor to sign the Consulting Services
Agreement with Michael Baker International to prepare environmental
studies and CEQA documents for the Canyon Loop Trail project for a not
to exceed total of $90,436.
Requested by: Parks & Recreation Department
3.8 NOTICE OF COMPLETION FOR THE AREA 7 RESIDENTIAL AND
COLLECTOR STREETS AND DIAMOND BAR BLVD STREET
REHABILITATION FROM MOUNTAIN LAUREL WAY TO CLEAR CREEK
CANYON DRIVE PROJECTS - PROJECT NO. 01419 AND 23919.
Recommended Action:
Approve, and authorize the Director of Public Works/City Engineer to file,
the Notice of Completion.
Requested by: Public Works Department
MAY 5, 2020 PAGE 4
3.9 PROFESSIONAL SERVICES AGREEMENT WITH SCI CONSULTING
GROUP TO PROVIDE ANNUAL ASSESSMENT ENGINEERING
SERVICES FOR THE CITY’S THREE LANDSCAPE MAINTENANCE
DISTRICT NOS. 38, 39, AND 41 FROM JULY 1, 2020 THRU JUNE 30,
2023.
Recommended Action:
Approve, and authorize the Mayor to sign, a Consultant Services
Agreement with SCI Consulting Group in the amount of $52,208 for a
three-year contract beginning July 1, 2020, with two additional one-year
extensions based upon satisfactory performance by the consultant.
Requested by: Public Works Department
4. PUBLIC HEARINGS: NONE
5. COUNCIL CONSIDERATION: NONE
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 1
Meeting Date: May 5, 2020
CITY COUNCIL STUDY SESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Daniel Fox, City Manager
FROM: Amy Haug, Human Resources Manager
TITLE: PERSONNEL RULES AND REGULATIONS STUDY SESSION
The Personnel Rules and Regulations (PRR) is a set of rules approved by t he City
Council that provides direction to the City Manager and staff on personnel related
matters. The individual sections within the PRR are developed based on legal
requirements and public sector personnel practices. The PRR is the set of guidelines
for all personnel related matters since the City employees are not represented by labor
unions. The PRR provides policy direction on personnel matters and the annual
budgetary process determines the funding level for certain provisions or programs
within the PRR. The last time the City Council reviewed and unanimously approved
comprehensive and substantial changes to the PRR was on March 1, 2016. During
that update, there were significant changes that included legal updates, clarification of
policies, addition of missing policies or procedures and grammatical corrections.
Since the comprehensive update in 2016, periodic maintenance to the PRR is required
from time to time to make minor adjustments to policies and reflect public personnel
best practices. It also allows for opportunities to clarify language in the document and
ease the implementation and administration of the rules by the City Manager and staff.
The proposed changes to the PRR were made with these points in mind, in addition to,
the City Council’s strategic direction to create and sustain a high performing
organization.
During the April 21, 2020 City Council meeting, the proposed changes to the PRR were
recommended for approval by City staff. During that meeting, the City Council direc ted
that the following sections in the City’s PRR be brought back for further discussion in a
study session.
Rule V, Section 4. Merit Step Advancement – New City employees are eligible to
receive a merit increase at six (6) and 12 months provided they have satisfactory or
better job performance. Although, the City Council directed compensation philosophy is
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for City staff salaries to be at the median of our labor market, this long -standing policy
has served the City well to effectively recruit and retain highly qualified employees.
Each full-time position on the City’s salary schedule has seven (7) steps in the salary
range and it would take a new employee, who is hired at the beginning of the range, five
(5) years to reach top step. In other public agencies that have five (5) step salary
ranges, it would take the new employee four (4) years to reach top step. This policy
allows the City to offer performance -based merit incentives over a longer period of time
which increases the average tenure rate with the City. The average tenure for a full-
time City of Diamond Bar employee is 9.6 years compared to the industry average of
6.8 years according to a 2018 report by the Bureau of Labor Statistics.
The minor change proposed to the section is to clarify that this only applies to benefitted
employees and not to non-benefitted or temporary employees. The proposed language
from this section is below.
“After six (6) months employment as a probationer, an benefitted employee is
eligible to advance to the next salary step if his or her performance evaluation
shows performance of satisfactory or above and advancement is approved by
the Department Director. Upon successful completion of twelve (12) months
probationary employment and a satisfactory or above performance evaluation as
approved by the Department Director, the employee will be eligible for
advancement to the next salary step. Each year thereafter and with a
satisfactory or above performance evaluation as approved by the Department
Director, the employee will be eligible for advancement to the next salary step.”
Rule V, Section 23. Performance Pay – The intent of this policy is to allow the City
Manager to exercise discretion and reward exceptional job performance by City
employees based on accomplishment and not by longevity. This policy equips the City
Manager with a retention incentive to reward high performing employees. The City’s
demographics have changed in the last few years where 35% of our employees are not
at top step and would automatically be disqualified from this program. This program,
originally approved by the City Council in 2016, is directly aligned with the City Council’s
original and recently adopted Strategic Plan that desires to create and sustain a high
performing organization. It should be noted that, even in times of economic prosperity,
discretion has been utilized and the funding for this program has been returned to the
General Fund at the end of each fiscal year. The proposed language to this section is
below.
“Non-probationary full-time employees that have demonstrated exceptional job
performance, as defined and approved by the City Manager, may be eligible to
receive performance pay up to 10 percent of the their annual salary once per
fiscal year if approved by the City Manager. In order to be eligible,
employees must have been at the top step of their salary range for at least
one year. Funding for the Performance Pay program is subject to approval by
the City Council during the budget adoption process.”
Rule VIII, Section 7. Criminal Background Checks (Livescans) – Effective January 1,
2018, a new law (Section 12952 in the Government Code) was enacted that prohibits
employers in the state of California to ask about criminal history or conduct criminal
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background investigations until a conditional job offer of employment has been
extended to a prospective employee. This section was updated to reflect the change to
state law. The proposed language to this section is below.
“To ensure that the interests of the City, its employees and members of the
public are protected and to help minimize potential liability, the City obtains
summary criminal background reports from the Department of Justice on
applicants for employment and volunteer positions.
The City desires to identify those prospective qualified employees and volunteers
who have a criminal history so that information about criminal history can be
used once a conditional job offer has been extended to an in-post interview
decisions. The applicant. The City will evaluate the applicant’s circumstances
to determine if the conviction is sufficiently serious, recent and job-related to
disqualify him or her from the job.
Once a person has been selected as an employee or volunteer the employee or
volunteer shall report a conviction or arrest to his or her supervisor who shall
forward the information to the Department Director and Human Resources
Manager. Alternatively, the Human Resources Manager may be informed
directly. Once employed, an employee’s failure to report an arrest or conviction
may result in disciplinary action up to and including termination.”
Rule XIII, Section1. Holidays – This section has been added to allow the flexible option
for employees to convert their holiday hours to a floating holiday if they are scheduled to
work on an observed holiday. Employees would be allowed to use the floating holiday
hours at a later time, when operationally feasible, in accordance with the existing
floating holiday provisions. The original proposed language presented to the City
Council on April 21, 2020 also included an option to cash out the holiday pay if the
employee did not use the time off by the end of the fiscal year in which it was earned .
Based on comments made at the Council meeting, alternative language is now
proposed to simply convert the holiday to a floating holiday which can be used anytime
during the calendar year. Pursuant to Rule XIII, Section 2 (b), Floating Holidays cannot
be accumulated or cashed and are lost if not used. I t was not the intent of City staff to
include any items that could be perceived as benefit enhancements. The proposed
language has been revised to now read as follows:
“If an observed holiday falls on a nine (9) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive nine (9) hours of
holiday pay and those employees on a traditional work schedule shall receive
eight (8) hours of holiday pay.
If an observed holiday falls on an eight (8) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive eight (8) hours of
holiday pay and those employees on the traditional work schedule shall receive
eight (8) hours of holiday pay.
If a full-time employee is scheduled to work on a City observed holiday,
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they can opt to convert the eight (8) or nine (9) hours of holiday pay into
floating holiday leave subject to the provisions of Section 2 below.”
In summary, the proposed changes to the PRR have been made in order to provide a
robust and contemporary living document that can be utilized for internal administration
of current and future personnel matters and be implemented in an efficient and
economical manner by the City Manager and staff.
Attachments:
1. 1.a Personnel Rules and Regulations Redlined
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RULE I
PURPOSE AND APPLICATION
Section 1. Purpose: The purpose of the Rules and Regulations (hereafter, “Rules”) is to
facilitate efficient and economical services to the public and to establish lawful
procedures for dealing with personnel matters.
Unless amended by a subsequent Resolution of the City Council the Rules set
forth herein and the Personnel Ordinance shall govern the Personnel System
for the City of Diamond Bar (“City”).
Section 2. Application: These Rules apply to all employees of the City unless a specific
rule or procedure indicates otherwise.
Section 3. No Contract Created: These Rules do not create any contract of employment,
express or implied, or any right in the nature of a contract.
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RULE II
DEFINITION OF TERMS
DEFINITION OF TERMS
Unless the context indicates otherwise, the following terms, whenever used in these Rules,
shall be defined as follows:
Section 1. Advancement: A salary increase within the limits of the pay range established
for the class.
Section 2. Allocation: The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
Section 3. Appointing Authority: The person having the authority to appoint or remove a
person from City employment. This is the City Manager unless delegated to
another employee or officer.
Section 4. At-Will: All employment positions outside of the competitive service.
Employees in at-will positions may be terminated at any time at the will of the
Appointing Authority, without cause, and without the right of appeal. At-will
positions are set forth in Chapter 2.20 of the City’s Municipal Code: City
Manager, Assistant City Manager, Deputy City Manager, Community
Development Director, Community Services Director, City Engineer/Public
Works Director, Finance Director, Information Systems Director, all
Department Directors, seasonal part-time employees, intermittent part-time
employees, part-time employees hired after October 18, 2005, emergency
employees and any employee scheduled to work less than 1,000 hours per
year.
Section 5. Bilingual Premium Pay Differential: A percentage of pay which will
compensate the qualified employee for providing non-English language
services as an essential part of his or her job.
Section 6. City Manager: The City Manager and/or his or her designee.
Section 7. Class: All positions sufficiently similar in duties, authority, responsibility and
working conditions to permit grouping under a common title and the application
with equity of common standards of selection, transfer, promotion, and salary.
Section 8. Competitive Service: All positions of employment in the service of the City
except those excluded by Section 4 above.
Section 9. Demotion: The movement of an employee from one class to another class
having a lower maximum rate of pay. A demotion may be voluntary or
involuntary.
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Section 10. Domestic Partner: A domestic partnership is legally established in California
when all of the following requirements are met: both persons file a Declaration
of Domestic Partnership with the Secretary of State; both persons have a
common residence; neither person is married to someone else or is a member
of another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity; both persons are not related by
blood in a way that would prevent them from being married to each other in
another state; both persons are at least 18 years of age; both persons are
capable of consenting to the domestic partnership; and either of the following
apply: (a) both persons are members of the same sex; or (b) one or both of
the persons are over the age of 62, and meet certain eligibility criteria pursuant
to the Social Security Act.
Section 11. Eligible: When used as a noun, means a person whose name is on an
employment eligibility list.
Section 12. Employment Eligibility List: A list of names of persons who have taken an
open-competitive examination for a class in the competitive service and have
qualified.
Section 13. Examinations:
(a) Open-competitive examination: An examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class which
is only open to current City employees meeting the qualifications for the
class.
(c) Continuous examination: An open competitive examination which is
administered periodically and as a result of which names are placed on
an employment list, in order of final scores, for a period of not more
than one (1) year.
Section 14. Exempt: An employee not entitled to overtime compensation under the Fair
Labor Standards Act.
Section 15. Job Classifications: For the purposes of the City’s Personnel System, each
position title shall correspond in the City’s Classification Plan to a number as
reflected in the salary resolution.
(a) Executive Management: Executive Management positions are
classified as exempt employees that are at-will and are assigned as
Department Directors and/or Deputy or Assistant City Managers.
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(b) Exempt Management: Management positions that are classified as
exempt and are assigned as Division Managers.
(c) Full-time Exempt: Various exempt supervisory, administrative, and
professional positions.
(d) Full-time Non-Exempt: Positions subject to overtime requirements and
working 40 hours per week.
(e) Hourly Benefited: Positions known as regular part-time or part-time
working twelve (12) months per year and an average of twenty (20) or
more hours per week on a year-round basis. Benefits are provided to
regular part-time employees on a pro-rated basis.
(f) Hourly Non-benefited: At-will positions also known as either seasonal
or intermittent part-time. These employees are sometimes referred to
as “Temporary”. An hourly non-benefitted position is utilized no more
than 999 hours per fiscal year and may be employed on a seasonal or
intermittent basis. If an employee identified as intermittent or seasonal
part-time works 1,000 hours or more in a fiscal year, he or she does not
acquire regular employee status.
Section 16. Layoff: The involuntary separation of a regular status employee or reduction
to a position in a lower classification because the position is no longer needed
or due to fiscal and/or operational reasons.
Section 17. Personnel Ordinance: Chapter 2.20 of the City's Municipal Code.
Section 18. Probationary Period: A working test period during which an employee is
required to demonstrate his or her fitness for the duties to which he or she is
appointed by actual performance of the duties of the position. The
probationary period or initial period of employment is considered a part of the
examination process and shall be utilized for closely observing the employee’s
work to determine the employee’s fitness for the position.
Section 19. Promotion: The movement of an employee from one class to another class
having a higher maximum rate of pay and different job duties from the previous
class.
Section 20. Provisional Appointment: A temporary appointment of a person who
possesses the minimum qualifications established for a particular class, and
who has been appointed to a position in that class in the absence of available
eligibles. This is sometimes referred to as an “Interim Appointment”.
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Section 21. Reclassification: The change of a position from one class to another as a
result of the gradual accretion or reduction of duties and/or responsibilities
over time.
Section 22. Regular Employee: An employee in the competitive service who has
successfully completed his or her probationary period and has been retained
as an employee.
Section 23. Regular Part-Time Employee: An employee in the competitive service who
has successfully completed his or her probationary period and is eligible for
pro-rated benefits. Sometimes referred to as “Hourly Benefited”.
Section 24. Rejection: The separation of an employee from employment during the
probationary period or examination process.
Section 25. Reinstatement: The re-employment, without examination, of a former regular
employee.
Section 26. Temporary Employee: An at-will employee who has been appointed to a full-
time or part-time position for a limited duration.
Section 27. Transfer: A change of an employee from one position to another position in
the same class or another class having the same maximum salary limits,
involving the performance of similar duties and responsibilities and requiring
the same qualifications.
Section 28. Y Rate: Where an employee is moved to a different class with a lower salary
range, and the employee retains his/her current salary until the salary of the
new class has a maximum salary rate which is equal to or higher than the
current salary.
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RULE III
GENERAL PROVISIONS
Section 1. Discrimination Prohibited: No City employee or applicant for employment,
volunteers, interns, City elected and appointed officials, members of City
Commissions, Boards and Task Forces, contractors, consultants, and/or other
non-employees doing business with or for the City shall be discriminated
against in recruitment, examination, appointment, selection, training,
promotion, retention, wages, benefits, discipline, or any other aspect of
employment because of race, color, religion, national origin, ancestry, marital
status, sex (including gender, gender identity, gender expression,
transgender, pregnancy, and breastfeeding), age, physical or mental
disability, sexual orientation (including homosexuality, bisexuality, or
heterosexuality), genetic characteristics or information, political or religious
opinions or affiliations, union activities or affiliations, taking of FMLA or
pregnancy disability leave, religious creed, medical condition, citizenship
status, military and veteran status or any other characteristic protected by
law. Individuals are protected from discrimination because of familial status or
association with, an individual in any of the protected classifications listed
above. Other forms of discrimination prohibited by this policy include
retaliating against someone for filing a charge of discrimination, participating
in an investigation, or opposing discriminatory practices.
Employees who believe they have experienced any form of employment
discrimination are encouraged to report this immediately, using the complaint
procedure provided in Rule XXII, Section 52e of these Rules.
Section 2. Nepotism Prohibited:
(a) Relatives of those listed below may not be employed hired anywhere in
the City organization:
1. City Council members;
2. Standing Board and Commission members;
3. Executive or Exempt Management Team Members of the City;
4. Employees of the City Manager’s Department;
5. Employees of the Human Resources Division;
6. Employees of the Finance Department; or
7. Employees of the Information Systems Department.
(b) The employment of a relative within the same department is prohibited
when they:
1. Perform joint duties;
2. Share responsibility or authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
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(c) For business reasons of supervision, safety, security or morale, a
relative may not directly supervise a relative.
(d) For business reasons of supervision, safety, security or morale, the City
may refuse to place relatives in the same department, division, or
facility.
(e) “Relative” means child, stepchild, parent, grandparent, grandchild,
brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew,
parent-in-law, brother-in-law, sister-in-law, domestic partner, or other
individual related by blood or marriage.
(f) “Employee” means any person who receives a City paycheck and W-2
for services rendered to the City.
(g) For business reasons of supervision, safety, security or morale, the City
may enforce this Section 2 to address the post-City employment
marriage of or establishment of a Domestic Partnership.
(h) Exceptions to this section may be made by the City Manager. Any
appeal of the enforcement of this section shall be to the City Manager.
Section 3. Political Activity Prohibited: City employees shall not engage in political
activities in violation of Government Code section 3201 et seq. The City
prohibits: (1). Employees and officers from engaging in political activities
during work hours; (2.) Political campaigning in City buildings or on premises
adjacent to City buildings or while in City uniform; and (3.) An employee or
officer from using his or her office to coerce or intimidate public employees to
promote, propose, oppose, or contribute to any political cause or candidate.
EXAMPLES OF PROHIBITED CONDUCT: City Employees shall not:
1. Participate in political activities of any kind while in uniform;
2. Participate in political activities during working hours;
3. Use city equipment to engage in make political activities communications;
4. Solicit a political contribution, either directly or indirectly, from an officer
or employee of the City, or from a person on a City employment list, with
knowledge that the person from whom the contribution is solicited is a City
officer or employee or job applicant; except as specifically provided below.
5. Favor or otherwise discriminate against any employee because of
political opinions or affiliations;
6. Interfere with any election; or
7. Offer or accept anything of value Attempt to trade job benefits for votes;
or
8. Represent that the City favors or disfavors any particular candidate for
public office..
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EXAMPLES OF PERMITTED CONDUCT: City Employees may:
1. Express personal opinions on all political subjects or candidates to the
extent doing so does not otherwise interfere with the duties of their City
employment or other City employees;
2. Become a candidate for any local, state, or national election;
3. Contribute to political campaigns outside of work hours;
4. Join and participate in the activities of political organizations outside of
work hours;
5. Request, during off-duty time, political contributions, through the mail or
other means, from City officers or employees if the solicitation is part of a
solicitation made to a significant segment of the public which may include
City officers or employees;
6. Solicit or receive, during off-duty time, political contributions from a City
employee organization if the funds, when collected, were not earmarked for
a clearly identifiable candidate for a federal, state or local office; or
7. Solicit or receive, during off-duty time, political funds or contributions to
promote the passage or defeat of a ballot measure which would affect the
rate of pay, hours of work, retirement, civil service, or other working
conditions of City officers or employees.
Section 4. Outside Employment: No employee may hold outside employment that is
incompatible with his/her City employment. Each employee who desires to
pursue outside employment, holds any other position, in addition to City
employment, shall complete a Request for Approval of Additional Employment
form and return it to the Department Director for signature and then to the City
Manager or designee for approval prior to accepting or commencing outside
employment. New employees that already have outside employment, prior to
starting a position with the City shall submit the form at the time of their pre-
employment paperwork appointment with Human Resources staff.
Section 5. Employee Duties: Employees are required to carry out the primary duties and
responsibilities of their City employment.
Section 6. Violation of Rules: Violation of any of these Rules shall be grounds for
disciplinary action up to and including termination.
Section 7. Amendment and Revision of Rules: Amendments and revisions to these
Rules must be approved by the City Council.
Section 8. Reasonable Accommodations: The City will strive to provide employment-
related reasonable accommodations to qualified individuals with disabilities
within the meaning of the California Fair Employment and Housing Act and the
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Americans with Disabilities Act except where it will cause the City undue
hardship.
(a) Request for Accommodation: An employee who desires a reasonable
accommodation in order to perform essential job functions should make
such a request in writing to the Human Resources Division. The request
must identify: a) the job-related functions at issue; and b) the desired
accommodation(s).
(b) Reasonable Documentation of Disability: Following receipt of the
request, the Human Resources Department may require additional
information, such as reasonable documentation of the existence of a
disability from the employee’s treating health care professional.
(c) Fitness for Duty Examination: The City may require an employee to
undergo a fitness for duty examination at the City’s expense to
determine whether the employee can perform the essential functions of
the job with or without reasonable accommodation. The City may also
require that a City-approved physician conduct the examination. (See
Fitness for Duty policy in Rule VII, Section 9 of these Rules.)
(d) Interactive Process Discussion: After receipt of reasonable
documentation of disability and/or a fitness for duty report, the City’s
Human Resource Manager will arrange for a discussion, in person or
via telephone conference call, with the applicant or employee, and his
or her representative(s), if any. The purpose of the discussion is to work
in good faith to consider fully all feasible potential reasonable
accommodations.
(e) Case-by-Case Determination: The City shall conduct an individualized
assessment in accordance with applicable law, whether reasonable
accommodation(s) can be made, and if so, the type of
accommodation(s) to provide. The City does not need to provide
accommodation(s) that would pose an undue hardship upon City,
meaning it would cause the City to incur significant expense, impair City
operations, or would endanger the health or safety of the employee or
others. The City will inform the employee in writing of its decision as to
reasonable accommodation(s).
Section 9. Eligibility for Benefits: All full-time employees and designated regular part-
time employees are eligible to receive group health, dental, vision, life,
deferred compensation, disability insurance and unemployment insurance
within the City’s group insurance carrier(s). The administrative cost thereof
and a portion of the cost of the premiums will paid by the City after 30 days of
employment. The City’s cost share of the monthly premium contribution
(benefit allotment) may be amended from time to time as reflected in the
annual budget adopted by the City Council. Members of the City Council,
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management employees (Executive and Exempt), and employees defined as
full-time exempt, will receive an additional $30 to be applied to premium costs.
Dependents of employees are eligible to be covered under the employee's
health, dental and vision insurance.
In accordance with its contract with CalPERS, the City will contribute the
minimum amount required pursuant to Government Code Section 22892 (c)
for qualifying retirees enrolled in a CalPERS health plan.
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RULE IV
CLASSIFICATION
Section 1. Classification Plan: The City has established a classification plan. The plan
consists of classes of positions in the City service defined by class
specifications, including title, definition of the position, supervision received
and exercised, a description of the duties and responsibilities of positions in
each class, and the training, experience, and other qualifications to be
required of applicants for positions in each class. The classification plan is
maintained so that all positions substantially similar with respect to duties,
responsibilities, authority, and character of work are included within the same
class and allocated to the same schedules of compensation.
Section 2. Adoption, Amendment, and Revision of Plan: The classification plan may be
amended from time to time by resolution of the City Council.
Section 3. New Positions: When a new position is created, the classification plan must
be amended and an employment eligibility list established, unless the position
is filled by a promotional appointment or position reclassification.
Section 4. Classification Studies: Classification study requests shall be submitted by the
Department Director to the Human Resources Division for review in order to
determine if the duties and responsibilities of the position have substantively
changed, have become inequitably aligned in relation to other classifications
within the City service, and/or are otherwise incorrectly designated. Upon
receiving approval from the City Manager, a classification study shall be
conducted and the position may be reclassified to a more appropriate class,
whether new or already created, at a higher or lower maximum salary level.
After conducting a classification analysis of the position(s) authorized for
study, the City Manager will recommend classification changes, if any, to the
City Council for approval.
Section 5. Qualifying Examination: A reclassification with a title change that results in a
salary increase above the old classification may require of the incumbent a
qualifying examination to determine whether the incumbent possesses the
minimum qualifications for the new class. The method for the qualifying
examination shall be determined by the appointing authority. An incumbent
proposed for a reclassification who does not pass the qualifying examination
shall retain his or her original title and class until such time as he or she does
pass the qualifying examination.
An employee whose position is being reclassified upward and who has
previously passed the examination for the position within the last two years,
and whose name appears on an employment eligibility list for such a position,
need not take a qualifying examination.
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Section 6. Upward Reclassification - In any case where a position is reclassified to a class
with a salary range having a higher maximum salary rate, and the incumbent
meets the qualification(s) requirement for the new class, and is in fact
performing the full range of duties and responsibilities of that position, the
effect of this action shall be as follows:
(a) Effective Date: The effective date of a reclassification action shall
normally coincide with the first working day of the first pay period
following the date of City Manager approval.
(b) Salary: The incumbent shall be entitled to the closest higher step within
the new salary range that would provide a minimum of a 5% increase,
but not to exceed the maximum of the range.
(c) Merit Increase Eligibility Date: The incumbent's eligibility date for the
next merit increase shall be one year from the effective date of the
reclassification.
(d) Employee Status/Performance Review Date: A new probationary
period is not required. The incumbent's date for the next performance
review shall be set one year from the effective date of the upward
reclassification.
Section 7. Downward Reclassification: In any case where a position is reclassified to a
class with a salary range having a lower maximum salary rate, the effect of
this action shall be as follows:
(a) Effective Date: The effective date of a reclassification action shall
normally coincide with the first working day of the first pay period
following the date of City Manager approval.
(b) Salary: The incumbent shall either:
(1) Retain current salary if current salary is the same as a step within
the salary range of the new class; or
(2) Be placed on the closest step within the salary range of the new
class that approximates the current salary if the current salary is
between steps within the new salary range; or
(3) Be reduced to the maximum step of the salary range of the new
class if current salary is greater than the maximum of the new
salary range; or
(4) Be assigned a "Y" rate designation that holds the incumbent at
a current salary which is above the new range until such time as
the salary rate of the new class is the same as or exceeds the
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amount of the "Y" rate. Establishment of a "Y" rate is an
administrative determination and requires approval of the
Human Resources Manager and City Manager.
(c) Employee Status/Performance Review Date: A new probationary
period is not required. The incumbent's date for the next performance
review shall be set one year from the effective date of the downward
reclassification.
Section 8. Flexible Staffing Program: Authorizes the City Manager to promote qualified
individuals from an entry-level position to a professional level classification
where a job series exists to more effectively staff the organization and serve
the public in an efficient and cost-effective manner where budgetary
authorization is available without increasing head count.
Part-time Non-Benefitted Positions
Entry Level Higher Level Highest Level
Recreation Leader I Recreation Leader II Recreation Leader III
Maintenance Worker I Maintenance Worker II
Full-time Benefitted Positions
Entry Level Higher Level
Maintenance Worker Senior Maintenance Worker
Assistant Engineer Associate Engineer
Assistant Planner Associate Planner
Neighborhood Improvement Officer Senior Neighborhood Improvement Officer
Management Analyst Senior Management Analyst
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RULE V
COMPENSATION
Section 1. Compensation Plan: The City has established a pay plan covering all classes
of positions in the City service, showing the minimum and maximum rates of
pay.
Section 2. Amendment of Plan: The compensation plan may be amended from time to
time by action resolution of the City Council.
Section 2a. Comprehensive Compensation Survey: A Comprehensive Compensation
Survey will be conducted, as needed, but not less than every three (3) years
to assure that the City’s jobs are paid equitably against the labor market equal
to the median of the survey. The Survey will utilize benchmark job
classifications and include labor market comparisons of the established survey
cities.
Section 3. Salary upon Initial Hire: Department Directors shall have the discretion to
place the employee at the A, B, or C step of the salary range of the
classification into which the employee is hired. An employee may be placed
at any step beyond the C step of the salary range of the classification into
which the employee is hired subject to the approval of the City Manager.
Section 4. Merit Step Advancement: After six (6) months employment as a probationer,
an benefitted employee is eligible to advance to the next salary step if his or
her performance evaluation shows performance of satisfactory or above and
advancement is approved by the Department Director. Upon successful
completion of twelve (12) months probationary employment and a satisfactory
or above performance evaluation as approved by the Department Director, the
employee will be eligible for advancement to the next salary step. Each year
thereafter and with a satisfactory or above performance evaluation as
approved by the Department Director, the employee will be eligible for
advancement to the next salary step.
Section 5. Merit Step Advancement for Intermittent Part-time Employees: A Part-time
Intermittent Employee is eligible for a stepmerit increase upon receipt
confirmation of a satisfactory job performance evaluationby their supervisor,
provided that the employee has completed a minimum of one (1) full year of
employment and five nine hundred fifty (59050) hours of work during the
annual evaluation period. An employee that works less than fivenine hundred
fifty (59050) hours during an evaluation period shall be eligible for a step
increase once they work nine hundred fifty (9050) hours. Employees will be
eligible for a step increase every year thereafter that they work 9050 hours
until they reach the top step of their salary range. only upon reaching the
second anniversary of hire date or last step increase, subject to a satisfactory
performance evaluation.
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Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a
step increase and an evaluation has not been completed, when the evaluation
is completed, if it is satisfactory or above, the employee will receive the annual
increase retroactively to their merit eligibility date. Performance evaluation
due dates will be tracked by the Human Resources Division. A merit increase
pending a performance evaluation may be given at the discretion of the City
Manager provided that the overall rating of the employee’s annual
performance is satisfactory or above.
Section 7. Merit Step Denial: When an employee has not demonstrated the minimum
required satisfactory rating for performance on the job during the review
period, the Department Director shall defer the salary step (merit) increase for
a specified period of time that may extend to the next review date. During such
deferment period, formal performance reviews shall be made at intervals
determined by the Department Director with the concurrence of the Human
Resources Manager. An employee whose salary step (merit) increase is
withheld on his/her review date, but approved at a later date, shall have the
effective date of the subsequent approval become the new review date for
eligibility unless the Department Director and Human Resources Manager
mutually agree on an earlier date. Part-time intermittent employees who have
not worked the requisite number of hours on an annual basis shall have their
merit increase deferred until they work the minimum number of hours to meet
the eligibility requirement.
Section 8. Amount of Merit Step Adjustments: Merit step adjustments for full-time
employees are in approximately five percent (5%) increments to the maximum
of the salary range. An employee may be given multiple step increases, not
to exceed two (2) at any one time, at the recommendation of the Department
Director or Division Manager and upon approval of the City Manager.
Section 9. Merit Step for Employees on Leave: Eligibility for the merit step advancement
may be extended for an employee on an approved leave of absence until the
employee has returned to work and has thereafter completed the appropriate
period of service.
Section 10. Effective Date of Increase: Merit increases shall be effective the first day of
the pay period following the performance evaluation due date.
Section 11. Salary on Promotion: A full-timen employee promoted to a classification
having a greater maximum salary will be placed on the lowest step of the new
range that results in not less than a five percent (5%) increase above the
employee’s current regular salary. Upon recommendation of the Department
Director and approval of the City Manager, the employee may be placed at a
higher step.
Section 12. Salary on Demotion: An employee who is demoted will be placed within the
salary range for the class into which demoted. The salary will be set at the
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step which is lower and closest to the salary the employee was receiving
before the demotion.
Section 13. Salary on Reclassification: An employee who is reclassified will receive the
salary set forth below.
(a) If reclassified to a classification with the same salary range, the salary
will not change.
(b) If reclassified to a classification with a higher salary range, the salary
will be determined in the same manner as a promotion.
(c) If reclassified to a classification with a lower salary range, the employee
may be Y-rated with Human Resources Manager and City Manager
approval; retain current salary if current salary is the same as a step
within the salary range of the new class; be placed on the closest step
within the salary range of the new class that approximates the current
salary if the current salary is between steps within the new salary range;
or be reduced to the maximum step of the salary range of the new class
if current salary is greater than the maximum of the new salary range.
Section 14. Pay Periods: The compensation to all officers and employees of the City shall
be paid biweekly. Checks or electronic transfers in payment for compensation
will be made available by the City to employees and officers of the City on the
Friday succeeding the close of the pay period. In the event that pay day falls
on a holiday, payment will be made on the last work day preceding the holiday.
Section 15. Bilingual Pay: Employees who are requested by the City to use bilingual skills
during their scheduled work hours on a recurring basis to further the business
interests of the City shall receive a bilingual premium pay differential in
addition to their regular pay. Any full-time or part-time employee who is
required, as an essential part of his or her job, to provide non-English language
services, including Braille and sign language, routinely and consistently as part
of his or her regular job assignment as determined by the City, will receive a
Heavy Usage Bilingual Premium Pay Differential of 5% or Moderate Usage
Bilingual Premium Pay Differential of 2%. Differential pay for bilingual skills
shall be restricted to that which serves the actual needs of the job and the
business functions of the City. Bilingual ability alone or incidental use of the
skill when not related to the essential requirements of the job will not warrant
bilingual pay.
Department Directors shall recommend employees that are requested to use
bilingual skills during work hours and eligible for Bilingual Pay. The City
Manager shall consider the request. If approved by the City Manager, the
recommended employee will be subject to a language skills examination which
will be coordinated by the Human Resources Division. Upon successfully
passing the language skills test, the bilingual pay differential will be effective
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the following pay period. Employees’ eligibility for bilingual pay is subject to
periodic review and evaluation.
Section 16. Overtime:
(a) As a matter of general policy, the City does not permit employees to
work overtime and will provide adequate staff to handle normal
operations. However, non-exempt employees may be required to work
overtime at the discretion of the Department Director or Division
Manager.
(b) Overtime for non-exempt employees is defined as hours assigned to
be worked and actually worked in excess of forty (40) hours actually
worked in the designated work week. Paid leave hours (e.g. sick,
vacation, compensatory time, floating holidays, bereavement leave,
jury duty leave, administrative leave) do not count towards the
calculation of overtime.
(c) Non-exempt employees working overtime when not expressly
authorized to do so, may be subject to discipline.
(d) Overtime authorized and worked by non-exempt employees shall be
compensated at time and one half their regular rate of pay. The
employee may submit a request to the Department Director or Division
Manager to work overtime, which Department Director or Division
Manager shall have the unrestricted discretion to approve or not
approve,. If overtime is approved and earned, the employee may
request the overtime compensation in the form of accrued
compensatory time at time and one-half pay. However, an employee
may not accrue more than forty (40) hours compensatory time at any
time. All compensatory time earned but not taken shall be paid out at
the time of employment separation.
(e) If a non-exempt full-time employee is required to work on an City
observed holiday beyond the regular forty (40) hour work week, he or
she shall be entitled to pay at the rate of two (2)one and one-half (1 ½)
times their regular rate of pay.
(f) Employees who are exempt from the Fair Labor Standards Act (FLSA)
are compensated on a salary basis and are not eligible for overtime.
Section 17. Call-Out Pay: Non-exempt full-time and part-time employees will be paid a
minimum of two (2) hours pay if called out to respond to a City emergency.
Call-out occurs when an employee is ordered to return to duty on a non-
regularly scheduled work shift after his or her regular work shift has ended and
the employee has departed from City premises. Call-out does not occur when
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an employee is held over from his or her prior shift or is working prior to his/her
regularly scheduled shift.
Section 18. Acting Pay: An employee who is provisionally appointed to an acting or interim
position that is in a higher salary range than that of the class in which the
employee is normally assigned shall receive acting compensation subject to
the following conditions:
(a) Acting pay shall be provided only for appointments with duration greater
than twenty-one (21) consecutive calendar days and shall be
retroactive to the effective date of the acting appointment and continue
until completion of the assignment.
(b) Such acting appointments shall be made in writing by the City Manager
with a copy to the Human Resources Division.
(c) (c) Compensation shall be at the entrance salary step of the higher
range or the step within the higher salary range, which would provide a
minimum of five percent (5%) higher than the employee's current salary
step, whichever is greater.
(c)(d) Such acting appointments shall have a maximum duration of 180 days
except when made in cases to cover a long-term leave of absence.
Section 19. Temporary Upgrade/Special Assignment Pay: A temporary 5% increase in pay
shall be given to employees during periods when they temporarily assume
additional job duties or are assigned to a special project/program that are
outside their normal and customary job duties for more than one consecutive
pay period and not to exceed 180 days. The Department Director must secure
approval from the City Manager prior to assigning a temporary upgrade or
special assignment pay to an employee.
Section 20. Cost of Living Adjustment (COLA): At the adoption of the City’s annual budget,
a request by the City Manager may be made to the City Council to provide a
cost of living adjustment to the City’s employees’ compensation. The COLA
is the annual Consumer Price Index (CPI) percentage as issued by the
Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage
Earners and Clerical Workers Los Angeles-Riverside-Orange Counties,
California for year ending March of the current year. The City Council has the
sole discretion to adopt or modify the request at any time.
Section 21. Safety Footwear: It is the policy of the City to require the use of safety shoes
where foot hazards exist as a significant part of the job. The City will provide
a new pair of safety shoes to full-time field employees based upon “fair wear
and tear” of existing safety shoes to a maximum cost of $350 for each
employee determined to have job duties that involve a high degree of potential
foot hazards such as working on uneven and slippery surfaces, handling
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heavy objects, equipment, or tools potentially causing injuries from crushing
or penetrating actions. A steel toe safety shoe is required.
Section 22. Technology Stipend: Executive Management and Exempt Management are
eligible to receive a monthly stipend of $100 as a reimbursement for the
purchase and maintenance of personal cell phones, tablets, laptops, printers,
and/or phone/internet service in order to conduct City business and to respond
in emergency situations. Designated key full-time staff, as approved by the
City Manager, that are required to respond in emergency situations will be
eligible for a $50 stipend on a monthly basis.
Section 23. Performance Pay: Non-probationary full-time employees that have
demonstrated exceptional job performance, as defined and approved by the
City Manager, may be eligible to receive performance pay up to 10 percent of
the their annual salary once per fiscal year if approved by the City Manager. In
order to be eligible, employees must have been at the top step of their salary
range for at least one year. Funding for the Performance Pay program is
subject to approval by the City Council during the budget adoption process.
Section 24. Severance pay: The City Manager may authorize up to 90 days of severance
pay and continued health insurance as a result of a lay-off or an employment
separation for a benefitted employee.
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RULE VI
HOURS OF WORK
City employees may be assigned to work eight (8) hours per day, five (5) days per week or assigned
to the 9/80 flex plan under which they will work eighty (80) hours in a nine (9) day perioda traditional
five day or flexible schedule depending on the operational needs of the City.
Section 1. The 9/80 Plan: Generally, employees work nine (9) hours Monday through
Thursday and eight (8) hours every other Friday, exclusive of meal period or
nine (9) hours Tuesday through Friday and eight (8) hours every other
Monday. In some cases, the flex day may be a day other than Friday. If the
operational and service needs of the City dictate that an alternate flex day is
required, then the employee will work nine (9) hours on eight (8) of the nine
(9) work days, exclusive of meal period, and eight (8) hours every other
alternate flex day.
Section 2. Five Day Work Week: Generally employees work eight (8) hours per day
Monday through Friday, exclusive of meal period.
Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours
other than those set forth in Section 1 or Section 2.
Section 4. Work Week Defined: For all employees working a 9/80 schedule their
workweek shall begin exactly four hours into their eight hour shift on the day
of the week which constitutes their alternating regular day off.
For employees working five (5) days per week, the work week or work period
means a consecutive seven (7) day period that begins at 12:00 a.m. on
Sunday and ends at 11:59 p.m. on the following Saturday.
Section 5. Work Week Schedule Change: The City may change the work week when
public necessity or convenience so requires.
Section 6. Request to Change Schedule: Employees for whom personal necessity
requires a different schedule than above, may make a request for the alternate
schedule to the Department Director or Division Manager. If the Department
Director or Division Manager agrees with the request, the request will be
submitted to the City Manager for final approval. Generally, Aalternate
schedules must should begin no earlier than 7:00 a.m. and end no later than
6:00 p.m. and will not include a shorter meal period than belowrequired by law.
All schedules are based on the operational and service needs of the City and
requests to change schedule will only be approved if such requests support
City operations and service requirements and may be rescinded at any time.
Section 7. Meal Period: The City shall provide for regular and appropriate meal periods
for City employees. Department Directors and Division Managers shall assign
and schedule meal periods to meet the operational needs of work crews or
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work units. City employees shall be expected to use good judgment during
meal periods while serving as representatives of the City and in all cases
presenting a favorable image to the public. Meal periods are non-paid and
nonworking time and shallmay be one hour for all full-time employees. Every
effort will be made to schedule such meal period during the middle of the shift.
Meal periods shall not be combined with rest breaks to provide an extended
break. The scheduling and length of meal periods will be determined and
approved by the employee’s supervisor based on the service and operational
needs of the City.
The time allowed for meal periods includes any travel time to and from the
place where the meal break is taken. For field employees, meal breaks may
be taken at restaurants and food establishments within the City in close
proximity to the work site only if they can return to the job site within the
designated time limit. Supervisors should discourage employees who are
eligible for overtime from eating lunch at their desks to ensure that the
employee has a bona fide, uninterrupted meal period that shall not be counted
as hours worked.
Section 8. Rest Periods: All non-exempt City employees shall be provided with a fifteen-
minute rest break once during each four consecutive hour work period. The
fifteen-minute breaks are not cumulative and may be taken only when
prescribed. Compensatory time shall not be used to extend rest breaks. No
break shall occur within one (1) hour of starting time, meal break, or quitting
time unless special circumstances make this desirable, and in which case prior
approval shall be obtained from the employee's immediate supervisor. Rest
breaks shall not be combined with meal breaks to provide an extended break.
Where adequate on-site facilities exist, employees are required to use the
areas and facilities provided. In the case of field employees, rest breaks are
to be taken at the job site or may be taken at restaurants and food
establishments in the City in close proximity to the work site only if they can
return to the job site within the designated time limit. If in transit between jobs,
the break may be taken at a nearby City park or at the next job site.
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RULE VII
APPLICATIONS AND APPLICANTS
Section 1. Announcement: All examinations for positions in the competitive service shall
be publicized by posting announcements in City Hall, on the City’s website, or
by such other means as the City deems advisable. The announcements shall
specify the title and pay of the position for which the examination is
announced, the duties and responsibilities of the work to be performed, any
minimum qualifications established, the manner of making application, and
other pertinent information.
Section 2. Application: Applications shall be made as prescribed on the examination
announcement. Application forms shall require information covering training,
experience, and other pertinent information. All applications must be signed
by the applicant.
Section 3. Disqualification: The City Manager’s designee may reject any application
which indicates on its face that the applicant does not possess the minimum
qualifications required for the position or for any material cause which, in the
judgment of the City Manager’s designee would render the applicant
unsuitable for the position. Falsification of any information presented on the
employment application shall be grounds for rejection/disqualification from the
recruitment and/or termination from employment, if applicant is appointed to
the position and the City subsequently learns that the employment application
was falsified.
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RULE VIII
EXAMINATIONS
Section 1. Types of Examinations: The selection techniques used in the examination
process shall measure the knowledge and abilities of the applicants to execute
the duties and responsibilities of the class to which they seek to be appointed.
Examinations shall consist of selection techniques which will test fairly the
qualifications of candidates. The City Manager or designee may select the
appropriate examination(s) to be utilized in the selection process.
Section 2. Promotional Examinations: All candidates for promotion must meet the
minimum qualifications identified by the appointing authority.
The appointing authority will determine whether the examination is open
competitive or a promotional appointment.
Section 3. Continuous Examinations: Open competitive examinations may be
administered periodically for a single class as the needs of the service
required. Names shall be placed on employment lists, in order of final scores,
for a period of not more than one (1) year, unless extended by the City
Manager’s designee.
Section 4. Conduct of Examinations: The City Manager’s designee will determine the
manner and methods and by whom examinations shall be prepared and
administered.
Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified
applicant who is disabled request a reasonable accommodation for any part
of the testing process, the City may modify the process to reduce or eliminate
the testing barrier.
Section 6. Employment Reference Checks: The City is responsible for confirming
information provided by applicants in their employment application.
Information concerning an applicant's education and employment history
should be verified by the hiring department before a formal employment offer
is extended. This responsibility includes verification of an applicant's
educational history, credentials, licenses, professional certifications and
previous work experience. All newly appointed employees required to have a
valid motor vehicle license shall provide a Department of Motor Vehicles
(DMV) abstract to verify Driver's License validity and minimum past three (3)
year's driving history. Any written information obtained in the reference check
will be retained and destroyed in accordance with Government Code Sections
34090, et. seq. and the Records Retention Schedule of the Human Resources
Division.
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Section 7. Criminal Background Checks (Live Scans): To ensure that the interests of the
City, its employees and members of the public are protected and to help
minimize potential liability, the City obtains summary criminal background
reports from the Department of Justice on applicants for employment and
volunteer positions.
The City desires to identify those prospective qualified employees and
volunteers who have a criminal history so that information about criminal
history can be used once a conditional job offer has been extended to an in
post-interview employment decisions. Theapplicant. The City will evaluate the
applicant’s circumstances to determine if the conviction is sufficiently serious,
recent and job-related to disqualify him or her from the job.
Once a person has been selected as an employee or volunteer the employee
or volunteer shall report a conviction or arrest to his or her supervisor who
shall forward the information to the Department Director and Human
Resources Manager. Alternatively, the Human Resources Manager may be
informed directly. Once employed, an employee’s failure to report an arrest
or conviction may result in disciplinary action up to and including termination.
Section 8. Post Job Offer Physical Examinations: As a condition of City employment,
some candidates must successfully pass a post-offer physical, which may
include a substance abuse examination. Candidates being considered for
employment will be sent to a City authorized physician at the City’s expense.
Section 9. Immigration Reform and Control Act of 1986: In compliance with the
Immigration Reform and Control Act of 1986, all new employees must verify
identity and entitlement to work in the United States by providing required
documentation and must complete an I-9 form documenting ability to hold
employment in the U.S..
Section 10. Notification of Selection Process Results: Each person competing in an
employment selection process shall be given notice of placement or non-
placement on the employment eligibility list.
Section 11. Fitness for Duty Exams:
(a) Conditional Offer of Employment Examinations: After a conditional
offer of employment has been extended to an applicant, the City may,
in compliance with all applicable laws, require the applicant to submit
to a fitness for duty examination prior to conferring appointment.
(b) Current Employee Examinations: The City may require an employee
to submit to a fitness for duty examination to determine if the employee
is able to perform the essential functions of his or her job when there is
significant evidence: 1) the employee appears to be unable to perform
or has difficulty performing one or more essential functions of his or her
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job; and 2) there is reason to question the employee’s ability to
complete work duties safely or efficiently.
(c) Role of Health Care Provider: A City selected health care provider will
examine the employee or applicant at City expense. The City will
provide the heath care provider with a letter requesting a fitness for duty
examination and a written description of the essential functions of the
employee’s or applicant’s job. The health care provider will examine the
employee or applicant and provide the City with non-confidential
information regarding whether: 1) the employee or applicant is fit to
perform essential job functions; 2) there are any accommodations that
would enable the employee or applicant to perform essential job
functions; and 3) the employee’s or applicant’s employment poses a
threat to the health and safety of the employee/applicant or others.
Should the health care provider exceed the scope of the City’s request
and provide confidential health information, the City will return the
report to the health care provider and request another report that
includes only the non-confidential fitness for duty information that the
City has requested.
(d) Medical Information: During the course of a fitness for duty
examination, the City will not seek or use information regarding an
employee’s or applicant’s medical history, diagnoses, or course of
treatment without an employee’s or applicant’s written authorization.
(e) Medical Information from the Employee’s or Applicant’s Health Care
Provider: An employee may submit confidential medical information to
the City from his or her personal health care provider to consider in
conducting the fitness for duty examination. If the employee or applicant
provides written authorization, the Human Resources Manager will
submit the information that the employee or applicant provides to the
City paid health care provider who conducted the examination. The
Human Resources Manager will request the City-paid health care
provider to determine whether the information alters the original fitness
for duty assessment.
(f) Interactive Process Discussion: After receipt of both the health care
provider’s fitness for duty report and the analysis of the employee’s or
applicant’s personal health care information, if any, the Human
Resources Manager will arrange for a discussion or discussions, in
person or via conference telephone call, with the employee or applicant
and his or her representatives, if any. The purpose of the discussions
will be in good faith to fully discuss all feasible potential reasonable
accommodations. During the discussions, the Human Resources
Manager will also discuss, if relevant, alternate available jobs for which
the employee or applicant is qualified, or whether the employee
qualifies for disability retirement or medical leave.
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(g) Determination: After the discussions, the Human Resources Manager
will review the information received and determine if there is a
reasonable accommodation that would enable the individual to perform
essential job functions and if so, whether the accommodations would
pose an undue hardship on City finances or operations. The Human
Resources Manager will inform the individual of his or her
determination.
Section 12. Department of Motor Vehicle Pull Notice Program: The City participates in
the DMV Pull Notice Program which allows the City to obtain employee
driver license record information for those employees who drive on behalf of
the City. The driver license record monitoring assists the City in improving
public safety, determining if each employee has a valid driver’s license and
whether an employee has unsafe driving behavior.
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RULE IX
EMPLOYMENT ELIGIBILITY LISTS
Section 1. Employment Eligibility Lists: As soon as possible after the completion of an
examination, the City Manager’s Designee will prepare and keep available an
employment eligibility list consisting of the names of applicants who qualified
in the examination, arranged alphabetically.
Section 2. Duration of Lists: Employment eligibility lists, other than those from a
continuous examination, shall remain in effect for one (1) year, unless
exhausted sooner, and may be extended or abolished, prior to their expiration
dates, by action of the City Manager’s Designee, but in no event shall an
employment eligibility list remain in effect for more than two (2) years.
Section 3. Removal of Applicants from Lists: The name of any person appearing on an
employment eligibility list shall be removed by the City Manager’s Designee if
the person eligible requests in writing that his or her name be removed, fails
to respond to a notice, or has been certified for appointment and has not
commenced employment.
Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the
appointment of a person whose name is on an employment eligibility list for
the same position or a position with similar or higher qualifications. in the same
classification.
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RULE X
METHOD OF FILLING VACANCIES
Section 1. Types of Appointment: Except as otherwise provided herein, all vacancies in
the competitive service shall be filled by re-employment, transfer, voluntary
demotion, promotion or from eligibles certified by the City Manager’s designee
from an appropriate employment eligibility list.
Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department
Director or Division Manager shall submit a request to the City Manager’s
Designee for authorization to fill the position. The City Manager’s Designee
shall advise the Department Director or Division Manager as to the availability
of candidates from reemployment lists, requests for transfer, or demotion of
eligible candidates on an employment or promotional list. The City Manager’s
Designee may hold a new examination and establish a new employment
eligibility list, if requested.
Section 3. Appointment: After completion of the interview and selection process, the
Department Director or Division Manager shall recommend an employment
offer to be made to an eligible person designated by the Department Director
or Division Manager by the City Manager’s Designee. The City Manager’s
Designee shall thereupon notify the person of the conditional offer of
employment, subject to passing a physical examination and drug test (if
required).
Section 4. Veterans Preference: If candidates are identically qualified for appointment,
the appointment will be offered to the candidate who is a U.S. Military veteran,
honorably discharged.
Section 5. Temporary Assignments: Employees may be temporarily assigned higher or
lower duties without a change in pay for the purpose of filling a vacancy. Such
action shall not be deemed as a transfer, demotion, promotion, or
reclassification. In all cases where periodic or regular variations in
assignments occur because of seasonal needs, the temporary change of
duties or a change of the work schedule, of such variations shall be considered
as incidental to the position.
Section 6. Extended Assignment to Vacant Higher Position: Employees assigned to
perform duties in a vacant higher level regular position in excess of twenty-
one (21) consecutive calendar days shall be entitled to a salary rate increase
to the higher level for the time actually worked in the assignment. (See Rule
V, Section 18, Acting Pay.) The duration of such assignment to a vacant
higher position shall not exceed one (1) yearsix (6) months. It is the
responsibility of the Department Director or Division Manager to request such
salary rate increase to the City Manager’s Designee for approval.
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Section 7. Vacancies Outside the Competitive Service: Vacancies outside the
competitive service (e.g., executive positions, seasonal part-time, intermittent
part-time) will be filled by a process deemed appropriate by the City Manager.
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RULE XI
PROBATIONARY PERIOD
Section 1. Probationary Period: Upon initial and promotional appointment to a position
in the competitive service, an employee must serve a probationary period of
one year of actual and continuous service of 2,080 hours. Periods of time on
paid or unpaid leave in excess of five (5) working days (consecutive or not)
automatically extend the probationary period by the number of days the
employee is on leave. The City Council may, by resolution, establish a longer
probation period for a specified class prior to the time of appointment.
Section 2. Purpose of Probationary Period: During the probationary period, the
supervisor shall review, examine and monitor the conduct, capacity, efficiency,
skill, responsibility, integrity, and effectiveness of an employee to determine
whether the employee is fully qualified for employment in the classification and
position to which the employee has been appointed.
Section 3. Extension of Probationary Period: The probationary period may be extended
by the Department Director or Division Manager for a period up to six (6)
months by written notice to the employee prior to the expiration of the original
probationary period.
Section 4. Reduction of Probationary Period: The probationary period may be shortened
with the written approval of the City Manager.
Section 5. Rejection During Probation: At any time during the probationary period an
employee may be rejected from employment without cause and without right
of appeal.
Section 6. Rejection During Probation From a Promotional Position: A promoted
employee who has attained regular status in another classification of City
employment who does not successfully complete the probationary period in
the promoted class may be returned to the former classification or a
comparable classification without right to review or appeal unless terminated
for cause.
Section 7. Use of Leave During Probation: Authorized use of accrued sick leave, vacation
leave, administrative leave and Floating Holiday hours may be granted during
the probationary period upon approval of the Department Director, Deputy City
Manager, Assistant City Manager or City Manager.
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RULE XII
ATTENDANCE AND LEAVES
Section 1. Attendance and Absence Control: Full-time employees shall be in attendance
at their work in accordance with the rules regarding hours of work, except for
City holidays, and other authorized leave. Absence of any employee without
authorized leave may result in disciplinary action, up to and including
termination. Arriving late to work or leaving early in connection with scheduled
work times, breaks, or meal periods is prohibited. An employee is required to
seek advance permission from his/her supervisor for any foreseeable absence
or deviation from regular working hours.
(a) Employee’s Duty to Notify of Late Arrival or Absence: An employee
who is unexpectedly unable to report for work as scheduled must notify
his/her immediate supervisor no later than the beginning of the
employee’s work shift and report the absence or expected time of
arrival and the reason for the absence or late arrival. If the employee's
immediate supervisor is not available, the employee must notify the
Department Director. An employee who fails to timely notify the
supervisor of absences, or who is not present and ready to work during
all scheduled work times, will be deemed to have an unauthorized tardy
or absence and will not receive compensation for the period of absence.
(b) Excessive Tardiness/Absenteeism: Excessive tardiness or
absenteeism may be grounds for discipline, up to and including
termination. Abuse of, or misrepresentation of any form of accrued or
unpaid leave time will be grounds for discipline, up to and including
termination.
Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment. It
is a leave of absence with pay for recreation and well-being of the employee.
If an employee has exhausted sick leave, vacation may be used for sick leave
upon request of the employee and with approval of the City Manager,
Assistant City Manager, Deputy City Manager, Department Director or Division
Manager.
(a) Employees shall accrue, on a pro-rata basis, vacation leave for
completed pay periods. Such vacation allowance shall be available for
use on the first day following the pay period in which it is earned.
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Length of Service from
Benefit Date
Annual
Vacation
Allowance
Accrual
Rate
On employment through
59 months
80 hours
3.08 hours
per pay
period
60 months through
119 months
120 hours
4.62 hours
per pay
period
120 months and up 160 hours
6.15 hours
per pay
period
(b) Maximum Accrual: Vacation leave may be accrued to a maximum of
360 hours. Once the 360 hour maximum accumulation is reached, no
further vacation leave shall accrue until the employee reduces the
accumulation below the maximum. However, at no time may an
employee’s amount of accrued vacation exceed 360 hours.
(c) Waiver of Maximum Accrual: A waiver of the 360-hour cap must be
requested by the Department Director or Division Manager and
approved by the City Manager, for a period not to exceed thirteen (13)
pay periods per fiscal year. If at the end of the waiver period the
maximum accrual amount is exceeded, vacation accrual for the
affected employee will stop. No further vacation time will be accrued
until the employee’s vacation leave balance is below the maximum
accrual amount. In the event that the failure to utilize vacation past the
thirteen pay period waiver is due to the City’s inability to allow an
employee to take vacation (as opposed to an employee’s delay and/or
failure to request vacation time off), the employee may, with City
Manager authorization, continue to accrue vacation.
(d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave
has been accrued, the employee is eligible to receive, at their request,
a one-time per year “cash out” payment for up to 80 hours of the
accrued vacation leave provided he or she has used 80 hours of his or
her accrued vacation leave during the previous twelve months. The
“cash out” value is at the employee’s current rate of pay regardless of
the rate at which the vacation leave hours were earned.
(e) The minimum charge against accumulated vacation leave shall be
fifteen (15) minutes or multiples thereof. Vacation leave shall be
compensated at the employee’s base rate of pay.
(f) The time during a calendar year at which an employee may take his or
her vacation shall be determined by the Department Director of Division
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Manager with due regard for the wishes of the employee and particular
regard for the operational and staffing needs of the City.
(g) All requests to use vacation leave shall be made with as much advance
notice as possible, and prior approval must be given by the employee’s
supervisor and Department Director or Division Manager. When
circumstances warrant and advance notice is impractical, Department
Directors or Division Managers may approve the use of vacation leave
for emergency absences. If an employee does not request time off in
advance and simply does not show up for work, the Department
Director or Division Manager may deny the use of vacation time or any
leave accruals, and said employee may be subject to disciplinary
action.
(h) When a fixed holiday falls within a vacation period, the holiday time
shall not be charged against an employee’s earned vacation benefits.
(i) Employees who terminate or retire shall be paid for all accrued vacation
leave earned at their base rate of pay at the time of their separation of
employment.
(j) For the purpose of determining their accrual rate, exempt employees
shall be credited with up to five (5) years of full-time City service for
equivalent public sector full-time service.
(k) Employees on Unpaid Leave do not accrue Vacation Leave.
(l) Temporary (working less than 1,000 hours per year), emergency, and
seasonal and intermittent part-time employees do not accrue Vacation
Leave.
(m) Regular part-time employees receive prorated Vacation Leave.
Section 3. Sick Leave: Sick Leave is defined as the authorized absence from duty of an
employee because of physical or mental illness, injury, pregnancy, confirmed
exposure to a serious contagious disease, or for a medical, optical, or dental
appointment. Sick leave may also be taken for diagnosis, care, or treatment
of an existing health condition of, or preventive care for, an employee, an
employee's family member (includes parent, child, spouse, registered
domestic partner, parent-in-law, sibling, grandchild or grandparent); or for an
employee who is a victim of domestic violence, sexual assault, or stalking, the
purposes described in Labor Code section 230(c) and Labor Code Section
230.1(a). Sick leave shall not be considered a privilege which an employee
may use at his/her discretion, but shall be allowed only in case of necessity for
the reasons provided in these Rules.
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(a) Accrual and Use of Sick Leave: The following sick leave amounts
provided shall be available for use following 90 days of employment.
Full-Time Benefitted Employees: Full-time benefitted employees
accrue sick leave for each payroll period completed, prorated on the
basis of 80 hours per year, or 3.08 hours per pay period. Full-time
benefitted employees can carry-over their accrued sick leave year to
year up to a cap of 480 hours. Once the sick leave cap is reached, the
employee will stop accruing additional sick leave hours.
Part-Time Benefitted Employees: Part-time benefitted employees
accrue prorated sick leave based on the full-time benefitted employee
amounts and terms as noted above. Part-time benefitted employees
can carry-over their accrued sick leave year to year up to a cap of 240
hours. Once the sick leave cap is reached, the employee will stop
accruing additional sick leave hours. For example, if a part-time
benefitted employee is half-time (50%) and is scheduled to work 1,040
hours in a fiscal year, the employee would be entitled to 40 hours of
accrued sick leave which is half the full-time benefitted employee
accrual rate.
Seasonal and Intermittent Part-Time Employees: Beginning July 1,
2015, sSeasonal and intermittent part time employees are eligible for
an allotment of 24 hours of paid sick leave on an annual basis. The full
allotment of 24 hours of paid sick leave will be given on July 1st each
year. Employees hired after July 1st will be given the full allotment of
24 hours of paid sick leave on the day the employee begins
employment. Employees are eligible to take paid sick leave after 90
days of employment. Paid sick leave for seasonal and intermittent
employees is not accrued, and cannot be carried over to the following
year, nor is it paid out upon employment separation.
(b) Minimum Use: The minimum charge against accumulated sick leave
shall be 15 minutes or multiples thereof. Approved sick leave with pay
shall be compensated at the employee’s base rate of pay.
(c) Proof of Qualifying Reason for Leave: If an employee is absent longer
than three (3) days or 24 hours due to sick leave, the Department
Director or Division Manager may require a physician’s certificate
and/or other medical evidence/certification verifying the need for leave
before the City honors any sick leave requests.
An employee who is absent in order to obtain relief or services related
to being a victim of domestic violence, sexual assault, or stalking must
provide appropriate certification of the need for such services. The
following types of certification shall be sufficient: (1) a police report
indicating that the employee was a victim of domestic violence, sexual
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assault, or stalking; (2) a court order protecting or separating the
employee from the perpetrator of an act of domestic violence, sexual
assault, or stalking, or other evidence from the court or prosecuting
attorney that the employee has appeared in court; (3) documentation
from a licensed medical professional, domestic violence counselor, a
sexual assault counselor, licensed health care provider, or counselor
that the employee was undergoing treatment for physical or mental
injuries or abuse resulting in victimization from an act of domestic
violence, sexual assault, or stalking.
(d) Notification: If the need to use accrued paid sick leave is foreseeable,
then, in order to receive compensation while absent from duty on sick
leave, the employee must notify his/her immediate supervisor or
Department Director or Division Manager prior to or within two (2) hours
after the time set for the beginning of his/her regular duties. If the need
for paid sick leave is not foreseeable, the employee shall provide notice
of the need for the leave to their supervisor as soon as practicable.
(e) Violations: Violation of sick leave Rules may result in disciplinary action
when in the opinion of the Department Director or Division Manager,
the employee has been excessively absent, has abused the sick leave
and/or has misrepresented its use.
(f) Sick Leave Payout: Each benefitted employee may voluntarily be paid
annually up to 80 hours of accrued sick leave in excess of 200 hours at
a rate of one-half (1/2) the employee’s current wage at the time of
payment. Said payment is to be made during the month of December,
or at such other time as the City Manager may determine, at his/her
absolute discretion, as appropriate. After five (5) years of service, when
an employee retires, resigns or terminates in good standing, that
employee will be paid all accumulated sick leave at a rate of one-half
(1/2) of the employee’s current rate of pay at his or her date of
separation.
(g) Employees on Unpaid Leave: Employees on unpaid leave do not
accrue sick leave.
Section 4. Occupational Injury or Illness Leave: Whenever an employee is compelled to
be absent from employment with the City on account of injury or illness arising
out of or in the course of that employee’s employment as determined under
the Workers’ Compensation Act, the employee may elect to apply pro-rated
accrued sick leave, if any, to such absence to receive compensation of an
amount of the difference between the compensation received under the
Workers’ Compensation Act and that of the employee’s regular pay, not to
exceed the amount of the employee’s earned sick leave. An employee, in
such instance, may also elect to use any earned vacation time in like manner
after sick leave is exhausted. An employee, in such instance, may also elect
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to use any earned Administrative Leave and Floating Holiday hours in like
manner after sick leave and earned vacation time are exhausted. Employees
shall receive full salary in lieu of Workers’ Compensation benefits and paid
sick leave for the first three days following an occupational injury or illness, if
authorized absence is by order of an accepted physician under the Workers’
Compensation sections of the California Labor Code.
Section 5. Bereavement Leave: When circumstances are such and the City Manager
determines that conditions warrant, three days (twenty-seven 27 hours) of paid
bereavement leave may be used by, benefitted employees, per occurrence in
the event of death of a spouse, domestic partner, child, brother, sister, parent,
parents-in-laws, or grandparent of a full-time employee. With City Manager
approval, up to an additional two days (eighteen 18 hours) of sick leave may
be used to supplement bereavement leave.
In the event of the death of other relatives and with City Manager approval,
three days (twenty-seven 27 hours) of sick leave may be used per occurrence
for the death of aunts, uncles, or other individuals related by blood or marriage.
Section 6. Jury Duty and Witness Leave: If a regular full-time employee is required to
serve as a trial juror, such employee shall receive regular pay while actually
performing jury service. Amounts received by such employee from the Court
as payment for service as a juror, except mileage paid to the employee, must
be reimbursed to the City in order to remain on paid status. Part-time regular
employees shall receive prorated pay based on the hours they were scheduled
to work. Employees will be required to provide a Jury Duty Certification form
to their supervisor, to be attached to their time sheet for that time period.
Employees shall be granted leave with pay when subpoenaed to testify in a
matter arising out of the scope of their employment with the City.
Employees absent from work due to jury duty or witness leave must daily notify
their immediate supervisor or Department Director or Division Manager of the
status of their leave.
Section 7. Administrative Leave: Full-time exempt employees are allowed twenty-seven
(27) hours of administrative leave per fiscal year, Department Directors are
allowed forty-five (45) hours of Administrative Leave per fiscal year and
designated Exempt Managers are allowed thirty-six (36) hours of
Administrative Leave per fiscal year. Administrative leave hours are added to
eligible employees’ leave banks at the beginning of each fiscal year provided
the employee has not reached the maximum accrual of hours.
Administrative Leave may be accumulated and carried over to the following
year for a maximum accrual of up to two (2) years. Employees may not accrue
more than two (2) years of administrative leave at any point and will cease to
accrue administrative leave once the maximum is reached. Requests for
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Administrative Leave must be approved by the immediate supervisor and the
City Manager. Use of Administrative Leave will be authorized at the
convenience of the City and the work schedule. Additional hours of leave may
be authorized by the City Manager, based on the number of total hours the
individual works over and above forty (40) hours per work week or for
exceptional performance and must be taken or cashed out within one (1) year.
Section 8. Family and Medical Leave:
(a) Statement of Policy: To the extent not already provided for under
current leave policies and provisions, the City will provide family and
medical care leave for eligible employees as required by state and
federal law. The following provisions set forth certain of the rights and
obligations with respect to such leave. Rights and obligations which are
not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of
1993 (“FMLA”), and the regulations of the California Family Rights Act
(“CFRA”). Unless otherwise provided by these Rules, “leave” under this
Section 8 only shall mean leave pursuant to the FMLA and CFRA.
(b) Definitions:
(1) “12-Month Period” means a rolling 12-month period measured
backward from the date leave is taken and continuous with each
additional leave day taken.
(2) “Single 12-month period” means a 12-month period which
begins on the first day the eligible employee takes FMLA leave
to take care of a covered service member and ends 12 months
after that date.
(3) “Child” means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self care because of a
mental or physical disability. An employee’s child is one for
whom the employee has actual day-to-day responsibility for care
and includes, a biological, adopted, foster or step-child.
(4) A child is “incapable of self care” if he/she requires active
assistance or supervision to provide daily self care in three or
more of the activities of daily living or instrumental activities of
daily living — such as, caring for grooming and hygiene, bathing,
dressing and eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using
telephones and directories, etc.
(5) “Parent” means the biological, adoptive, step or foster parent of
an employee, or an individual who stands or stood in loco
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parentis (in place of a parent) to an employee when the
employee was a child. This term does not include parents-in-law.
(6) “Spouse” means a husband or wife as defined or recognized
under California State law for purposes of marriage.
(7) “Domestic Partner,” as defined by Family Code §§ 297 and
299.2, shall have the same meaning as “Spouse” for purposes
of CFRA Leave.
(8) “Serious health condition” means an illness, injury impairment,
or physical or mental condition that involves:
i) Inpatient Care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any
period of incapacity (i.e., inability to work, or perform
other regular daily activities due to the serious health
condition, treatment involved, or recovery therefrom); or
ii) Continuing treatment by a health care provider: A serious
health condition involving continuing treatment by a
health care provider includes any one or more of the
following:
a. A period of incapacity (i.e., inability to work, or
perform other regular daily activities) due to
serious health condition of more than three full
consecutive calendar days, and any subsequent
treatment or period of incapacity relating to the
same condition, that also involves:
i. Treatment two or more times within 30 days
of the first day of incapacity, unless
extenuating circumstances exist by a health
care provider, by a nurse, or by a provider
of health care services (e.g., a physical
therapist) under orders of, or on referral by
a health care provider. The first in-person
treatment visit must take place within seven
days of the first day of incapacity; or
ii. Treatment by a health care provider on at
least one occasion which must take place
within seven days of the first day of
incapacity and results in a regimen of
continuing treatment under the supervision
of the health care provider. This includes for
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example, a course of prescription
medication or therapy requiring special
equipment to resolve or alleviate the health
condition. If the medication is over the
counter, and can be initiated without a visit
to a health care provider, it does not
constitute a regimen of continuing
treatment.
b. Any period of incapacity due to pregnancy or for
prenatal care. (This entitles the employee to FMLA
leave, but not CFRA leave. Under California law,
an employee disabled by pregnancy is entitled to
pregnancy disability leave.)
c. Any period of incapacity or treatment for such
incapacity due to a chronic serious health
condition. A chronic serious health condition is one
which:
i. Requires periodic visits (defined as at least
twice a year) for treatment by a health care
provider or by a nurse;
ii. Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
iii. May cause episodic rather than a
continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.). Absences
for such incapacity qualify for leave even if
the absence lasts only one day.
d. A period of incapacity which is permanent or long
term due to a condition for which treatment may
not be effective. The employee or family member
must be under the continuing supervision of, but
need not be receiving active treatment by, a health
care provider.
e. Any period of absence to receive multiple
treatments (including any period of recovery
therefrom) by a health care provider or by a
provider of health care services under orders of, or
on referral by, a health care provider, either for
restorative surgery after an accident or other
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injury, or for a condition that would likely result in a
period of incapacity of more than three
consecutive calendar days in the absence of
medical intervention or treatment.
(9) “Health Care Provider” means:
i) A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State of California;
ii) Individuals duly licensed as a physician, surgeon, or
osteopathic physician or surgeon in another state or
jurisdiction, including another country, who directly treat
or supervise treatment of a serious health condition;
iii) Podiatrists, dentists, clinical psychologists, optometrists,
and chiropractors (limited to treatment consisting of
manual manipulation of the spine to correct a subluxation
as demonstrated by X-ray to exist) authorized to practice
in California and performing within the scope of their
practice as defined under California State law;
iv) Nurse practitioners and nurse-midwives, clinical social
workers, and physician assistants who are authorized to
practice under California State law and who are
performing within the scope of their practice as defined
under California State law;
v) Christian Science practitioners listed with the First Church
of Christ, Scientist in Boston, Massachusetts; and
vi) Any health care provider from whom an employer or
group health plan’s benefits manager will accept
certification of the existence of a serious health condition
to substantiate a claim for benefits.
(10) “Covered active duty” means: (1) in the case of a member of a
regular component of the Armed Forces, duty during the
deployment of the member with Armed Forces to a foreign
country, or (2) in the case of a member of a reserve component
of the Armed Forces, duty during the deployment of a member
of the Armed Forces to a foreign country under a call or order to
active duty under certain specified provisions.
(11) “Covered Servicemember” means (1) a current member of the
Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or illness
incurred in the line of duty on active duty; or (2) a veteran who is
undergoing medical treatment, recuperation, or therapy, for a
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serious injury or illness and who was a member of the Armed
Forces, including a member of the National Guard or Reserves,
at any time during the period of five years preceding the date on
which the veteran undergoes that medical treatment,
recuperation, or therapy.
(12) “Outpatient Status” means, with respect to a covered
servicemember, the status of a member of the Armed Forces
assigned to either: (1) a military medical treatment facility as an
outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces
receiving medical care as outpatients.
(13) “Next of Kin of a Covered Servicemember” means the nearest
blood relative other than the covered servicemember’s spouse,
parent, son, or daughter, in the following order of priority: Blood
relatives who have been granted legal custody of the covered
service member by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered servicemember has specifically designated
in writing another blood relative as his or her nearest blood
relative for purposes of military caregiver leave under the FMLA.
(14) “Serious Injury or Illness” (1) in the case of a member of the
Armed Forces, including a member of the National Guard or
Reserves, means an injury or illness that was incurred by the
member in the line of duty on active duty in the Armed Forces
(or existed before the beginning of the member’s active duty and
was aggravated by service in the line of duty on active duty in
the Armed Forces) and that may render the member medically
unfit to perform the duties of the member’s office, grade, rank, or
rating; or (2) in the case of a veteran who was a member of the
Armed Forces, including a member of the National Guard or
Reserves, at any time during the period of five years preceding
the date on which the veteran undergoes that medical treatment,
recuperation, or therapy, means a qualifying injury or illness that
was incurred by the member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the
member’s active duty and was aggravated by service in the line
of duty on active duty in the Armed Forces) and that manifested
itself before or after the member became a veteran.
(c) Reasons for Leave: Leave is only permitted for the following reasons:
(1) The birth of a child or to care for a newborn of an employee;
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(2) The placement of a child with an employee in connection with
the adoption or foster care of a child;
(3) Leave to care for a child, parent, spouse, or domestic partner
who has a serious health condition;
(4) Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her position;
(5) Leave for a “qualifying exigency” may be taken arising out of the
fact that an employee’s spouse, son, daughter, or parent is on
covered active duty or call to active duty status (under the FMLA
only, not the CFRA); or
(6) Leave to care for a spouse, son, daughter, parent, or “next of
kin” who is a covered servicemember of the United States Armed
Forces who has a serious injury of illness incurred in the line of
duty while on active military duty or existed before the beginning
of the member’s active duty and was aggravated by service in
the line of duty on active duty in the Armed Forces (this leave
can run up to 26 weeks of unpaid leave during a single 12-month
period) (under the FMLA only, not the CFRA).
(d) Employees Eligible for Leave: An employee is eligible for leave if the
employee:
(1) Has been employed for at least 12 months; and
(2) Has been employed for at least 1,250 hours during the 12-month
period immediately preceding the commencement of the leave.
(e) Amount of Leave: Eligible employees are entitled to a total of 12
workweeks (or 26 weeks to care for a covered servicemember) of leave
during any 12-month period. Where FMLA leave qualifies as both
military caregiver leave and care for a family member with a serious
health condition, the leave will be designated as military caregiver leave
first.
(1) Minimum Duration of Leave: If leave is requested for the birth,
adoption or foster care placement of a child of the employee,
leave must be concluded within one year of the birth or
placement of the child. In addition, the basic minimum duration
of such leave is two weeks. However, an exception can be made
to allow at least one day, but less than two weeks duration on
any two occasions.
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If leave is requested to care for a child, parent, spouse or the
employee him/herself with a serious health condition, there is no
minimum amount of leave that must be taken. However, the
notice and medical certification provisions of this policy must be
complied with.
(2) Spouses Both Employed by the City: In any case in which both
spouses are employed by the City are entitled to leave, the
aggregate number of workweeks of leave to which both may be
entitled may be limited to 12 workweeks during any 12-month
period if leave is taken for the birth or placement for adoption or
foster care of the employees’ child (i.e., bonding leave).
In any case in which both spouses are employed by the City are
entitled to leave, the aggregate number of workweeks of leave
to which both may be entitled may be limited to 26 workweeks
during any 12-month period if leave is taken to care for a covered
servicemember.
Except as noted above, this limitation does not apply to any other
type of leave under this policy.
(f) Employee Benefits While on Leave: Leave under this policy is unpaid.
While on leave, employees will continue to be covered by the City’s
group health insurance to the same extent that coverage is provided
while the employee is on the job.
Employees may make the appropriate contributions for continued
coverage under the preceding non-health benefit plans by payroll
deductions or direct payments made to these plans. Depending on the
particular plan, the City will inform you whether the premiums should
be paid to the carrier or to the City. Your coverage on a particular plan
may be dropped if you are more than 30 days late in making a premium
payment. However, you will receive a notice at least 15 days before
coverage is to cease, advising you that you will be dropped if your
premium payment is not paid by a certain date. Employee contribution
rates are subject to any change in rates that occurs while the employee
is on leave.
If an employee fails to return to work after his/her leave entitlement has
been exhausted or expires, the City shall have the right to recover its
share of health plan premiums for the entire leave period, unless the
employee does not return because of the continuation, recurrence, or
onset of a serious health condition of the employee or his/her family
member which would entitle the employee to leave, or because of
circumstances beyond the employee’s control. The City shall have the
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right to recover premiums through deduction from any sums due the
City (e.g. unpaid wages, vacation pay, etc.).
(g) Substitution of Paid Accrued Leaves: While on leave under this policy,
as set forth herein, an employee may elect to concurrently use paid
accrued leaves. Similarly, the City may require an employee to
concurrently use paid accrued leaves after requesting FMLA and/or
CFRA leave, and may also require an employee to use family and
medical care leave concurrently with a non-FMLA/CFRA leave which is
FMLA/CFRA-qualifying.
(1) Employee’s Right To Use Paid Accrued Leaves Concurrently
With Family Leave: Where an employee has earned or accrued
paid vacation, administrative leave, compensatory time, floating
holidays or sick leave, that paid leave may be substituted for all
or part of any (otherwise) unpaid leave under this policy.
As for sick leave, an employee is entitled to use sick leave
concurrently with leave under this policy if:
a. The leave is for the employee’s own serious health
condition; or
b. The leave is needed to care for a parent, spouse, child,
or domestic partner with a serious health condition, and
would be permitted as sick leave under the City’s sick
leave policy.
(2) City’s Right To Require An Employee To Use Paid Leave When
Using FMLA/CFRA Leave: Employees must exhaust their
accrued leaves concurrently with FMLA/CFRA leave to the same
extent that employees have the right to use their accrued leaves
concurrently with FMLA/CFRA leave, with two exceptions:
a. Employees are required to use accrued compensatory
time earned in lieu of overtime earned pursuant to the Fair
Labor Standards Act; and
b. Employees will only be required to use sick leave
concurrently with FMLA/CFRA leave if the leave is for the
employee’s own serious health condition.
(3) City’s Right To Require An Employee To Exhaust FMLA/CFRA
Leave Concurrently With Other Leaves: If an employee takes a
leave of absence for any reason which is FMLA/CFRA-
qualifying, the City may designate that non-FMLA/CFRA leave
as running concurrently with the employee’s 12-week
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FMLA/CFRA leave entitlement. The only exception is for peace
officers and firefighters who are on leave pursuant to Labor Code
§ 4850.
(4) City’s and Employee’s Rights If An Employee Requests Accrued
Leave, Other than Accrued Sick Leave, Without Mentioning
Either the FMLA or CFRA: If an employee requests to utilize
accrued vacation leave or other accrued paid time off, other than
sick leave, without reference to a FMLA/CFRA-qualifying
purpose, the City may not ask the employee if the leave is for a
FMLA/CFRA-qualifying purpose. However, if the City denies the
employee’s request and the employee provides information that
the requested time off is for a FMLA/CFRA-qualifying purpose,
the City may inquire further into the reason for the absence. If
the reason is FMLA/CFRA-qualifying, the City may require the
employee to exhaust accrued leave as described above.
(h) Medical Certification: Employees who request leave for their own
serious health condition or to care for a child, parent or a spouse who
has a serious health condition must provide written certification from
the health care provider of the individual requiring care if requested by
the City.
If the leave is requested because of the employee’s own serious health
condition, the certification must include a statement that the employee
is unable to work at all or is unable to perform the essential functions of
his/her position.
Employees who request leave to care for a covered servicemember
who is a child, spouse, parent, or “next of kin” of the employee must
provide written certification from a health care provider regarding the
injured servicemember’s serious injury or illness.
The first time an employee requests leave because of a qualifying
exigency, an employer may require the employee to provide a copy of
the covered military member’s active duty orders or other
documentation issued by the military which indicates that the covered
military member is on active duty or call to active duty status in support
of a contingency operation, and the dates of the covered military
member’s active duty service. A copy of new active duty orders or
similar documentation shall be provided to the employer if the need for
leave because of a qualifying exigency arises out of a different active
duty or call to active duty status of the same or a different covered
military member.
(1) Time to Provide a Certification: When an employee's leave is
foreseeable and at least 30 days’ notice has been provided, if a
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medical certification is requested, the employee must provide it
before the leave begins. When this is not possible, the employee
must provide the requested certification to the City within the
time frame requested by the City (which must allow at least 15
calendar days after the employer's request), unless it is not
practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
(2) Consequences for Failure to Provide an Adequate or Timely
Certification: If an employee provides an incomplete medical
certification the employee will be given a reasonable opportunity
to cure any such deficiency. However, if an employee fails to
provide a medical certification within the timeframe established
by this policy, the City may delay the taking of FMLA/CFRA leave
until the required certification is provided.
(3) Second and Third Medical Opinions: If the City has reason to
doubt the validity of a certification, the City may require a medical
opinion of a second health care provider chosen and paid for by
the City. If the second opinion is different from the first, the City
may require the opinion of a third provider jointly approved by
the City and the employee, but paid for by the City. The opinion
of the third provider will be binding. An employee may request a
copy of the health care provider’s opinions when there is a
second or third medical opinion sought.
(4) Intermittent Leave or Leave on a Reduced Leave Schedule: If
an employee requests leave intermittently (a few days or hours
at a time) or on a reduced leave schedule to care for an
immediate family member with a serious health condition, the
employee must provide medical certification that such leave is
medically necessary. “Medically necessary” means there must
be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave
schedule.
(i) Employee Notice of Leave: Although the City recognizes that
emergencies arise which may require employees to request immediate
leave, employees are required to give as much notice as possible of
their need for leave. Except for qualifying exigency leave, if leave is
foreseeable, at least 30 days’ notice is required. In addition, if an
employee knows that he/she will need leave in the future, but does not
know the exact date(s) (e.g. for the birth of a child or to take care of a
newborn), the employee shall inform his/her supervisor as soon as
possible that such leave will be needed. Such notice may be orally
given. If the City determines that an employee’s notice is inadequate or
the employee knew about the requested leave in advance of the
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request, the City may delay the granting of the leave until it can, in its
discretion, adequately cover the position with a substitute.
For foreseeable leave due to a qualifying exigency, an employee must
provide notice of the need for leave as soon as practicable, regardless
of how far in advance such leave is foreseeable.
(j) Reinstatement upon Return from Leave
(1) Right to Reinstatement: Upon expiration of leave, an employee
is entitled to be reinstated to the position of employment held
when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to
reinstatement, benefits and other conditions of employment than
if the employee had been continuously employed during the
FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the
beginning of the leave, the employee will be reinstated on the
date agreed upon. If the reinstatement date differs from the
original agreement of the employee and City the employee will
be reinstated within two business days, where feasible, after the
employee notifies the employer of his/her readiness to return.
(2) Employee’s Obligation to Periodically Report on His/Her
Condition: Employees may be required to periodically report on
their status and intent to return to work. This will avoid any delays
to reinstatement when the employee is ready to return.
(3) Fitness-for-Duty Certification: As a condition of reinstatement of
an employee whose leave was due to the employee’s own
serious health condition, which made the employee unable to
perform his/her job, the employee must obtain and present a
fitness-for-duty certification from the health care provider that the
employee is able to resume work. Failure to provide such
certification will result in denial of reinstatement.
(4) Reinstatement of “Key Employees”: The City may deny
reinstatement to a “key” employee (i.e., an employee who is
among the highest paid 10 percent of all employed by the City
within 75 miles of the work site) if such denial is necessary to
prevent substantial and grievous economic injury to the
operations of the City, and the employee is notified of the City’s
intent to deny reinstatement on such basis at the time the
employer determines that such injury would occur.
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(k) Required Forms: Employees must fill out the following applicable forms
in connection with leave under this policy:
(1) “Request For Family, Medical, Pregnancy Disability and/or
Military Caregiver Leave Form” prepared by the City of Diamond
Bar to be eligible for leave. Note: Employees will receive a City
of Diamond Bar response to their request which will set forth
certain conditions of the leave;
(2) Medical certification—either for the employee’s own serious
health condition or for the serious health condition of a child,
parent, spouse or domestic partner.
(3) Authorization for payroll deductions for benefit plan coverage
continuation; and
(4) Fitness-for-duty to return from leave form.
Section 9. California Paid Family Leave: California Paid Family Leave is a component of
State Disability Insurance (SDI) program. Unlike SDI, however, which partially
covers employee wage loss due to a personal disability, injury, or pregnancy,
Paid Family Leave Insurance partially covers employee wage loss for
individuals who need to care for a seriously ill family member or bond with a
new child. Benefits are available for a maximum of six (6) weeks in a twelve
(12) month period. Paid Family Leave and SDI are both administered by the
state Employment Development Department (EDD) and funded entirely by
mandatory, payroll deductions.
Section 10. Pregnancy Disability Leave: An employee is eligible for four months of unpaid
leave while disabled from working due to pregnancy, childbirth or related
medical condition when there is certification by a physician that there is a
disability due to the pregnancy, childbirth, or related medical condition.
(a) During the pregnancy disability leave time, paid leave may be charged
to accrued benefit time such as vacation, administrative leave and
floating holidays, at the employee’s request. In addition, accrued sick
leave may be used at the employee’s request, in accordance with
Section 3.
(b) Health insurance benefits shall continue for the duration of the
pregnancy disability leave under the same conditions as if the
employee had continued employment. If the employee fails to return to
work after the period of leave to which the employee is entitled has
expired, the City is entitled to recover the premiums paid on behalf of
the employee for maintaining coverage, unless the employee does not
return because the employee is taking leave under the CFRA or
because of the continuation, recurrence, or onset of a health condition
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that entitles the employee to leave under the CFRA or other
circumstances beyond the employee’s control.
(b) The City Manager may require the employee to file a physician’s
certificate or personal affidavit and to provide reasonable notice of the
date the leave will begin and the estimated duration of the leave.
(c) Upon the expiration of pregnancy leave and the City’s receipt of a
written statement from the health care provider that the employee is fit
to return to duty, the employee will be reinstated to her original or an
equivalent position, unless it was eliminated for a legitimate business
reason during the leave. If the employee's original position is no longer
available, the employee will be assigned to an open position that is
substantially similar in job content, status, pay, promotional
opportunities, and geographic location as the employee's original
position.
(d) If upon return from leave an employee is unable to perform the essential
functions of the job because of a physical or mental disability, the City
will initiate an interactive process with the employee in order to identify
a potential reasonable accommodation. An employee who fails to
return to work after the termination of her leave loses their
reinstatement rights.
Section 11. Election Leave: If a full-time employee does not have sufficient time outside
of working hours to vote at a statewide election, the employee may, without
loss of pay, take off enough working time which will enable the voter to vote;
provided that in no event shall an employee receive more than two (2) hours
of paid election leave. Regular part-time employees are eligible for election
leave based upon hours scheduled to work. The time off for voting shall be
only at the beginning or end of the regular work shift, whichever results in the
least time off from the regular working shift, unless otherwise mutually agreed
upon. The employee shall give the supervisor at least two working days’ notice
that time off for voting is desired.
Section 12. School Visit Leave: Full-time and regular part-time employees are permitted
to use up to forty (40) hours of leave for the purpose of participating in their
children’s school activities. Vacation or Floating Holiday Leave must be used
for this purpose, and the request for time off cannot exceed eight (8) hours in
any calendar month. In the event the employee has exhausted all accrued
vacation leave and floating holiday hours, leave without pay may be taken for
this purpose and all hour restrictions apply.
Section 13. Leave of Absence Without Pay: The City Manager may grant a regular
employee a leave of absence without pay for a period not to exceed one (1)
year. No such leave shall be granted except upon written request of the
employee, setting forth the reason for the request. Approval will be in writing.
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Upon expiration of a regularly approved leave or within a reasonable period of
time after notice to return to duty, the employee shall be reinstated in the
classification held at the time leave was granted. Failure on the part of an
employee on leave to report promptly at its expiration, or within a reasonable
time after notice to return to duty may be cause for disciplinary action up to
and including termination. Such leave of absence shall not be counted as a
break in service for purposes of satisfying the continuous employment
requirement for vacation allowance.
(a) Department Directors may grant an employee leave of absence without
pay for a period not to exceed one (1) calendar week. Such leaves
shall be reported to the City Manager.
(b) An employee on leave of absence without pay does not accrue sick
leave, vacation time, or receive benefits while on leave. Such
employee does not lose or forfeit any sick leave or unpaid vacation time
that had been accumulated prior to the time being granted. The
employee shall pay for his or her own health benefits during this leave
period and will not receive the monthly benefit allotment contribution
made by the City.
Section 14. Military Leave: Military leave shall be granted to City employees in
accordance with the provisions of current federal and state law. An employee
requesting leave for this purpose shall provide the Department Director with a
copy of the military orders specifying the dates, site and purpose of the activity
or mission. Within the limits of such orders, the Department Director may
determine when the leave is to be taken and may modify the employee’s work
schedule to accommodate the request for leave.
Section 15. Political Leave: Political leave may be granted to any employee who is
declared a candidate for public office subject to the provisions of Section 13:
Leave of Absence Without Pay.
Section 16. Leave for Victims of Violence: An employee who has been a victim of a violent
crime or domestic violence may take time off to: 1) appear in court to comply
with a subpoena or other court order as a witness in any judicial proceeding;
2) seek medical or psychological assistance; or 3) participate in safety
planning to protect against further assaults.
An affected employee must give the City reasonable notice that he or she is
required to be absent for a purpose stated above. In cases of unscheduled or
emergency court appearances or other emergency circumstances, the
affected employee must, within a reasonable time after the appearance,
provide the City with written proof that the absence was required for any of the
above reasons. Leave under this section is unpaid unless the employee uses
vacation or accrued time off.
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RULE XIII
HOLIDAYS
Section 1. Holidays Observed: The City’s observed paid holidays are as follows:
1. New Year’s Day (January 1)
2. President’s Day (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed the first Monday in September)
6. Veteran’s Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Eighteen (18) Floating Holiday Hours
Holidays which fall on Saturday shall be observed the preceding Friday and
holidays which fall on Sunday shall be observed on the following Monday.
Paid holidays are only for the observed days.
If an observed holiday falls on a nine (9) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive nine (9) hours
of holiday pay and those employees on a traditional work schedule shall
receive eight (8) hours of holiday pay.
If an observed holiday falls on an eight (8) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive eight (8) hours
of holiday pay and those employees on the traditional work schedule shall
receive eight (8) hours of holiday pay.
If a full-time employee is scheduled to work on a City observed holiday, they
can opt to convert the eight (8) or nine (9) hours of holiday pay into floating
holiday leave subject to the provisions of Section 2 below.
Section 2. Floating Holidays:
(a) Each full-time employee is allowed eighteen (18) hours floating holiday
per calendar year, January through December. Regular part-time
employees are allowed prorated floating holiday hours per calendar
year, January through December based upon hours scheduled to work.
(b) Floating Holiday hours are not cumulative and must be used during the
above period or said employee will lose the allocated hours.
(c) Each employee must submit a request in advance, and approval must
be given by the employee’s supervisor and Department Director.
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(d) An employee is eligible to use floating holiday hours as they are
allocated.
(e) Floating Holiday hours may be used in lieu of sick leave only if all other
benefit time has been exhausted.
Section 3. Eligibility for Holidays: All employees are eligible for holiday pay except the
following:
(a) Intermittent temporary part-time employees.
(b) Temporary employees.
Section 4. Prorated Holiday Pay: Regular part-time employees shall receive prorated
pay for any holiday on which they are scheduled to work.
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RULE XIV
CHANGES IN EMPLOYMENT STATUS
Section 1. Transfer: An employee may be transferred by the City Manager at any time
from one position to another position in the same or comparable class. A
comparable class is one with essentially the same maximum salary limits,
involves the performance of similar duties and requires substantially the same
basic qualifications. Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be accomplished
only as provided in these Rules. No person shall be transferred to a position
for which he/she does not possess the minimum qualifications.
Section 2. Promotion: When practicable and consistent with the best interests of the City,
vacancies in the competitive service may be filled by promotion from within the
competitive service. All candidates for promotion must meet the minimum
qualifications identified by the appointing authority.
If, in the opinion of the City Manager, a vacancy in the position could be filled
better by an open, competitive examination instead of a promotional
appointment, he/she shall arrange for an open competitive examination and
for the preparation and certification of an eligibility list.
Section 3. Demotion: The appointing authority may demote an employee whose
performance of his/her required duties falls below standard or a regular
employee for disciplinary cause. No employee shall be demoted to a position
for which he/she does not possess the minimum qualifications. Such action
shall be subject to the City’s personnel provision on discipline and to the right
of appeal.
Section 4. Suspension: The appointing authority may suspend an at-will employee at
any time or a regular employee for cause.
Section 5. Reclassification: The appointing authority may request a reclassification study
of a position from one class to another if there has been a gradual accretion
or reduction of duties and/or responsibilities.
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RULE XV
SEPARATION FROM EMPLOYMENT
Section 1. Job Abandonment: An employee is deemed to have resigned if the employee
is absent for three (3) consecutive workdays without prior authorization and
without notification during the period of absence. On the second working day
of unauthorized absence, the supervisor shall send an e-mail or overnight
letter to the employee’s last known address or call the home and personal cell
phone number of the employee and leave a message informing the employee
that if the employee fails to report to work within one (1) workday, or receive
authorization for such absence, the employee will be subject to disciplinary
action including and up to termination. Employees separated from
employment for job abandonment will be reinstated with such charge removed
from the employee’s record upon presentation of justification for absence such
as severe accident, severe illness, arrest, or mental or physical impairment
which prevented notification.
Section 2. Discharge: An at-will employee may be discharged at any time without cause
or right of appeal. An employee in the competitive service may be discharged
for cause (as described in Rule XVIII, Section 2) at any time by the Department
Director or City Manager. Any employee in the competitive service who has
been discharged is entitled to rights provided in Rule XVII.
Section 3. Lay-off: The City Manager may lay off employees in the competitive service
because of change in duties or organization or shortage of work or funds. The
City Manager will designate classifications from which layoffs shall or will be
made.
(a) Notification: Employees to be laid off shall be given, whenever
possible, at least ten (10) calendar days prior notice.
(b) Order of Layoff: Employees shall be laid off in the inverse order of their
seniority in their classification in the department. Seniority shall be
determined based upon date of hire in the classification and higher
classifications in the department. A lay off out of the inverse order of
seniority may be made if, in the City’s judgment, retention of special job
skills is required. Within each class designated for layoff, employees
shall be laid off in the following order, unless special skills are required:
temporary, intermittent and seasonal part-time, part-time hired after
October 18, 2005, probationary, part-time regular, full-time regular.
In cases where there are two or more employees in the classification in
the department from which the layoff is to be made who have the same
seniority date, such employees shall be laid off on the basis of the last
evaluation rating in the class, providing such rating has been on file at
least thirty (30) days and no more than twelve (12) months prior to lay
off, in the following order:
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(1) All employees having ratings of “Needs Improvement” or “Does
Not Meet Expectations;”
(2) All employees having ratings of “Meets
ExpectationsSuccessful;”
(3) All employees having ratings of “Consistently Exceeds
Expectations” or “Frequently Meets and Exceeds Expectations.”
(c) Re-employment Rights for Laid-off Employees: Regular employees,
who have received a satisfactory or better evaluation for the twelve (12)
months prior to lay off, have completed their probationary period and
who have been laid off shall be automatically placed on a re-
employment list for one year for the classification from which they were
laid off.
Section 4. Resignation: An employee wishing to leave City employment in good standing
shall file with the Department Director or Division Manager at least ten (10)
working days before leaving the service, a written resignation stating the
effective date. Failure to give such notice shall mean the employee did not
terminate in good standing, unless the City Manager has waived the two-week
notice requirement. Failure to comply with this rule shall be entered on the
service record of the employee and may be cause for denying future
employment by the City. A resignation becomes final when accepted by the
City Manager and cannot be withdrawn.
Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been
separated while in good standing, may for a period of two (2) years after
resignation or separation be considered for reinstatement, upon
recommendation of the Department Director and approval of the City
Manager, to a position in the former employee’s same or comparable
classification or a lesser classification provided such a position is vacant and
available. The employee shall be reinstated to the salary range and step held
at the time of resignation or separation and shall receive a new anniversary
date which shall be the first date of employment upon reinstatement. The
employee will serve a new probationary period.
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RULE XVI
REPORTS AND RECORDS
Section 1. General: The City maintains a personnel file on each employee. An
employee’s personnel file shall contain only material that is necessary and
relevant to the administration of the City’s personnel program. Personnel files
are the property of the City, and access to the information they contain is
restricted.
Section 2. Notifying City of Changes in Personal Information: Each employee is
responsible to promptly notify the employee’s supervisor and the City
Manager’s designee of any changes in relevant personal information,
including but not limited to:
Mailing address
Telephone number
Persons to contact in emergency
Number and names of dependents
Section 3. Location of Personnel Files: The personnel files will be kept secure and
confidential by the Human Resources Manager.
Section 4. Medical Information:
(a) Separate Confidential Files. All medical information about an employee
or applicant is kept separately and is treated as confidential, in
accordance with federal and state law.
(b) Information in Medical Files. The City will not obtain medical
information about an employee or applicant except in compliance with
the California Confidentiality of Medical Information Act and Health
Insurance Portability and Accountability Act. To enable the City to
obtain certain medical information, the employee or applicant may need
to sign an authorization for release of employee medical information.
(c) Access to Medical Information. Access to employee or applicant
medical information shall be strictly limited to only those with a
legitimate need to have such information for City business reasons. In
the case of an employee with a disability, managers and supervisors
may be informed regarding necessary restrictions on the work or duties
of the employee and necessary accommodations.
Section 5. References and Release of Information in Personnel Files:
(a) Public Information: Upon request, the City will release to the public
information about its employees as required by the Public Records Act.
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The City will not disclose personnel information that it considers would
constitute an unwarranted invasion of personal privacy.
(b) Reference Checks: All requests from outside the City for reference
checks or verification of employment concerning any current or former
employee must be referred to the City Manager’s designee.
Information will be released only if the employee signs an authorization
for release of employment information, except that without such
authorization, the following limited information will be provided: dates
of employment, job title and salary upon departure. Managers and
supervisors should not provide information in response to requests for
reference checks or verification of employment, unless specifically
approved by the City Manager on a case-by-case basis.
Section 6. Employee Access to Personnel File: An employee may inspect his or her own
personnel file at reasonable times and at reasonable intervals. An employee
who wishes to review his or her file should contact the Human Resources
Manager to arrange an appointment. The review must be done in the
presence of a Human Resources staff member.
Section 7. Destruction of Records: Personnel files, payroll records, records relating to
personnel recruitment, including correspondence, applications, examinations,
and reports may be destroyed in accordance with the City’s Records Retention
Schedule maintained by the City Clerk’s Office.
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RULE XVII
GRIEVANCE PROCEDURES
Section 1. Definition:
(a) Grievance: Except as otherwise excluded, a grievance is a written
allegation by an employee, submitted as herein specified, claiming
violation(s) of the terms of these Rules and for which there is no other
specific method of review provided by City law.
Disputes concerning the applicability of the Grievance Procedure that
persist through the third level of review shall be submitted for
determination by a court, unless the grievant and the City agree
otherwise.
(b) Grievant: A grievant is an employee or group of employees adversely
affected by an alleged violation of these Rules.
(c) Day: A day is any day the City is open to the public, i.e. any day except
Saturdays, Sundays, and legal holidays recognized by the City.
(d) Exclusions:
(1) The procedure is not to be used for the purpose of resolving
complaints, requests or changes in wages, hours and working
conditions.
(2) The procedure is not to be used to challenge the content of
employee evaluations orjob performance reviews or
probationary employment separations.
(3) The procedure is not to be used to challenge the decision to
reclassify, layoff, deny reinstatement, or deny a step or merit
increase to an employee.
(4) This procedure is not to be used in cases of oral reprimand,
written reprimand, reduction in pay, demotion, suspension, or
termination.
(5) This procedure is not to be used to challenge violation of law or
past practice.
(6) This procedure is not to be used to challenge examinations or
appointment to positions.
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Section 2. Procedure:
Step 1: Informal Discussion: The grievant shall discuss the grievance with
his/her immediate supervisor on an informal basis in an effort to resolve the
grievance. The grievance will be considered waived if not presented to the
immediate supervisor within ten (10) working days following the day the event
occurred upon which the grievance is based. The immediate supervisor shall
respond within five (5) working days following the meeting with the grievant.
Failure of the immediate supervisor to respond within such time limit shall
entitle the grievant to process the grievance at the next step.
Step 2: First Level of Review: If the grievance is not settled at Step 1, the
grievant may submit the grievance in writing to his/her supervisor within five
(5) working days of the receipt of the grievance response at Step 1 or if no
response, within five (5) working days of the time in which the supervisor was
supposed to respond. Failure of the grievant to deliver the written grievance
within this time period shall constitute a waiver of the grievance. The
supervisor shall meet with the grievant and a written decision and statement
of facts and issues shall be rendered to the grievant within ten (10) working
days from the date of the written grievance. Failure of the supervisor to
respond within such time limit shall entitle the grievant to process his/her
grievance at the next level of review.
Step 3: Department Director or Division Manager Review (Second Level): If
the grievance is not settled at Step 2, the grievant may submit the grievance
to the Department Director or Division Manager within five (5) working days of
receipt of the Step 2 grievance response or if no response, within five (5)
working days of the time in which the supervisor was supposed to respond.
Failure of the grievant to deliver such written notice within that time period shall
constitute a waiver of the grievance. The Department Director shall meet with
the grievant, and a written decision and statement of facts and issues shall be
rendered to the grievant and representative, if any, within ten (10) working
days from the date of service. Failure of the Department Director or Division
Manager to respond within such time limit shall entitle the grievant to process
the grievance at the next level of review.
Step 4: City Manager Review (Final Level): If the grievance is not settled at
Step 3, the grievant may serve written notice of the grievance to the City
Manager within five (5) working days following receipt of the grievance
response at Step 3 or if no response, within five (5) working days of the time
in which the Department Director was supposed to respond. Failure of the
grievant to serve such notice within that time period shall constitute a waiver
of the grievance. The City Manager shall meet with the grievant and a written
decision and statement of facts and issues shall be rendered to the grievant
and representative, if any, within fifteen (15) working days from the date of
service. The City Manager’s decision shall be final.
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Section 3. Right of Grievant to Representation: The grievant has the right to be
represented by any person or an attorney he/she may select during the various
stages of the grievance procedure.
Section 4. Retaliation: Employees shall be insured freedom from retaliation for using the
grievance procedure.
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RULE XVIII
DISCIPLINE
Section 1. Types of Disciplinary Action: Disciplinary actions range from informal
counseling conversations to termination; provided, however, that counseling,
oral warnings and written reprimands are not subject to the appeal procedures
set forth in this Rule. Progressive discipline is the corrective process of
applying penalties short of termination, or long-term demotion or suspension
where conduct is of a less serious nature and the employee has not repeatedly
engaged in such conduct. The nature of such discipline should be appropriate
to the conduct and need not begin with the least serious disciplinary action.
Acceptance of the principle of progressive discipline does not limit the City’s
authority to take appropriate action including termination, demotion or
suspension for serious offenses which cannot and will not be condoned.
(a) Counseling: An informal discussion with an employee to clarify
standards, evaluate strengths and weaknesses, or assist in clarifying
and remedying a performance or behavior problem. The employee’s
supervisor shall make written record of the counseling for the employee
and for their own supervisor’s file.
(b) Oral Warning: A formal discussion with an employee, usually by the
employee’s immediate supervisor, about performance or conduct
problems, the need for the employee to improve and what specific
improvement is expected. The employee’s supervisor shall make a
written record of the warning for the employee and the employee’s
personnel file. The employee may respond in writing to the oral warning
within fourteen (14) days. The response will be placed in the personnel
file with the oral warning.
(c) Written Reprimand: A formal written notice to the employee regarding
performance or conduct problems, the need for the employee to
improve and what specific improvement is expected. The written
reprimand goes in the employee’s personnel file with a copy to the
employee. The employee may respond in writing to the written
reprimand within fourteen (14) days. The response will be placed in the
personnel file with the written reprimand.
(d) Suspension: Removal of an employee from duty without pay for a
specified period.
(e) Reduction in Pay: A reduction in pay from the employee’s current step
within a pay range to a lower step within that same pay range.
(f) Demotion: A reduction in status and salary from one classification to
another classification having a lower salary range.
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(g) Dismissal or Discharge: Separation from employment of an employee
for cause.
Section 2. Grounds for Disciplinary Action Involving Regular Employees: The following
are examples of performance or behavior that may result in disciplinary action.
This listing is representative and does not exhaust all possible situations in
which disciplinary action may be required. Grounds for discipline include, but
are not limited to, the following:
(a) Fraud in securing employment or making a false statement on an
application for employment.
(b) Incompetence; i.e., the inability to comply with the minimum standard
of an employee’s position for a significant period of time.
(c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties
required of an employee within his/her position.
(d) Willful disobedience or insubordination, a willful failure to submit to or
comply with duly appointed and acting supervision or to conform to duly
established orders or directions of persons in a supervisory position or
insulting or demeaning a supervisor or manager.
(e) Dishonesty or theft.
(f) Possession, distribution, sale, use, or being under the influence of or
impaired from performance of duty because of alcohol or “controlled
substances” while on duty or while operating a City vehicle or impaired
from or potentially dangerous equipment leased or owned by the City.
(g) Excessive absenteeism.
(h) Inexcusable absence without leave.
(i) Abuse of sick leave, i.e., taking sick leave without a doctor’s certificate
when one is required, or misuse of sick leave.
(j) The conviction of either a misdemeanor or a felony related to the
position held, or commission of a crime of moral turpitude, may
constitute grounds for disciplinary action up to and including
termination. The record of conviction will be conclusive evidence of the
fact that the conviction occurred. The City Manager may inquire into
the circumstances surrounding the commission of the crime in order to
support the degree of discipline. A plea or verdict of guilty, or a
conviction showing a plea of nolo contendere, is deemed to be a
conviction within the meaning of this Section.
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(k) Discourteous treatment of the public or other employees.
(l) Improper or unauthorized use of agency property or funds. City
property includes, but is not limited to, physical property, tools,
equipment, City communications systems or Information Technology
systems, City vehicles or intellectual property.
(m) Refusal to subscribe to any oath or affirmation which is required by law
in connection with City employment.
(n) Any willful act or conduct undertaken in bad faith, either during or
outside of duty hours, which is of such a nature that it causes discredit
to the City or to, the employee’s department or division.
(o) Inattention to duty or negligence in the care and handling of City
property.
(p) Violation of the rules and regulations of any department.
(q) Mental or physical impairment which renders the employee unable to
perform the essential functions of the job, with or without reasonable
accommodation (if disabled), or without presenting a significant current
risk of substantial harm/threat to the health and/or safety of self or
others.
(r) Outside employment not specifically authorized.
(s) Acceptance from any source of a reward, gift, or other form of
remuneration beyond the employee’s regular compensation for the
performance of his or her job duties in violation of the policy stated in
Rule XXII, Section E.
(t) The refusal of any officer or employee of the City to testify under oath
before any Grand Jury having jurisdiction over any then pending cause
of inquiry into the conduct of City affairs.
(u) Willful violation of any of the provisions of an ordinance, resolution, rule,
regulation or policy prescribed by the City.
(v) Improper political activity as described in Rule III, Section 3.
(w) Working overtime without express prior authorization from an
authorized supervisor.
(x) Unauthorized use, possession, conveyance or storage of weapons,
firearms, or explosives on City property.
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(y) Making false or malicious statements concerning any employee, the
City, or the City’s policies or practices.
(z) Altering, falsifying, or tampering with time records, or recording time on
another employee’s time record.
(aa) Falsifying any City record.
(bb) Disclosure of confidential information to any unauthorized person or
entity.
(cc) Stealing, sabotage, willful damage, abuse or destruction of City
property, tools or equipment, or the property or equipment of a supplier,
customer or another employee, or failure to report any of the above,
including removal of City property or the property of others without
proper authorization.
(dd) The use of abusive or threatening language toward fellow employees,
supervisors, suppliers, customers, or citizens.
(ee) Fighting, coercing, interfering with, or threatening bodily injury to other
employees, supervisors, suppliers, customers, or citizens.
(ff) Unauthorized sleeping during assigned working hours.
(gg) Failure to observe City working hour schedule(s), starting time(s),
quitting time(s), rest and meal periods.
(hh) Sexual or discriminatory harassment.
(ii) Job abandonment (workdays absent from duty without supervisory
notification).
(jj) Violation of any law, statute or ordinance.
(kk) Inappropriate use of the intranet, internet, or e-mail in accordance with
the City’s Information Systems Usage Policy.
(ll) Inappropriate attire.
(mm) Taking City vehicles/equipment home for personal use.
(nn) A suspension, revocation, cancellation or disqualification of a driver’s
license when a driver’s license is required for the position.
(oo) Failure to report an industrial injury or vehicle accident while on City
time.
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Section 3. Procedures for Taking Disciplinary Action: A Department Director may place
an employee on administrative leave with pay pending a potential disciplinary
action with the City Manager’s approval: (1) when the Department Director
believes that the employee’s continued presence at the work site could have
detrimental consequences for City operations, or (2) pending investigation into
charges of misconduct. If the charges against the employee are substantiated
by the investigation, appropriate disciplinary action including and up to
termination may be taken in accordance with these procedures.
(a) Oral Warning: Following a formal discussion, a supervisor or manager
will summarize the oral warning, provide the summary to the employee
and place it in the employee’s department and official personnel file.
The employee may within fourteen (14) days of receipt of the oral
warning file a written response for placement in the personnel file.
(b) Written Reprimand: A written reprimand will be prepared, discussed
with and given to the employee. A copy will be given to the employee
and placed in the employee’s official personnel file. The employee may
within fourteen (14) days of receipt of the written reprimand file a written
response for placement in the personnel file.
(c) Suspension/Reduction in Pay/Demotion/Dismissal of Regular
Employees:
(1) Notice of Proposed Discipline: Whenever the appropriate
authority intends to suspend an employee, reduce the employee
in pay, demote the employee or dismiss the employee, the
appropriate authority will give the employee a written notice of
proposed discipline which sets forth the following:
a. The disciplinary action being proposed;
b. The specific charges upon which the action is based;
c. A summary of the facts upon which the charges are
based;
d. Identification of all rules, regulations, or policies allegedly
violated;
e. A copy of all documents upon which the discipline is
based;
f. Notice of the employee’s right to respond to the charges
either orally or in writing to the appropriate authority;
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g. The date, time and person before whom the employee
may respond; orally, or the due date for any written
response.
h. Notice that failure to respond at the time specified will
constitute a waiver of the right to respond prior to final
discipline being imposed;
i. The employee’s right to representation.
(2) Response by Employee: The employee will have the right to
respond to the appropriate authority orally or in writing within five
(5) working days. The employee will have a right to be
represented at any meeting set by the appropriate authority to
hear the employee’s response. The employee’s response will
be considered before final action is taken.
(3) Final Notice: After receipt and consideration of the employee’s
response or the expiration of the employee’s time to respond,
the appointing authority or designee will: (1) dismiss the
proposed discipline and take no disciplinary action against the
employee, (2) modify the recommended disciplinary action, or
(3) uphold the recommended disciplinary action. The appointing
authority shall therefore prepare and serve upon the employee
a Final Notice of Disciplinary Action. The Final Notice of
Disciplinary Action will include the following:
a. The disciplinary action taken, if any;
b. The effective date of the disciplinary action;
c. Specific charges upon which the action is based;
d. A summary of the facts upon which the charges are
based;
e. The written documents upon which the disciplinary action
is based;
f. A response to whatever presentation was submitted by
the employee;
g. The employee’s right to appeal.
Section 4. Appeal Rights: A regular employee will have the right to appeal a suspension,
reduction in pay, demotion, or dismissal.
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Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee
(appellant), and filed with the City Manager within five (5) working days after
receipt of the Final Notice of Disciplinary Action. The appeal shall be a written
statement, addressed to the City Manager admitting or denying each of the
charges in the final notice and reasons why the final action should be reversed
or modified. The formality of a legal pleading is not required.
Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a
hearing. The City shall notify all interested parties of the date, time and place
of the hearing at such place as the City Manager shall prescribe.
Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be
issued only upon receipt by the City Manager of a written request thereof or,
setting forth the names and addresses of the witnesses desired to be
subpoenaed.
Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be
issued only at direction of the City Manager.
Section 9. Hearings: The appellant shall appear personally, unless physically unable to
do so, before the City Manager, at the time and place of the hearing and may
be represented by any person(s) or attorney(s) he/she may select and may, at
the hearing, produce on his/her behalf, relevant oral and/or documentary
evidence.
At the commencement of any such Hearing, or at any time prior to the
commencement thereof, the City Manager may specify the order of procedure
for any such hearing. Except as otherwise directed, the order of procedure for
any such hearing shall be as follows:
(a) The Department Director or officer having appointing power shall be
designated the respondent for the purpose of the hearing. The
respondent shall present testimony or evidence in support of the
statement of charges against the employee. Such evidence may be
presented in the form of oral testimony, documents or demonstrative
evidence. The employee shall have the right of cross examination of
witnesses.
(b) The employee challenging the discipline shall be designated the
appellant for the purpose of a hearing. Upon completion of the
respondent’s initial presentations the appellant shall be accorded an
opportunity to present testimony documents or administrative evidence
in answer to the statement of charges against him/her. Respondent
shall have the right to cross-examine witnesses.
(c) The respondent and appellant may then offer rebuttal evidence only,
unless the City Manager permits additional evidence to be presented.
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(d) At the conclusion of the hearing, the City Manager may permit
arguments to be made.
(e) The conduct and decorum of the hearing shall be under the control of
the City Manager, with due regard to the rights and privileges of the
parties appearing. Hearings need not be conducted according to
technical rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the truth.
(f) Oral evidence shall be taken only upon oath or affirmation of the
witness.
(g) Any relevant evidence may be admitted if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rules that might make improper the admission of such
evidence over objection in civil actions.
(h) The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions.
(i) Irrelevant and unduly repetitious evidence may be excluded.
(j) During examination of a witness, all other witnesses, except the parties,
shall be excluded from the hearing upon motion of either party.
(k) In a disciplinary appeal the employer has the burden of proof by
preponderance of the evidence.
(l) Hearings and continuances thereof, shall be scheduled and granted to
accommodate a fair hearing, but shall not result in undue delay and
such scheduling shall remain within the reasonable discretion of the
City Manager.
(m) The City will provide either a court reporter or another means of
recording the hearing.
Section 10. Findings and Recommendations: The City Manager shall, within twenty (20)
days after the conclusion of the hearing, certify his/her findings and decision
in writing to the appellant and to the respondent. This shall be the final
administrative decision.
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RULE XIX
PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS
Section 1. General: Performance evaluation is the process of evaluating and recording
the performance of each employee. The performance evaluation is best used:
(a) To maintain a high level of efficiency or assist in raising efficiency by
commending the employee.
(b) To indicate to the employee those points in which he/she shows weak
performance, and suggest the proper means of raising his/her working
performance to the standard level.
(c) To inform the employee of good performance.
(d) To encourage better working relationships and mutual understanding
by letting the employee know where he/she stands with relation to
his/her supervisor’s evaluation of his/her work.
(e) To establish an annual work plan consisting of goals and tasks to be
accomplished.
Section 2. Responsibility for Evaluation: The Department Director or Division Manager,
together with other supervisors familiar with the employee’s work, is
responsible for proper preparation of the performance evaluation for each
employee in that department. The supervisor should carefully review the
complete class description, and the goals and objectives for the employee, if
any, before beginning each evaluation, to remind himself/herself of what
should be expected from the employee and their accomplishments during the
evaluation period., consider each item on the evaluation sheet separately in
the light of the column definition, and select the column which best describes
the work of the employee in each category.
Section 3. Discussion with Employee: The performance evaluation must be discussed
with the employee. During the interview, as well as on the form, special
attention should be given to discussing specific ways in which the employee
can improve his/her performance. An opportunity should also be afforded the
employee to comment and bring up any questions he or she may have.
Section 4. Schedule: Performance evaluations for probationary employees are to be
prepared at the end of the first five (5) months, and after the first eleven (11)
months, immediately prior to the completion of the one year probationary
period. After the probationary evaluation, an evaluation should be done on an
annual basis on the employee’s anniversary date. Performance evaluation for
employees who are already at the top of their salary range shall continue to
be prepared on the employee’s anniversary date. This will provide a
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continuing opportunity for the employee and supervisor to review their annual
work plan.
Section 5. Appeal Procedure: It is the intent of the City to offer fair and equitable appeals
procedures for employees’ performance evaluations. Below are the official
guidelines for appealing a performance evaluation that has an overall rating
below satisfactory.
(a) Employee and supervisor meet to review and discuss the employee’s
performance evaluation.
(b) The employee may respond in writing to the contents of the evaluation.
The employee must submit this response to the Department Director or
Division Manager within ten (10) working days immediately following
receipt of the evaluation.
(c) The employee may appeal the performance evaluation to the City
Manager. The City Manager shall review the appeal with the employee
and the Department Director or Division Manager. The decision shall
be rendered in writing within fifteen (15) working days by the City
Manager, and the decision of the City Manager shall be final.
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RULE XX
VEHICLE USE
Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City
business except as authorized. The City Manager may authorize such use at
the reimbursement rate equal to that set forth by the Internal Revenue Service.
Payments shall be based upon the most direct route to and from the
destination and garage and parking expenses shall be paid in addition to the
current rate, upon submission of paid receipts.
Section 2. Auto Allowance: Executive and Management Employees and Members of the
City Council will receive a monthly car allowance. This stipend will be in lieu
of any mileage reimbursement. If additional garage and parking expenses are
incurred, they are reimbursable.
Employees receiving a monthly auto allowance are eligible for mileage
reimbursement in cases of exceptional travel. Exceptional travel is mileage
which is in excess of sixty (60) miles beyond the employees’ normal commute.
Section 3. Use of City Vehicles for Rest or Meal Breaks: The use of City vehicles shall
be limited to official City business and employees are prohibited from using a
City vehicle to travel to business establishments to conduct personal business
(e.g. bank, post office, etc.), activities (e.g. use of a private gym, etc.) or
errands (e.g. shopping, dry cleaner, etc.) or to travel to a private residence
during rest or meal breaks. Employees may utilize a City vehicle to patronize
restaurants and food establishments in the City while in transit or in close
proximity to the work site for the purpose of purchasing food and beverages
and for restroom facility use. Such use of a City vehicle shall constitute an
official rest and/or meal break with travel time included.
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RULE XXI
PROFESSIONAL DEVELOPMENT
Section 1. Training: The City Manager and employees of the City are eligible to request
specialized training in the form of a symposium, special course, forum, etc., at
the City's expense. All training is subject to approval based on available
funding.
Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization,
each full-time and regular part-time (on a pro-rated basis) employee shall be
entitled to reimbursement in the amount of up to maximum of $1500 per fiscal
year for college/ level or university level educational or professional
development courses (including tuition and related books) which have been
approved by the City Manager or designee as being job-related and of value
to the City. Reimbursement under this Section is contingent upon verification
of attainment of a letter grade of “C” or better, or in those cases where no letter
grade is given, verification of completion of the course with a “Pass” or “Credit”
grade and submittal of a receipt for registration bearing the name of the course
for which reimbursement is requested. In the case of reimbursement for books
for any approved course, a syllabus, course reading list or course outline
showing the book as being required for the course, plus a receipt bearing the
title of the book, must be submitted.
Section 3. Computer Loan Program: Regular Full-time and part-time employees can
receive interest-free loans between $250 and $2,500 for the purpose of
financing a personal computer, a printer, and/or City-compatible software so
employees can gain experience by working with a personal computer away
from the office and outside of regular business hours.
An employee may purchase a more expensive system, but he/she must pay
the balance over $2,500. The loan covers 90% of the total price of the
equipment/software being purchased. The employee pays the remaining 10%
of the purchase price at the time of purchase. Loans are made on a first-come,
first-served basis based on available funds. Once the money for the employee
loans has been obligated, the fund will be replenished through payroll
deductions from outstanding loans. New loans will then be made as funds
become available. Loans will be for a maximum term of 24 months and will be
repaid through payroll deductions on a biweekly basis.
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RULE XXII
EMPLOYEE STANDARDS OF CONDUCT
Section 1. Code of Ethics:
(a) Each City officer, official, and employee has an obligation to the
citizens, to the people’s elected representatives, and to fellow
employees to meet the highest ethical and professional standards and
to enhance the public’s respect and trust for the City government and
its operations.
(b) Employees of the City have responsibilities unique from their
counterparts in the private industry. Employment with the City carries
an obligation of personal integrity and conduct that serves to establish
public respect, confidence, and trust.
(c) Each employee represents the City and the quality of City service is
judged through job performance and conduct. The citizens of Diamond
Bar have the right to expect that City employees will provide services
in an efficient, thorough, and courteous manner.
(d) The City, as a condition of employment, expects to receive from the
employee:
(1) Initiative and a conscientious effort to perform productive work.
(2) Cooperative, positive, responsive, and courteous relations with
fellow employees, supervisors, subordinates, and the public.
(3) A continuous effort to strive for greater knowledge and skill on
the job in order to maintain performance at a high level.
(4) Compliance with all policies, regulations, rules of conduct, and
ordinances established by the City.
(5) Public loyalty to and support of the official policies of the City.
(6) Responsible work habits demonstrated by:
a. Dependability, promptness, reliable attendance, and
performing required duties competently,
b. Keeping informed of developments and matters affecting
job performance,
c. Being flexible and adaptable to change,
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d. Accepting constructive suggestions and criticism.
(7) Neat and clean grooming and attire appropriate to the job
assignment. Prescribed uniforms and safety equipment must be
worn where required.
(e) No employee will accept a fee, compensation, gift, payment of
expenses or any other thing of monetary value, outside of a City salary
and benefits, in exchange for the performance of the employee's work
duties or in any circumstances in which acceptance may result in or
create the appearance of any one or more of the following:
(1) Use of public office and/or employment for personal or private
gain.
(2) Preferential treatment of any person.
(3) Loss of complete independence or impartiality.
(4) Making a City decision outside of official channels.
(5) Reduction of public confidence in the integrity of City
government and/or its employees.
(6) Impeding government efficiency or economy.
Section 2. Harassment Policy:
(a) Purpose: The City is committed to providing a work environment free
of discriminatory harassment. The purpose of this policy is to define
discriminatory harassment including sexual harassment, to prohibit the
condoning or perpetuating of such conduct and to provide an efficient
means for reporting and resolving complaints of harassment by or
against any employee or applicant or from a person providing services
pursuant to a contract. This policy also applies to elected and
appointed officials.
(b) General Policy: The City’s policy strictly prohibits discriminatory
harassment on the basis of any protected category listed in Rule III,
Section 1. The City considers discriminatory harassment a serious
offense and is firmly committed to the philosophy that every employee
has the right to work in an environment free from discriminatory
intimidation, ridicule and insult and to be treated with courtesy, dignity
and respect. Every employee is expected to adhere to a standard of
conduct that is respectful to all persons within the work environment.
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This Policy applies to all terms and conditions of employment, including
but not limited to hiring, placement, promotion, disciplinary action,
layoff, recall, transfer, leave of absence, training opportunities and
compensation. Employees who violate this Policy may be subject to
disciplinary action up to and including termination.
The sexual harasser may be found personally liable to the victim of the
harassment. Sexual harassment is outside the course and scope of
employment, meaning that an employee found liable for sexual
harassment is not entitled to a defense or indemnity from the City in
any action brought by the victim.
(c) Prohibited Conduct: The City’s policy prohibits the following types of
conduct:
(1) Harassment: Harassment is any type of verbal or physical
conduct based on an employee’s membership in a protected
category as defined in Rule III, Section 1 that affects an
employee’s work performance negatively and/or alter the
conditions of employment and create an intimidating, hostile or
otherwise offensive working environment. It need not be explicit,
or even specifically directed at the victim. Sexually harassing
conduct can occur between people of the same or different
genders.
(2) Sexual Harassment: Sexual harassment is defined as follows:
any action that constitutes an unwelcome sexual advance or
request for sexual favors, or any verbal, visual or physical
conduct of a sexual nature that is (i) related to or a condition to
the receipt of employee benefits, including, but not limited to,
hiring and advancement, (ii) related to or forms the basis for
employment decisions affecting the employee, (iii) affects an
employee’s work performance negatively and/or alter the
conditions of employment and create an intimidating, hostile or
otherwise offensive working environment.
Romantic or sexual relationships between supervisors and
subordinate employees are discouraged. There is an inherent
imbalance of power and potential for exploitation in such
relationships. The relationship may create an appearance of
impropriety and lead to charges of favoritism by other
employees. A welcome sexual relationship may change, with
the result that sexual conduct that was once welcome becomes
unwelcome and harassing.
Examples of the type of conduct that can constitute unlawful harassment or
sexual harassment include, but are not limited to, the following:
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Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes
based on protected categories as defined in Rule III, Section 1. This
may include, but is not limited to, inappropriate comments regarding an
individual’s body, physical appearance, attire, sexual prowess, marital
status, pregnancy or sexual orientation; unwelcome flirting or
propositions; demands for sexual favors; verbal abuse, threats or
intimidation of a sexual nature; or sexist, patronizing or ridiculing
statements that convey derogatory attitudes about a particular gender.
Physical: Inappropriate or offensive touching, assault, or physical
interference with free movement when directed at an individual on the
basis of actual or perceived protected categories as defined in Rule III,
Section 1. This may include, but is not limited to, kissing, patting,
lingering or intimate touches, grabbing, massaging, pinching, leering,
staring, unnecessarily brushing against or blocking another person,
whistling or sexual gestures.
Visual or Written: The display or circulation of offensive or derogatory
visual or written material related to protected categories as defined in
Rule III, Section 1. This may include, but is not limited to, posters,
cartoons, drawings, graffiti, reading materials, computer graphics or
electronic media transmissions.
Environmental: A work environment that is permeated with sexually-
oriented talk, innuendo, insults or abuse not relevant to the subject
matter of the job. A hostile environment can arise from an unwarranted
focus on sexual topics or sexually suggestive statements. An
environment may be hostile if unwelcome sexual behavior is directed
specifically at an individual or if the individual merely witnesses unlawful
harassment in his or her immediate surroundings. The determination
of whether an environment is hostile is based on the totality of the
circumstances, including such factors as the frequency of the conduct,
the severity of the conduct, whether the conduct is humiliating or
physically threatening, and whether the conduct unreasonably
interferes with an individual’s work.
(d) Provisions:
(1) Prohibited Supervisory or Managerial Behavior: No supervisor,
manager, or other authority figure shall condition any
employment, employee benefit, or continued employment with
the City on an applicant’s or employee’s acquiescence to any of
the behavior described in Section 3 above.
No supervisor, manager, or other authority figure shall retaliate
against any applicant, or employee, because that person has
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opposed a practice prohibited by this policy or has filed a
complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing.
(2) Behavior Prohibited by all Persons: No person in City Hall or
any other City workplace shall create a hostile or offensive work
environment for any other person by engaging in any
discriminatory harassment or by tolerating it on the part of any
employee.
No person in City Hall or any other City workplace shall assist
any individual in doing any act that constitutes discriminatory
harassment against any City employee.
No person in City Hall or any other City workplace may retaliate
against any employee because that person has opposed a
practice prohibited by this policy or has filed a complaint,
testified, assisted or participated in any manner in an
investigation proceeding or hearing conducted by an authorized
investigator.
No person shall destroy evidence relevant to an investigation of
harassment discrimination.
(3) Obligations of Supervisors/Managers: Any supervisory staff
members receiving a complaint of harassment, whether formal
or informal or whether oral or written, or observing or otherwise
being made aware of an incident of harassment, must inform the
Human Resources Manager, Assistant City Manager, or the City
Manager of such complaint or incident. In accordance with
California law, all supervisory or management employees will
receive sexual harassment training every two years.
A copy of this policy shall be provided to all City employees.
The Human Resources office shall make available upon request
information from the Department of Fair Employment and
Housing and the Equal Employment Opportunity Commission
about filing claims of sexual harassment with these entities.
(4) Obligations of All Employees: On an annual basis all employees
will be required to review the harassment policy and sign a form
which acknowledges that they have read and understand the
City’s harassment policy and complaint procedure.
All employees should report any conduct, which fits the definition
of discriminatory harassment, to their immediate supervisor or
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appropriate authority figure. This includes conduct of non-
employees, such as sales representatives or service vendors or
harassing conduct toward such contractors.
All persons should report to their supervisor, manager or the
Human Resources Manager any instances of discriminatory
harassment that they have directly observed, whether or not
reported by the employee who is the object of the harassment.
All employees shall cooperate with any investigation of any
alleged act of discriminatory harassment conducted by the City
or its agents.
(5) Investigative Action: The City Manager’s designee shall
authorize the investigation or conduct the investigation of any
incident of alleged discriminatory harassment reported to them.
The investigation shall be conducted in a way that ensures, to
the extent feasible, the privacy of the parties involved.
The person designated to investigate shall immediately report in
writing the findings of fact to the City Manager’s Designee. The
designee will determine whether the Policy has been violated
and communicate the conclusion to the complainant.
Disciplinary action shall be decided in accordance with these
Rules and after consultation with the City Manager’s designee.
Under no circumstances shall an employee of the City who
believes that he or she has been the victim of discriminatory
harassment be required to first report that harassment to a
supervisor or other authority figure if that person or authority
figure is the individual who has done the harassing.
Under no circumstances shall a supervisor, manager, or other
authority figure retaliate in any way against an employee who
has made a complaint or who has provided information as a
witness to an incident of alleged harassment.
All supervisors and managers are required to maintain
confidentiality to the extent possible in communicating or
investigating any claims of alleged harassment.
(e) Complaint Form: The more time that passes after an incident of
harassment, the more difficult it is to investigate. Complaints should be
made as soon as possible. The initial report may be oral or written, but
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a written and signed statement will better assist in the investigation
process.
Your notification to the City is essential. The City cannot respond to a
harassment problem if the problem is not brought to our attention. You
may be assured that you will not be penalized in any way for reporting
discriminatory harassment or other harassment problems.
Complaint forms are available in Human Resources or a written
statement can be submitted but must include the following information:
(1) The employee's name, department and position title.
(2) The name of the person or persons committing the harassment,
including their title(s) if known.
(3) The specific nature of the harassment, how long it has gone on,
and any employment action (demotion, failure to promote,
dismissal, refusal to hire, transfer, etc.) taken against the victim
as a result of the harassment (if applicable), or any other threats
made against the victim as a result of the harassment.
(4) Witnesses to the harassment.
(5) Whether the victim previously has reported such harassment
and, if so, when and to whom.
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CITY OF DIAMOND BAR
Harassment Complaint Form
All complaints will be investigated in accordance with procedures detailed in the Harassment
Policy. The City respects the employees/individuals right of confidentiality however, disclosures
may be done on a need to know basis.
NAME: __________________________________________________
TITLE: __________________________________________________
DEPARTMENT: ___________________________________________
TODAY’S DATE: __________________________________________
DATE OF OCCURRENCE(S): ________________________________
Please identify the individual who is doing the harassing/discriminating. Include name(s) and job
title(s):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Please detail the behavior which you are reporting - including all individuals involved, location, time,
and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the
participants, the background to the incident and any attempts you have made to solve the problem.
Be specific, i.e. detail actions, not attitudes or opinions – “he/she put their right hand on my left
shoulder; not “he/she makes me feel uncomfortable”:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Please identify others who are aware of this behavior and how they are aware:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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City of Diamond Bar
Harassment Complaint Form
Page 2
Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals,
letters, emails, etc.:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Are you aware of others who have similar complaints?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Is there a suggestion for resolution for this matter and/or a desired outcome?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Was this harassment previously reported? ______yes ______no
If checked “yes” above, state when and to whom:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Thank you for providing as detailed information as you are able. Please attach copies of relevant
documentation. You may use additional paper if necessary. You will be informed in writing of the
results of the investigation.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
_____________________________________________ ________________
Signature of Complainant Date
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Section 3. Workplace Substance Abuse Prevention Policy:
(a) Purpose: The purpose of this policy is to provide guidelines for all
employees to deal effectively with substance abuse and its effects in
the workplace. Employees are expected to be in suitable mental and
physical condition, perform their jobs satisfactorily, and behave
appropriately. Should the use of alcohol or drugs interfere with these
expectations, employees may be offered rehabilitative assistance.
Failure to meet these expectations could result in disciplinary action.
(b) Policy: It is the City’s policy that employees shall not be under the
influence of or in unlawful possession of alcohol, marijuana or other
illegal drugs or controlled substances while on City property, at work
locations, or while on duty either on City property or elsewhere; shall
not utilize such substances when they are assigned to be on call for
duty; shall not possess, provide or sell legal or illegal drugs to any other
employee or to any person while on duty; nor have their ability to work
impaired as a result of the use of alcohol, marijuana or illegal drugs.
While use of medically prescribed medications and drugs is not per se
a violation of this policy, the employee must notify his/her supervisor,
before beginning work, when taking medication or drugs (including the
possible effects of taking such medication or drugs) which the
employee believes may interfere with the safe and effective
performance of duties or operation of equipment. In the event there are
questions regarding an employee’s ability to safely and effectively
perform assigned duties while using such medication or drugs,
clearance from their physician may be required.
City employees are prohibited from drinking alcoholic beverages during
working hours (including lunch hours and breaks), while on City
premises at any time, while driving a City vehicle during regular working
hours, while on official City business. The consumption of alcohol by
City employees may be allowed only at designated City facilities during
certain special City functions and with prior authorization by the City
Manager.
In order to promote a safe, productive and efficient workplace, the City
has the right to search and inspect all City property, including but not
limited to lockers, storage areas, furniture, City vehicles, and other
places under the common control of the City. No employee has any
expectation of privacy in any City building, property, or vehicle or in
using any City communications systems.
Employees with drug or alcohol problems are encouraged to seek
assistance. Seeking assistance for such a problem before a positive
drug and alcohol test will not jeopardize an employee’s job.
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(c) Employee Responsibilities: An employee must:
(1) Not report to work while impaired, or under the influence of drugs
or alcohol or controlled substance;
NOTE: "Under the influence of drugs or alcohol" means: the use of any
alcoholic beverage or any illegal drug or substance, or the
misuse of any prescribed drug, in a manner and to a degree that
impairs the employee's work performance or ability to use City
property or equipment safely.
(2) Notify his/her supervisor, before beginning work, when taking
any medications or drugs, prescription or nonprescription, which
may interfere with the safe and effective performance of duties
or operation of City equipment.
(3) Not possess or use alcohol or impairing drugs (illegal drugs and
prescription drugs without a prescription) during working hours,
rest periods, or at any time while on City property;
(4) Not directly or through a third party sell or provide drugs or
alcohol to any person, including any employee, while either
employee or both employees are on duty;
(5) Immediately complete and sign a consent form (see drug testing
prerequisite) and submit to an alcohol and drug test when
requested to do so by the employee's supervisor or manager.
(6) Provide within 24 hours of request bona fide verification of a
current valid prescription for any potentially impairing drug or
medication identified when a drug screen/test is positive. The
prescription must be in the employee's name.
(7) Report any conviction under a criminal drug statute to the City
Manager within five (5) days of such conviction.
(d) Procedure: When an employee’s supervisor and a second employee or
supervisor observe an employee’s actions that lead them to reasonable
individualized suspicion to believe that an employee may be under the
influence of alcohol or drugs, and/or is exhibiting signs of impairment,
that employee may be directed to a City designated medical evaluation.
This medical evaluation will be conducted in order to determine if in fact
that employee has evidence of alcohol and/or drugs in his/her system.
“Reasonable individualized suspicion” is based on objective factors,
such as behavior, speech, body odor, appearance, or other evidence
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of recent drug or alcohol use which would lead a reasonable person to
believe that the employee is under the influence of drugs or alcohol at
work. In order to receive authority to test, the supervisor must record
the factors that support reasonable suspicion and discuss the matter
with the Human Resources Manager and Department Director. If there
is a reasonable suspicion of drug or alcohol abuse at work, the
employee will be relieved from duty and placed on sick leave until the
test results are received. Reasonable suspicion may be justified by
among other things, one or a combination of any of the following
indicators:
Bloodshot or watery eyes
Slurred speech
Alcohol on breath
Physical and/or verbal altercation
Inability to walk a straight line
An accident involving City property or vehicle
Possession of drugs or alcohol
Frequent absenteeism
Confusion/difficulty in concentration
Noticeable change in behavior
Drowsiness/Lethargy
If reasonable individualized suspicion pertaining to the use of drugs
and/or alcohol by an employee is determined during normal working
hours, the following steps shall be followed to facilitate the medical
evaluation process:
Step 1: The supervisor shall contact the Human Resources Office at
the earliest available opportunity to discuss the event(s) which
led to a belief that an employee acted intoxicated or impaired
under the influence of drugs. At that time, it will be determined
whether or not sufficient facts exist to indicate that drug or
alcohol testing may be appropriate. If the evidence exists for an
immediate test, an appointment with a medical facility shall be
made to conduct the test. The supervisor shall inform his/her
Department Director of this situation. Refusal by an employee
to submit immediately to an alcohol and/or drug analysis when
directed to do so may constitute insubordination and may be
grounds for discipline up to and including termination. The
actual type of testing including possible urine or blood screens,
will be determined by the Medical Review Officer (MRO.)
Step 2: The supervisor, or his/her designee, shall personally drive the
employee to the medical facility and wait for the test to be
completed.
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Step 3: The employee will then be transported home or, in appropriate
situations, to a hospital as deemed necessary by the MRO. The
employee will continue receiving pay during this time and
disciplinary action will not be administered unless the test results
are positive and confirmed. Information obtained through this
testing will be treated with strict confidentiality.
Step 4: If the employee is found to have alcohol or drugs in his/her
system, the supervisor shall meet with the employee to give the
employee an opportunity to explain. The supervisor shall
encourage the employee to seek professional assistance in
dealing with any drug or alcohol problem. The employee’s
medical group may provide the needed drug/alcohol counseling.
Also, the City can provide a referral for an employee who is
seeking professional assistance in the matter.
The City may require alcohol or drug screening following any
work-related accident or any violation of safety precautions or
standards, regardless of whether an injury resulted from the
accident or violation, provided that the “reasonable suspicion”
factors described above are present. Should an incident arise
after normal work hours (i.e., overtime, official City business,
etc.), the above procedures should be followed with the
exception of contacting the Human Resources Office.
The City’s Substance Abuse Prevention Policy is not intended to
be, and shall not be, used as a tool for harassing any employee
or group of employees. When employees are required to submit
to testing for suspected substance abuse, it shall be only for
reasons set forth in this policy.
(e) Documentation: Records pertaining to job performance, attendance,
and behavior shall be maintained in the employee’s personnel file.
Records related to a drug or alcohol test or any medical diagnosis will
be kept in a separate medical file.
(f) Disciplinary Action: The City views the use, possession, transfer, or
sale of alcohol or drugs or controlled substance to be in violation of this
policy and may subject the employee to disciplinary action up to
termination in accordance with these Rules.
If an employee tests positive for alcohol and/or drugs, disciplinary
action including and up to termination may result.
(g) Follow Up: Should the results of an employee alcohol/drug test be
positive, the following steps shall occur:
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(1) The Department Director will have a discussion with Human
Resources to determine the type of disciplinary action, if any,
which would be most suitable or to evaluate an alternative to
discipline.
Should the results of the alcohol/drug testing be negative:
(1) The employee is free to return to the workplace and assume
his/her regular job duties.
(2) No further action will be taken.
Section 74. Policy Against Retaliation:
(a) Policy: It is the policy of the City to prohibit the taking of any adverse
employment action against those who in good faith report, oppose, or
participate (as witnesses or accused) in investigations into complaints
of alleged violations of City policy or state or Federal law in retaliation
for that reporting, opposition, or participation. Disciplinary action, up to
and including termination, will be taken against an employee or officer
who is found to have violated this policy. Any elected official or
contractor who violates this policy will be subject to appropriate
sanctions.
(b) Policy Coverage: This policy prohibits City officials, officers,
employees, or contractors from retaliating against applicants, officers,
officials, employees, or contractors because of any of the protected
activity as defined herein.
(c) Definitions:
(1) “Protected activity” includes any of the following:
• Filing a complaint with a federal or state
enforcement or administrative agency.
• Participating in or cooperating with a federal or
state enforcement agency that is conducting an
investigation of the City regarding alleged unlawful
activity.
• Testifying as a party, witness, or accused
regarding alleged unlawful activity.
• Associating with another employee who is
engaged in any of the protected activities
enumerated here.
• Making or filing an internal complaint with the City
regarding alleged unlawful activity.
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• Providing informal notice to the City regarding
alleged unlawful activity.
(2) “Adverse action” includes any of the following:
• Real or implied threats of intimidation to attempt or
prevent an individual from reporting alleged
wrongdoing or because of protected activity.
• Refusing to hire an individual because of protected
activity.
• Denying promotion to an individual because of
protected activity.
• Taking any form of disciplinary action because of
protected activity.
• Issuing a poor evaluation because of protected
activity.
• Extending a probationary period because of
protected activity.
• Altering work schedules or work assignments
because of protected activity.
(d) Complaint Procedure: An applicant, employee, officer, official, or
contractor who feels he or she has been retaliated against in violation
of this Policy should immediately report the conduct according to the
City’s Harassment Complaint procedure so that the complaint can be
resolved fairly and quickly.
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Agenda #: 3.1
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE APRIL 21, 2020 MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the April 21, 2020 Study Session and Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
The minutes of the Study Session and Regular City Council meeting of April 21, 2020
have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.1.a April 21, 2020 Study Session Minutes
2. 3.1.b April 21, 2020 City Council Minutes
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
STUDY SESSION
APRIL 21, 2020
STUDY SESSION: M/Tye called the Study Session to order at 5:17 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at t he
numbers printed on the agenda.
M/Tye asked if there were any members of the public that wished to speak on tonight’s
Study Session item.
CC/Santana stated there were no comments submitted by email.
With no persons wishing to speak, M/Tye closed the Public Comment portion of the
meeting.
ROLL CALL: Council Members Andrew Chou, Jennifer “Fred”
Mahlke, Ruth Low, Mayor Pro Tem Nancy Lyons, Mayor
Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Anthony Santos, Assistant to the City Manager; David Liu, Director of Public
Works; Dianna Honeywell, Director of Finance, Greg Gubman, Director of Community
Development; Ryan Wright, Director of Parks and Recreation; Ken Desforges, Director
of Information Services; Marsha Roa, Public Information Manager; Christian Malpica,
Associate Engineer; Fabian Auon, Associate Engineer; Kristina Santana, City Clerk.
► DRAFT FISCAL YEAR 2020-21 CAPITAL IMPROVEMENT PROJECT BUDGET.
CM/Fox stated that this was the first Study Session regarding the Fiscal Year 2020-
21 budget and focuses on the Capital Improvement Program. The Global COVID-
19 Pandemic has altered the course for all cities and states as they respond to this
health crisis. Staff has identified a significantly scaled back list of projects to move
forward. In addition, staff prepared a second list of projects that are recommended
to be deferred at this time.
PWD/Liu summarized the current fiscal year 2019/2020 CIP projects and indicated
that by June 30, 2020, eleven (11) projects with a total value of improvements of
$5.6 million will be complete.
With the COVID-19 crisis continuing, the proposed 2020/21 FY CIP has been
limited in scope to include only those critical projects that can be accommodated
within the lower than anticipated revenues. For Fiscal Year 2020/21 staff is
proposing a total of only 11 prioritized projects which include the following: $1.46
million for Street Improvements; $107,000 for Traffic Management and Safety
improvements; $100,000 for Transportation Infrastructure Improvements;
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$1,441,900 for Miscellaneous Public Works improvements; and, $212,780 for
Facilities, Parks and Recreation improvements, for a total budgeted amount of $3.3
million. PWD/Liu explained the details of the proposed projects.
M/Tye asked if staff was certain that grants from Foothill Transit will be available.
PWD/Liu responded that until staff hears otherwise, th ey are assuming these
annual grants are still in place.
M/Tye said he assumed that if the grant were to evaporate, the City would not move
forward with those improvements.
PWD/Liu indicated that would be correct.
M/Tye said he thought the shelters belonged to the ad companies.
PWD/Liu indicated that is correct. The City has a franchise agreement with Clear
Channel and that contract will be coming up in June 2020/21. Under the franchise
agreement they own and operate all of the bus shelters and amenities. The new
shelters being installed using the grant money belong to the City of Diamond Bar
and the City takes over the ownership with the weekly maintenance being done and
paid for by Clear Channel during the upcoming year.
C/Low asked about the timeframe of the Grand Avenue/Golden Springs Drive
improvement project.
PWD/Liu responded that the construction is anticipated to begin in May/June and
expected to last a year.
C/Low asked if the $1.3 million was being paid by the City of Industry.
PWD/Liu responded that there are a variety of funding sources for the project.
CM/Fox explained that the $1.3 million is Diamond Bar’s share of the $20+ million
dollar project and provides for some of the decorative traffic signals and
landscaping enhancements to match the City’s community branding.
C/Low asked for confirmation that none of the money is coming from the City’s
General Fund.
CM/Fox responded that is correct.
MPT/Lyons asked for verification that those who take advantage of the charging
station will be paying for the electricity.
CM/Fox responded that is correct and that it will be a “pay for the electricity”
program.
PWD/Liu provided a list of projects that are being deferred based on the economic
uncertainty, with total project costs estimated to be about $4.3 million. If revenue
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estimates improve over the course of the upcoming fiscal year, staff will bring CIP
amendments to the Council to advance some of these deferred projects.
C/Mahlke asked if the DBC Slope Stabilization project included the design.
PWD/Liu explained that $450,000 is the proposed construction number. Design
cost is included in the current fiscal year CIP budget.
M/Tye asked if the first item under Street Improvement Projects amount of $83,000
referred to the design costs.
PWD/Liu responded yes.
M/Tye asked if the Arterial Street rehab would be deferred.
CM/Fox suggested that items on Slide 10 be split up into separate line items to
provide additional clarification.
PWD/Liu stated the ultimate goal for these street projects is to have a shelf -ready
plans.
M/Tye asked if the ground drainage improvements at Flapjack were done.
PWD/Liu said that it was part of the current fiscal year CIP. PWD/Liu said staff did
a citywide study and looked at all of the trouble spots and came out with a list of 11
or 12 locations in priority order and staff has been moving forward one project at a
time. With the passage of Measure W, staff wants to make sure that the City can
utilize that special fund from the county to pay for this project rather than other
funding sources including the City’s General Fund. With the expectation that the
funds will be coming to the City from Measure W in a month or two, staff is hopeful
there will be some money. Until we know exactly what we are getting we don’t want
to spend any money.
MPT/Lyons said the City had received a number of emails over the years regarding
Flapjack and thought it would be a good idea to notify those homeowners that it is
being put off until we know how much we have coming in Measure W funds.
PWD/Liu confirmed staff is in communication with residents along Flapjack.
C/Chou asked if any of these projects were considered emergency projects that
would render them eligible for FEMA funding.
PWD/Liu said he did not believe any of these projects were considered emergency
projects.
PWD/Liu emphasized that there are three projects that are currently unfunded:
Heritage Park renovations, the new Sunset Crossing Park and Diamond Bar
Boulevard Complete Streets project. These projects have funding shortfalls and
staff will continue reviewing the funding options.
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PWD/Liu referred to Slide 12, a list of funding sources and special funds being
proposed to pay for the City’s projects. With the exception of the Building and
Facilities Maintenance funds of $175,000, everything proposed is considered
special funds (outside funding sources) for a total of $3.3 million.
PWD/Liu said that going forward, it will be important to pay attention to the funding
sources. Staff will continue to monitor these funding sources very carefully and
propose any adjustments later on in the fiscal year and as they are needed.
C/Chou thanked staff for their efforts on the 2020/21 fiscal year budget. Assuming
completion of the battery backup system, when can the public anticipate an
improvement in traffic flow?
PWD/Liu explained that the $107,000 is to finish the battery backup work at the final
eleven signalized intersections. Separately, the Adaptive Traffic Control system
was finalized a couple of months ago and staff is monitoring traffic conditions,
making adjustments, and tweaking the sets of information. Traffic has been very
light so the City has not been able to take full advantage of the latest technology.
C/Low asked if there was a cost to the City to operate the charging station.
PWD/Liu said that in speaking with the vendor, the usage of electricity is very low.
Staff is in the process of finalizing the proposal before coming back to the City
Council with an agreement. In addition to the electricity usage, the vendor is
proposing a revenue sharing proposal they would like the City to consider.
PMS/Jordan said that staff and the consultant looked at a couple of scenarios in
terms of administration of the system and the short answer is th at all of the
maintenance moving forward will be borne by the vendor whether it be normal wear
and tear maintenance or vandalism. There will be a very insignificant increase in
the City’s electric bill which will be covered by the user’s cost.
C/Chou asked if the charging station usage was intended to be a point of sale
system where the user would insert a credit card.
CM/Fox explained that most of the stations such as the one at AQMD use an app
or TAP (Transit Access Pass) card such as one uses for the Metro system where it
is pre-loaded and drawn down with each use.
M/Tye directed everyone to the last line of the second paragraph of the report which
states, “should the revenue estimates improve over the course of the year,
amendments to the CIP could be presented to the City Council” and he wanted
everyone one to know that they should be presented to the City Council. On the
first page of the spreadsheet on Capital Improvements, the line item reads, “a bus
shelter replacement” and he wanted to know what happened to the bus shelter that
was there.
AE/Malpica explained that the current condition of the bus shelter is poor and is
need of replacement.
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PWD/Liu expanded further that it is not salvageable.
CM/Fox said that at the next Study Session, the City Council will be looking at the
operating budget.
M/Tye thanked staff for their work on the CIP Budget.
ADJOURNMENT: With no further business to come before the City Council,
M/Tye recessed the Study Session at 5:57 p.m. to the Regular Meeting.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 5th day of May, 2020.
__________________________
Steve Tye, Mayor
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 21, 2020
STUDY SESSION: 5:17 p.m.
Draft Fiscal Year 2020-21
Capital Improvement Project Budget.
Public Comments: None
Study Session Adjourned at 5:57 p.m. to the Regular City Council meeting.
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m.
CM/Fox announced that tonight’s Study Session included a presentation and discussion
of the Draft Fiscal Year 2020-21 Capital Improvement Project program.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer
“Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; Amy Haug, Human Resources Manager; David DeBerry, City Attorney;
Anthony Santos, Assistant to the City Manager; David Liu, Director of Public Works;
Dianna Honeywell, Director of Finance, Grace Lee, Senior Planner; Greg Gubman,
Director of Community Development; Ryan Wright, Director of Parks and Recreation;
Ken Desforges, Director of Information Services; Cecilia Arellano, Public Information
Coordinator; J.R. Ybarra, Media Specialist; Kristina Santana, City Clerk
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox provided an update on the City’s response to COVID-19. The City of
Diamond Bar closed its public facilities to the public on March 13th and staff is
providing online and telephone services. On March 19th the City Council declared
a local state-of-emergency and the City activated its Emergency Operations
Center as a precaution and as a way to better communicate and coordinate with
the county and state partners which also makes the City potentially eligible for
reimbursement to certain COVID-19 related expenses.
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All City facilities remain closed to the public through at least May 15th including City
Hall, the Diamond Bar Center and the Heritage Park building. All community
events remain canceled along with all recreational programs, contract classe s and
rentals at the Diamond Bar Center. In addition, City playgrounds, trails, tennis
courts, basketball courts, picnic shelters, the Dog Park and Skate Park remain
closed through May 15th. Street sweeping parking enforcement will continue to be
suspended through May 15th while the City continues to provide street sweeping
services and residents are encouraged to move their vehicles away from the curb
on street sweeping days.
The City continues to be able to provide essential services to maintain its st reets,
traffic signals, parks, landscaping and facilities as well as, many services online
and by phone. The majority of staff is working remotely and staying healthy. He
is especially proud and greatly appreciative of staff’s efforts, creativity, flexibility,
dedication and their continuing to serve Diamond Bar during this crisis.
The City has been able to issue building permits electronically and accept online
credit card payments. The Recreation Department has been developing virtual
programs and activities and creating a library of material that continues to grow on
the City’s website. The Public Information staff is continually providing updates
and adding new resources about COVID-19 on the City’s website as well.
Staff and Council are aware there is a lot of talk about reopening. Staff is beginning
to plan for what that might look like and will begin working with County Health
Officials for appropriate guidance to ensure that the City can protect its employees
and the public to the greatest extent possible. This will be a slow and measured
approach to make sure that everyone is as safe as possible given the nature of
this virus. Orders are still in place through May 15th.
The City is anticipating significant financial impacts to its budget a s a result of this
health crisis and we will be taking a hard look at the changing financial resources
as we look to prioritize essential services and defer other services and projects as
the budget is developed for the next fiscal year. The City is committed to seeking
reimbursement to the greatest extent possible from FEMA and Cal OES to help
offset those financial impacts. Please be sure to visit the City’s website for the
latest information. Stay home, stay healthy and stay safe.
2. PUBLIC COMMENTS:
CC/Santana stated that one comment was submitted by email from Naila and
Azaan Barlas and forwarded to each Council Member. CC/Santana read the
comment, asking for support from the City against COVID-19 related fraud.
Douglas Barcon said that GoToMeeting has a smart meeting app that does
transcription live time which might be a consideration to help those who are hearing
impaired. He believes thaere is much misinformation about COVID-19 on social
media and suggested the LA County Public Health and Governor Newsom
websites for trusted information.
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Azaan Barlas asked if anyone had questions about what has happened with
respect to the comments from Naila Barlas.
Donna Earnhardt requested information regarding a development proposal at
1111 North Diamond Bar Boulevard for a new residence. She would like a copy
of the traffic study and wanted to know what the study cost Diamond Bar. And,
she would like to know who owns the property.
Paul Akin said asked if there was a video portion for the meeting or if is strictly an
audio-only meeting.
RESPONSE TO PUBLIC COMMENTS:
CM/Fox responded to Mr. Akin that tonight’s meeting is audio only. There is no
video component to this meeting.
CM/Fox responded to Ms. Earnhardt that SP/Lee will be in touch to make sure she
receives information she has requested regarding the application. This item is not
on Council agenda and not subject to Council comment.
CM/Fox responded to Mr. Barlas that staff will coordinate with the Sheriff’s
Department to make sure they are doing what they can to assist with the situation.
3. CONSENT CALENDAR: MPT/Lyons moved, C/Mahlke seconded, to
approve the Consent Calendar with the exception of Consent Calendar Item 3.3
pulled by MPT/Lyons for further consideration. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1a REGULAR MEETING OF APRIL 7, 2020.
3.2 RATIFIED CHECK REGISTER DATED MARCH 26, 2020 THROUGH
APRIL 8, 2020 TOTALING $1,829,106.73.
3.4 ADOPTED RESOLUTION NO. 2020-10 AUTHORIZING SUBMITTAL OF A
PROJECTS LIST TO BE FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 FOR FY 2020/21.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
3.3 RESOLUTION NO. 2020-09 AMENDING THE CITY’S PERSONNEL
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RULES AND REGULATIONS EFFECTIVE APRIL 21, 2020.
MPT/Lyons said she is concerned about Page 101 and the Item entitled
Rule 13 Holidays which refers to employees working on City holidays such
as the 4th of July. The item states that employees can bank the hours into
their “leave” bank and if they do not take the holiday, they will automatically
be paid out. She is very concerned about paying any employee out right
now because the budget for next year looks bad. She would propose that
instead of paying employees out that they are given the hours owed as a
“floating” holiday adding to their floating holidays and that they would then
have the rest of the year to take the day and still get paid for working the
holiday and get the extra day off as a “floating” holiday rather than getting
extra salary.
HRM/Haug stated that the Personnel Rules & Regulations takes a long-
term view creating policies and practices that are in line with best practices
for Human Resources Policy and are good practices for the City’s particular
situation as well. When the City asks employees to work on the 4 th of July
holiday, as an example, it is not operationally feasible to have them take
additional time off before or after the holiday. The recommendation is to
allow the employee to bank the eight or nine hours of holiday time without
pay into their leave bank and allow them to take it at a later time. The
original recommendation indicates that the banked holiday hours must be
taken within a certain amount of time, and if they are not taken, they would
automatically be paid out. Staff would be open to either the original
language as proposed or the recommendation provided by MPT/Lyons.
The main point is that the City wants to offer flexibility for employees and
more importantly, make sure the City can take care of various operational
priorities and staff those priorities appropriately.
C/Chou asked if there was a cap on the number of hours that can be added
to “floating holiday” leave.
HRM/Haug stated that currently, as part of the holiday leave provision,
employees are given two floating holidays and this recommendation would
allow them to earn more than just two. While there is no cap, there is a
timeline (a calendar year) in which they would need to take those additional
days off. At the end of the calendar year, if those floating holiday hours are
not taken, the employee would lose those banked or converted floating
holidays.
C/Low said she had concerns about Page 74, a conviction an employee
receives and on Section 23 on Page 68, the 10 percent merit increase that
is being modified as given. She also questioned merit pay inc reases for
individuals who are on probation. The way she reads that section is that
someone who is newly hired and on probation, after six months of
satisfactory performance, are eligible for a merit increase and 12 months
later they are also eligible for an increase. She asked if the probationary
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period is 12 months or 18 months and what the wisdom is of having
someone eligible for increases while they are on probation. Also, it seems
to her that in budgeting for the next fiscal year, as others have men tioned,
she imagines that it will be very challenging in terms of funding normal
expenses. As of today, the County of Los Angeles is projecting a $2.2 billion
revenue shortfall.
C/Low offered a motion to table this item and schedule a Study Session
discussion regarding the entire policy. This is a big item and the City cares
about its employees and wants to take care of them. At the same time, the
Council has a responsibility to be prudent and responsible. She
complimented HRM/Haug for the fine job she did in putting this together.
MPT/Lyons agreed with C/Low. The possible fiscal impact of paying out the
employee is what got her to thinking about this policy and perhaps there are
other fiscal impacts that will be impacted with the new plan and the Council
should probably look at it in depth.
MPT/Lyons seconded C/Low’s motion to table the item and schedule a
Study Session item about the entire policy.
M/Tye reread the item under discussion. He said he did not understand
why the Council was getting tangled up on whether the employee is paid
out because they did not use it or they bank it and use it before the end of
June. Either way, the City of Diamond Bar is paying that employee for
working on an observed holiday.
MPT/Lyons said the way she understands it is that with the big 4 th of July
party the City had, employees worked on the 4 th of July, got paid holiday
pay and then they had eight or nine hours of banked time to take before the
end of the year. And the change to the policy says that if the employee
does not take the banked time, they will receive it paid out which means
they would get they would not have gotten otherwise.
M/Tye said that it was a paid day off. M/Tye asked HRM/Haug if he was
misinterpreting this and she responded “no, Mayor”.
M/Tye said he now realizes the Council is in the weeds on this issue and
believes it is a good idea to table Item 3.3 and bring it back at a St udy
Session.
C/Chou said he understood what MPT/Lyons and C/Low were saying. In
the world of human resources there are many landmines, rules and
regulations which are statutory. He does not believe any of the Council
Members are HR professionals and if the Council is considering getting into
the weeds of tweaking some of the language, he has a feeling this will turn
into a much bigger project than what was intended just to be compliant.
Although he is supportive of a deeper study, he cautioned his coll eagues
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that this could potentially turn into a much bigger project than what the
Council Members have considered.
M/Tye said that the professional in the room is HRM/Haug and Council will
depend on her. This is an update and something that can be addressed in
a Study Session.
M/Tye called for the vote on C/Low’s motion to table the item and consider
the details in a Study Session:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. PUBLIC HEARING(S): NONE
5. COUNCIL CONSIDERATION: NONE
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Mahlke said it will be of no surprise because of the stay-at-home order, that she
has not actually attended any meetings. There is a lot of information about COVID-
19 as mentioned by Mr. Barcon and she cannot recommend enough the City’s
website when it comes to getting updated information. It is a great p lace to start
and a place where one can be assured they are getting accurate and reliable
information. The virtual Rec Center staff has worked diligently to open up looks
fantastic. She gets to leave the house tomorrow because she is going to give
blood at the City of Hope and for anyone thinking about leaving their house to give
blood, she recommends they call the local Red Cross or the City of Hope to do
their pre-screening on the phone.
C/Low said that she and her colleagues helped celebrate the 60 th wedding
anniversary of Ernest and Hazel De Pass who were outside of their house with
their four kids. Police cars drove by with their sirens and lights on as did City
Council Members and members of the Fire Department. Everyone stayed in their
cars and there were no violation of distancing orders. Regarding the Barlas’
comments about the fraudulent use of their personal information, while we are
safer at home, our personal information, our credit and our identity is never in more
danger than it is now. The bad guys are working overtime to steal our money like
they are trying to do with the stimulus checks by offering to assist. What they are
really doing is scamming people out of their money. Please remain aware that the
government will never charge you or ask you for your social security number, credit
card information or bank account information. Although City Hall is closed,
everyone is getting emails and there were a lot of emails concerning Project Room
Key. While the laudable goal of this project is to provide housing, shelter, food and
care to homeless persons, unfortunately, many of the local cities in the area are
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not part of this project and have not been invited to be a partner or provide input.
Even worse, there has been little information forthcoming about how this project
works and how it affects their cities and residents. She asked M/Tye to convene
a special meeting to educate the Council and residents about how this project will
work, how it will benefit the community and what the City can expect. Perhaps
staff can reach out to the County. COG is collecting questions they want to present
to the county as well.
C/Chou thanked staff for putting together the CIP report. We are six weeks into
safer at home and people are starting to get restless. He appreciates residents
who are being patient. When he makes his essential trips to the post office or
grocery store, the vast majority of residents are observing the face covering
mandate and being polite and respectful. The loca l stores seem to be better
stocked and he is observing that people are not making a run on essential items.
He thanked residents for their classy participation. Stay safe and stay home and
together we will get through this. An additional resource that came to his attention
was via the Labor and Workforce Development Agency of LA County that is
coming out with a new assistance program called “Pandemic Unemployment
Assistance" which specifically targets those who are self- employed and gig
workers. The weekly minimum benefit is $167 plus $600 for weeks between March
29 and July 25th as part of the COVID-19 response. This program is retroactive to
February 2nd. Application for this program becomes available Tuesday, April 28 th
on the website www.labor.ca.gov.
MPT/Lyons thanked PWD/Liu and his staff for his thorough analysis of the Capital
Improvement Project budget and the recommendations. With the budget cuts the
City will be facing, he made very wise choices and provided a very complete
explanation of those choices. She agreed with C/Low about the need for more
information on Project RoomKey. She attended the COG meeting and there was
an interesting presentation by Sarah Dusseault, Chair of LAHSA (Los Angeles
Homeless Services Authority who provided a great deal of information about this
project which is the county and state’s efforts to put the homeless in shelters to
help contain the Coronavirus. Still, a lot of questions remain about how it works,
notification to the cities, coordination with the Sheriff, etc. and much more that the
City needs to understand. She concurred on the great drive by parade to celebrate
the 60th wedding anniversary of Ernest and Hazel De Pass who are 55 -year
residents of Diamond Bar. She asked the Mayor to close tonight’s meeting in
honor of their 60 years of wedded bliss.
M/Tye asked CM/Fox if he was thinking about a special meeting to learn more
about Project RoomKey.
CM/Fox responded that staff could schedule a special meeting or put it on the
agenda, whichever the Council wishes. Staff would need some time to coordinate
a meeting with county representatives. CM/Fox said he participated in a call
yesterday that was headed by the Police Chiefs Association which included City
Policy Chiefs as well as, contract City Sheriff’s. Supervisor Chair Katherine Barger
along with Supervisor Pro Tem Hilda Solis announced that they have a new single
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point person out of the CEO’s office that will be heading this up. They also
acknowledged some of the shortcomings with notifying cities and their staff prior
to entering into these types of agreements and indicated they will be providing
notice to the cities as they have interest from hotels. What staff has come to learn
is that the Quality Inn at Fairway and SR60 in Rowland Heights in the
unincorporated area of the county has signed up to participate in this program. He
is not aware of any Diamond Bar hotels that are participating and no one has
indicated that there is interest in doing so at this point.
M/Tye said he has little to no confidence in the county’s representative regarding
Project RoomKey based on the misinformation to date. But if Supervisor Barger
and Solis are making efforts to improve and deliver that information, he would be
encouraged by their participation. What he does not want to happen is for there
to be too many items on the May 5th agenda. He asked C/Low if she was seeking
a special meeting rather than having this placed on a regular meeting agenda and
C/Low responded yes, that she would support having a special meeting. There
are a sufficient number of Diamond Bar residents who are concerned about this
and who want to know about the program. The Quality Inn, while not in the City
limits of Diamond Bar, is very close to the City’s borders and she believes the
residents who live near that facility want the information which is a service she
believes Diamond Bar owes to its residents.
MPT/Lyons agreed that it was essential that the information be brought to the
residents in a noticed special meeting.
Council concurred to hold a special meeting on Friday, April 24th.
M/Tye urged everyone to continue doing their part to end this pandemic, whether
it means staying home or if identified as being essential, being careful and wearing
masks. He does not know how much longer this will last but knows we are one
day closer. He hopes everyone will remain optimistic and remember to choose joy
and, tomorrow perhaps do something to make somebody’s day. The De Pass’s
made his day. It was wonderful to see them sitting on their lawn and enjoying the
adoration they were able to enjoy from a distance.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 7:39 p.m. in honor of Ernest and Hazel De Pass on the
occasion of their 60th wedding anniversary.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
3.1.b
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The foregoing minutes are hereby approved this 5th day of May, 2020.
__________________________
Steve Tye, Mayor
3.1.b
Packet Pg. 112
Agenda #: 3.2
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED APRIL 9, 2020
THROUGH APRIL 22, 2020 TOTALING $670,453.54.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $670,453.54.
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 April 9, 2020 through April 22,
2020 totaling $670,453.54 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:
3.2
Packet Pg. 113
REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 5-5-2020
2. 3.2.b Check Register 5-5-2020
3.2
Packet Pg. 114
3.2.a
Packet Pg. 115
SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132439 04/22/20 88844MOT 88844MOTOR 5205556 VEH MAINT-P/WORKS 0.00 125.0010100 132440 04/22/20 ABSOSECU ABSOLUTE SECURITY INTERN 0015333 SECURITY GUARD SVCS 0.00 312.5010100 132441 04/22/20 AIRGASUS AIRGAS INC 0015556 CYLINDER ARGON 0.00 8.0010100 132441 04/22/20 AIRGASUS AIRGAS INC 0015350 SUPPLIES-HELIUM 0.00 93.00TOTAL CHECK 0.00 101.0010100 132442 04/22/20 ALAMOROO ALAMO ROOFING SERVICES C 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132443 04/22/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-COPIERS/PRNTRS 0.00 2,248.8010100 132444 04/22/20 BEARSTAT BEARSTATE AIR CONDITIONI 0015556 SVC CALL-HERITAGE 0.00 600.6710100 132444 04/22/20 BEARSTAT BEARSTATE AIR CONDITIONI 0015556 MAINT SVCS-HERITAGE 0.00 155.00TOTAL CHECK 0.00 755.6710100 132445 04/22/20 EVERGREE ROBYN A BECKWITH 0015333 PLANT MAINT-DBC 0.00 200.0010100 132445 04/22/20 EVERGREE ROBYN A BECKWITH 0015556 PLANT MAINT-HERITAGE 0.00 135.00TOTAL CHECK 0.00 335.0010100 132446 04/22/20 BHOWMICK NIVEDITA BHOWMICK 001 FACILITY REFUND 0.00 500.0010100 132447 04/22/20 BLUE360M BLUE360 MEDIA LLC 0014411 SUPPLIES-REF BOOK 0.00 59.7510100 132448 04/22/20 BLUEBEAM BLUEBEAM INC 0014070 LICENSES-COMM DEV 0.00 3,864.1510100 132449 04/22/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 MONTHLY MAINT SVCS 0.00 6,044.0010100 132449 04/22/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 MONTHYLY MAINT SVCS 0.00 29,719.0010100 132449 04/22/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL REPAIR MAINT-PK 0.00 550.0010100 132449 04/22/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 BACK FILL SVCS-DBC 0.00 3,548.47TOTAL CHECK 0.00 39,861.4710100 132450 04/22/20 BURNSTIF TIFFANY BURNS 001 RECREATION REFUND 0.00 1,489.0010100 132451 04/22/20 CAPPO CA ASSN OF PUBLIC PROCUR 0014050 NEW MEMBERSHP-L ALLEN 0.00 130.0010100 132451 04/22/20 CAPPO CA ASSN OF PUBLIC PROCUR 0014050 ANNL MEMBERSHIP DUES 0.00 130.00TOTAL CHECK 0.00 260.0010100 132452 04/22/20 CDTFA CALIFORNIA DEPT OF TAX A 001 JAN-MAR 20 SALES TAX 0.00 5.2910100 132452 04/22/20 CDTFA CALIFORNIA DEPT OF TAX A 001 JAN-MAR 20 USED TAX 0.00 252.4510100 132452 04/22/20 CDTFA CALIFORNIA DEPT OF TAX A 115 JAN-MAR 20 USED TAX 0.00 521.8410100 132452 04/22/20 CDTFA CALIFORNIA DEPT OF TAX A 135 JAN-MAR 20 USED TAX 0.00 805.42TOTAL CHECK 0.00 1,585.0010100 132453 04/22/20 CNP CALIFORNIA NEWSPAPERS PA 0014095 PRINT/MAIL-DBCONNECT 0.00 7,194.0310100 132454 04/22/20 CANTOINC CANTO INC 0014070 ANNL SOFTWARE 2/20-21 0.00 5,500.0010100 132455 04/22/20 CIVICPLU CIVICPLUS LLC 0014095 TRNG-I.T. 0.00 625.0010100 132456 04/22/20 COPPCONT COPP CONTRACTING INC 2505510 DBB ST REHAB PROJ 0.00 105,711.2010100 132456 04/22/20 COPPCONT COPP CONTRACTING INC 250 RETENTIONS PAYABLE 0.00 -5,285.563.2.bPacket Pg. 116
SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNTTOTAL CHECK 0.00 100,425.6410100 132457 04/22/20 CRAFCOIN CRAFCO INC 0015554 SUPPLIES-ROAD MAINT 0.00 673.4310100 132458 04/22/20 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS-MAR 2020 0.00 668.6510100 132459 04/22/20 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2017-169 0.00 1,080.3510100 132459 04/22/20 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 2019-042 0.00 2,316.00TOTAL CHECK 0.00 3,396.3510100 132460 04/22/20 DIAMONDC DIAMOND CANYON CHRISTIAN 001 FACILITY REFUND 0.00 714.8010100 132461 04/22/20 DSA DIVISION OF THE STATE AR 133 SB1186 JAN-MAR 2020 0.00 202.4010100 132462 04/22/20 DMPR4LLC DMPR 4 LLC 0014030 STORAGE RENTAL-MAY 0.00 1,743.0010100 132463 04/22/20 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-PARK 0.00 1,150.0010100 132464 04/22/20 EINIXCON EINIX CONSTRUCTION INC 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132465 04/22/20 ELLAKKAN ANNA ELLAKKANY 001 RECREATION REFUND 0.00 110.0010100 132466 04/22/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PANTERA 0.00 30.0010100 132467 04/22/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 E/MAIL-GENERAL 0.00 16.9310100 132468 04/22/20 FERRERER ERICKO FERRER 001 FACILITY REFUND 0.00 350.0010100 132469 04/22/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SANDBAGS 0.00 660.7210100 132469 04/22/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SANDBAGS 0.00 374.16TOTAL CHECK 0.00 1,034.8810100 132470 04/22/20 GAMALASM ASMAA GAMAL 001 RECREATION REFUND 0.00 27.5010100 132471 04/22/20 GATEWAYC GATEWAY CORP CENTER ASSO 0014093 CAPITAL CONTRIBUTION A 0.00 3,510.7410100 132472 04/22/20 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI ABATEMENT SV 0.00 3,025.0010100 132473 04/22/20 WHITECAP HD SUPPLY CONSTRUCTION L 0255556 SUPPLIES-COVID-19 0.00 270.2810100 132474 04/22/20 HOKANSON MARK HOKANSON 001 FACILITY REFUND 0.00 1,300.0010100 132475 04/22/20 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 SUPPLIES-DBC 0.00 74.4210100 132476 04/22/20 INLAEMPI INLAND EMPIRE MAGAZINE 0015333 AD-DBC APR 2020 0.00 750.0010100 132477 04/22/20 AOS INTEGRUS LLC 0014070 RICOH COPY CHARGES 0.00 666.0810100 132478 04/22/20 INTERPRI INTERPRINT CORPORATION 1264411 DESIGN SVCS-NGHBRHD W 0.00 153.5310100 132478 04/22/20 INTERPRI INTERPRINT CORPORATION 1264411 DESIGN SVCS-NGHBRHD W 0.00 5,000.00TOTAL CHECK 0.00 5,153.533.2.bPacket Pg. 117
SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132479 04/22/20 JCLTRAFF JCL TRAFFIC SERVICES 0255554 SIGNAGE-COVID-19 0.00 259.2410100 132479 04/22/20 JCLTRAFF JCL TRAFFIC SERVICES 0255554 SIGNAGE-COVID-19 0.00 2,499.12TOTAL CHECK 0.00 2,758.3610100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 PROF.SVCS-PR 19-2051 0.00 403.7510100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 PROF.SVCS-PR 19-2051 0.00 465.0010100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 PROF.SVCS-STORMWATER 0.00 1,893.7510100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 ADMIN FEE-PR 19-2051 0.00 72.6710100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 ADMIN FEE-PR 19-2051 0.00 83.7010100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 ADMIN FEE-PR 19-2051 0.00 -83.7010100 132480 04/22/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 001 ADMIN FEE-PR 19-2051 0.00 -72.67TOTAL CHECK 0.00 2,762.5010100 132481 04/22/20 JONESKEV KEVIN D JONES 0015551 SR-57/60 FED CONFLUEN 0.00 4,000.0010100 132482 04/22/20 KERTLAND KERTLAND ROOFING INC 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132483 04/22/20 KESSELLM MARYSOL KESSELL 001 RECREATION REFUND 0.00 13.7510100 132484 04/22/20 KAPIRVIN KIDDIE ACADEMY PRESCHOOL 001 FACILITY REFUND 0.00 231.2510100 132485 04/22/20 KOBLYRIC RICHARD KOBLY 001 RECREATION REFUND 0.00 114.0010100 132486 04/22/20 KUOCLAIR CLAIRE KUO 001 RECREATION REFUND 0.00 307.0010100 132487 04/22/20 LABUILDE LA BUILDERS & ROOFING SP 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132488 04/22/20 LANDSEND LANDS’ END INC 0015333 SUPPLIES-REC STAFF 0.00 1,126.6510100 132489 04/22/20 LEVELUPE LEVEL UP ENTERTAINMENT 001 FACILITY REFUND 0.00 7,298.3910100 132490 04/22/20 LOOMIS LOOMIS 0014050 COURIER SVCS-MAR 2020 0.00 314.1610100 132490 04/22/20 LOOMIS LOOMIS 0015333 COURIER SVCS-MAR 2020 0.00 314.16TOTAL CHECK 0.00 628.3210100 132491 04/22/20 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 INDUSTRIAL WASTE SVCS 0.00 1,939.0610100 132492 04/22/20 MAGNUSIN MAGNUS INTERNATIONAL 0254095 TRANSLATION-COVID-19 0.00 397.0010100 132493 04/22/20 MAHERCHI CHIU CHEN MAHER 001 FACILITY REFUND 0.00 151.3510100 132494 04/22/20 MAYALEGA MAYA LEGAL DOCUMENTS 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132495 04/22/20 MCECORPO MCE CORPORATION 1385538 MONTHLY MAINT-DIST 38 0.00 5,002.0010100 132495 04/22/20 MCECORPO MCE CORPORATION 1415541 MONTHLY MAINT-DIST 41 0.00 5,673.0010100 132495 04/22/20 MCECORPO MCE CORPORATION 1395539 MONTHLY MAINT-DIST 39 0.00 17,373.0010100 132495 04/22/20 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY SVCS 0.00 1,054.9610100 132495 04/22/20 MCECORPO MCE CORPORATION 0015554 STORM DRAIN SVCS 0.00 1,847.8410100 132495 04/22/20 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL 0.00 11,174.08TOTAL CHECK 0.00 42,124.8810100 132496 04/22/20 METROLIN METROLINK 1125553 CITY SUBSIDY-MAR 0.00 8,303.403.2.bPacket Pg. 118
SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132496 04/22/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAR 0.00 33,213.6010100 132496 04/22/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 2,021.2510100 132496 04/22/20 METROLIN METROLINK 1125553 CITY SUBSIDY-SR 0.00 2,021.25TOTAL CHECK 0.00 45,559.5010100 132497 04/22/20 MITYLITE MITY LITE INC 0015333 EQ REPLACEMENT 0.00 200.9810100 132498 04/22/20 MORANELI ELISA MORAN 001 FACILITY REFUND 0.00 1,767.0510100 132499 04/22/20 NAIKPRAD PRADUMAN NAIK 001 FACILITY REFUND 0.00 2,603.4510100 132500 04/22/20 NAJAJOAQ JOAQUIN NAJARRO 001 RECREATION REFUND 0.00 115.0010100 132501 04/22/20 PSI PROTECTION ONE INC 0015556 ALARM SVCS-HERITAGE 0.00 184.5710100 132502 04/22/20 PUBLICST PUBLIC STORAGE #23051 0014030 STORAGE RENTAL-MAY 0.00 457.0010100 132503 04/22/20 PYROCOMM PYRO COMM SYSTEMS INC 0014093 FIRE ALARM-C/HALL 0.00 135.0010100 132504 04/22/20 RFDICKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS-MAR 0.00 11,765.9210100 132505 04/22/20 REGIONAL REGIONAL CHAMBER OF COMM 0014096 SVC CONTRACT-JAN-MAR 0.00 3,000.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 COMMISSION-MAR 0.00 -269.8510100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 TAP SVCS-SR 0.00 30.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 CITY SUBSIDY- SR 0.00 30.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 TAP SVCS-MAR REG 0.00 7,148.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 CITY SUBSIDY-MAR REG 0.00 1,787.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 FOOTHILL PASSES-APR 0.00 288.0010100 132506 04/22/20 RTSC REGIONAL TAP SERVICE CEN 1125553 CITY SUBSIDY-APR 0.00 72.00TOTAL CHECK 0.00 9,085.1510100 132507 04/22/20 RENWEIYU WEIYU REN 001 RECREATION REFUND 0.00 14.3710100 132508 04/22/20 RKACONSU RKA CONSULTING GROUP 0015551 AREA 1 CURB RAMPS-P/4 0.00 280.0010100 132508 04/22/20 RKACONSU RKA CONSULTING GROUP 2505510 AREA 1 PROJ-FEB 2020 0.00 11,025.00TOTAL CHECK 0.00 11,305.0010100 132509 04/22/20 RUIZGWEN GWEN RUIZ 001 RECREATION REFUND 0.00 28.7410100 132510 04/22/20 SCSIGNS S C SIGNS & SUPPLIES LLC 0255554 SIGNAGE-COVID-19 0.00 3,302.5210100 132511 04/22/20 SCFUELS SC FUELS 5204030 FUEL-CMGR 0.00 32.3510100 132511 04/22/20 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 46.7210100 132511 04/22/20 SCFUELS SC FUELS 5205230 FUEL-CODE ENFOR 0.00 73.7610100 132511 04/22/20 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 734.7010100 132511 04/22/20 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 772.80TOTAL CHECK 0.00 1,660.3310100 132512 04/22/20 SDYOUNGR SD YOUNG ROOFING 001 REFUND-C/D DEPOSIT 0.00 500.0010100 132513 04/22/20 SIMPSONA SIMPSON ADVERTISING INC 0254095 PRINTING-COVID-19 0.00 875.003.2.bPacket Pg. 119
SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132513 04/22/20 SIMPSONA SIMPSON ADVERTISING INC 0254095 PRINT SVCS-COVID-19 0.00 4,010.00TOTAL CHECK 0.00 4,885.0010100 132514 04/22/20 SOCALCON SO CAL CONSTRUCTION 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-PARK 0.00 53.9010100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-PARKS 0.00 2,309.0610100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 2,330.7910100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS-DBC 0.00 3,645.1710100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 413.2910100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 709.3710100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 10.8810100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.1010100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.9110100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 16.0810100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 21.7610100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 32.5210100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 48.4010100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 84.7610100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 90.6110100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 22.6610100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 219.0110100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 258.4710100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 188.1110100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS-DIST 39 0.00 195.5710100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 93.7610100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 108.7210100 132516 04/22/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 121.10TOTAL CHECK 0.00 10,997.0010100 132517 04/22/20 SPORTPIN SPORT PINS INTERNATIONAL 0015350 PROMO SUPPLIES 0.00 2,313.6610100 132518 04/22/20 SUNSHINE SUNSHINE ROOFING 001 REFUND-C/D DEPOSIT 0.00 450.0010100 132519 04/22/20 TENGNAN NAN TENG 001 RECREATION REFUND 0.00 59.2510100 132520 04/22/20 SCGAS THE GAS COMPANY 0015556 GAS SVCS-HERITAGE 0.00 186.2510100 132520 04/22/20 SCGAS THE GAS COMPANY 0014093 GAS SVCS-CITY HALL 0.00 840.08TOTAL CHECK 0.00 1,026.3310100 132521 04/22/20 SGVT THE SAN GABRIEL VALLEY N 001 LEGAL ADS-PL 2020-06 0.00 578.0010100 132521 04/22/20 SGVT THE SAN GABRIEL VALLEY N 001 LEGAL ADS-PL 2019-162 0.00 587.0010100 132521 04/22/20 SGVT THE SAN GABRIEL VALLEY N 001 LEGAL ADS-PL 2015-253 0.00 695.00TOTAL CHECK 0.00 1,860.0010100 132522 04/22/20 TAITDAVI THE TAIT GROUP INC 0015551 SR-57/60 INTERCHANGE 0.00 1,000.0010100 132523 04/22/20 TRANWINN WINNIE TRAN 001 RECREATION REFUND 0.00 102.6710100 132524 04/22/20 TRIFYTTS TRIFYTT SPORTS LLC 0015350 CONTRACT CLASS-WINTER 0.00 712.8010100 132525 04/22/20 TRUEJESU TRUE JESUS CHURCH IN ONT 001 FACILITY REFUND 0.00 270.353.2.bPacket Pg. 120
SUNGARD PENTAMATION INC PAGE NUMBER: 6DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132526 04/22/20 ULINEINC ULINE INC 0014440 SUPPLIES-EOC 0.00 384.3510100 132527 04/22/20 USPSBULK UNITED STATES POSTAL SER 0014095 POSTAGE REPLENISHMNT 0.00 16,000.0010100 132528 04/22/20 GRAINGER W.W. GRAINGER INC. 0014093 SUPPLIES-CITY HALL 0.00 24.5410100 132528 04/22/20 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES-PARKS 0.00 423.45TOTAL CHECK 0.00 447.9910100 132529 04/22/20 WVUSD WALNUT VALLEY UNIFIED SC 001 FACILITY REFUND 0.00 449.3310100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS-DBC 0.00 278.7710100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 582.6410100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-CITY HALL 0.00 534.6110100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 4,413.8410100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 4,449.6310100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 4,617.5110100 132530 04/22/20 WVWATER WALNUT VALLEY WATER DIST 0015556 WATER SVCS-PARKS 0.00 8,273.02TOTAL CHECK 0.00 23,150.0210100 132531 04/22/20 WANGJESS JESSICA WANG 001 RECREATION REFUND 0.00 110.0010100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0255333 SUPPLIES-COVID-19 0.00 0.9210100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0254093 SUPPLIES-COVID-19 0.00 45.3110100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 JANITORIAL SUPPLIES 0.00 111.1610100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 JANITORIAL SUPPLIES 0.00 521.6010100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0254093 SUPPLIES-COVID-19 0.00 74.7810100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0255333 SUPPLIES-COVID-19 0.00 77.0910100 132532 04/22/20 WAXIESAN WAXIE SANITARY SUPPLY 0254093 SUPPLIES-COVID-19 0.00 109.35TOTAL CHECK 0.00 940.2110100 132533 04/22/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-MAR 0.00 2,405.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 19-603 0.00 600.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 19-1960 0.00 840.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 18-33786 0.00 400.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-1960 0.00 151.2010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-603 0.00 108.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 18-34552 0.00 200.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 18-34552 0.00 36.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 18-33786 0.00 -72.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 18-34552 0.00 -36.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 18-33786 0.00 72.0010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-1960 0.00 -151.2010100 132534 04/22/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-603 0.00 -108.00TOTAL CHECK 0.00 2,040.0010100 132535 04/22/20 WONGLINH LINH HONG WONG 001 RECREATION REFUND 0.00 85.0010100 132536 04/22/20 ZOZAYARA RANDY ZOZAYA 001 RECREATION REFUND 0.00 50.0010100 PP08/20A 04/17/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 3,983.823.2.bPacket Pg. 121
SUNGARD PENTAMATION INC PAGE NUMBER: 7DATE: 04/22/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:44:00 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200409 00:00:00.000’ and ’20200422 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 PP08/20A 04/17/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,333.0210100 PP08/20A 04/17/20 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 53.01TOTAL CHECK 0.00 33,369.8510100 PP08/20B 04/17/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/17/20-PTS CONTRIBUTI 0.00 1,840.9110100 PP08/20B 04/17/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/17/20-P/R DEDUCTIONS 0.00 7,389.4810100 PP08/20B 04/17/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/17/20-LOAN DEDUCTION 0.00 3,373.14TOTAL CHECK 0.00 12,603.5310100 PP08/20C 04/17/20 TASC TASC 001 4/17/20-P/R DEDUCTIONS 0.00 1,745.6010100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-08/PP 20 0.00 164,008.1210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-08/PP 20 0.00 3,554.2210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-08/PP 20 0.00 1,998.2110100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-08/PP 20 0.00 6,854.0210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 025 P/R TRANSFER-08/PP 20 0.00 29,143.5210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-08/PP 20 0.00 1,245.4610100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-08/PP 20 0.00 724.7210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-08/PP 20 0.00 724.7210100 PP08/20D 04/17/20 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-08/PP 20 0.00 -2,970.75TOTAL CHECK 0.00 205,282.2410100 PP08/20E 04/17/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-PEPRA 0.00 307.4110100 PP08/20E 04/17/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-EE 0.00 248.8610100 PP08/20E 04/17/20 PERSRET1 PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 10.00TOTAL CHECK 0.00 566.27TOTAL CASH ACCOUNT 0.00 670,453.54TOTAL FUND 0.00 670,453.54TOTAL REPORT 0.00 670,453.543.2.bPacket Pg. 122
Agenda #: 3.3
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the March 2020 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.3.a March 2020 Treasurer's Statement
2. 3.3.b March 2020 Investment Portfolio Report
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3.3.a
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3.3.a
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3.3.b
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3.3.b
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3.3.b
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3.3.b
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Agenda #: 3.4
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH DE NOVO PLANNING
GROUP IN THE AMOUNT OF $49,550 TO PREPARE AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION FOR THE “ENNABE
RESIDENCE” PROJECT.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign the Consulting Services Agreement with De
Novo Planning Group to prepare the "Ennabe Residence" Initial Study/Mitigated
Negative Declaration for a not-to-exceed total of $49,550.
FINANCIAL IMPACT:
None. All costs associated with the execution of the Consulting Services Agreement
shall be borne by the applicant. The applicant will be required to submit the total
contract amount to the City prior to the start of services. Consultant invoices will be
paid out of the developer deposit account. The proposed Consulting Services
Agreement authorizes the Consultant submit invoices to the City for a not -to-exceed
amount of $49,550.
BACKGROUND:
Staff is seeking the service from an environmental consulting firm to prepare the
appropriate California Environmental Quality Act (CEQA) document to assess the
potential environmental impacts associated with the proposed development of a c ustom
13,590 square-foot single-family residence, and to identify appropriate mitigation
measures to avoid or reduce those impacts to less -than-significant levels. Staff believes
that an Initial Study (IS) will likely conclude that a Mitigated Negative Declaration (MND)
is the appropriate environmental determination for this project.
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Site Characteristics
The project site is located at 23135 Ridge Line Road, within the Diamond Bar Country
Estates gated community (“The Country”). The subject property is an undeveloped, 1.5-
acre hillside parcel located on the northerly side of Ridge Line Road, between Rusty
Spur Road and Rocky View Road, and is surrounded by developed and undeveloped
residentially-zoned properties. The project site is characterized by a steep, north facing,
slope (over 30 percent) that descend from street level. Vegetation on the site includes
coast live oak and Southern California black walnut woodlands. The property is located
within the Rural Residential (RR) zoning district, with an underlying General Plan land
use designation of Rural Residential (RR). See the aerial view of the subject property
below.
Proposed Project
The application includes the following entitlement requests:
• Development Review – Design review of a new single-family residence (“Ennabe
Residence”).
• Tree Permit – To remove 17 protected Southern California black walnut and coast
live oak trees and replace at a 3:1 ratio on or off site. Seven unprotected trees will
also be removed.
Typically, construction of a single-family residence is categorically exempt from the
Site Aerial N N
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provisions of CEQA. However, because oak/walnut woodland will be impacted, staff has
determined that the CEQA exemption does not apply.
CONSULTANT SELECTION PROCESS:
On February 14, 2020, the City published a detailed RFP through PlanetBids, inviting
planning and environmental consulting firms to submit proposals to prepare the IS/MND
for the “Ennabe Residence” project. The City received proposals from two firms: De
Novo Planning Group (De Novo) and Environment Planning Development Solutions,
Inc. (EPD).
Staff recommends that the City enter into a Consulting Services Agreement with De
Novo based on the factors outlined below:
Quality of Proposal – De Novo prepared a proposal with a scope of work closely
aligned with the project’s needs, which include an in-depth review of potential impacts to
biological resources and aesthetics.
Cost – The proposed budget was $14,355 less than EPD’s. One factor that made the
budget cost efficient was due to De Novo utilizing resources such as the City’s recently
adopted 2040 General Plan and Climate Action Plan to anticipate that greenhouse gas
modeling or air quality modeling will not be necessary.
Scope of Work – The scope of work includes all work efforts related to the analysis,
preparation, consultation and related compliance with CEQA. This will include the
preparation of an initial study, the mitigated negative declaration with necessary
technical studies, on-call consulting on an as needed basis, and attendance at public
hearings.
Firm Credentials – De Novo has experienced and qualified analysts with services
focusing on planning, environment, and sustainability. Their expertise includes
environmental documentation and compliance, with technical abilities in air quality,
biology, climate change, land use and water resources. Furthermore, De Novo had
excellent references.
Project Manager – Starla Barker, AICP, will be the assigned project manager. Ms.
Barker has over 17 years of industry experience preparing and managing planning and
CEQA documents throughout Southern California. Ms. Barker is the principal planner at
De Novo and will work closely with the principal of De Novo, Steve McMurtry, who has
education in natural resources and experience in preparing biological assessments for a
variety of projects in California.
Based on staff’s evaluation of the submitted proposals, it is recommended that the City
Council authorize the Mayor to execute the proposed contract with De Novo to prepare
the IS/MND for a not-to-exceed total of $49,550.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.4.a Consulting Services Agreement
2. 3.4.b Scope of Work and Budget
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1
CONSULTING SERVICES AGREEMENT
ENVIRONMENTAL CONSULTING SERVICES
THIS AGREEMENT (the "Agreement") is made as of May 5, 2020, by and
between the City of Diamond Bar, a municipal corporation ("City") and De Novo
Planning Group, 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 services 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.
The Community Development Director, Greg Gubman or his designee
(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 May 5, 2020, and
shall continue until the scope of services 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 forty-nine thousand, five hundred fifty dollars ($49,550)
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.
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.
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2
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, State agency, including the Public Employee Retirement
System, 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, its employees or subconsultants, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with 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.
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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 a business license with 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, which are
a consequence of the negligent acts, errors, omissions of the Consultant. 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, ultimately
determined to have been caused by the negligence of the Consultant and proportionate
to the degree of fault of the Consultant. Notwithstanding the foregoing, for any claim
alleging the negligent performance of work by Consultant, the Consultant has no
immediate obligation to provide the defense of the City. 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.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
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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
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,
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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
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.
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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.
14. 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.
15. 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 mailing 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.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
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Agreement. Starla Barker shall serve as Consultant’s project manager for all such
services required under this Agreement and all other services shall be performed by
personnel qualified to perform such services and under her supervision. Ms. Barker
shall not be replaced without the prior written consent of the City. Except as provided in
this Agreement, Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right in its sole discretion to require Consultant to exclude any employee
from performing services on City's premises.
17. 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.
18. 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 as agreed to by and between the Project
Manager and the Consultant.
19. 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.
20. Reserved.
21. 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
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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
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.
22. 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.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. 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.
25. 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.
26. 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.
27. 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.
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Exhibit A – Consultant’s Proposal
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S COPE OF W ORK
P ROJECT U NDERSTANDING
The project involves the construction of a custom, 13,590 square foot single-family residence on
a 1.5-acre undeveloped hillside parcel located at 23135 Ridge Line Road within the Diamond Bar
Country Estates within the City of Diamond Bar. The property is located within the Rural
Residential (RR) zoning district with an underlying General Plan land use designation of Rural
Residential (RR). The site is surrounded by undeveloped residentially-zoned lots to the east and
west and existing single-family residences to the north and south. As part of the proposal, the
Applicant is requesting the following discretionary approvals:
• Development review of a new single-family residence; and
• Tree Permit – to remove 17 protected Southern California black walnut and coast live
oak trees and replace at a 3:1 ratio on- or off-site.
Although construction of a single-family residence would typically be categorically exempt from
the provisions of CEQA, because oak/walnut woodland would be impacted and the average
slope of the property exceeds 20 percent, it has been determined that the CEQA exemption
does not apply. It is anticipated that an Initial Study/Mitigated Negative Declaration will be the
appropriate CEQA clearance document; however, if it is determined that an Environmental
Impact Report (EIR) will be required, the City will request an amendment to the scope of work.
We understand that the Applicant will be providing a geotechnical report and
hydrology/hydraulic report, which will be subject to peer review by the City. Additionally, the
applicant will be providing an updated Tree Study. The De Novo team will prepare a biological
technical report, peer review the applicant-prepared Tree Study; and prepare a combined
cultural/paleontological resources letter report to support the CEQA document, as well as assist
with AB 52 consultation. We do not anticipate any additional technical studies (e.g., traffic) will
be needed. The environmental analysis will address construction and operational impacts
associated with the proposed project.
P ROJECT A PPROACH
De Novo Planning Group, led by Project Manager, Starla Barker, AICP, will serve as the prime
consultant for this assignment. Starla will work closely with City staff, from contract execution
and project inception, through to public hearings and completion of the CEQA process. The De
Novo team is further supported by our subconsultants, ELMT Consulting for biological resources
and Cogstone Resource Management for cultural/tribal cultural resources.
The environmental documentation will be prepared in accordance with the criteria, standards,
and provisions of the CEQA (California Public Resources Code Section 21000 et seq.), CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of Diamond
Bar’s CEQA Guidelines, and the regulations, requirements, and procedures of any other
responsible Public Agency with jurisdiction by law. Each of the environmental issues is
approached thoroughly in order to fully assess all potential impacts, establish thresholds of
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significance, and identify mitigation measures for this work program. Our approach incorporates
opportunities to streamline the analysis, as appropriate, utilizing the City’s recently certified
General Plan 2040 & Climate Action Plan 2040 EIR.
T ASK 1 – K ICKOFF M EETING AND P ROJECT D ESCRIPTION
T ASK 1.1 P ROJECT K ICKOFF M EETING
Within one week of receipt of Notice to Proceed from the City, the De Novo team will have a
kickoff meeting with City Staff to discuss the following:
• City preferences, method of communication, responsibilities, deliverables, etc.;
• Collection of relevant background documents (adopted documents, reports, and studies);
• Any revisions/modifications to the Project Description since issuance of the RFP (if any).
Prior to the kick-off, De Novo will distribute an agenda and detailed memorandum, which will
identify information needs. Following the meeting, meeting minutes and action items will be
summarized in a memorandum and distributed to the team. Based upon the detailed project
information obtained at the project kick-off, De Novo will draft a preliminary project description
(Task 1.2) and project schedule for review and approval by City staff.
This task includes a visit to the project site and its surroundings, which will include a detailed
photographic recording of on- and off-site conditions.
T ASK 1.2 P ROJECT D ESCRIPTION
The Project Description is a critical element of the environmental document and establishes the
foundation for the technical analysis. The project description will include, at a minimum, the
project location and environmental setting, project characteristics, discretionary actions, and
required permits and approvals based on available information. Exhibits will identify the
regional and local site vicinity. De Novo will submit a Draft Project Description to the City for
review and approval; we assume no significant modifications to the Project Description will
occur after approval by the City.
T ASK 2 –P REPARATION OF T ECHNICAL S TUDIES
T ASK 2 .1 –B IOL OGICAL T ECHNICAL R EPORT AND T REE S TUDY P EER R EVIEW
The De Novo team includes ELMT Consulting to prepare a Biological Technical Report and
conduct a third-party peer review of the Applicant-prepared Tree Study.
Literature Review. ELMT will review all technical reports previously prepared for the project and
surrounding vicinity to determine which special-status1 biological resources are likely to occur
on or within the general vicinity of the project site. ELMT will also utilize the California Natural
1 As used in this proposal, “special-status” refers to those plant and wildlife species that are federally or State listed,
proposed, or candidates; plant species that have been designated a California Native Plant Society Rare Plant Rank; and
species that are designated by the CDFW as fully protected, species of special concern, or watch list species.
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Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of
Rare and Endangered Vascular Plants of California to conduct record searches of sensitive
biological resources known to occur on and within the general vicinity of the project site. This
will allow ELMT to focus their field visit on federally and state listed species, and special-status
habitats known to occur or have the potential to occur within the vicinity of the project site.
Additional information sources will be consulted including the California Department of Fish and
Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic/current aerial
photographs, as appropriate, to define the habitat requirements for sensitive species potentially
occurring on-site. Topographic maps, soil surveys, flood maps, hydrology/climate information,
and watershed data will also be reviewed.
Habitat Assessment/Filed Investigation. Following the literature review, ELMT will
systematically survey the project site to document baseline conditions from which to evaluate
the sites potential to support special-status species, sensitive habitat types, and jurisdictional
drainages. The fieldwork will be conducted by qualified biologists in order to document the
presence/absence of special-status biological resources, or to determine the potential for
occurrence of such resources that may not be detectable when the literature review is
conducted. The location of any special-status biological resources (i.e., plants, plant
communities, drainage features, wildlife), if present on-site, will be recorded in the field with a
handheld GPS unit.
Additionally, the suitability of the vegetation on and surrounding the proposed project site will
be surveyed for their ability to provide suitable avian nesting opportunities. Notes will be taken
on all plant and wildlife species observed on-site during the survey. This survey will provide an
understanding of the overall project setting and biological resources occurring in the area. This
data will be used to devise an appropriate clearance/conservation strategy for implementation
of the proposed project. The habitat assessment does not include focused surveys.
Biological Technical Report. A biological technical letter report will be prepared with the results
from the field investigation that will document all plant and wildlife species observed, all
habitats occurring on-site, and the site’s potential to support any special-status species. The
technical letter report will include, at a minimum, the following exhibits to enhance the written
text: 1) Regional Vicinity Map; 2) Site Vicinity Map; 3) Site Plans (or aerial); 4) Project Site; 5)
Vegetation (and their respective acreages), and 6) Critical Habitat. If any special-status biological
resources (i.e., plants, plant communities, drainage features, wildlife) are documented on-site,
an exhibit will be created from the GPS data gathered during the site investigation. The report
will include a brief analysis of the project impacts to biological resources, and mitigation
measures, if any, will describe wildlife movement opportunities in the region, provide
suggestions for further studies that may be needed prior to development, mitigation measures,
and permit requirements, if needed. The report will be sufficient to satisfy the requirements of
CEQA.
Tree Survey Peer Review. A comprehensive evaluation will be performed of the literature
submitted from the Applicant-prepared tree study. In addition, a review of local regulations of
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protected trees will be conducted, and as site visit will be conducted to ground-truth the trees
on-site. Based on the RFP, seventeen (17) protected Southern California black walnut (Juglans
californica), and coast live oak (Quercus agrifolia) have been documented on-site. Following the
site visit, a final report will be submitted to ascertain the following:
1. Compliance with International Society of Arboriculture (ISA) standards:
a. Stature and physical attributes - These typically include diameter at breast height
(DBH), canopy form/spread, and tree height.
b. Health assessment - This includes signs of pest and environmental damage, as well
as any apparent decay.
c. A risk assessment - Trees adjacent to local walkways and roads can present a
potential hazard and liability. This report will describe any such hazard and provide
reasonable measures for mitigation keeping public safety in mind
2. Compliance with applicable local and regional regulation
a. Local designation of special status such as native, heritage or trees of particular
significance
3. Inclusion of features typically provided compared to industry standards
T ASK 2 .2 –C ULTURAL AND P ALEONTOLOGICAL R ESOURCES L ETTER R EPORT
The De Novo team includes Cogstone to prepare a combined Cultural and Paleontological
Resources letter report. Cogstone will request a records search for cultural resources within a
0.5-mile radius of the project area from the South Central Coastal Information Center (SCCIC)
located at California State University, Fullerton. A review of all relevant archival records (e.g.,
historic maps and aerials) will be conducted, and all site records will be obtained. Cogstone will
also request a records search for paleontological resources from the Natural History Museum of
Los Angeles County (NHMLAC). A combined cultural and paleontological resources letter report
will be prepared. The report will characterize the results of the records searches, consultation
efforts to determine baseline conditions, assess potential impacts to cultural and
paleontological resources resulting from the project, and make appropriate recommendations
to avoid or minimize any potentially significant impacts. This scope of work assumes a survey
will not be required. Refer to Tribal Cultural Resources, below, for AB 52.
T ASK 3 – A DMINISTRATIVE D RAFT I NITIAL S TUDY
De Novo will prepare an Administrative Draft Initial Study for City staff to review. The contents
of the Administrative Draft Initial Study will be consistent with all applicable provisions of CEQA
and the CEQA Guidelines, as follows:
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T ASK 3 .1 –I NTRODUCTION
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of Diamond
Bar CEQA Implementation procedures for which the proposed project is subject. This section
will identify the purpose of the study and statutory authority, and include a summary of the
Initial Study format, and a listing of responsible and trustee agencies and documentation
incorporated by reference.
T ASK 3 .2 – E NVIRONMENTAL E VALUATION
This section will include a discussion of the potentially significant environmental impacts,
mitigation measures to reduce significant impacts to a level of insignificance, and a statement
as to whether mitigation measures will reduce impacts to a level of insignificance. The
determination of significance will be based on significance thresholds established by the City’s
adopted Environmental Review Guidelines. The evaluation section will contain appropriately
detailed analysis and discussion of those environmental criteria deemed “Potentially Significant
Impact” and “Potentially Significant Impact Unless Mitigated”. Where the project would result
in “No Impact” or “Less Than Significant Impact” for particular environmental criteria, the Initial
Study will include a brief discussion which supports such a finding. Recommended mitigation
measures will comply with CEQA requirements in terms of effectiveness and feasibility. Where
alternative mitigation measures are available to address a specific impact, the study will include
a recommended measure and discuss the reason(s) for selecting a particular measure over other
alternative measures.
A. Aesthetics
The topography of Diamond Bar is characterized by rolling hills and valleys. Long-range views
of hillsides are provided from publicly accessible vantage points. The project site is located
within the Diamond Bar Country Estates, a private gated community, which is characterized
as having particularly steep areas with development concentrated on the peaks of the hills
and along ridgelines. The project will be reviewed to assess the existing visual character or
quality of public views of the site and if views would be substantially degraded.
B. Agriculture and Forestry Resources
The project site is not designated for agricultural production; thus, the Initial Study will
confirm that there is no effect on farmland and is not subject to a Williamson Act Contract.
The project site does not contain forest land; thus, the Initial Study will confirm there is no
effect on forest land and will not result in conversion of forest land to another use.
C. Air Quality
Short-term construction-related emissions and long-term operational emissions, including
those attributable to emissions from vehicle trips and building energy consumption, would
occur with project implementation. This section will describe regional air quality and local
air quality and primary sources of air pollution in the project vicinity. This section will identify
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applicable state and federal air quality standards, General Plan air quality policies, and
applicable plans, rules, and significance thresholds adopted by the South Coast Air Quality
Management District. Short-term (i.e., construction) and long-term (operational) increases
in regional criteria air pollutants will be assessed qualitatively as the project does not exceed
the applicable South Coast Air Quality Management District thresholds. Our scope
anticipates that air quality modeling will not be necessary. Exposure to odorous or toxic air
contaminants will be qualitatively discussed. The significance of impacts will be determined
in comparison to federal, state, and local standards. Mitigation measures will be prepared
for any impacts found to be significant.
D. Biological Resources
The results of the Biological Technical Report and Tree Study will be incorporated into the
Initial Study and will be the basis for the conclusions in the biological resources section of
the Initial Study; refer to Task 2.1, above.
E. Cultural Resources
The results of the Cultural and Paleontological Resources letter report will be incorporated
into the Initial Study and will be the basis for the conclusions in the cultural resources section
of the Initial Study; refer to Task 2.2, above.
F. Energy
The energy implications of the project are analyzed in compliance with Appendix G of the
CEQA Guidelines. These statutes and guidelines require a project to describe, where
relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a
project. As the project involves construction of a single-family residence, energy impacts are
not anticipated. The analysis will qualitatively discuss energy consumption associated with
short-term construction activities, long-term operations, and transportation.
G. Geology/Soils
Utilizing existing resources from the City and any geotechnical/soils studies prepared by the
Applicant, the analysis will identify existing regional and local geology and soils constraints
(such as compressible soils, landslide hazards, disruptions, displacements, compaction, or
over-covering of the soil, and areas subject to subsidence) and seismic hazards. The project
will be evaluated for its potential to directly or indirectly cause substantial adverse effects
involving fault rupture, strong seismic ground shaking, seismic-related ground failure (i.e.,
liquefaction), and landslides. Information obtain from the paleontological records search
and the potential for the project to impact a paleontological resources will also be
addressed; refer also to the Cultural Resources discussion above.
H. Greenhouse Gas Emissions
De Novo will prepare a greenhouse gas emissions analysis pursuant to the requirements of
Executive Order S-3-05 and The Global Warming Solutions Act of 2006 (AB 32) and
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subsequent legislation, including Senate Bill 32, and case law. The analysis will follow the
California Air Pollution Control Officers Association (CAPCOA) white paper methodology and
recommendations presented in Climate Change & CEQA, which was prepared in
coordination with the California Air Resources Board and the Governor’s Office of Planning
and Research as a common platform for public agencies to ensure that GHG emissions are
appropriately considered and addressed under CEQA.
A qualitative discussion of the Project’s consistency with applicable state and local plans,
including the City’s recently adopted General Plan 2040 & Climate Action Plan 2040, to
reduce the impacts of climate change and energy demand will be provided. Our scope
anticipates that a quantitative analysis of greenhouse gas emissions will not be necessary
and does not include modeling of greenhouse gas emissions.
This section will provide an analysis including the methodology, thresholds of significance,
a consistency analysis, impact analysis, and a discussion of feasible mitigation measures that
should be implemented to reduce impacts associated with greenhouse gas emissions.
I. Hazards and Hazardous Materials
The ability for the project to create a significant hazard to the public, emit hazardous
emissions or handle hazardous materials are not anticipated. The discussion will confirm the
project site is not located on a site which is included on a list of hazardous materials, nor
does the proposed single-family residence create a significant risk to the public involving
hazards and hazardous materials. The project site’s location in a very high fire hazard
severity zone and compliance with the Diamond Bar Municipal Code Hillside Management
requirements addressing fire standards will be discussed.
J. Hydrology/Water Quality
The Initial Study will review existing and proposed hydrology/drainage and water quality
data for the project site based upon available reference documents, including available
information from the project Applicant. As the project site is currently undeveloped, the
proposed development would alter the existing drainage patterns of the site. However, due
to the nature of the project, significant changes in absorption rates, drainage patterns,
storm drain improvements, and downstream impacts are not anticipated. The potential for
the project to degrade water quality, interfere with groundwater recharge or expose people
to water related hazards will be identified. Potential for the proposed project to violate
water quality standards or waste discharge requirements will be analyzed. This task
specifically excludes any modeling for hydrology or water quality.
K. Land Use and Planning
The proposed single-family residence is consistent with the General Plan land use and zoning
designation for the site. The project will be reviewed in the context of land use plans,
policies, and regulations adopted for the purpose of avoiding or mitigating an environmental
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impact. The potential for the project to conflict with these plans, policies or regulations will
be assessed.
L. Mineral Resources
Potential impacts to mineral resources associated with the proposed project are not
anticipated. This discussion will confirm no presence of these resources within the project
area.
M. Noise
It is anticipated that noise increases associated with the project will not be substantial and
that an acoustical study will not be required for the project. This section will describe the
existing noise environment and regulatory framework, including the thresholds established
by the General Plan and Municipal Code, and will evaluate the project to determine whether
it has the potential to expose persons to or generate excessive noise levels or groundborne
vibration levels or result in substantial temporary or permanent increases in ambient noise
levels.
N. Population/Housing
The project involves development of one single-family residence on a currently
undeveloped parcel zoned for residential use. The discussion will confirm the project would
not induce substantial unplanned population growth or displace substantial numbers of
people or housing.
O. Public Services
The project would not involve the construction of new public service (e.g., fire, police,
school, park) facilities. The discussion will focus on the ability for existing public services to
serve the proposed single-family residence.
P. Recreation
The discussion will focus on the ability for existing public services to serve the proposed
single-family residence.
Q. Transportation and Traffic
The ability for the project to conflict with a program, plan, ordinance or policy addressing
the circulation system, including transit roadway, bicycle and pedestrian facilities will be
discussed. The project’s consistency with CEQA Guidelines section 15064.3 will also be
assessed. The potential for the project to increase hazards due to a geometric design feature
or incompatible use or result in inadequate emergency access will be discussed.
R. Tribal Cultural Resources
Under AB 52, the City, as the CEQA lead agency, is required to begin consultation with
California Native American tribes that are traditionally and culturally affiliated with the
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project area prior to the release of a negative declaration, mitigated negative declaration,
or environmental impact report. The De Novo team includes Cogstone to assist the City in
meeting AB 52 requirements by drafting consultation letters to those tribes that have
previously requested notification from the City regarding projects within the City’s
jurisdiction and within the tribe’s traditional use area, if requested. Cogstone will follow-up
three times and send consultation closing letters to each tribe. All letters will be sent via
USPS Certified Mail. This assistance does not include an assessment of impacts; however, if
requested, the De Novo team can provide a scope and fee for assistance with this task.
Information obtained through the records search conducted as part of the Cultural
Resources task and information from the consultation process will be incorporated into the
Initial Study.
S. Utilities/Service Systems
The ability of existing infrastructure to support the development will be confirmed. The
discussion will focus on the potential alteration of existing facilities, extension, or expansion
of new facilities and the increased demand on services based on the proposed single-family
residence. Utilities addressed include water, wastewater, solid waste, electricity, natural
gas, and telecommunications.
T. Wildfires
The project site’s location in a very high fire hazard severity zone will be assessed.
U. Mandatory Findings of Significance
This section will focus on cumulative effects and considerations.
References: All pertinent materials, studies, or persons consulted in the preparation of the study
will be listed within a separate section of the Initial Study. The identity of all Federal, State, and
local agencies, or other organizations and private individuals consulted in the preparation of the
study and the identity of all persons, firms, and City staff preparing the study by contact or other
authorization, will also be listed. The text will include footnote references or other means of
reference consistent with professional style manuals.
T ASK 3.3 –A DDITIONAL S ECTIONS AND E XHIBITS
All pertinent materials, studies, or persons consulted in the preparation of the study will be
listed within a separate section of the Initial Study. The identity of all Federal, State, and local
agencies, or other organizations and private individuals consulted in the preparation of the study
and the identity of all persons, firms, and City staff preparing the study by contact or other
authorization, will also be listed. The text will include footnote references or other means of
reference consistent with professional style manuals.
The environmental document will include exhibits to enhance the written text and clarify the
proposed project. All exhibits will be 8½” x 11” in size and can be provided to the City in a jpeg,
dwg, or pdf, as requested by City Staff.
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T ASK 4 P REPARE R EVISED S CREENCHECK D RAFT I NITIAL S TUDY
De Novo will prepare a Revised Screencheck Draft Initial Study based upon comments received
from the City, and should the analyses described in Task 3.0 determine that impacts could be
mitigated to a less than significant level, prepare the Mitigated Negative Declaration. Changes
to the Screencheck Draft Initial Study will be highlighted/provided in tracked changes to assist
the review.
T ASK 5 P REPARE P UBLIC R EVIEW D RAFT I NITIAL S TUDY /MITIGATED N EGATIVE
D ECLARATION
Upon receipt of any additional comments, De Novo will prepare the City-approved Revised
Screencheck Draft Initial Study with any revisions directed by the City’s project manager, and
the Notice of Intent to Adopt a Negative Declaration (ND)/Mitigated Negative Declaration
(MND) for public review. This document will be publicly circulated for 30 days in accordance
with the noticing requirements under CEQA. (See noticing under Task 8).
T ASK 6 P REPARE F INAL I NITIAL S TUDY /MND AND R ESPONSES TO C OMMENTS
Upon completion of the public review period De Novo will prepare a written response to the
public comments, and where necessary the appropriate revisions will be made to the IS/MND
text. Any additional text will be marked in underline format and any deleted text will be marked
in strikeout format. All responses will be prepared pursuant to the State CEQA Guidelines and
provided to City staff for review in the form of a Screencheck Final Initial Study/MND. We will
make any additional revisions as directed by the City and prepare a Final Initial Study MND for
consideration by the Planning Commission and City Council. The Final Initial Study will include a
Mitigation Monitoring and Reporting Program, and any other information necessary for the
City’s staff report to the Planning Commission and City Council.
T ASK 7 M EETINGS
De Novo will attend the following meetings in accordance with the RFP:
• One (1) kick-off meeting with City staff. (See Task 1)
• Up to two (2) in-person project status/update meetings with City staff, if needed.
• Conference calls with City staff, as needed, to discuss work program and progress,
resolve any issues, and/or receive any necessary direction from City staff.
• Up to two (2) public hearings.
We anticipate the Project Manager will be required for each meeting. We have not budgeted
for additional technical support from other members of our team, including our subconsultants,
to attend public hearings. Any additional technical support will be accommodated as necessary
at time and materials.
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T ASK 8 N OTICES
De Novo will be responsible for posting all necessary notices with the County Clerk and State
Clearinghouse (SCH) including the “Notice of Intent to Adopt a Mitigated Negative Declaration”
and the “Notice of Determination (NOD).” We will hand deliver these notices to the County Clerk
out of our Orange County office to ensure they are delivered and filed timely. Additionally, we
will hand deliver these notices along with the State Clearinghouse’s Notice of Completion to
State Clearinghouse (SCH) out of our Sacramento office. This scope of work excludes radius
mailing, newspaper notice, and any applicable CDFW fees.
T ASK 9 D ELIVERABLES
De Novo will provide the following deliverables in accordance with the work schedule:
• One (1) electronic (MS Word format and pdf) of the Kickoff Meeting Agenda, Minutes,
and Schedule.
• One (1) electronic (MS Word format and pdf) draft Project Description.
• AB 52 letter for printing on City letterhead.
• One (1) electronic (pdf) and one (1) hardcopy of the Cultural and Paleontological
Resources letter report.
• One (1) electronic (pdf) and one (1) hardcopy of the Biological Technical Report.
• One (1) electronic (pdf) of the Tree Study Peer Review Memorandum.
• One (1) electronic (MS Word format and pdf) and five (5) hardcopies of the
Administrative Screencheck Draft and Public Review Draft IS/MND with Appendices.
• One (1) electronic (MS Word format and pdf) copy of the Revised Screencheck Draft
IS/MND with tracked changes.
• One (1) electronic (MS Word format and pdf) draft and final Notice of Availability and
distribution List.
• Fifteen (15) copies of the State Clearinghouse submittal package, including NOI/NOA,
State Clearinghouse Summary Form, and CDs that contain the Public Review Draft
IS/MND and Technical Appendices
• Up to twenty (20) copies of the NOI/NOA to the City’s approved distribution list.
• One (1) hardcopy of the Notice of Completion State Clearinghouse Transmittal
• One (1) electronic (MS Word format and pdf) draft and final Mitigation Monitoring and
Reporting Program.
• One (1) electronic (MS Word format and pdf) draft and final Responses to Comments.
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• One (1) electronic (MS Word format and pdf) and five (5) hardcopies of the Final IS/MND
• One (1) electronic (pdf) of the Notice of Determination.
T ASK 10 P ROJECT M ANAGEMENT
This task involves the time necessary for management and administration of the project,
including invoicing and progress reports.
A SSUMPTIONS
This proposal is based on the following assumptions. We propose to prepare the environmental
documents based on the body of statutes, guidelines, and case law that are in affect at the time
the contract is executed. Any significant revision to the project after the agency approves the
project description is considered outside of the scope of this proposal. Any additional work that
is requested by the agency that is outside of the scope of this proposal may require a contract
amendment. Additional meetings not identified in this proposal are outside of the scope, but
can be accommodated on a time and materials basis. We anticipate timely cooperation with the
client, lead agency staff, and other responsible agency staff. At this time, the extent of public
and agency comments that will result from the review process is unknown. We have provided
an hour/budget allocation to prepare responses to comments. Should the level of comments
and responses exceed our budgeted estimate, De Novo will discuss contract amendment with
the City. The scope of work does not assume supplemental technical studies or extensive
additional analysis will be required to provide responses to comments. If the environmental
document receives a legal challenge, De Novo will provide assistance to the legal defense on a
time and materials basis.
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Principal
Project
Manager
Associate
Planner
Assistant
Planner
Managin
g Director
Director/
Biologist
Associate
Biologist
GIS
Analyst
Office
Support/
Clerical
Task
Manager/
Principal
Investigator
Supervisor/
GIS
135 125 100 85 230 160 120 100 60 115 80 Hours Cost
1.0 KICKOFF MEETING AND PROJECT DESCRIPTION
1.1 Project Kickoff Meeting 2 4 $590 $0 $0 6 $590
1.2 Project Description 2 8 2 4 $1,810 $0 $0 16 $1,810
2.0 PREPARATION OF TECHNICAL STUDIES $0
2.1 Biological Technical Report and Tree Study Peer Review 4 2 $790 3 12 13 7 3 $5,050 $0 44 $5,840
2.2 Cultural and Paleontological Resources Letter Report 1 2 $385 $0 13 28 $3,735 44 $4,120
3.0 ADMINISTRATIVE DRAFT INITIAL STUDY $0
3.1 Introduction 1 2 $295 $0 $0 3 $295
3.2 Environmental Evaluation 10 47 18 22 $10,895 0 0 0 0 0 $0 1 8 $755 106 $11,650
3.3 Additional Sections and Exhibits 4 4 8 $1,580 $0 $0 16 $1,580
4.0 PREPARE REVISED SCREENCHECK DRAFT INITIAL STUDY 4 8 4 6 $2,450 $0 $0 22 $2,450
5.0 PREPARE PUBLIC REVIEW DRAFT IS/MND 2 4 2 4 $1,310 $0 $0 12 $1,310
6.0 PREPARE FINAL IS/MND & RESPONSES TO COMMENTS 2 8 2 6 $1,980 $0 $0 18 $1,980
7.0 MEETINGS 20 $2,500 $0 $0 20 $2,500
8.0 NOTICES 4 2 $670 $0 $0 6 $670
9.0 DELIVERABLES/RECORDS SEARCH (printing, certified mail)$1,500 $1,140 $2,640
TOTAL HOURS 35 158 50 84 3 12 13 7 3 15 44 424
PROJECT COSTS $4,725 $19,750 $5,000 $7,140 $38,115 $690 $1,920 $1,560 $700 $180 $5,050 $1,725 $3,520 $6,385 $49,550
TASK
Total Total
DE NOVO PLANNING GROUP ELMT CONSULTING COGSTONE RESOURCE MANAGEMENT
De Novo
Subtotal
ELMT
Subtotal
Cogstone
Subtotal
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Agenda #: 3.5
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: A THREE-YEAR COOPERATION AGREEMENT WITH THE LOS
ANGELES COUNTY DEVELOPMENT AUTHORITY TO PARTICIPATE
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL
YEARS 21/22 THROUGH 23/24 EFFECTIVE JULY 1, 2021.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2020-11 approving the Three-Year Cooperation Agreement to
participate in the Los Angeles County Urban County Community Development Block
Grant Program for Fiscal Years 21/22 through 23/24 effective July 1, 2021.
FINANCIAL IMPACT:
The City receives approximately $200,000 to $230,000 in CDBG Funds annually. All
expenditures associated with the CDBG Program are funded through the City’s annual
CDBG Grant allocation process and approved separately by the City Council.
BACKGROUND:
Diamond Bar has been a participating city in the Los Angeles Urban County Community
Development Block Grant (CDBG) Program since July 1991. The Los Angeles County
Community Development Authority (LACDA) administers the program and allocates
CDBG funds received from HUD to the participating cities. Every three years, the
County requires that participating cities enter into a Cooperation Agreement with the
County. The current agreement will expire June 30, 2021.
The County is requesting that cities approve a new Cooperation Agreement to continue
participation in the next three-year funding cycle. To remain eligible as a participant in
the Urban County CDBG Program for the 2021 -2023 funding cycle commencing July 1,
2021 and ending June 30, 2024, the City is required to approve attached Cooperation
Agreement no later than May 29, 2020.
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The Attached Resolution (Attachment 1) provides the necessary authorization for the
Mayor to sign the Cooperation Agreement, and authorization for the City Manager, or
designee, to sign other documents necessary to administer the CDBG Program. The
Cooperation Agreement is included in Attachment 2.
CDBG projects funded by the City of Diamond Bar include an allocation of 20% toward
public services programs and 80% toward public works projects and housing programs.
projects. Currently, CDBG funding is provided for senior programs, the Home
Improvement Program, and ADA curb ramp improvements.
As a participant in the Los Angeles Urban County CDBG Program, the City retains
control over funding decisions for the use of CDBG funds subject to CDBG Program
regulations. CDBG program administration is currently provided by City staff with the
assistance of a consultant to prepare the annual project descriptions and summaries,
quarterly performance reports, County and federal CDBG reports and documents,
prevailing wage monitoring, and to ensure compliance with Federal requirements and
guidelines.
The County provides staff resources and assistance to the participating cities including
preparation of the Consolidated Five-Year and Annual Plans and Consolidated Annual
Performance Evaluation Report, oversight of the Integrated Disbursement and
Information System (IDIS) and IDIS Reports, support for CDBG/HUD environmental
review and clearances, CDBG program training, and assistance with monitoring and
audits.
Entitlement Communities
CDBG “entitlement communities” are designated as cities in a metropolitan statistical
area, cities with populations of at least 50,000 and qualified urban counties with
populations of at least 200,000. The City of Diamond Bar qualifies as an entitlement
city, and is eligible to apply for CDBG funds directly from the U.S. Department of
Housing and Urban Development (HUD). As an entitlement community, the City would
be responsible for all of the HUD planning, reporting and compliance requirements.
DISCUSSION:
The LACDA has invited the City to continue its participation in the Urban County CDBG
Program for another three-year period. Although eligible to become an entitlement city,
Diamond Bar has thus far opted to remain in the Los Angeles Urban County CD BG
Program during each three-year funding renewal cycle so that it could utilize the
personnel and technical resources provided by the LACDA.
Should the City of Diamond Bar decide to become an entitlement city, the City would be
allowed to use twenty percent (20%) of the CDBG allocation for administration
expenses. However, there would be an increase in reporting requirements and
regulations that the City would be responsible to administer. The entitlement cities
typically hire CDBG staff to administer the day to day activities of the program as well as
consultants to assist with the CDBG planning and reporting requirements. In addition,
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the City would be assigned a HUD Program Manager to monitor the City’s performance
and provide training and technical assistance.
If the City were to become an entitlement city, the annual CDBG allocation could
increase or decrease based on the national CDBG funding pool. HUD determines the
amount of each entitlement grant by a formula using measures of community needs
including the extent of poverty, population, housing overcrowding, age of housing, and
population growth lag in relationship to other metropolitan areas.
Should the City remain in the Urban County CDBG Program, the City would remain
eligible to participate in other programs administered by the LACDA. The City would be
eligible to continue its participation in the County’s HOME Program which includes a
First Time Homebuyer’s Program. Additionally, the City may participate in the Mortgage
Credit Certificate Program. Furthermore, the County often provides additional
assistance to the cities by undertaking County-funded or jointly funded community
development activities within the local jurisdictions. These services are provided at no
additional cost to the City.
It is recommended that the City of Diamond Bar continue its participation with the
County CDBG Program. The City’s annual CDBG allocations have ranged from
$200,000 to $230,000 over the past three years. If the City becomes an entitlement
City, there are no assurances that the annual CDBG allocation would increase
significantly. However, it is certain that there are additional responsibilities and
requirements for an entitlement city which would necessitate an increase in staff time
and costs. In light of these factors, the more fiscally sound option would be for the City
would be to continue participating in the County CDBG Program.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
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1. 3.5.a Resolution No. 2020-11 Participation in the Los Angeles Urban County
CDBG Program
2. 3.5.b LACDA Cooperation Agreement for FY 2021-23
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RESOLUTION NO. 2020-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING THE PARTICIPATION IN THE LOS
ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT (LAUCCDBG) PROGRAM AND THE EXECUTION OF THE 2021-
2023 COOPERATION AGREEMENT BETWEEN THE COUNTY OF LOS
ANGELES AND THE CITY OF DIAMOND BAR
A. RECITALS
1. The City of Diamond Bar has expressed an interest in participating in the
LAUCCDBG Program for another three (3) year cycle commencing July 1,
2021 and ending June 30, 2024.
2. In order to participate in the LAUCDBG, the City of Diamond Bar is required
to enter into a Cooperation Agreement with the County of Los Angeles.
3. The City of Diamond Bar has participated in the LAUCCDBG Program since
1991.
4. Numerous projects and programs that have benefited the community have
been funded through the LAUCCDBG Program, including senior programs
and other public services, public works projects, park improvements, and
the Home Improvement Program.
5. Participation in the LAUCCDBG Program allows the City to control its own
allocation of federal CDBG funds provided that the projects meet federal
CDBG regulations addressing the needs of low- and moderate-income
households and regarding the elimination of slum and blight.
B. RESOLUTION
NOW, THEREFORE, it is hereby found, determined and resolved by the City
Council of the City of Diamond Bar as follows:
1. All of the facts set forth in the Recitals, Part A, of this Resolution are true
and correct.
2. The City Council of the City of Diamond Bar hereby approves the
participation in the LAUCCDBG Program from July 1, 2021 through June
30, 2024.
3. The City Council of the City of Diamond Bar hereby approves the execution
of the Cooperation Agreement between the City of Diamond Bar and the
County of Los Angeles for the time period of July 1, 2021 through June 30,
2024 and self-renewing thereafter.
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Resolution No. 2020-11
2
4. The City Council hereby authorizes the Mayor, or the Mayor’s designee, to
execute any and all documents necessary for participation in the Los
Angeles Urban County CDBG Program on behalf of the City of Diamond
Bar.
PASSED, APPROVED, AND ADOPTED this 5th day of May, 2020.
______________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was duly passed, approved and adopted by the City Council of
the City of Diamond Bar at the regular meeting held on the 5th day of May, 2020, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
______________________________
Kristina Santana, City Clerk
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Agenda #: 3.6
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2020-12 Extending the Declared Local Emergency regarding
Novel Coronavirus (COVID-19).
FINANCIAL IMPACT:
Potentially significant. The continuation of the declared local emergency is necessary to
ensure access to reimbursement for related costs in response to COVID-19. The City
has submitted a Request for Public Assistance with California Office of Emergency
Services (CalOES) to seek reimbursement for all eligible COVID-19 related expenses.
BACKGROUND:
The rapid global spread of Novel Coronavirus (COVID-19) has resulted in
unprecedented actions by Federal, State, County and local agencies, as well as private
individuals and businesses, to help combat the community spread of the virus. On
March 4, 2020, the Los Angeles County Board of Supervisors declared a State of
Emergency and the Los Angeles County Public Health Officials declared a Local Health
Emergency. Since that time, numerous actions have been, and continue to be taken, at
the Federal, State and County levels to implement far reaching measures that include
Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of
businesses, schools, colleges, public facilities, cancellation of large community and
sporting events, and other limitations all aimed at slowing the community spread of the
virus. Conditions continue to change on a daily basis.
At the time the City Council declared a local emergency on March 19, 2020, LA County
Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2
in Diamond Bar), with one death in the County. As of April 27, 2020, there were 20,417
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confirmed cases (including 33 in Diamond Bar) with 942 deaths. Testing capacity
continues to increase as does the number of positive cases and unfortunately deaths
related to COVID-19. However, the efforts instituted by the State and local health
officials have appeared to flatten the curve, which translates to lives saved and ensuring
sufficient hospital bed capacity for those in need of medical treatment.
The Council is being asked to continue the Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic, as is required every 60 days during the existence of
the local emergency. The most recent numbers of confirmed cases and deaths related
to COVID-19 will be provided at the meeting for inclusion in the Resolution. The City
Manager, as the Emergency Services Director for the City, also intends to continue
the activation of the Emergency Operations Center at the lowest level (Level 3) to be
able to provide enhanced communications with LA County Emergency Operations
Center (already activated), and with LA County Sheriff and Fire personnel to monitor
and respond to essential service requests that may be needed throughout the City.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. While significant
closures are in effect, the City has transitioned to online service delivery and recrea tion
programming to better serve the public. However, the following remain in force through
at least May 15, 2020, and are expected to be further extended with guidance and
direction from State and County Public Health Officials:
• City Hall, Diamond Bar Center and Heritage Parking Facilities are closed to the
public. Limited City services are available to be conducted electronically or by
phone.
• City playgrounds, basketball courts, tennis courts, picnic shelters, trails, dog
park, and skate park remained closed to the public.
• All community events have been cancelled or postponed for the foreseeable
future.
• All recreation programs and contract classes have been cancelled or postponed
for the foreseeable future.
• Street sweeping parking enforcement has been suspended thru at least May 15,
2020.
• A majority of City Staff continue to work remotely.
The City continues to encourage our residents and businesses to adhere to the most
recent guidance and health orders issued by our Federal, State, County and local
agencies to help prevent and slow community spread of COVID-19. The City is also
undertaking planning efforts for the eventual lifting or relaxing of the Stay at Home
Order at the State and County levels, and will implement operational procedures to be
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compliant with Public Health Orders.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.6.a Resolution No. 2020-12 Local Emergency (COVID-19) Proclamation
Extension
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RESOLUTION NO. 2020-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, the Emergency Services Act (Government Code sections 8550 et
seq.), and in particular California Government Code sections 8630, et seq. thereof, and
Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council
may proclaim the existence of a local emergency when the City of Diamond Bar is affected
or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the City Manager as the
Director of Emergency Services to proclaim the existence of a local emergency in the City
of Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 117 countries, infecting more
than 126,000 persons and killing more than 4,600 individuals worldwide. As of March 16,
2020, there were 94 cases, including increases in community transmission, in Los
Angeles County, two in the City of Diamond Bar and one death related to COVID-19. Due
to the expanding list of countries with widespread transmission of CO VID-19, increasing
travel alerts and warnings for countries experiencing sustained or uncontrolled community
transmission issued by the Centers for Disease Control and Prevention (“CDC”), the
escalation of United States domestic cases of and deaths from CO VID-19, and the
identification of COVID-19 cases in California, including Los Angeles County, COVID-19
has created conditions that are likely to be beyond the control of local resources and
require the combined forces of other political subdivisions to combat; and
WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of
community transmission of COVID-19 in the United States. On March 4, 2020, the Health
Officer of Los Angeles County determined that there is an imminent and proximate th reat
to the public health from the introduction of COVID-19 in Los Angeles County and
declared a Local Health Emergency and the Los Angeles County Board of Supervisors
concurrently proclaimed the existence of a local emergency for the County of Los
Angeles; and
WHEREAS, on March 4, 2020, Governor Newsom of the State of California
declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19);
and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a global pandemic; and
WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued
Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among
other things, required residents of California to follow orders and guidance of local public
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Resolution No. 2020-12
health officials, including following social distancing requirements and suspended certain
provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold
meetings via teleconferencing; and
WHEREAS, on March 13, 2020, the President of the United States declared a
National Emergency due to the continue spread and the effects of COVID -19; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20 mandating that residents stay at home while carving out exceptions for workers in
specified federal critical infrastructure sectors; and
WHEREAS, the State of California and numerous other public and private
organizations have announced the cancellation or postponement of all events where
social distancing cannot be reasonably achieved; and
WHEREAS, the City's ability to mobilize local resources, coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and seek future
reimbursement by the State and Federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the Diamond Bar City Council adopted Resolution 2020-04 on March
19, 2020, proclamation the existence of a local emergency in response to the COVID -19
public health emergency; and
WHEREAS, the Los Angeles County Public Health Officer extended and
supplemented the County’s health order through May 15, 2020; and
WHEREAS, the Diamond Bar City Council must review the local emergency at
least once every 60 days to determine the need for continuing the local emergency until
its termination by the Diamond Bar City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by
Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the
City Council proclaims that as defined in Government Code section 8558 and Section
8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist
throughout the City of Diamond Bar, which proclamation is based on the following findings
by the City Council:
1. That the above recitals are true and correct and based thereon, hereby finds
that the spread and potential further spread of COVID -19 constitutes a
situation that severely impairs the public health and safety, and constitutes
conditions of extreme peril to the safety of perso ns and property within the
City of Diamond Bar;
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Resolution No. 2020-12
2. That these conditions are likely to be beyond the control of the services,
personnel, equipment, and facilities of the City of Diamond Bar; and
3. That the conditions of extreme peril warrant and necessitate the extension of
the proclamation of the existence of a local emergency.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the
threatened existence and actual existence of the local emergency, the powers, functions
and duties of the Director of Emergency Services and the emergency organization of the
City shall be those prescribed by state law, by ordinances and resolutions of the City and
approved by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are
paid in a timely manner, the City Manager and the City Treasurer or their designees are
authorized and directed to approve the claims and demands, make payments thereon,
and finally to bring those claims and demands to the City Council at future meetings for
ratification of the payments made.
IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize,
to the extent reasonably feasible and appropriate, the ability to conduct its council
meetings via teleconferencing and other electronic means to permit council members and
members of the public to implement recommended social distancing while still proceeding
with the efficient handling of the City’s business, in compliance with California Executive
Orders N-25-20 and N-33-20, and such other orders issued by the Governor of the State
of California and President of the United States..
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation
be forwarded to the Director of California Governor’s Office of Emergency Services
requesting that the Director find it acceptable in accordance with State law that the
Governor of California, pursuant to the Emergency Services Act, issue a proclamation
declaring an emergency in the City of Diamond Bar; that the Governor waive regulations
that may hinder response and recovery efforts; that response and recovery assistance be
made available under the California Disaster Assistance Act and the Stafford Act; and
that the State expedite access to State and Federal resources and any other appropriate
federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local
emergency shall be reviewed at least once every 60 days until its termination is
proclaimed by the City Council of the City of Diamond Bar, State of California.
PASSED, APPROVED AND ADOPTED this 5th day of May, 2020.
_____________________________
Steve Tye, Mayor
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Resolution No. 2020-12
APPROVED AS TO FORM:
_____________________________
David DeBerry, City Attorney
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution, Resolution No. 2020-12, was duly passed, approved and adopted by
the City Council of the City of Diamond Bar at a regular meeting held on the 5th day of May,
2020, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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Agenda #: 3.7
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR CANYON LOOP TRAIL ENVIRONMENTAL
STUDY AND CEQA DOCUMENTS
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve and authorize the Mayor to sign the Consulting Services Agreement with
Michael Baker International to prepare environmental studies and CEQA documents for
the Canyon Loop Trail project for a not to exceed total of $90,436.
FINANCIAL IMPACT:
City Council awarded Richard Fisher Associates a professional services agreement for
the conceptual design on July 16, 2019 in the amount of $68,691. The project
construction is funded by several sources, such as Park Development Fund, Measure
W, Habitat Conservative Grant, and Measure A in an amount of $485,000. Funding is
available from project savings in the Capital Improvement Program to cover the cost of
the contract services. The proposed Consulting Services Agreement authorizes the
Consultant to submit invoices to the City for a not-to-exceed amount of $90,436.
BACKGROUND:
The City Council has appropriated funding through a variety of sources to improve the
existing 1.29-mile Canyon Loop hardpan trail. The intent of the Capital Improvement
Project is primarily to realign the trail, improve drainage to minimize erosion of the trail,
enhance the use of the trail where the gradients are steep, re -grade cross slopes, and
consider amenities such as directional and interpretive signage, rest areas with
benches, small shade shelters, climbing steps with cobblestone swale channelization,
and water diverting improvements where necessary. Such trail improvements will
reward hikers and visitors with 360-degree views of open space.
The Canyon Loop trail is located in an area containing critical habitat for the federally
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protected coastal California gnatcatcher, as well as supporting habitat for the coastal
cactus wren, a California State Species of Special Concern. Moreover, the occurrence
of these bird species has been documented within the immediate vicinity of the project
area. As such, the proposed trail improvements are subject to the California
Environmental Quality Act (CEQA). The City of Diamond Bar rece ived proposals from
environmental consulting firms to prepare the appropriate CEQA document to assess
the potential environmental impacts associated with proposed improvements to a 1.29
linear mile established pedestrian trail, and to identify appropriate mitigation measures
to avoid or reduce those impacts to less-than-significant levels. The requested scope
included the preparation of a biological resource assessment report, as well as
attendance at public meetings and hearings.
On July 16, 2019 City Council awarded a contract with landscape architect Richard
Fisher Associates (RFA) for the conceptual design of such improvements. At the
October 15, 2019, City Council Study Session RFA provided the City with a conceptual
design (Exhibit B and C) which includes trail re-alignment, steps, retaining walls, and
small shade shelters with benches primarily on the southern portion of the trail loop.
City Council was supportive of this conceptual design which initiated the environmental
review process and CEQA review which is the next step in the process.
The City of Diamond Bar received proposals from environmental consulting firms to
prepare the appropriate CEQA document to assess the potential environmental impacts
associated with proposed improvements to a 1.29 linear mile established pedestrian
trail, and to identify appropriate mitigation measures to avoid or reduce those impacts to
less-than-significant levels. The requested scope included the preparation of a
biological resource assessment report, as well as attendance at public meetings and
hearings.
The commencement of the environmental review in mid-May is crucial in order to
complete protocol surveys of native species by the June 30, 2020 U.S. Fish and Wildlife
deadline. In addition, further delays will jeopardize the $267,000 Habitat Conservation
Grant if the environmental review is not completed by the fall of 2020 , therefore
impacting General Fund resources in order to complete the project .
CONSULTANT SELECTION PROCESS:
On January 29, 2020, the City published a detailed RFP through PlanetBids, inviting
planning and environmental consulting firms to submit proposals to prepare the
environmental studies and CEQA documents for the Canyon Loop Trail project. By the
March 5, 2020 deadline, the City received 14 proposals with total costs ranging from
$28,300 to $135,679. After a thorough review in order to measure comparable elements
of each proposal, City staff then interviewed the top five firms listed below:
1. Michael Baker International $90,436
2. PSOMAS $82,115
3. Placeworks $81,281
4. CASC $63,296
5. Jericho Systems $41,140
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Based on the proposal, interviews, experience, and references, staff recommends that
the City enter into a Consulting Services Agreement with Michael Baker Internationa l
(MBI) based on the factors outlined below:
Quality of Proposal – MBI’s proposal closely aligned with the goals of this project,
including their approach, accurate understanding of the project, and long -term resource
management plan. MBI’s proposal was thorough and provided a detailed analysis in
order to meet the RFP.
Cost – The MBI cost of $90,436 includes Native American consultation pursuant to AB
52, breeding season surveys for the gnatcatcher in accordance with federal protocols,
breeding season surveys for the cactus wren, technical studies, preparation of the Initial
Study/Mitigated Negative Declaration, Notice of Intent, Mitigation Monitoring and
Reporting Program, and Notice of Determination, Resource Management Plan,
community outreach, staff meetings, and City Council meetings.
Scope of Work – The scope of work includes all work efforts related to the analysis,
preparation, consultation and related compliance with CEQA. This will include the
preparation of an initial study and mitigated negative declaration with necessary
technical studies, on-call consulting on an as needed basis, and attendance at public
hearings. The scope includes proactive communication, concurrent baseline surveys,
and a legally-defensible environmental document for future use.
Firm Credentials – MBI has extensive experience with trails, and the designated
project team has worked together for 20 years, while the firm has over 40 years of
preparing environmental and regulatory documentation. MBI is a full service , multi-
disciplinary consulting firm all under one roof. MBI has in -house technical specialists
and has successfully completed thousands of assessments, studies, and reports. All
references from other local municipalities and counties completing similar studies have
provided extremely positive reviews and support from MBI.
Project Manager – Richard Beck will serve as the Principal-in-Charge, and Alan
Ashimine will serve as the Project Manager/Senior Environmental Lead. They have
worked together for 20 years and completed over 20 trail/transportation projects
throughout California.
Based on staff’s evaluation of the submitted proposals, it is recommended that the City
Council authorize the Mayor to execute the proposed contract with MBI to prepare
environmental studies and CEQA documents for the Canyon Loop Trail project for a not
to exceed total of $90,436.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.7.a Exhibit A-MBI Proposal
2. 3.7.b Exhibit B- Canyon Loop Trail Conceptual Plan
3. 3.7.c Exhibit C-Canyon Loop Trail Aerial Map
4. 3.7.d MBI Contract 4.30.20
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INTERNATIONAL
April 21, 2020
City of Diamond Bar
Attention: Ryan Wright, Parks and Recreation Director
21810 Copley Drive I Diamond Bar, CA 91765
We Make aDifference
Subject: Proposal for Preparing CEQA Documents for the Canyon loop Trail Improvement Project
Dear Ryan,
Michael Baker International (Michael Baker) presents a motivated team that is uniquely familiar with
trail improvements, natural landscapes and more specifically, the project location. This is our kind of
project! The Michael Baker team is pleased to submit this proposal to the City of Diamond Bar to
prepare environmental studies for much needed trail improvements. Serving as an extension of City
staff, our approach and scope includes proactive communication with stakeholders, concurrent
baseline surveys and a legally-defensible environmental documents for future use.
Based upon our review of available project information and discussions with City staff, we have
developed a greater understanding of the issues involved with the project. Challenges include
adjoining native habitats, stakeholder education and engagement, and the goal to achieve proper
compliance with the California Environmental Quality Act (CEQA). In summary, Michael Baker offeTs
the following benefits for your consideration:
• Project Team Commitment and Availability: The designated Team will be led by Mr. Richard Beck,
serving as Principal-in-Charge and Mr. Alan Ashimine, serving as Project Manager/Senior
Environmental Lead. Mr. Beck and Mr. Ashimine have worked together for 20 years and have
successfully partnered to complete over 20 trail/transportation projects in jurisdictions throughout
California. This provides the City a continuity of services and a project leadership team with
excellent communication and trust. Mr. Beck and Mr. Ashimine, along with the rest of our project
team, are available to initiate the work immediately and will remain dedicated to the project during
the entire process. Resumes for each team member are included in this submittal.
• Knowledge and Background with Trail Projects: We are experts with trail projects-this includes
the creation of new trails, widening or abandonment of existing trails, and the inclusion of
associated trail facilities such restorations, stairs, parking, benches, signage/kiosks and educational
areas. For the highest success, we also encourage our clients to think past initial trail
improvements and focus on long-term maintenance and adaptive management. Value-added
documents to the City may include a Resource Management Plan, which would include operations
and maintenance and natural lands management. This often leads to great buy-in from
stakeholders, especially from adjacent HOA's, residents and trail user groups.
MBAKERINTL.COM
1
5 Hutton Centre Drive, Suite 500 1 Santa Ana, CA 92707
Office: 949.472.3505 1 Fax: 949.472.8373
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Mr. Ryan Wright
April21, 2020
Page 2
We Make a Difference
• Legally Defensible Documentation: Preparation of legally defensible documents is imperative in
today's environment. Throughout Michael Baker's 40+ years of preparing environmental and
regulatory documentation, we have attained extensive experience in writing accurate, legally
defensible environmental documents for all types of challenging and controversial projects.
Utilizing our multi-disciplinary approach and deep bench of resources, Michael Baker has proven
capabilities to effectively complete the environmental documentation on time and on budget. We
appreciate your consideration of Michael Baker and are available to begin the Work Program
immediately. The undersigned is an agent authorized to submit proposals on behalf of Michael Baker
and is authorized to bind Michael Baker contractually. In addition, there are no known conflicts of
interest in providing services to the City on this project or conflicts with the sample agreement
contained in the RFP.
Michael Baker has read and acknowledges the following addendum:
• Canyon Loop Trail Improvement Project Addendum No.1, Post Date-February 12, 2020, was
acknowledged by Michael Baker via Planet Bids
We trust our submittal demonstrates our team's experience, expertise, and ability to provide a high
level of environmental services in support of the City's trail project. If you have any questions, please
contact me at 949-855-3687, RBECK@mbakerintl.com.
Sincerely,
Richard Beck, PWS, CEP, CPESC, CERP
Vice President
2
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Approach and Understanding of Project
UNDERSTANDING OF THE PROJECT
Michael Baker understands that the City seeks to perform trail modifications, including enhancements such as shade
canopies and benches, for the community to enjoy. While the trail is existing and part of a greater network, the City
seeks to widen the trail for better access and safety. While the trail is to be widened, no chance in usage is proposed.
For example, once the trail is widened, vehicles such as cars/trucks will still be restricted. Overall, the widening of the
trail is minimal. The trail is generally in a natural state (not concrete) and is situated in sensitive habitat areas.
Habitats are largely inland upland habitats, but contain sage species and habitats for key bird species. The City seeks
to minimize impacts to the adjacent habitat where possible while completing project objectives. Michael Baker
understands there is some flexibility with the improvements and the potential to avoid "hot spot" areas if needed. We
also look forward to working with City staff on such strategies-this can be a simply meeting where we share baseline
mapping information while comparing it to the architect's design.
No matter the changes, the Michael Baker team aims to provide environmental clearance/coverage through
appropriate baseline surveys and documentation under the California Environmental Quality Act (CEQA). We will work
with the City to provide a detailed project description, the foundation of the CEQA process.
The Michael Baker team has review past studies, stakeholder comments and concerns-this eliminates the learning
curve and allows us to start drafting documents immediately. Our goal is to incorporate concerns early on and then
address the concerns through the baseline studies, project description and ultimately, the CEQA document. We
address comments and concerns objectively, through good science and pursuant to CEQA. This approach provides
strengthens the City's project, objectives and ·approvals.
As noted in prior communication, we also highly encourage the City to include long-term maintenance within the
project description-this will provide "cover" to the City for future maintenance episodes. Our team has included long-
term maintenance on virtually all of our trail projects. This increases stakeholder buy-in and also reduces CEQA fears
in the future.
APPROACH TO ENVIRONMENTAL DOCUMENTATION SERVICES
We strive to be technically accurate, objective and creative in developing consensus on project issues. A thorough
understanding of the CEQA/NEPA methodologies, case law history and state and federal regulations, allows Michael
Baker to quickly assess the needs of any document ranging from simple exemptions for routine maintenance to large
complex environmental impact reports and environmental impact statements. No matter how complex the analysis,
the basic requirements of a thorough study should remain relatively the same. The following flow chart shows a basic
environmental documentation scope and approach which will be discussed in more detail.
The following environmental approach allows us to adequately assess all potentiaTimpact areas of the proposed
project. The Michael Baker Team's familiarity with the region, coupled with environmental review experience for
projects similar in nature, are assets that we will offer to the County in order to complete the environmental
documentation for projects. Our detailed project-specific scope of work is provided later in this proposal.
PROJECT INITIATION AND MANAGEMENT
The Michael Baker Team Project Manager and Task Managers will evaluate the environmental impacts represented by
the proposed projects in conformance with the requirements of both CEQA and NEPA. We understand that NEPA is
not triggered for this project and is therefore excluded.
INTERNI!.TIONI!.l 3
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The intent of both NEPA and CEQA is to evaluate and disclose the proposed project's potential environmental impacts
on the human environment. These documents are meant to inform the public, public agencies and other decision
makers about the possible environmental impacts associated with implementation of a project. Decision makers will
use the environmental document to make informed decisions on whether or not to approve a particular project with
the knowledge of the likely environmental impacts associated with that project.
A. Project Seeping and Research/Investigation
• Kick-Off Meeting/Scope Refinement
• Field Review and Reconnaissance
• Research and Investigation
• Agency Consultation
B. Meetings, Management, and Coordination
• Project Meetings and Coordination
• Public Meetings and Hearings
INITIAl STUDY/MITIGATED NEGATIVE DEClARATION
The Michael Baker Team will prepare an Initial Study (IS) with appropriate findings in accordance with CEQA (Public
Resources Code Section 21000-21178.1). The IS will include the following elements:
A. Initial Study/Mitigated Negative Declaration
• Preparation of Administrative Draft 15/MND
• Preparation of Draft 15/MND
• Finalization of the 15/MND
B. Preparation of Technical Studies
The following technical studies will be prepared as need or required as part of the 15/MND:
• Air Quality
• Energy
• Greenhouse Gases
• Noise
• Cultural Resources
• Paleontological Resources
• Biology
CONTROl Of COSTS AND SCHEDUlES
Michael Baker's project control system follows a pre-established format. It is an Internet-based Oracle database
system that combines financial monitoring with an assessment of progress, [client] satisfaction and technical
performance. The control system requires that program managers regularly update, assess and report on their
projects.
Our Oracle system provides a clear and concise invoice to each client. Michael Baker has a standard invoicing checklist
that the Project Manager will follow to ensure each step in the invoicing process is reviewed and billed appropriately.
The Michael Baker Project Manager is required to send invoices to clients on a monthly basis unless the contract
dictates otherwise, or minimal costs have been incurred for the month.
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iNTERNATIONAl. 4
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PROJECT PLANNING, ORGANIZATION, AND QUAliTY CONTROl
We understand our role as a service organization and the fact that good communication will result in a successful
project. Specific ways we will facilitate communication are:
• Meeting Minutes: Michael Baker has implemented a process of recording formal meeting minutes for all projects,
especially those that involve other consu It ants or agencies.
• Weekly Scheduling Reports: Michael Baker has developed and implemented a process of weekly scheduling for all
active projects and task orders. These reports are sent to the Project Managers and indicate tasks performed in
the current week, planned activities for the following week and budget information.
• Filing: Michael Baker maintains an extensive filling system for each of our contracts. All incoming and outgoing
correspondence is logged for ease of document retrieval. All deliverables are copied to disk and stored in the files
along with a submitted original copy in word processing and portable document formats.
QUAl TITY CONTROl/QUAliTY ASSURANCE
The Michael Baker Team will operate under a Quality Management system of which a specific Quality Control Plan is
only a part of the overall system. The Quality Management program is a continuous process used not just at project
milestones but also on a daily basis as work flows from desk to desk, discipline to discipline, and consultant to client.
Our standalone Quality Management system is specific to the environmental and regulatory disciplines. The program
consists of the following key elements:
• Task Manager Supported by Permanent Teams: Michael Baker assigns staff to Discipline Leaders on a permanent
basis rather than on a project-by-project basis. This is a crucial first step in delivering a high quality project, as
quality truly suffers when a project does not maintain staff and leadership continuity. Michael Baker has an
outstanding record of maintaining Team leaders and expert staff throughout our projects.
• Discipline Scope of Work/Responsibilities: This component of our QA / QC program ensures "buy-in" from Michael
Baker's Discipline Leaders on the scope of work, project responsibilities, schedule and budget. Discipline Leaders
are involved throughout the development of the scope of work, schedule and budget during the proposal process.
Internal kick-off meetings are then held to review scope, schedule and budget to ensure that the project gets
started on the right path. This process improves accountability for each leader and reinforces the detailed
elements of the scope of work that must be adhered to in order to maintain a high quality project approach. A
Project Management Plan (PMP) is provided at this time.
• Standards Establishment: Critical to the success of any project is developing a clear understanding of formats,
guidelines and standards up-front that will be used for the project. Michael Baker and our key Discipline Leaders
--have along nisfory ofpelforming similar work, thus our-team is intimatelyramiiTar with-all aspects of the project
development process including state and federal guidelines with environmental compliance.
• "Over the Shoulder" Reviews: Michael Baker's project development process is a dynamic, interactive process
between the Project Manager, Discipline Leaders, and environmental staff. Regular "over the shoulder" reviews
occur throughout the work effort through internal discussions at various points during document preparation. This
approach maintains discipline leadership involvement throughout process and avoids misdirection and re-
formatting efforts.
INTERN AT I 0 N.·Al 5
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• In-House Project Team Meetings/Coordination: The Task Manager will hold regular in-house project team
meetings with environmental, regulatory and engineering Discipline Leaders to coordinate project interface issues
and ensure that a "cause and effect" analysis of decisions that involve multiple design disciplines is completed. In
addition, these meetings are utilized to discuss staffing needs and project schedule and budget status. These in-
house meetings serve as a forum for regular communication within the entire Michael Baker Consultant Team that
fosters development of a cohesive teamwork environment and builds accountability within the Project Team.
• Project Communication/Documentation: One critical element for a quality project is to carefully document project
decisions and direction, and the general project development history. Preparation of clear, concise letters, phone
logs, meeting minutes and action item resolutions avoid costly re-direction during document preparation that
could also have an impact on the project schedule. In addition, Michael Baker prepares detailed "Response to
Comment" letters for all Agency milestones submittal review comments that show both the comment itself and a
complete response to each comment.
• Milestone Submittal Reviews: All submittals to the County will meet the project schedule agreed to with the
County and will comply with the standards and procedures established by the County and other approving
agencies. Each deliverable item will be developed, checked, revised, and verified through a continuous process
prior to submittal. The Task Manager and Discipline Leaders, and the assigned Quality Control reviewer, will
perform a comple'e quality control review of the Draft and Final_document at each milestone. Documents may
include environmental reports, monitoring reports, regulatory applications, surveys, etc. Example milestones may
included the submittal of a technical study, CEQA and/or administrative draft, permit applications, etc.
• Quality Assurance: The Quality Assurance Manager will be responsible for providing an on-going review (quality
assurance audit) that the Quality Management system is fully implemented throughout the design process. The
overall process leads to legally-defensible environmental documentation and more "complete" regulatory
applications.
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Qualifications
Consultant Firm Qualifications
Founded in 1940 and celebrating 80 years of supporting our local communities, Michael Baker is a leader in
environmental, planning, engineering, consulting, and technical/professional services with a local focus and global
expertise. Michael Baker has a staff of more than 3,000 professionals with in-house expertise in disciplines that include
Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real Estate Assessments,
Transportation/Traffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater, Hydrology),
Mechanical/Electrical/Energy Services, CADD, and Media Services.
Experienced and Dedicated Team
We have brought together an exceptionally qualified team ready to deliver quality services, including key professionals
from within our firm who have worked side by side for more than 20 years. Our dedicated staff is well-positioned to
assist with environmental documents for the Canyon Loop Trail and Sandstone Canyon Trail Improvement projects in
the City of Diamond Bar.
Environmental Services
As a leader in the environmental consulting field,
Michael Baker offers an extensive array of services
associated with environmental compliance and
documentation. Michael Baker provides evaluation
for the full range of environmental effects for all
types of projects, including CEQA and NEPA
documentation, air quality and health risk
assessments, greenhouse gas analyses, noise studies,
regulatory agency permitting, biological resources,
visual assessments and photo simulations, traffic
studies, drainage/water quality assessments,
community/socioeconomic analyses, and biological
mitigation/monitoring. Our environmental
compliance managers have a broad resume of
BIOLOGKAl
lltsoUIICES
CEOA /
GREENHOUSE
GAS POPUlATION
DOCUMENTS
AlRQUAlfTY HAZMAf
TRIP
RHJI)(TlON
project _eXJJerience _in moun!ain, coastal,_ urba_nL <m<:J rural communities (lnd have worked on numer()US complex
projects requiring technical expertise, creative solutions, and development of effective and workable mitigation. We
can confidently say that our environmental expertise makes us primed to assist with any requests needed by the City.
Environmental documents prepared by Michael Baker address the full range of environmental and technical issues,
with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage, air
quality, climate change, noise, land use, socioeconomics, utilities and services, energy conservation, visual and
aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, landform
modification, agricultural suitability and many other environmental issue areas. Michael Baker draws upon the
profession's leading subconsultants for specialized cultural and geotechnical studies to build a multi-disciplinary team
of environmental analysts.
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Uniquely Relevant Characteristics
As a full-service, multi-disciplinary consulting firm,
Michael Baker possesses many services that make
it uniquely qualified to provide environmental
services to the City. Several key advantages that
set the Michael Baker team apart from its
competitors are described below.
2,004
Full Service CEQA/NEPA Support Capabilities: Michael Baker possesses a full range of CEQA/NEPA support services
ready for the City's trail projects. All under a single roof, Michael Baker is capable of preparing technical studies, peer
reviews, regulatory permitting, and can provide engineering/planning assistance, if necessary, to support any Negative
Declaration, Mitigated Negative Declaration, or Environmental Impact Report.
Ability to React Quickly: We have assembled an exceptional team of professionals. Not only can the Michael Baker
team provide defensible, technically-accurate CEQA documentation, but we can also mobilize quickly and cost-
efficiently for the following reasons: 1) Michael Baker possesses a diverse team of in-house technical specialists; and
2) we have provided environmental services to California clients for 40 years, giving us a unique understanding of the
project area and a proven track record for successful completion ofthe environmental clearance process.
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Proven Program Management Approach: The Michael Baker team's management approach is described in the
Approach, Scope of Work & Schedule Section has been proven on past projects to be effective in meeting or exceeding
the client's goals for completing environmental documents on or ahead of schedule and within or below budget. Our
experience in expediting regulatory permits and coordinating environmental reviews gives us a solid foundation for
delivering services within the expectations of the City.
Main Points of Contact
Alan Ashimine I Project Manager/
Senior Environmental lead
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949-855-5710
aashimine@mbakerintl.com
Richard Beck, PWS, CEP, CPESC, CERP I
Principal-in-Charge
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
949-855-3687
rbeck@mbakerintl.com
INTERNATIONAl
Key Personnel-resumes provided
• Richard Beck, PWS, CEP, CPESC, CERP I Principal-in-Charge
Alan Ashimine is able to cover in his absence.
• Alan Ashimine I Project Manager/Senior Environmental lead
Alan Ashimine is the Project Manager and is able to cover all
staff members on the Michael Baker team as identified below.
Richard Beck is able to cover in his absence.
• Tom Millington I Senior Biologist
• Ryan Winkelman, CSE I Biologist
• Danielle Regimbal I Environmental Specialist
• Pierre Glaize I Air Quality and Climate Change Specialist
• Frances Yau, AICP I Environmental Analyst
• Alicia Gonzalez I Environmental Analyst
• Jessica Ditto I Environmental Analyst
• Brad Losey, PE I Hydrology/Water Quality
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Subconsultant
We have again hand-picked our cultural/tribal/paleontology partner-Cogstone Resource Management Inc. (Cogstone)
is a California corporation and DBE/SBE/WBE that specializes in paleontology, archaeology, and history. Established in
2001, the firm maintains its headquarters in Orange, California with additional offices in Riverside, San Diego,
Sacramento, Morro Bay, and Arizona. Cogstone has provided quality environmental services to assist clients in meeting
project compliance requirements for federal, state, and local regulations, including the California Environmental
Quality Act (CEQA), the National Environmental Policy Act (NEPA), Section 106 ofthe National Historic Preservation Act
(NHPA), and the Native American Graves Protection and Repatriation Act (NAGPRA), among others.
Cogstone recognizes the importance of producing thorough and defensible work products that stand up to both
industry review and legal challenge. This includes every facet of the cultural resources management process, from
initial review and client consultations through implementation of mitigation programs during construction to reporting
and public outreach. Cogstone holds statewide BLM cultural permits and the qualifications of our staff are well-
recognized. We offer our clients a highly skilled team of in-house scientists and field personnel; a management staff of
experienced leaders; and laboratory facilities needed for effective scientific investigation. We deliver timely, thorough,
and cost-effective solutions. Cogstone's permanent staff is comprised of professionals with over 22 years of experience
in cultural resources management. Our key personnel meet or exceed the qualifications required by the Secretary of
the Interior's Standards and Guidelines for Archaeology and Historic Preservation and are Registered Professional
Archaeologists (RPAs).
Cogstone has managed thousands of projects and has completed technical reports, significance evaluations, planning
documents, mitigation plans, mitigation monitoring, testing and data recovery on archaeological and architectural
resources for small and large-scale public works projects involving improvements and new construction for parks, trails
and paths, roads, freeways, interchanges, bridges, oil, gas, and water pipelines, reservoirs, pump stations, flood
control, storm drains, water quality, water banking, groundwater storage, utility relocations, intakes, and countless
other infrastructural facilities.
Organized as a dynamic small business, we recognize the key benefits that we are able to bring to our clients. With
offices throughout the state, Cogstone has resources readily available to handle the complexity of your project.
Cogstone can serve clients more directly, with greater flexibility and we are known for our ability to quickly respond to
changes as we understand that unforeseen project issues may arise and warrant prompt decision-making. Coupled
with a strong on-the-ground team and in-office management support team, Cogstone offers valuable professionalism.
The deep passion for our trade shows in the high quality our work and we strive to develop stronger business
relationships with new and existing clients by providing nothing less than excellence.
Main Point of Contact
Molly Valasik I Task Manager
1518 W. Taft Avenue
Orange, CA 92865
(714) 974-8300 d 1 {419) 344-3622 c
mvalasik@cogstone.com
lt!S@I:!@J
I N T.E R N ll T I 0 N ,JU.
Key Personnel-resumes provided
• Molly Valasik, MA, RPA I Task Manager
John Gust is able to cover in her absence.
• John Gust, Ph.D., RPA I Principal Investigator for Archaeology
Kimberly Scott and John Harris are able to cover in his absence.
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Project
The following are brief resumes for the key staff who would be responsible for preparing the environmental
documentation. Michael Baker is the lead firm for this work program and will provide services from our Santa Ana
office. The project organization chart is as follows:
~11--~ DIAMOND. BAR
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INTE!!KATIOH.A.t 11
Cnnstru<tion
Management/lnspedion
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Mr. Beck has extensive experience in the regulatory and environmental disciplines.
He successfully leads federal, state, local, and private-sector clients through the Clean
Water Act, California Porter-Cologne Act, California Fish and Game Code, Endangered
Species Act, and the California Coastal Act. Mr. Beck, a Professional Wetland Scientist,
has conducted hundreds of jurisdictional delineations throughout the southwest. Mr.
Beck proactively leads delineation field crews and regulatory specialists that
effectively draft, coordinate, and process regulatory agency applications. Utilizing his
accurate jurisdictional mapping, Mr. Beck effectively drafts and negotiates state and
federal regulatory applications for all types of projects. Overall, Mr. Beck's years of
significant regulatory coordination has led to trusted relationships with regulatory
staff at all levels.
Mr. Beck excels in the restoration of riparian ecosystems, both as standalone projects
and mitigation for jurisdictional impacts. Mr. Beck has prepared a variety of
successful restoration and monitoring plans for projects throughout California. As
President of the Western Chapter (CA, NV, AZ, HI), Mr. Beck is actively involved with
the Society of Wetland Scientists. Mr. Beck has served on the Chapter's Executive/
Special Topics Committee Member as well as the Editorial Board for the Society's
International Wetland Practice Magazine. In 2008, Mr. Beck co-authored Michael
Baker's Watershed Management: Integrating People, Land and Water, a resource
manual to the watershed approach.
As a key component to the above processes, Mr. Beck also prepares environmental
documents with respect to the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA).
PROJECT EXPERIENCE
Peters Canyon Regional Park -Regulatory Services, Orange County, California.
Orange County. Project Manager. Responsible for project management. Michael
Baker provided regulatory services for improvements to Peters Canyon Regional Park.
Michael Baker's services included identification of channel and trail improvements to
alleviate sediment issues, delineation of jurisdictional waters, development of site
plans, and preparation of regulatory agency applications for the proposed
improvements. Michael Baker held public engagement meetings with nearby
residents and prepared a Resource Management Plan for OC Parks to utilize once trail
improvements were complete.
Aliso Creek Bike Trail Repair, Laguna Hills, California. Orange County. Project
Manager. Responsible for project management. Michael Baker performed the delineation of jurisdictional waters and
a biological habitat assessment and acquired state and regional permits for the Aliso Creek Bike Trail Repair Project to
replace a low-water bridge over the creek. Michael Baker's services included oversight during construction to ensure
that emergency pipe repairs did not encroach into the creek.
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River's End Staging Area and San Gabriel River Bikeway (Rivers and Mountains Conservancy Grant Project), Seal
Beach, California. City of Seal Beach. Environmental Permit Coordinator. Responsible for environmental
permitting. Michael Baker developed specific improvements along the San Gabriel River Trail and Bikeway staging
area. This project has improved the San Gabriel River Trail as it makes its way to the beach and allows for improved
access and passive recreational activities on the trail and at the staging and parking area. The improvements for the
trail and staging area plan included the introduction of native vegetation, educational signage and interpretive kiosks,
benches, low beach walls, and a redesign of the parking lot. Michael Baker prepared a conceptual plan, construction
documentation, environmental clearance and permitting, and cost estimates, and provided community outreach.
Michael Baker prepared a grant application to receive additional funding for construction of the project.
Mathis Trail Mitigation Site, Aliso Viejo, California. Orange County. Project Manager. Responsible for project
management. Michael Baker provided professional services for the Mathis Trail Mitigation Site located in the sensitive
Aliso and Woods Canyon Wilderness Park. The mitigation site consists of created riparian scrub habitat in an area
previously occupied by non-native grassland. The site was a requirement to mitigate for impacts associated with
County Park's Mathis Service Road/Trail Repair Project. Michael Baker prepared construction drawings for the
mitigation site and designed a native plant palette appropriate for the habitat type. Michael Baker prepared the
riparian restoration and enhancement plan for the site and conducted five-year monitoring and reporting. Monitoring
included qualitative assessments throughout the year, along with qualitative assessments in the spring. This project
included significant public and stakeholder engagement, which helped increase buy-in.
Tustin Branch Bike Trail Regulatory Services, Orange, California. City of Orange. Project Manager. Responsible for
project management. Michael Baker provided regulatory services for the Tustin Branch bike trail project. Michael
Baker's services included delineation of jurisdictional waters to identify state and federal jurisdictional boundaries
associated with Santiago Creek and associated minor tributaries. The delineation established the jurisdictional baseline
so further planning and environmental studies could be conducted.
Santiago Creek Bicycle Trail Regulatory Services, Orange, California. City of Orange. Project Manager. Responsible
for project management. Michael Baker performed the delineation of jurisdictional waters for the construction of the
Santiago Creek Bicycle Trail. Michael Baker identified state and federal jurisdictional waters on-site, prepared an
impact analysis, and provided a permit recommendation to better define the future regulatory process, and obtained
all regulatory permits. Michael Baker also processed permits for the restoration of Santiago Creek.
Riley Park/Wagon Wheel Canyon Regulatory and Biological Services, Orange County, California. Orange
-6gunty. f!roj@Gt-Manager:~Re-sponsible for: project-maf\agement. -Michael Baker-~dentifietl-and analyzed the impatts-ef----
erosion on upland and riparian plant species in Riley-Park/Wagon Wheel Canyon. The area is losing much-oak
woodland and upland habitat as a result of significant erosion. The park's drainage is tributary to Trabuco Creek, near
the 2C Ranch/Trabuco Creek Site. Michael Baker photo-documented existing conditions, mapped on-site resources,
and prepared a restoration report. The report included recommended measures to lessen erosion impacts. OC Parks
enacted immediate measures and completed park-wide restoration activities to respond to the 2010-2011 rainy
season. Michael Baker continues to provide OC Parks with on-call environmental, regulatory, and biological services.
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Mr. Ashimine manages the Environmental Sciences Department in Michael Baker's
Santa Ana office. Mr. Ashimine's primary responsibilities include oversight of the
department's daily operations, management of projects, staff mentoring and
instruction, and scheduling and business development. Mr. Ashimine's 20 years of
experience has focused on preparation of environmental and planning studies for
public and private sector clients under the California Environmental Quality Act
(CEQA) and National Environmental Policy Act (NEPA). He has extensive experience in
the research, analysis, and writing of environmental documentation for a variety of
projects involving infrastructure, redevelopment, residential, and industrial uses. Mr.
Ashimine uses his experience to manage and author environmental documentation,
often incorporating the results of complex technical documentation to substantiate conclusions within the document.
Mr. Ashimine has also successfully prepared environmental documentation for a range of highly controversial projects
subject to scrutiny by the general public, environmental organizations, and public agencies. Using his broad
background and understanding of environmental constraints, Mr. Ashimine provides detailed, legally sound CEQA/
NEPA compliance review and environmental documentation.
Mr. Ashimine also has expertise related to processing environmental documentation for local and regional
transportation projects. He has managed a range of highly technical CEQA/NEPA studies for locally-funded roadways,
Federally-funded roadways through Caltrans Local Assistance, and projects on the State Highway System.
PROJECT EXPERIENCE
Jeffrey/I-S Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail (JOST) Project, Irvine, California. City of
Irvine. Environmental Manager. Managed the preparation of the environmental document. Michael Baker prepared
an environmental document for the proposed extension of the Jeffrey Open Space Trail (JOST) from Barranca Parkway
to Walnut Avenue. The proposed JOST extension includes a lighted Class I bicycle trait drainage elements, and a rest
area along Jeffrey Road to close a gap in the existing trail system. Concurrently, Michael Baker prepared environmental
documentation for a proposed bicycle and pedestrian bridge connection ofthe JOST over 1-5 freeway at Jeffrey Road to
complete the trail extension. Michael Baker's environmental work program included preparation of an Initial Study/
Mitigated Negative Declaration with supporting technical studies under the California Environmental Quality Act
(CEQA).
River's End Staging Area and San Gabriel River Bikeway Enhancement Plan, Seal Beach, California. Environmental
Manager. Michael Baker assisted the City of Seal Beach with the preparation of an IS/MND for improvements to the
River's End Staging Area (located at the mouth of the San Gabriel River) that would include landscaping, sidewalks,
paving, signage, and lighting. Enhancements would also occur along a 3.4-mile stretch of the San Gabriel River, where
an existing bikeway would be improved to include landscaping, striping, and resurfacing. Primary issues analyzed
within the IS/MND include aesthetics, air quality, noise, and cultural resources.
Edison Right-of-Way Bikeway, Anaheim, California. City of Anaheim. Environmental Manager. Responsible for
environmental documentation. Michael Baker provided NEPA environmental clearance and prepared final plans,
specifications, estimates for a one-mile-long bicycle and pedestrian trail, primarily within the City of Anaheim. Michael
Baker's services included right~of-way support and Caltrans local assistance processing. The 15-foot-wide bicycle and
pedestrian trail was constructed within existing Southern California Edison right-of-way, and is the first phase of a
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proposed extensive bicycle network that connects west Anaheim to the downtown area. NEPA clearance for the
project was supported by a range of technical studies, including cultural resources, hazardous materials, visual, water
quality, and Section 4(f).
Ball Road Sidewalk and Bike Lane Project, Anaheim, California. City of Anaheim. Environmental Manager. Managed
the preparation of the environmental document. Michael Baker assisted the City of Anaheim with preparation of a
Preliminary Environmental Study (PES) Form and Categorical Exclusion (CE) for the Ball Road Sidewalk and Bike Lane
Project. The project included improvements to an approximately 0.5-mile segment of Ball Road, within the western
portion of the City. Proposed improvements included the construction of a sidewalk within a portion of the site and
bike lanes along both sides of Ball Road along the entire alignment. Michael Baker supported the City with processing
NEPA documentation through Caltrans District 12 Local Assistance.
Freeway Trail Lighting Project. City of Irvine. Project Manager. Managed the preparation of the environmental
document. Michael Baker assisted the City of Irvine with preparation of a PES Form and CE for the Freeway Trail
Lighting Improvement Project. The project proposed to implement lighting improvements along the 405 Freeway Trail,
located north of Interstate 405 (1-405), between San Diego Creek and Culver Drive. The proposed improvements
would occur along a 4,300-foot segment of the existing bicycle and pedestrian trail. The lighting facilities would include
the implementation of pole-mounted lights installed approximately every 75 feet within the project site, resulting in
the construction of 60 light poles. The project was subject to the NEPA due to Federal funding pursued by the City. As
such, Michael Baker prepared the PES Form and technical studies required to support a Categorical Exclusion (CatEx)
through Caltrans Local Assistance. Technical analysis prepared by Michael Baker included a Scenic Resources
Evaluation and Visual Impact Assessment to determine any sensitive scenic resources affected within the project area.
A Natural Environment Study-Minimal Impact (NES-MI) report was also conducted by Michael Baker to analyze the
potential for any impacts to sensitive habits and/or species. The project also required cultural resources
documentation in compliance with Section 106 of the National Historic Preservation Act.
Peters Canyon Trail Lighting. City of Irvine. Project Manager. Managed the preparation of the environmental
document. Michael Baker assisted the City of Irvine with the preparation of NEPA clearance documentation for the
Peter's Canyon Bikeway Project. The City of Irvine was awarded Federal funding through the Federal State
Transportation Improvement Program (FSTIP), thus requiring NEPA clearance through the Caltrans Division of Local
Assistance. The project proposed improvements along a 2,150-foot segment of the existing bicycle and pedestrian
trail, located between the railroad tracks and Walnut Avenue; adjacent to the Harvard Athletic Park. The lighting
improvements would include the implementation of pole-mounted lights installed approximately every 75 feet within
the project site, resulting in the construction of3S fight-poles. Michael Baker prepared the PES Form and technical
studies required to support a CE through Caltrans Local Assistance. Technical analysis prepared by Michael Baker
included a Scenic Resources Evaluation and Visual Impact Assessment to determine any sensitive scenic resources
affected within the project area. The project required cultural resources documentation in compliance with Section
106 of the National Historic Preservation Act. In addition, a Natural Environment Study-Minimal Impact (NES-MI)
report was also conducted by Michael Baker to analyze the potential for any impacts to sensitive biological resources.
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Alamitos Park CEQA/NEPA Clearance, Long Beach, California. City of Long Beach. Environmental Specialist. Managed
the preparation ofthe environmental document. Michael Baker assisted with preparation of California Environmental
Quality Act (CEQA) and National Environmental Policy Act (NEPA) clearance documentation for the Alamitos Park
project. The project included roadway improvements at and surrounding the intersection of Martin Luther King Jr.
(MLK) Avenue and 7th Street, within the southwestern portion ofthe City.
Gilbert Street Improvements Environmental Services, Orange County, California. Orange County. Project
Manager. Responsible for environmental documentation. Michael Baker assisted with the preparation of a PES Form,
a NEPA CE, and supporting technical studies for the Gilbert Street Improvement project. The project included
improvements to enhance vehicular, bicyclist, and pedestrian safety in addition to providing for Americans with
Disability Act compliance. The improvements consisted of reducing the existing two lanes of travel in each direction to
one lane oftravel in each direction and a continuous left-hand turn lane median.
Folsom Boulevard Complete Street Rehabilitation, Sacramento, California. City of Sacramento. Environmental
Specialist. Managed the preparation of the environmental document. Michael Baker assisted with NEPA clearance for
the Folsom Boulevard Complete Street Rehabilitation Project, which proposed a road diet along Folsom Boulevard
between 65th Street and the Union Pacific Railroad (UPRR) and to the north of U.S. Route 50, to accommodate new
sidewalks, bicycle lanes, and a reduction in the number of vehicular travel lanes. Due to federal funding utilized for the
project, NEPA clearance was required through the Caltrans District 3 Division of Local Assistance. Michael Baker
prepared a PES Form supported by a range of various technical studies, including a Phase I Initial Site Assessment,
Visual Impact Assessment Memorandum, and Natural Environment Study-Minimal Impacts.
Alessandro Boulevard Median (Indian Street to Perris Boulevard), Moreno Valley, California. City of Moreno
Valley. Environmental Manager. Responsible for environmental documentation. Michael Baker provided
environmental clearance, final design, and construction support services for Alessandro Boulevard Median
improvements. The project was funded under federal Highway Safety Improvement Program (HSIP) as a Local
Assistance project overseen by Caltrans. The safety improvement project addressed traffic and pedestrian safety
issues. Work items included design of raised median, turn pockets, traffic signal modifications, striping and signage,
landscaping, new lane configurations, AmeriCans with Disabilities Act (ADA) compliance, and environmental CEQA and
NEPA documents.
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Mr. Millington is a senior-level biologist specializing in conducting general biological
resources surveys, habitat suitability assessments, jurisdictional delineations,
vegetation mapping, California Rapid Assessment Method (CRAM) analyses, peer
reviews, nesting bird clearances, and protocol-level surveys for burrowing owl and
least Bell's vireo. Mr. Millington has extensive experience preparing various biological
technical reports and obtaining regulatory permits to assist public and private sector
clients in maintaining compliance with a range of environmental regulations,
including the California Environmental Quality Act, National Environmental Policy Act,
California Fish and Game Code, Federal Clean Water Act, Migratory Bird Treaty Act,
California Porter-Cologne Water Quality Act, California Coastal Act, State and Federal
Endangered Species Acts, and Natural Community Conservation Planning Act. In
addition, Mr. Millington has developed several Nesting Bird Management Plans and
Environmental Awareness Programs as well as been responsible for the management
and coordination of biological monitoring staff on various residential, commercial,
industrial, utility, flood control, and transportation projects throughout southern
California.
PROJECT EXPERIENCE
Santa Ana River Trail -Phase 6 through Green River Golf Course Project, Corona,
California. Riverside County Transportation Commission. Biologist/Regulatory
Specialist. The project consists of a 1.5-mile multi-use trail segment through the
Green River Golf Course and a 0.2-mile segment between Phase 5 and Phase 3 of the
larger 110-mile Santa Ana River Trail. Mr. Millington conducted multiple field surveys
and prepared the Habitat Assessment & Western Riverside County MSHCP
Consistency Analysis Report. Mr. Millington also assisted with the preparation of the
Jurisdictional Delineation Report and consulted with the U.S. Army Corps of
Engineers, Regional Water Quality Control Board, California Department of Fish and
Wildlife, and the U.S. Fish and Wildlife Services to obtain various state and federal
regulatory approvals/permits and identify a mitigation strategy to compensate for
the loss of protected resources. In addition, Mr. Millington conducted focused
surveys for burrowing owl and consulted with USFWS to develop a project-specific
survey methodology for analyzing potential impacts to coastal California gnatcatcher.
Caspers Regional Park Water Line Replacement, San Juan Capistrano, California.
Orange County, Biologist. Mr. Millington provided field support and assisted with the
preparation of the Habitat Assessment and Preliminary Delineation of Jurisdictional
Waters for the Casper's Regional Park Water Line Replacement Project, located in
southern Orange County, California. Casper's Regional Park consists of 8,000-acres
and is currently supplied by its own domestic water supply. In order to address
increased demand, Orange County Parks is proposing to install and replace existing
water supply lines throughout the park. A detailed habitat assessment was
conducted to document baseline conditions and closely evaluate the potential for the
INTERNilTIOJIA!. 17
Years of Experience; 9
Availability: 30%
Degrees
B.S., 2010, Environmental
Studies, Universityof
California, Santa Barbara
Licenses/Certifications
Certificate, 2017, Arroyo
Toad Field Ecology and
Survey Methods Workshop,
TheWildlife Society
Certificate, 2016, Rare Plant
SurveyProtocols, California
Native Plant Society
Certificate, 2015, Advanced
Hydric Soils, Wetland
Training Institute.
Certificate,2014; Field
Ornithology Certification,
University ()t California,
Riverside
Certificate, 2014, CRAM
Practitionet'Riverine/
Depressional Wetlands,
Southern California Coastal
Water Research Project
... Certificate, 2013, .
Southwestern Willow .·. . .
Flycatcher Survey Methods,
Southern Sierra Research
Station
Certificate, 2013, Desert
Tortoise Survey and Field
Techniques, Desert Tortoise
Council
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project site to support any state or federally listed sensitive species, including the coastal California
gnatcatcher. Additionally, will conduct pre-construction nesting bird clearance surveys to ensure that construction
activities will not violate the Migratory Bird Treaty Act {1918) and the California Department of Fish and Wildlife Code
(Sections 3503, 3503.3, 3511, and 3513) by destroying an active nest or disrupting nesting behavior within close
proximity to the project site. Michael Baker prepared the Biological Constraints Analysis and a Preliminary Delineation
of Jurisdictional Waters for the Caspers Regional Park Water Line Replacement Project in unincorporated south Orange
County. The proposed project will consist of installing new water lines, drinking faucets, gate valves, and hose bibs
within park campgrounds and recreational areas.
Lizard Trail Improvements Project, County of Orange, California. Orange County Parks. Biologist. The project included
the improvement and dedication of Lizard Trail within Laguna Coast Wilderness Park. Mr. Millington conducted
multiple field surveys to characterized existing conditions along the proposed trail alignment and assessed the
potential occurrence of special-status species, including coastal California gnatcatcher, coastal cactus wren, orange-
throated whiptail. In addition, Mr. Millington assisted with the preparation of the Habitat Assessment report and
Orange County Coastal Subregion NCCP/HCP consistency analysis.
Aliso Creek Trail Repair, Laguna Woods, California. Golden Rain Foundation -Laguna Woods. Biologist. Mr.
Millington prepared the Delineation of Jurisdictional Waters and drafted resource agency permits from the California
Department of Fish and Wildlife {1602 Streambed Alteration Agreements) and the Regional Water Quality Control
Board (Section 401 Water Quality Certification) for the proposed Aliso Creek Trail Repair Project, located in the City of
Laguna Woods, Orange County. The proposed project consists of repairing a concrete arch-type single-span footbridge
located over Aliso Creek within the Laguna Woods Village that was damaged as a result of recent storms.
Mathis Trail Mitigation Site, Aliso Viejo, California. Orange County. Biologist. Mr. Millington provided professional
services for the Mathis Trail Mitigation Site located in the sensitive Aliso and Woods Canyon Wilderness Park. The
mitigation site consists of created riparian scrub habitat in an area previously occupied by non-native grassland. The
site was a requirement to mitigate for impacts associated with County Park's Mathis Service Road/Trail Repair Project.
Michael Baker prepared construction drawings for the mitigation site and designed a native plant palette appropriate
for the habitat type. Michael Baker staff prepared the riparian restoration and enhancement plan for the site and
conducted five-year monitoring and reporting. Monitoring included qualitative assessments throughout the year, along
with qualitative assessments in the spring. The site was also photo-documented for progress.
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Mr. Winkleman, a senior wildlife biologist, has many years of experience in field and
laboratory research, environmental data acquisition, construction monitoring, and
regulatory compliance. His specific areas of expertise are in herpetological and
ornithological ecology and identification. He has conducted field surveys and research
for a wide range of transmission, solar, aqueduct, and housing projects, as well as for
scientific research, to identify and inventory native species, including special-status
species. He has experience and permits to conduct protocol surveys for several listed
species. He is experienced in conducting resource impact assessments under
California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) provisions. He has prepared various sections for CEQA and NEPA
environmental documents, including environmental impact statements and
environmental impact reports, biological technical reports, biological assessments,
biological evaluations, biological monitoring reports, and biological survey reports.
Mr. Winkleman is a recognized expert in southern California avifauna and serves as
both a local data reviewer for the Cornell Lab of Ornithology's eBird database in
Orange County as well as Orange County's quarterly report author for the national
quarterly publication North American Birds, published by the American Birding
Association.
PROJECT EXPERIENCE
Peters Canyon Trail Lighting. City of Irvine. Biologist. The project involved installing a
new lighting system along an existing pedestrian trail paralleling the Peters Canyon
Wash in Irvine. Responsible for conducting a biological survey and writing a Caltrans
Natural Environmental Study (NES). The NES analyzed the on-site habitat and
potential for sensitive species to occur and provided recommendations to minimize
environmental impacts during construction.
Borrego Canyon Restoration. County of Orange. Biologist. The project involved the
restoration and repair of a public hiking trail in Whiting Ranch Wilderness Park. Mr.
Winkleman was responsible for conducting protocol surveys for the state and
federally endangered least Bell's vireo.
Comprehensive General-Plan Update, Rancho Santa Margarita, California. City of
Rancho Santa Margarita. Biologist. Michael Baker prepared the city's
Comprehensive General Plan Update and associated Environmental Impact Report
(EIR). The focus of the update is to "refresh" the Land Use, Economic Development,
Conservation/Open Space, Safety, and Noise elements to address the continued
vision for the city. Mr. Winkleman was responsible for conducting biological surveys
throughout the City of Rancho Santa Margarita and writing a biological report
detailing the City's biological resources.
INTERNATIONAL 19
Years ofExperience; 15
Availability: 30%
Degrees
BS!2007; Ecology and
Evolution, University of
California, Irvine
Licenses/Certifications
USFWSlO(a)(1)(A)Hecovery
Permit, 2019~2023:
California Red-legged Frog,
CoastaiCalifornia
Gnatcatcher, Western
YellqW-billed Cuckoo,
Ce~lifornia
CDFW Scientific Collecting
.·Permit, 2019-2022:
California Red-legged Frog,
California Spotted Owl,
Coastal California
Gnatcatcher, Flatctailed
Horned Lizard, San Diego
Cactus Wren, Southwestern
Pond Turtle, Californi13
Authorized Biologist: Flat-
tailed Horned Lizard
Authodzed Biologist, 2009~
2013: Arroyo Toad
Profess io na ICe rtificatio n,
2019-'2024:CertifiedSenior
Ecologist
Training
2018,Yellow-billedCuckoo
Field Camp, GreafBasin.Bird
Observatory
2Di4, Learning Desert Bird
Sounds, Sea and Sage
·A11dubonSociety
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Jeffrey/I-S Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail (JOST)
Project, Irvine, California. City of Irvine. Biologist. Michael Baker provided a project
study report/project development support {PSR/PDS) for improvements that included
a Class I bicycle trail and rest area. Concurrently, Michael Baker prepared a project
report {PR) for a proposed bicycle/pedestrian crossing of the Jeffrey Open Space Trail
over Interstate 5. Mr. Winkleman was responsible for a field survey and for writing a
biological report, including an Orange County Coastal Subsection NCCP/HCP
Consistency Analysis.
Salt Creek Trail. POWER Engineers, Inc. Biologist. The project involved a proposed
public access trail in an area with mostly existing roads for trail use. Mr. Winkleman
was responsible for peer reviewing biological and jurisdictional reports written by
another company.
Freeway Trail lighting Project. City of Irvine. Biologist. The project involved installing
a new lighting system along an existing pedestrian trail paralleling Interstate 405 in
Irvine. Mr. Winkleman was responsible for conducting a biological survey and writing
a Caltrans Natural Environmental Study {NES). The NES analyzed the on-site habitat
and potential for sensitive species to occur and provided recommendations to
minimize environmental impacts during construction.
Lizards Trail. County of Orange. Biologist. The project included the improvement and
dedication of Lizard Trail within Laguna Coast Wilderness Park. Mr. Winkleman was
responsible for conducting a field survey and writing a biological habitat assessment
report.
Juan Bautista de Anza Trail Project. City of Moreno Valley. Biologist. Ryan was
responsible for managing the biological resource and jurisdictional surveys in 2017 for
a proposed trail system going across the City of Moreno Valley. He was directly
involved with burrowing owl surveys and provided oversight for small mammal
trapping, rare plant surveys, and a jurisdictional delineation. In addition, he wrote a
Natural Environment Study {Minimal Impacts) {NESMI) documenting the survey
results and project impacts. 2016 to 2017.
INTEIINATION.P.l 20
Traini rtg CCintin l.led
2016, tklifot~ia Rapid
Assessment Method
{CRAM), San Francisco
Estua ry•.lnst:itute
2015, 0~~~ctFiora,
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· Riverside Extensibn
20l6;Santa AnaSIJcker
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• Trairiir)glnstit~,Jte
2016, •• C?Ilf0rr1ia.Tiger••·•·.··········)·•
Sal arnCird~r.Mfqrks hOp, .
ElkhOrll Slough Coastal
training Program
2013; $quthwesternWillqw .·
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Workshop, SOuthern Sierr9
Reseal<:l'l StatiOn ... . .· ........ .
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Workshop, Elki)GJ"n$1()ugh
QOastal JriJi!Ji rm ProgriHI)
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Ms. Regimbal specializes in the fields of air quality, climate change, hazardous
materials, and acoustics. She has experience in the research, preparation, and
analysis consistent with the California Environmental Quality Act (CEQA} for a variety
of environmental planning projects involving redevelopment, infrastructure,
residential, mixed use, institutional, and commercial uses.
PROJECT EXPERIENCE
Venta Spur Trail Bicycle and Pedestrian Bridge over S.R. 133, Irvine, California. City of
Irvine. Environmental Specialist. Provided acoustical support services. Michael Baker
assisted with the preliminary design and environmental documentation for the
extension of the Venta Spur Trail across S.R. 133 and Marshburn Channel. The trail
extension was a key element of the city's Master Plan of Open Space and Trails and
constructed a Class I Bikeway between the existing trail in the Village of Woodbury
East and an Irvine Ranch Water District (IRWD} maintenance road that connects to
future Venta Spur Trail in the Great Park Neighborhoods.
Availability:AO%
Degrees
B.S., 2012, Environmental
Science, University ()f
Califdrnia,Santa Barbara
Graduate Studies,
Environmental Engineering,
CaliforniaState University,
Fullerton
Archibald Avenue Improvement Project, Ontario, California. City of Ontario. Environmental Specialist. Prepared the
Air Quality Assessment. Michael Baker provided design and environmental services for proposed improvements on
Archibald Avenue between East Oak Hill Drive and Monticello Place near the S.R. 60 interchange. For the project,
Michael Baker developed the Project Study Report/Project Development Support deliverable, the Project Approval/
Environmental Document, and a full plans, specifications, and estimates package for the proposed improvements.
Cypress Village Mixed Use Project EIR, Covina, California. City of Covina. Environmental Specialist. Provided air
quality, greenhouse gas, and noise support services for the Environmental Impact Report. Development for 14,000
square feet of retail and fast food service business on 2.9 acres, and 61 for-sale, detached single family homes on 5
acres. Project includes all onsite infrastructure, off-site infrastructure connections, landscaping, lighting and recreation
area improvements. Project requires City approvals of general plan and zoning amendments.
Norwalk High School Athletic Stadium Project EIR, Norwalk, California. Norwalk -La Mirada Unified School
District. Environmental Specialist. Provided air quality, greenhouse gas, and noise support services for the
Environmental Impact Report. Michael Baker is prepared an environmental impact report (EIR) for the development of
a new multiuse athletic stadium at the Norwalk High School campus. The project consisted of replacing the existing
grass field at Norwalk High School with synthetic turf and developing new athletic fields for football, soccer, baseball,
softball, and track and field. The EIR key covered environmental issues including impacts from noise resulting from
periodic stadium event noise, loudspeakers, spectator crowds, aesthetics like stadium lighting, and on-street
neighborhood parking during home football events.
Irvine Center Drive and Jeffrey Road Intersection Improvements, Irvine, California. City of Irvine. Environmental
Specialist. Responsible for providing air quality, greenhouse gas, noise, and aesthetics support services for the Initial
Study/Mitigated Negative Declaration. Michael Baker is providing project management, research and review, aerial
topographic mapping, traffic analysis, preliminary design, project report preparation, photo simulations, a preliminary
water quality management plan, and environmental document support for improvements at the intersection of Jeffrey
Road and Irvine Center Drive. This project is a critical circulation element that provides enhanced traffic capacity as
identified in the North Irvine Transportation Mitigation program.
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Media Studios Project EIR. Burbank, CA. City of Burbank. Environmental Specialist. Provided air quality and
noise support services for the Environmental Impact Report. Michael Baker prepared an Environmental Impact Report
for the Media Studios Project. The project proposes to develop a 160,477-square foot commercial office building to
complete the existing Media Studios office campus. The building would be five stories at a maximum height of 70 feet
above plaza level. The proposed office building would tie in with the existing Media Studios campus, including all
landscaping, amenities, and parking. The subterranean parking garage would connect with the existing subterranean
parking garage to allow accessibility from any entrance. The project approval consisted of a Development Agreement
Extension. Primary issues analyzed within the document include air quality, greenhouse gas emissions, noise, and
transportation/traffic. Of the areas analyzed in this project, only transportation and traffic impacts were determined
to be significant and unavoidable.
S.R. 91 PA/ED Improvements from S.R. 57 to S.R. 55, Orange County, California. Orange County Transportation
Authority (OCTA}. Environmental Specialist. Prepared the Air Quality Assessment. Michael Baker is preparing the
project approval and environmental document (PA/ED) for the S.R. 91 improvement project from the S.R. 91/S.R. 57 to
the S.R. 91/S.R. 55 interchanges to address significant congestion and operational deficiencies within the project study
area. The improvements are part of the OCTA Renewed Measure M, a voter-approved half-cent sales tax program for
transportation improvements, as Project I. The PA/ED documents are being prepared in accordance with Caltrans'
latest guidelines and include various environmental technical studies, project report (PR), and ED, that provide a
foundation for subsequent plans, specifications, and cost estimates (PS&E).
A-3 Reservoir Elimination Project. City of Escondido. Environmental Specialist. Responsible for providing air quality
and greenhouse gas support services for the Mitigated Negative Declaration. Due to increased service pressures
within the A-3 Zone resulting from the removal of the A-3 Reservoir and reconfiguring of pressure zones, a number of
existing improvements were recommended as part the evaluation. Hydraulic modeling of the City's water distribution
system was performed to confirm the actual operational hydraulic grade lines throughout the new/expanded zones.
Based on the hydraulic analysis, the proposed PRS locations recommended in the 2012 Water Master Plan were
confirmed. Improvements included pipeline replacement, relocation, and new segments as well as three new pressure
reducing stations.
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Mr. Glaize serves as an environmental analyst, with a specialty in acoustics, air
quality, and climate change. He has experience in the research, preparation, and
analysis consistent with the California Environmental Quality Act (CEQA) for a variety
of environmental planning projects involving redevelopment, infrastructure,
residential, mixed use, institutional, and commercial uses. Mr. Glaize is an expert
Years of Experience: 3
Availability: 40%
Degrees
B.S., 2016,Meteorology/
experienced in technical modeling using va~ious State-and Federally approved Climatology, San Jose State
programs such as; the California Emissions Estimator Model (CaiEEmod), the University
Atmospheric Dispersion Modeling System (AERMOD), and the EMission FACtors
(EMFAC) model. He also has experience with the Federal Highway Administration
Traffic Noise Model (TNM2.5). Mr. Glaize is a board member ofthe Association of Environmental Professionals Orange
County Chapter and currently holds the position of President.
PROJECT EXPERIENCE
Santa Ana River Trail Phase 6 Project, Riverside County, California. Riverside County Transportation Commission
(RCTC). Environmental Associate. Responsible for the Air quality, Greenhouse gas, Noise, and Energy initial study/
mitigated negative declaration sections. Michael Baker International is preparing the initial study/mitigated negative
declaration for the Santa Ana River Trail Phase 6 Project. The project consists of trail improvements that would
complete a portion of the larger 110-mile regional SART system. Specifically, the project includes a 1.5-mile dual-track
Class I multi-use path/natural surface trail, connecting the Santa Ana River Parkway Extension (currently in final design)
located in Orange County with the existing SART-Phase 5 in Chino Hills State Park. The project also includes a 0.2-mile
trail segment connecting the eastern terminus of the existing SART-Phase 5 and the western terminus of planned SART
-Phase 3, near the SR-91/SR-71 interchange in Riverside County.
Venta Spur Trail Bicycle and Pedestrian Bridge over S.R. 133, Irvine, California. City of Irvine. Environmental
Associate. Responsible for the Noise Technical Memorandum. Michael Baker assisted with the preliminary design and
environmental documentation for the extension of the Venta Spur Trail across S.R. 133 and Marshburn Channel. The
trail extension was a key element of the city's Master Plan of Open Space and Trails and constructed a Class I Bikeway
between the existing trail in the Village of Woodbury East and an Irvine Ranch Water District (IRWD) maintenance road
that connects to future Venta Spur Trail in the Great Park Neighborhoods.
Cannon Street and Serrano Avenue Intersection Improvements Project, City of Orange, California. City of Orange.
Environmental Associate. Responsible for the Air quality, Greenhouse gas, and Energy initial study/mitigated negative
declaration sections. Michael Baker International is preparing the initial study/mitigated negative declaration for the
Cannon Street and Serrano Avenue Intersection Improvement Project. The project proposes to add a second
dedicated right turn lane on northbound Cannon Street to eastbound Serrano Avenue, and to widen the existing right
turn lane on westbound Serrano Avenue to northbound Cannon Street approximately four feet. The project includes
the relocation the curb, gutter, and utilities located along the east side of Cannon Street. The project will include the
creation of a new sidewalk and equestrian trial.
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Bastanchury Road Improvement Project. City of Yorba linda, California. Environmental Associate. Responsible for
the Air Quality, Greenhouse Gas, and Noise IS/MND sections. Michael Baker is preparing an initial study/mitigated
negative declaration and technical studies for the Bastanchury Road Improvement Project. The project will raise the
road profile a maximum of approximately six feet, widen the roadway segment (along Bastanchury Road from Eureka
Avenue to Casa Lorna Avenue) from two travel lanes (one travel lane in each direction) to a total of four travel lanes
(two lanes of travel in each direction) to match the existing roadway configuration east of Eureka Avenue and west of
Casa Lorna Avenue. Additionally, the project will include A 10-foot wide Class 1 multi-purpose trail intended for use by
equestrians, hikers, joggers, and bicyclists.
Comprehensive General Plan Update, Rancho Santa Margarita, California. City of Rancho Santa
Margarita. Environmental Associate. Responsible for the Air Quality, Greenhouse Gas, and Noise General Plan EIR
sections. Michael Baker is preparing the city's Comprehensive General Plan Update and associated Environmental
Impact Report (EIR}. The focus of the update is to "refresh" the Land Use, Economic Development, Conservation/Open
Space, Safety, and Noise elements to address the continued vision for the city. Additionally, updates will ensure that all
elements are consistent with new state requirements for general plans. The scope of work included a tour of the city, a
city staff summit, community engagement, website design, and workshops with the City Council and/or Planning
Commission. In addition, the city also requested that Michael Baker prepare a retail market analysis and laborshed
analysis (spatial mapping of commuting patterns).
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Ms. Yau is an Environmental Analyst at Michael Baker and is part of both the
Environmental Sciences and Regulatory Services teams. She is knowledgeable in the
management and preparation of environmental compliance documents for both
public and private sector clients. Ms. Yau has extensive experience in preparing CEQA
documents for a wide-range of projects, including programmatic-level General Plans/
Specific Plans, mixed-use, commercial, residential, and infrastructure projects. She
has a comprehensive understanding of complex CEQA processes and is a resourceful
team player who understands client needs.
As a biologist, Ms. Yau has knowledge of a variety of southern California flora and
fauna species. She is experienced in field work and data collection, monitoring for
restoration and mitigation sites, and conducting bird and plant surveys. Overall, she
draws from a diverse educational and work background that includes environmental
planning, biological sciences, and urban and regional planning.
PROJECT EXPERIENCE
Aviation Boulevard at Artesia Boulevard Southbound to Westbound Right Turn
Improvement Project IS/MND. City of Manhattan Beach. Environmental Specialist. Responsible for preparing
portions of the IS/MND. The proposed project involves widening the west side of Aviation Boulevard to the north of
the intersection at Artesia Boulevard to accommodate a 12.5-foot right turn lane and an eight-foot pedestrian
walkway; construct new Americans with Disabilities Act (ADA)-compliant features on the northwest corner of the
Aviation Boulevard and Artesia Boulevard intersection; re-stripe the north leg of Aviation Boulevard; and provide new
crosswalk striping at the west and north legs of the intersection. These improvements would address queuing
deficiencies, improve roadway operations, and implement improvements consistent with the City of Manhattan Beach
General Plan Transportation Element.
Cannon Street and Serrano Avenue Intersection Improvements IS/MND. City of Orange . Environmental Specialist.
Responsible for preparing portions of the IS/MND. The project proposes to add a second dedicated right turn lane on
northbound Cannon Street to eastbound Serrano Avenue, and to widen the existing right turn lane on westbound
Serrano Avenue to northbound Cannon Street approximately four feet. The second dedicated right turn lane on
Cannon Street would increase the storage capacity of the intersection. The widened right turn lane on Serrano Avenue
would accommodate right turn movements that may otherwise be blocked by queued left turn movements (from
---wesrbou na--serranc:rt>.vern:rero south bound Can nonStreetr-------------~~--------~~----
Malibu Bluffs Parkland Master Plan EIR. City of Malibu. Environmental Specialist. Responsibilities included preparing
the Project Description and Notice of Preparation. Michael Baker is preparing a park master plan and EIR for the
Malibu Bluffs Parkland project. The project site consists of three parcels totaling nearly 95 acres of land overlooking the
Pacific Ocean. A portion ofthe project area contains an existing park, while most ofthe site is undeveloped open space
containing coastal sage scrub habitat. Michael Baker is helping the City explore the potential oft he parkland to provide
new recreational opportunities for the Malibu community to meet the City's current and future recreation needs.
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Mammoth Arts and Cultural Center IS/MND. Town of Mammoth Lakes. Environmental Specialist. Responsibilities
included preparing portions of the IS/MND. Michael Baker is preparing an IS/MND for the proposed Mammoth Arts
and Cultural Center located at the existing Cerro Coso Community College. Specific technical analysis necessary to
support the document include preparation of an air quality analysis, habitat assessment, greenhouse gas emissions
analysis, photo simulations, and acoustical analysis. Key environmental considerations include potential noise impacts
from proposed outdoor amphitheater activities on nearby residences, potential traffic impacts on the surrounding
community, and potential site disturbance of known cultural artifacts.
Reservoir No. 18 Project IS/MND. City of Chino Hills. Environmental Specialist. Responsible for preparing portions of
the IS/MND. The project would demolish the existing Reservoir No. 1 and associated facilities and construct a new 3.9
million-gallon water reservoir (Reservoir No. 18) and associated facilities. Reservoir No. 18 would be a partially buried
pre-stressed concrete tank. The new reservoir would have a diameter of 162 feet, with a finished floor elevation of
1,028 feet above mean sea level (amsl) and the top oft he reservoir would be 1,062 feet amsl. Ancillary components of
Reservoir No. 18 would include domestic waterline connections, overflow system and stormwater drainage, site
access, landscaping, and lighting.
Santa Ana River Trail Phase 6 Project Biological Assessment and MSHCP Consistency Analysis and Burrowing Owl
Focused Survey Report. Riverside County Transportation Commission. Biologist/Environmental Specialist. Provided
field survey assistance for a habitat assessment and focused burrowing owl surveys in support of a Biological
Assessment and MSHCP Consistency Analysis and Burrowing Owl Focused Survey Reports. The project consists of a
segment of the larger 110-mile Santa Ana River Trail project. More specifically, the project involves a Class 1 Bikeway,
Riding, and Hiking Trail, connecting the Santa Ana River Parkway Extension (currently in final design) on the west in
Orange County with the Multipurpose Trail and Bike Lane in the Chino Hills State Park (currently under construction)
on the northeast within Riverside County.
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Ms. Gonzalez is an Environmental Analyst at Michael Baker and works primarily as a
CEQA generalist. Ms. Gonzalez has ample experience in preparing a variety of
environmental compliance documentation types pursuant to CEQA and NEPA
requirements for public and private sector lead agencies. She also specializes in
projects which involve aesthetics, light and glare, and shade/shadow impacts and
prepares visual impact assessments and shade/shadow studies.
In addition to her work with Michael Baker, Ms. Gonzalez serves on Board of
Directors for the Orange County Association of Environmental Professionals (AEP).
PROJECT EXPERIENCE
Orangewood Avenue Improvements Environmental Impact Report Addendum, Anaheim, . California. City of
Anaheim. Environmental Analysis. Michael Baker is currently assisting the client with preparation of an Addendum to
the Final Subsequent Environmental Impact Report No. 339 for the Revised Platinum Triangle Expansion Project. Key
environmental issues include the project's potential to result in impacts related to air quality, greenhouse gas
emissions, land use and planning, transportation/circulation, and noise impacts for construction and operations.
Mammoth Arts and Cultural Center IS/MND. Town of Mammoth Lakes. Environmental Specialist. Responsibilities
included preparing portions of the IS/MND. Michael Baker is preparing an IS/MND for the proposed Mammoth Arts
and Cultural Center located at the existing Cerro Coso Community College. Specific technical analysis necessary to
support the document include preparation of an air quality analysis, habitat assessment, greenhouse gas emissions
analysis, photo simulations, and acoustica!analysis. Key environmental considerations include potential noise impacts
from proposed outdoor amphitheater activities on nearby residences, potential traffic impacts on the surrounding
community, and potential site disturbance of known cultural artifacts.
Cannon Street and Serrano Avenue Intersection Improvements IS/MND. City of Orange. Environmental Specialist.
Responsible for preparing portions of the IS/MND. The project proposes to add a second dedicated right turn lane on
northbound Cannon Street to eastbound Serrano Avenue, and to widen the existing right turn lane on westbound
Serrano Avenue to northbound Cannon Street approximately four feet. The second dedicated right turn lane on
Cannon Street would increase the storage capacity of the intersection. The widened right turn lane on Serrano Avenue
would accommodate right turn movements that may otherwise be blocked by queued left turn movements (from
westbound Serrano Avenue to southbound Cannon Street) .
... --Bay-Bridg..e...Rump-Station-andi=orce Mains RehabHitation-Study and BR,-Newport--Beadl, California .. Orange .Cetmty
Sanitation District. Environmental Specialist.-Assisted in the ..... preparation of the environmental
documentation. Michael Baker was contracted to deliver a rehabilitation study that provides a solution to reduce the
client's risk exposure for rehabilitation of the Bay Bridge Pump Station and Force Mains, one of the client's most critical
assets, resulting in agency acceptance and permits for rejuvenation. Michael Baker also prepared an EIR covering the
selected location of the new pump station and associated force mains.
Palmdale Transit Village Specific Plan EIR, Palmdale, California. City of Palmdale. Environmental Specialist. Assisted
in the preparation of the environmental impact report. Michael Baker provided environmental services for the
Palmdale Transit Village Specific Plan. The project involves residential and mixed-use residential-retail and office uses
and roadway and landscaping improvements.
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Ms. Ditto provides assistance in the preparation of environmental and planning
studies for public and private sector clients under the California Environmental
Quality Aft {CEQA) and National Environmental Policy Act (NEPA). As an
environmental analyst, Ms. Ditto's primary responsibilities include the preparation of
environmental documents {Initial Studies, Negative Declarations, Environmental
Impact Reports, and Environmental Assessments) for various environmental planning
projects. Projects range from infrastructure, industrial, redevelopment, and
residential uses. Project responsibilities typically include research, analysis, and
writing of environmental documents for compliance with federal, state, and local
impact assessment criteria. Ms. Ditto also has experience preparing environmental
documentation for local and regional transportation projects ranging from CEQA/NEPA studies for locally funded
roadways, federally funded roadways through Caltrans Local Assistance, and project on the State Highway System.
PROJECT EXPERIENCE
Santa Ana River Trail -Phase 6 Through Green River Golf Course IS/MND. Riverside County Transportation
Commission (RCTC}. Environmental Analyst. Ms. Ditto is currently assisting in the preparation of the CEQA
environmental clearance document {Initial Study/Mitigated Negative Declaration). Michael Baker is providing plans
and environmental documentation for the proposed Santa Ana River Trail-Phase 6 through Green River Golf Course.
The project involves the construction of an approximately 1.5-mile dual-track Class I multi-use path/natural surface
trail from the Orange County/San Bernardino County line on the west to the southeastern portion of the Chino Hills
State Park on the east, and an additional approximately 0.2-mile segment from the eastern terminus of the existing
SART-Phase 5 and western terminus ofthe planned SART-Phase 3
Jeffrey/I-S Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail (JOST) Project, Irvine, California. City of Irvine.
Environmental Analyst. Ms. Ditto was responsible for the preparation of the Initial Study/Categorical Exclusion in
accordance with CEQA and NEPA. Michael Baker prepared a preliminary design report and environmental document
for the proposed extension of the Jeffrey Open Space Trail {JOST) from Barranca Parkway to Walnut Avenue. The
proposed JOST extension includes a lighted Class I bicycle trail, drainage elements, and a rest area along Jeffrey Road to
close a gap in the existing trail system. Concurrently, Michael Baker prepared a Project Study Report -Project
Development Support {PSR-PDS) for a proposed bicycle and pedestrian bridge connection of the JOST over 1-5 freeway
at Jeffrey Road to complete the trail extension. Michael Baker's environmental work program included preparation of
California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) clearance documentation.
Venta Spur Trail Bicycle and Pedestrian Bridge over SR-133, Irvine, California. City of Irvine. Environmental Analyst.
Ms. Ditto was responsible for the preparation and filing of the CEQA Categorical Exemption under CEQA Guidelines
Section 15303 Class 3e, New Construction and Notice of Exemption {NOE). Michael Baker assisted with the preliminary
design and environmental documentation for the extension of the Venta Spur Trail across SR-133 and Marshburn
Channel. The trail extension was a key element of the City's Master Plan of Open Space and Trails and constructed a
Class I Bikeway between the existing trail in the Village of Woodbury East and an Irvine Ranch Water District (IRWD)
maintenance road that connects to the future Venta Spur Trail in the Great Park Neighborhoods.
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Mr. Losey has experience in water resources and drainage projects ranging from small
subdivisions to large highway projects. His involvement in those projects included
hydrologic and hydraulic studies, computer modeling, project reports, storm drain
design, and preparation of plans and specifications. He has prepared pia ns,
specifications and estimates (PS&E) for public and private sector clients including:
California Department of Transportation, County of Los Angeles, County of Riverside,
County of Orange, County of Ventura, and various cities and private sector clients
throughout California.
Mr. Losey specializes in the development of flood control and runoff management
solutions for transportation projects involving both public and private sector projects.
He has extensive experience in flood control, water quality, and storm drain facility
design, including the design of earthen dam structures for Ventura County and
Orange County.
PROJECT EXPERIENCE
Jeffrey/I-S Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail (JOST)
Degrees
B5., 1999, Civil Engineering,
University of California,
Irvine
Ucen~es/Certifications
Professional Engineer -Civil,
California, 2003, 65140
Professional Engineer-Civil,
Utah; 2010, 7777074-2202
Project, Irvine, California. City of Irvine. Drainage Manager. Responsible for the preliminary drainage report for the on
-site and off-site storm drain systems. Michael Baker prepared a preliminary design report and environmental
document for the proposed extension of the Jeffrey Open Space Trail (JOST) from Barranca Parkway to Walnut Avenue.
The proposed JOST extension includes a lighted Class I bicycle trail, drainage elements, and a rest area along Jeffrey
Road to close a gap in the existing trail system. Concurrently, Michael Baker prepared a Project Study Report-Project
Development Support (PSR-PDS) for a proposed bicycle and pedestrian bridge connection of the JOST over 1-5 freeway
at Jeffrey Road to complete the trail extension. Michael Baker's environmental work program included preparation of
California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) clearance documentation.
Oso Creek Trails, Mission Viejo, California. City of Laguna Niguel. Drainage Manager. Responsible for hydraulics,
hydrology, and drainage design for Oso Creek Trail. Supervised the preparation of the drainage report, plans,
specifications, and estimates in City Formats. Design features included low-flow diversion structures and a linear bio-
filtration planter area for EPA Green Streets Guidance implementation. Michael Baker was retained to prepare
improvement plans for the multiuse trails along Oso Creek Channel and roadway improvements to Forbes Road in
Laguna Niguel. Alternatives included concept designs for grade separated crossings at Crown Valley Parkway and
various methods ofimptementing water qualitytre·atment facilities on site~ -
Orangewood Avenue Improvements Environmental Impact Report Addendum, Anaheim, California. City of
Anaheim. Drainage Manager. Responsible for preparing the roadway drainage plans, Santa Ana River Hydraulics
Analysis, and Scour Study for the widening of Orangewood Avenue. Michael Baker is currently assisting the client with
preparation of an Addendum to the Final Subsequent Environmental Impact Report No. 339 for the Revised Platinum
Triangle Expansion Project. Key environmental issues include the project's potential to result in impacts related to air
quality, greenhouse gas emissions, land use and planning, transportation/circulation, and noise impacts for
construction and operations.
i$i§ijjl:fflftJ
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Salt Creek Trail: Floodplain. Riverside County. Drainage Manager. Responsible for preparation of the project Location
Hydraulic Study and the Zone AE and Regulatory Floodway Analysis reports.
Spectrum Trail Concept Plan. City of Irvine. Drainage Manager. Responsible for the preliminary drainage report for
the on-site and off-site storm drain systems.
University Drive Widening Project, Irvine and Newport Beach, California. City of Irvine. Drainage
Manager. Responsible for preliminary drainage design calculations and layouts of storm drains and BMP facilities.
Michael Baker prepared the initial study and Mitigated Negative Declaration and the Project Report and Environmental
Document (PR/ED) for proposed improvements to University Drive. Three design alternatives were analyzed in the PR/
ED that included widening the roadway from a four to six lane arterial, adding a sidewalk to improve pedestrian access
to UC Irvine and the San Diego Creek Trail, improving bicycle and pedestrian connectivity, adding retaining walls along
the UC Irvine property line, and improved water quality treatment. The IS/MND addressed technical issues, primarily
air quality/greenhouse gas, biological resources (due to proximity to San Diego Creek), cultural resources, hazards and
hazardous materials, water quality, and traffic.
Kelvin Pedestrian Bridge. City of Irvine. Hydraulic Engineer. Responsible for preliminary hydraulic analysis of Barranca
Channel and coordination with Orange County Flood Control District to obtain conceptual approvals.
FY2013-15 Major Streets: Pedestrian ATP/ADA Required Improvements (5 locations), Pomona, California. City of
Pomona. Drainage Manager. Responsible for analysis of drainage patterns at five intersections. Responsibilities
included evaluation of impacts to existing drainage parameters and recommendations to minimize drainage related
construction while maintaining the purpose of the project. Michael Baker is providing engineering services for Active
Transportation Project and Americans with Disabilities Act-compliant improvements to five intersections. As a
subconsultant, Michael Baker's services include final design of improvements to increase pedestrian safety and
mobility and agency coordination.
Rumrill Complete Streets Project, San Pablo, California. City of San Pablo. Drainage Manager. Responsible for
preparing the flood analysis including the Location Hydraulic Study and Summary Floodplain Encroachment Report for
the environmental documentation phase of the project. Michael Baker is preparing environmental technical studies
and analyses and the California Environmental Quality Act (CEQA) document on behalf of the City for Caltrans Local
Assistance funding requirements to provide directional cycle tracks, sidewalk, and crosswalk improvements along the
length of the 2-mile Rumrill Boulevard corridor. The project will address corridor-wide issues to improve cross-walk
frequency, crossing distances, and uncontrolled crosswalks. Michael Baker's studies include traffic, air quality, cultural
resources, water quality, flooding, visual resources, and community impacts. The Rumrill Boulevard Complete Streets
project is a road diet that will transform a four-lane arterial street to a two-lane urban street. Improvements include
protected bike lanes, pedestrian safety enhancements, transit facility upgrades, and community gathering spaces.
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Ms. Valasik is a Registered Professional Archaeologist (RPA) with more than 10 years
of experience. She is a skilled professional who is well-versed in the compliance
procedures of CEQA and Section 106 of the NHPA and regularly prepares cultural
resources assessment reports for a variety of federal, state, and local agencies
throughout California. Ms. Valasik has managed a variety of projects at Cogstone in
the water, transportation, energy, development, and federal sectors. She meets the
qualifications required by the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation. She is accepted as a principal investigator for
prehistoric archaeology by the State Office of Historic Preservation's Information
Centers.
PROJECT EXPERIENCE
Venta Spur Trail Bicycle and Pedestrian Bridge over SR-133, Irvine, California. City of
Availability: 50%
Degrees
M.A., 2009, Anthropology,
Kent State University, Kent,
Ohio
B.A., 2006, Anthropology,
Ohio State Uhiversity,
Columbus; Ohio
Irvine. Task Manager & Principal Investigator for Archaeology. The City of Irvine, in cooperation with Caltrans,
proposed to construct a separated Class I bicycle and pedestrian overcrossing connecting the trail across SR-133 and
Marshburn Channel. Cogstone conducted extensive review of existing literature and historical maps, review of a record
search conducted at the SCCIC, Native American consultations, an intensive pedestrian survey, and a geoarchaeological
analysis to identify and evaluate archaeological, paleontological, and historical resources that may be affected by the
project. Technical reports included an Archaeological Survey Report (ASR}, a Historical Resources Compliance Report
(HRCR}, and a combined Paleontological Identification and Evaluation Report (PIR/PER). Sub to Michael Baker.
Jeffrey/I-S Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail {JOST) Project, Irvine, California. City of
Irvine. Task Manager & Principal Investigator for Archaeology. In preparation of construction of a recreational trail
and bridge, coordinated record search, Sacred Lands search, NAHC consultation; preparation of Area of Potential
Effects (APE} maps for archaeological and architectural resources with Michael Baker and Caltrans; intensive
pedestrian survey and mapping; preparation of ASR, HPSR, PIR technical reports on behalf of the City of Irvine in
compliance with CEQA. Sub to Michael Baker.
Garden Grove Trail, Caltrans District 12, Garden Grove, Orange County, CA. City of Garden Grove. Principal
Investigator for Archaeology. Cogstone conducted a record search, Sacred Lands File search, Native American
consultations, intensive-level pedestrian archaeological survey, as well as coordination and approval by District 12 of
an APE map for the proposed construction of a bicycle and pedestrian trail. The proposed project intended to allow for
increased walking and biking among adults, families, and children for both transportation and recreation; Sub to
Michael Baker.
Enterprise Canal/State Route 168 Pedestrian Bridge Project, Caltrans District 6, Clovis, Fresno County, CA. City of
Clovis. Principal Investigator for Archaeology. For this local assistance project on behalf of the City of Clovis, the project
involved producing ASR/HPSR technical reports for Section 106 of the NHPA compliance. The City proposed
construction of a pedestrian bridge over State Route 168 to provide direct access to the Clovis Community Hospital
Complex. Cogstone conducted a record search, Sacred Lands File search, Native American consultations, intensive-level
pedestrian archaeological survey, as well as coordination and approval by District 6 of an APE map.
iMffiftffii:fu@l
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Dr. Gust is a Registered Professional Archaeologist (RPA) with over 8 years of
experience in field archaeology and also serves as Cogstone's Lab Manager. He meets
the qualifications required by the Secretary of the Interior's Standards and Guidelines
for Archaeology and Historic Preservation and his field expertise includes pedestrian
surveys, excavation monitoring, resource recording, and historic artifact analysis.
PROJECT EXPERIENCE
Euclid Fueling Station Project, City of Santa Ana, Orange County, CA. Principal
Investigator for Archaeology. Cogstone conducted a cultural resources assessment to
determine the potential impacts to cultural and paleontological resources during the
construction of a convenience store, associated parking, gas station, and
underground fuel storage tank. The assessment was conducted to meet the
requirements of CEQA with the City of Santa Ana acting as lead agency. Cogstone
conducted record searches, a Sacred Lands File Search, an intensive pedestrian
survey, submitted mitigation recommendations, and produced a report. Sub to
Sagecrest Planning+ Environmental.
Heathercliff Malibu Development Project, Malibu, los Angeles County, CA. City of
Malibu. Archaeology Supervisor & Report Author. Cogstone conducted a study to
determine the potential impacts to cultural resources resulting from the construction
of a single residence bounded by Heathercliff Road to the southeast and the Pacific
Coast Highway to the northwest. This study included all information required by the
City of Malibu Archaeology Guidelines. Cogstone conducted a record search, Sacred
Lands File Search, pedestrian survey, and produced an assessment. Sub to ACS Construction.
los Angeles World Airports (LAWA) Terminall.S Project, los Angeles, Los Angeles County, CA. City of Los Angeles.
Archaeology Supervisor & Report Author. Cogstone conducted cultural and paleontological resources monitoring
during the excavations for the construction of a new airport terminal at Los Angeles International Airport (LAX) that
included the construction of a five-story structure with four above-grade levels and one basement level. Cogstone
also conducted archaeological and paleontological Worker Environmental Awareness Program training for all
construction personnel. The City of Los Angeles was the lead agency for the project. Sub to CDM.
Florence Mills Apartments Project, Los Angeles, los Angeles County, CA. City of Los Angeles. Archaeology Supervisor
& Report Author. This project was for the development of affordable and subsidized multi-family apartment buildings
along the Historic Central Avenue Corridor in Southeast LA. Cogstone conducted monitoring of construction activities
associated with excavation of historic-age and modern-age fill, as well as native soils, functions to ensure
archaeological materials not previously exposed would be identified, assessed and impacts mitigated in order to
preserve and/or extract the maximum scientific value of the resource.
Roosevelt Park Regional Stormwater Capture Project, unincorporated area of Florence-Firestone, Los Angeles
County, CA. Archaeology Supervisor & Report Author. Conducted cultural and paleontological monitoring during all
ground disturbing activities in native sediments. This project includes the construction of three diversion structures
and pipelines. Sub to Environmental Advisors.
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References
Pamela Galera
Parks Manager
City of Anaheim
714-765-5155 0
714-781-6847 M
pgalera@anaheim.net
Paul Garcia
Associate Planner
City of San Juan Capistrano
949-443-6327 D
PGarcia@sanjuancapistrano.org
0@@1:$@1
I N T.E R t1 I< T 1 0 N A l..
Cheryl lea
Senior Transportation Analyst
City of Irvine
949-724-7313 0
clea@cityofirvine.org
Kim Zuppiger
Environmental Planner
City of Chino Hills
909-364-2761 D
kzuppiger@chinohills.org
33
Tuan Richardson
Project Manager
OC Parks, Planning & Design Division
949-585-6481 0
714-679-1348 M
tuan.richardson@ocparks.com
Mike Santos, P.E.
Associate Engineer
City of Garden Grove
714-741-5179 D
mikes@ci.garden-grove.ca.us
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Project List
Michael Baker International provided regulatory services to the OC Public Works for
the Peters Canyon Regional Park improvements project. Due to significant
sedimentation within onsite drainages, water flow was unable to reach Peters
Canyon Reservoir thereby creating vector issues. Michael Baker prepared a Resource
Management Plan/Operations and Maintenance Plan for the trail improvements,
which included trail widening, reconstruction, abandonment and construction of
restrooms/additional parking. Through the RMP process, Michael Baker held several
public meetings with adjoining residents, including field visits/site walks. Michael
Baker, working directly with OCPW engineers and park ranger staff, identified
channel and trail improvements to alleviate the sediment issues. Michael Baker
prepared a delineation of jurisdictional waters, site pia ns, and regulatory agency
application for the proposed improvements. Additionally, Michael Baker worked with
the project biologist to secure a Biological Opinion from the US Fish and Wildlife
Service, which confirmed that no impacts to endangered birds would occur as a result
of the proposed improvements. Michael Baker coordinated the onsite mitigation,
which included exotic species removal near the northern portion of the reservoir.
Completed: 2019
OC Parks
Tuan Richardson
949-858-6451
tuan.richardson@ocparks.com
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Michael Baker International assisted the City of Irvine with preparation of an Initial
Study/Mitigated Negative Declaration (15/MND) for the Jeffrey Open Space Trail
(JOST) Extension Project. The proposed project would extend the JOST from Barranca
Parkway to Walnut Avenue, closing an existing trail gap and improving regional
connectivity in the project area. The project would include a lighted Class-1 bikeway
immediately east of Jeffrey Road, as well as a rest area at the intersection of Jeffrey
Road and Barranca Parkway.
Key issues analyzed within the document include land use and property impacts
(affected land owners include Southern California Edison and Irvine Valley College),
biological resources (Waters of the US and State), construction-related air quality and
noise, and hydrology and water quality.
Completed: 2019
"You have consistently demonstrated a strong work ethic and high level of
knowledge of the California Environmental Quality Act {CEQA) and National
Environmental Policy Act (NEPA) in support of several transportation projects
including: University Drive Widening Project Initial Study/Mitigated Negative
Declaration (/5/MND); Freeway Trail Improvement Project and Peters Canyon
Trail improvement Project NEPA Clearance; Jeffrey Open Space Trail (JOST)
Extension and 1-5 Overcrossing CEQA/NEPA clearance; and Jeffrey Road/Irvine
Center Drive Intersection Improvements IS/MND, among others.
We have found that environmenta/documents prepared by Michael Baker
under your direction are consistently well thought out and comprehensive.
Your strong working relationship with Co/trans staff has also contributed to
timely approval of projects."
City of Irvine
Cheryl Lea, Senior Transportation Analyst
949-724-7313
clea@cityofirvine.org
35
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I
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Michael Baker International (Michael Baker) assisted the City of Irvine with the
preparation of a CEQA clearance for the Venta Spur Trail Bicycle and Pedestrian Trail.
The project included a gap closure consisting of a bridge over State Route 133. The
project proposes to provide a Class I bicycle and pedestrian connection of the Venta
Spur Trail across State Route 133 (SR-133) and Marshburn Channel in the City of
Irvine (City). Venta Spur Trail is a major east-west off-street multipurpose trail that
traverses the northern portion of the City, extending approximately 3.5 miles from
Peters Canyon Trail to the Village of Woodbury East at SR-133.
Since the bridge is proposed over SR-133 (a Caltrans facility), Caltrans assumed the
role of CEQA lead agency. Michael Baker prepared the Natural Environment Study-
Minimal Impacts (NES-MI), Noise Technical Memorandum, Phase I Initial Site
Assessment (ISA), Visual Impact Assessment (VIA), Water Quality Technical
Memorandum (WQTM), cultural, and paleontological technical studies. The technical
studies were utilized to support the CEQA documentation prepared for the project.
Completed: 2019
City of Irvine
Cheryl lea, Senior Transportation Analyst
949-724-7313
clea@cityofirvine.org
Miclm;et Baker
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Michael Baker International assisted the City of Long Beach with preparation of
California Environmental Quality Act (CEQA) and National Environmental Policy Act
(NEPA) clearance documentation for the Alamitos Park project. The project included
roadway improvements at and surrounding the intersection of Martin Luther King Jr.
(MLK) Avenue and 7th Street, within the southwestern portion of the City. The
project proposed to vacate a portion of MLK Avenue and convert it into a public park
use. The project utilized Highway Safety Improvement Program (HSIP) funds through
the Federal Highway Administration, and thus required NEPA documentation through
the Caltrans District 7 Division of Local Assistance .
Michael Baker prepared an extensive range of environmental technical
documentation in accordance with the Caltrans Standard Environmental Reference
(SER). This technical analysis pertained to air quality, noise, traffic, hazardous
materials, and cultural resources, and required close consultation with Caltrans staff
to complete the CEQA/NEPA documentation on an expedited schedule.
Completed: 2015
City of Long Beach
Christopher Koontz
562-570-6288
Christopher .koontz@ longbeach.gov
IHTERKATIONill 37
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Mathis Trail Mitigation Site· 1 Aliso VieJo~ ·cA :.. · · · · · · , '"~ · · ·
.. :: • • ., ~ • J
Michael Baker International has been providing professional services for the Mathis
Trail Mitigation Site, located in the sensitive Aliso and Woods Canyon Wilderness
Park. The mitigation site consisted of creating riparian scrub habitat in an area
previously occupied by non-native grassland. The site was a requirement to mitigate
for impacts associated with OC Park's Mathis Seryice Road/Trail Repair Project.
Michael Baker prepared construction drawings for the mitigation site. Michael Baker
biologists, working closely with our landscape architects, designed a native plant
palette appropriate for the habitat type. Michael Baker staff prepared the Riparian
Restoration and Enhancement Plan for the site, and is currently conducting the 5-year
monitoring and reporting. Monitoring includes qualitative ass essments throughout
the year, along with qualitative assessments in the spring. The site is also photo-
documented for progress.
· Completed: 2019
OC Parks
Jennifer Naegele
949-923-3742
jennifer .naegele@ocparks.com
Pre-Construction
Michael Baker
INT E R.NATIOJHU.
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Year 3
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Michael Baker International assisted the City of Irvine with the preparation of
National Environmental Policy Act (NEPA) clearance documentation for the Peter's
Canyon Bikeway Project. The City of Irvine was awarded Federal funding through the
Federal State Transportation Improvement Program (FSTIP), thus requiring NEPA
clearance through the Caltrans Division of Local Assistance.
The project proposed improvements along a 2,150-foot segment of the existing
bicycle and pedestrian trail, located between the railroad tracks and Walnut Avenue;
adjacent to the Harvard Athletic Park. The lighting improvements would include the
implementation of pole-mounted lights installed approximately every 75 feet within
the project site, resulting in the construction of 35 light poles. The proposed project
was intended to reduce air pollutant emissions by encouraging travelers and
commuters to bike to their destinations rather than drive. Implementation of
nighttime lighting would promote bikeway usage in the early morning and evening
hours, with resultant congestion benefits on nearby roadways.
Michael Baker prepared the PES Form and technical studies required to support a
Categorical Exclusion (CatEx) through Caltrans Local Assistance. Technical analysis
prepared by Michael Baker included a Scenic Resources Evaluation and Visual Impact
Assessment to determine any sensitive scenic resources affected within the project
area. The project required cultural resources documentation in compliance with
NEPACiearance
Highlights
• Caltrans Local Assistance
• Preliminary
Environmental Stlldy
Form
• NEPA Categorical
Exclusion
• Federal State
Transportation
Improvement Program
Team Members
• Richard Beck
• Alan Ashimine
• Brad Losey ·
• Molly Valasik
Section 106 of the National Historic Preservation Act. In addition, a Natural Environment Study-Minimal Impact
(NES-MI) report was also conducted by Michael Baker to analyze the potential for any impacts to sensitive
biological resources.
Completed: 2015
City of Irvine
Cheryl Lea, Senior Transportation Analyst
949-724-7313
clea@cityofirvine.org
·~j@lffil:$@j
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Santa Ana River Trail (SART) Phase IV Reaches B and C Project, San Bernardino County
Regional Parks Department and Department of Public Works, City of Redlands and
community of Mentone, San Bernardino County, CA. Cogstone identified the potential
for paleontological resources for the proposed construction of an approximately 3.2
mile long section of the SART on the southern bank of the Santa Ana River between
Orange Street in the City of Redlands and Opal Avenue in the community of Mentone.
The SART is a regional recreational trail; segments of the trail within San Bernardino
County have been constructed in various sections (phases) with projects named
sequentially. The proposed section would begin on the west side of Orange Street in the City of Redlands and
terminate at Opal Avenue near the Redlands city limits. Cogstone conducted a records search, background research,
and a paleontological sensitivity assessment. Sub to ECORP Consulting, Inc. Completed: 2018
San Diego River Trail -Carlton Oaks Golf Course Segment, Cities of San Diego and Santee, San Diego County, CA. The
purpose of this study is to determine the potential effects on cultural and paleontological resources during
construction of a Class I bikeway and related minor physical improvements over an approximately two-mile long
segment. The depth of excavation along the entire bike path was anticipated to be approximately 2.5 feet. The
installation of a retention wall projected approximately five feet of excavation along the east slope of West Hills
Parkway where the bike path will connect to West Hills Parkway. Excavation under the Carlton Hills Boulevard Bridge
for the construction access road was expected to be approximately 3 feet. Cogstone conducted pedestrian surveys,
record searches, background literature research, and produced assessments. San Diego Association of Governments
(SANDAG) acted as the lead agency under the California Environmental Quality Act (CEQA). Sub to Nasland
Engineering. Completed: 2017
Laguna Beach Village Entrance Project, City of Laguna Beach, Orange County, CA
Cogstone conducted an assessment of both cultural and paleontological resou
constraints for the proposed beautification of downtown Laguna Beach. Tasks includ
a literature search to determine the existence of previously recorded cultural resou
(archaeological and built environment resources), a paleontological records search
Native American Consultation (including a Sacred Lands search from the
American Heritage Co mmission, a Pha se I pedestrian survey, and t echnical reports w
appropriate recommendations to avoid or minimize any potentially significant impacts
The study was requested by the City of Laguna Beach to meet their responsibilities a
the lead agency under California Environmental Quality Act (CEQA). Sub to Mi
Baker. Completed: 2017
Garden Grove Trail, Caltrans District 12, City of Garden Grove, Orange County,
Cogstone conducted a record search, Sacred Lands File search, Native America
consultations, intensive-level ped estrian archaeological survey, as well as coordinatio
and approval by District 12 of an APE map for the proposed construction of a bicycl
and pedestrian trail. The proposed project intended to allow for increased walking a
biking among adults, families, and children for both transportation and recreation. Su
to Michael Bake r. Completed: 2016-2017
Michael Baker
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Scope of Work
The work program will be initiated with a formal kick-off meeting with City staff to discuss the project in greater detail.
This initial meeting is vital to the success of the process and will be a key milestone in order to confirm the parameters
of the analysis, the details of construction and proposed buildout conditions, scheduling, and overall communications.
The City's preferred format for the environmental documentation will be requested as part of this meeting. Prior to
the kick-off, Michael Baker will distribute a kick-off meeting agenda and detailed memorandum, which will identify
information needs. Based upon the detailed project information obtained at the project kick-off meeting, Michael
Baker will draft a preliminary project description for review and approval by City staff.
Michael Baker has retained Cogstone Resource Management (Cogstone) to assist with Native American outreach and
consultation for the project, as required under Assembly Bill 52 (AB 52). Cogstone will initiate the required tribal
consultation for the proposed project as required pursuant to AB 52. Cogstone will assist City staff with Native
American government-to-government consultation in accordance with AB 52. Cogstone will utilize the list of tribes
who have requested AB 52 notification from the City, as well as the most current tribal consultation list furnished by
the Native American Heritage Commission (NAHC). From this list, Cogstone will draft letters and maps for submission
to Tribal government contacts, as well as provide the City with instructions for successful AB 52 consultation.
Following preliminary review of project-related information provided by the City, Michael Baker has determined that
technical analysis of several key impact areas will be required as part of the CEQA document. The work program
associated with these detailed technical studies is provided below.
3.1 AIR QUALITY
• Existing Conditions. The project is located within the South Coast Basin (SCAB), which is under the jurisdiction of
the South Coast Air Quality Management District (SCAQMD). Baseline meteorological and air quality data
developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient
air quality.
• Construction-Related Emissions. Construction emissions will be quantified with the California Emissions Estimator
Model version 2016.3.2 (CaiEEMod). · A general description of the major phases of construction and their timing
will be required. The air pollutant emissions during construction will be compared to the SCAQMD regional
thresholds of significance. Naturally occurring asbestos impacts will also be discussed qualitatively.
• Long-Term Emissions. The operational analysis will be qualitatively presented as it is assumed that there will not
be a significant number of post-construction operational trips or area source emissions.
• Localized Emissions. The project is located within the SCAQMD's Source Receptor Area 10 (Pomona/Walnut
Valley). Based on localized meteorological data for SRA 10, Michael Baker will analyze localized impacts based
upon the SCAQMD's Localized Significance Thresholds (LST) methodology.
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• Air Emissions Health Impacts. As a result of the California Supreme Court decision for Sierra Club vs. County of
Fresno (Friant Ranch L.P.), the resultant human health impacts from the project's short-term construction and long
-term operational air emissions will be analyzed.
3.2 ENERGY
Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)
(3) and Appendix G of the CEQA Guidelines. These statutes and guidelines require a project to describe, where
relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix
G of the CEQA Guidelines requires a consistency analysis with state or local plans for renewable energy or energy
efficiency. The analysis will analyze energy consumption associated with short-term construction activities.
3.3 GREENHOUSE GASES
Michael Baker will review the land use data and will prepare an inventory of the greenhouse gas (GHG) emissions (i.e.,
nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources. In
addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory.
CaiEEMod will be used to quantify GHG emissions. The project-related GHG emissions will be assessed against the
appropriate SCAQMD bright-line screening threshold, project-level efficiency threshold, and/or a different threshold in
consultation with the SCAQMD.
3.4 NOISE
• Existing Conditions. The applicable noise and land use compatibility criteria for the project area will be reviewed
and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site.
Existing baseline noise levels will be qualitatively described based on available information, and noise
measurements are excluded from this task.
• Construction-Related Noise and Vibration. Construction would occur during implementation of the proposed
project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used,
length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor,
and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmaxl
and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations.
An analysis of vibration impacts will be based on the Federal Transit Administration's vibration analysis guidance.
• Operational Noise Sources. The operational analysis will be qualitatively presented as it is assumed that there will
not be a significant number of post-construction operational trips or significant sources of noise.
3.5 CUlTURAl RESOURCES
Cogstone will prepare cultural technical documentation for the proposed project. The primary components of this task
consist of the following:
• Research. A California Historical Resources Information System (CHRIS) records search of the project site and a 0.5
-mile radius around it at the South Central Coastal Information Center (SCCIC) located at California State University,
Fullerton, will be conducted. The primary purpose of the records search is to identify any cultural resources known
to exist within or adjacent to the project site. The records search will also reveal the nature and extent of any
cultural resources work conducted within or near the project site.
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• Field Survey. Cogstone will provide an archaeologist who is cross-trained in paleontology to conduct an intensive
pedestrian survey of the entire project area. We assume no cultural resources will require recording or updating on
Department of Parks and Recreation 523 (DPR 523) forms. This task also assumes that no paleontological resources
will be identified.
• Report. Cogstone's key staff will prepare a cultural assessment report. The report will characterize the results of
the records searches, consultation efforts to determine baseline conditions, assess potential impacts to cultural
resources resulting from the project, and make appropriate recommendations to avoid or minimize any potentially
significant impacts.
Potential impacts related to paleontological resources will be addressed qualitatively within the CEQA document, due
to limited ground disturbance and depths of excavation associated with the project.
3.6 BiOLOGICAL RESOURCES
Biological Resources Report
Michael Baker will prepare a Biological Resources Report for the proposed project. Michael Baker will review technical
reports previously prepared for the proposed project and surrounding vicinity, if available, to determine which special-
status biological resources have been documented or are likely to occur on or within the general vicinity ofthe project
site. A database search of the California Department of Fish and Wildlife's (CDFW) California Natural Diversity
Database, the California Native Plant Society Electronic Inventory of Rare and Endangered Vascular Plants of California
listings, and the U.S. Fish and Wildlife Service Information for Planning and Consultation project planning tool and
Critical Habitat online mapper will also be conducted. This will allow Michael Baker to preliminarily identify any special-
status biological resources known to occur in the region. Michael Baker will also review on-site and adjoining soils
using the U.S. Department of Agriculture, Natural Resources Conservation Service Soil Survey, as well as historic/
current aerial photographs and topographic maps, to further assess the ecological changes that the project site has
undergone prior to the proposed project.
Following the literature review, Michael Baker will conduct a habitat assessment/field survey of the project site to
document baseline biological conditions from which to evaluate the site's potential to support special-status plant and
wildlife species, including any special-status vegetation communities. The field survey will be conducted by a qualified
biologist(s) to document the presence/absence of special-status biological resources, or to determine the potential for
occurrence of such resources that may not be readily apparent when the literature review is conducted. Special
attention will be given to undeveloped areas that have a higher potential to provide suitable habitat for special-status
plant and wildlife species, with emphasis on coastal California gnatcatcher (Polioptila californica californica; CAGN}.
Notes will be taken on all plant and wildlife species observed on-site during the field survey. In addition, the location of
any special-status plant and wildlife species and special-status vegetation communities will be mapped, if present on-
----site-. -
Michael Baker will prepare a report to summarize the information and results obtained during the literature review
and field survey, document all plant, wildlife, and vegetation communities observed, and determine the potential for
any special-status species to occur on or within the vicinity of the project site. Site photographs taken during the field
survey and Geographic Information Systems (GIS} figures will be included in the report to further enhance written text
and visually identify specific biological information as it relates to the project site. In addition, the report will provide a
summary of anticipated project-related impacts to biological resources and identify any additional biological surveys
(including focused/protocol surveys}, mitigation measures, and/or regulatory approvals that may be required for the
proposed project.
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Based on a preliminary review of on-site conditions, it is not expected that a Jurisdictional Delineation will be required
for the proposed project, and is excluded from this scope of work. A separate task for California gnatcatcher and
cactus wren (Campylorhynchus brunneicapi/lus) focused surveys is provided below.
California Gnatcatcher and Cactus Wren Surveys
Michael Baker proposes to conduct coastal California gnatcatcher (CAGN) protocol surveys within suitable habitat in an
area encompassing approximately 1.29 miles of proposed improvements to the Canyon Loop Trail and a maximum 500
-foot buffer to be determined based on site topography and on-site vegetation (survey area). The intent of the surveys
would be to determine 1) if CAGN occur in the survey area, and 2) if the project would have the potential to result in
take of CAGN during its implementation. Surveys would follow the 1997 U.S. Fish and Wildlife Service (USFWS)
protocol, Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines. In
addition to conducting surveys for CAGN, Michael Baker would concurrently conduct focused surveys for "coastal"
cactus wren (CACW) following the general survey protocol outlined in Status of the Cactus Wren (Campylorhynchus
brunneicapi/lus) within the Coastal Subregion of Orange County, California (Mitrovich and Hamilton 2007).
Michael Baker's protocol survey effort would be led by a biologist possessing survey permits for both CAGN and CACW,
with one (1) additional biologist at all times for assistance and safety. Because the survey area is not located within a
designated Natural Community Conservation Plan (NCCP) area, a minimum of six (6) CAGN surveys would be required
between March 15 and June 30; the biologists would survey for both CAGN and CACW during the same surveys. These
surveys would be spaced at least one (1) week apart. Surveys would be conducted between 6:00am and 12:00 pm and
would avoid periods of inclement weather in order to maximize bird detectability. Playback of vocalizations would be
used prudently to establish where birds and territory limits are located. All playback would be conducted from existing
trails or existing disturbed off-trail areas; due to topography, vegetation density, surveyor safety, and safety of wildlife
including but not limited to the target species, surveyors would not leave the existing trails/disturbed areas unless
absolutely necessary. Nests would not be intentionally approached, and no nest monitoring is proposed. The number
and age class of target species would be recorded in field notes with corresponding territory numbers. Observed
territories would be numbered and mapped in the field on an aerial map and later digitized in GIS. Limits of mapped
territories would be refined as necessary following each survey to determine where territories are in relation to the
proposed trail improvements.
Following the completion of the survey effort, Michael Baker would provide a letter report to the City of Diamond Bar
documenting specific survey methodology, results, and a discussion of the likelihood of the project to take CAGN and/
or CACW based on presence of coastal sage scrub/cactus scrub or presence of active territories in the project footprint.
Maps of the survey area and of survey results, including mapped territories, would be provided, along with relevant
photos and a comprehensive list of all wildlife species observed during the surveys. The report would include the
methodology and results for both CAGN and CACW together in the same report, and would be submitted to the
USFWS within 45 days of the completion of the surveys, per requirements of the 1997 USFWS survey protocol, as well
as to the California Department of Fish and Wildlife per survey permit requirements.
Resource Management Plan
Utilizing the baseline studies prepared in during CEQA, Michael Baker shall prepare a Resource Management Plan
(RMP) for the City. Prior to starting the main RMP document, Michael Baker shall provide an outline of the RMP for
review and comment. The outline will also include formatting concepts, such as a discussion of graphics, fonts (size
and style) and other formatting requirements (such as chapter tabs, cover, etc.) The RMP shall include:
• Executive Summary: This will summarize and present the RMP's purpose and findings.
• Introduction: This will include a discussion ofthe Park, relevant regulations and relationship to other plans.
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• Existing Conditions: Land Use and physical resources will be included. This chapter will rely heavily on the
baseline studies and tasks previously conducted.
• Goals and Objectives coordinated with the City.
• Public Access and Recreation Plan: This will discuss existing park access, uses and proposed improvements (trails
and trail etiquette, structures, parking, amenities, etc.).
• Public Outreach and Education Program: This section will discuss City staff, signage displays, 'volunteer programs,
etc.
• Fire Management Plan: This section will include a discussion on fire management, using information provided by
the City and current policies, where available.
• Exotic/Invasive Plant Control: This will include the amount of exotics/invasives on-site, including
recommendations for management.
• Trails: This section will discuss existing and proposed trails and recommendations for restoration.
• Biological Monitoring and Management: This chapter will be largely based on the habitat assessment.
• Habitat Mitigation and Restoration: This section will highlight potential mitigation opportunities within the
project site.
• Maintenance and Monitoring: Maintenance activities will be defined, and monitoring recommendations will be
discussed.
• References: Documents will be incorporated by reference and when available, appended to the RMP.
• Graphics, photos, maps, and exhibits will be included to help clarify written text where possible.
4.1 ADMINISTRATIVE DRAFT IS/MND
Michael Baker will prepare an Administrative Draft Initial Study in accordance with the CEQA Guidelines. The Initial
Study will include detailed explanations of all checklist determinations and discussions of potential environmental
impacts. The analysis shall be in accordance with Public Resources Code Section 21080 (c) and CEQA Guidelines
Section 15070.
4.1.1 DEVElOP ENVIRONMENTAL PROJECT DESCRIPTION
A critical initial step will be to accurately define the project description. Based on information provided by the City,
Michael Baker will draft a preliminary project description for review and approval by City staff.
4.1.2 INTRODUCTION
This section will cite the environmental review requirements of the project, pursuant to the CEQA Guidelines. The
Introduction will include the project location, environmental setting, existing uses on-and off-site, the Project
Description (confirmed by City staff in Task 2.1}, project phasing, and relevant background/history information.
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4.1.3 ENVIRONMENTAL CHECKLIST
This section will include a summary page of project information followed by an explanation of factors considered for
potential impacts.
4.1.4 ENVIRONMENTAl ANAlYSIS
The Environmental Analysis sections will provide vital supporting information for the conclusions rendered for the
Environmental Checklist. The Environmental Analysis will be presented in a four-column layout, identifying: (1)
potentially significant impacts, (2) potentially significant impacts unless mitigated, (3) less than significant impacts, and
(4) issues resulting in no impacts. Each topical impact area will be analyzed in detail based upon existing information
or technical analyses described above. The existing environmental setting related to each impact topic will be
provided, and a summary of the project's potential impacts will be discussed. Where necessary, project design
features or mitigation measures will be provided to minimize impacts to a level below significance.
In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the following issues:
• Aesthetics/Light and Glare. This section will characterize the existing aesthetic environment and visual resources
for the site, including a discussion of views within the site and views from surrounding areas. The analysis will
focus on the sensitive viewshed associated with the project site, and impacts of the trail project on the existing
aesthetic character and quality.
• Agriculture Resources. The project area is not designated for agricultural production or forest resources. Thus, the
IS/MND will confirm that there is no effect on agricultural and forest resources.
• Air Quality. Potential short-term construction and long-term operational impacts will be analyzed. Emissions will
be quantified using the latest version of CaiEEMod and compared to SCAQMD thresholds of significance.
• Biological Resources. This section will incorporate the conclusions of the Biological Resources Report prepared by
Michael Bakerfor the project.
• Cultural Resources. As noted above, Michael Baker has retained Cogstone to provide a Cultural Resources Report
and assist the City in performing tribal cultural resources compliance assistance for the proi'Josed project. This
section ofthe IS/MND will incorporate the findings and conclusions provided in the Cultural Resources Report.
• Energy. Short-term construction impacts regard energy resources and consumption are anticipated to be less than
significant. As a trail project, long-term operational impacts are not expected to occur.
• Geology and Soils. The project will be evaluated for its potential to expose people to potential substantial adverse
effects involving fault rupture, strong seismic ground shaking, seismic-related ground failure (i.e., liquefaction),and
landslides.
• Greenhouse Gas Emissions. Project short-term construction greenhouse gas emissions will be estimated using
CaiEEMod and compared to SCAQMD thresholds of significance. As a trail project, long-term operational GHG
impacts are not expected to occur.
• Hazards and Hazardous Materials. The hazardous materials analysis will include a summary of the existing
regulatory conditions and a discussion of the State Cortese Database Listing. Potential accidental conditions during
construction and operations, involving hazardous materials will be analyzed. Project emergency access will also be
considered.
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• Hydrology and Water Quality. The analysis will review existing and proposed hydrology and water quality
conditions, related CEQA guidelines. The analysis will be conducted at a planning level to determine impacts and
propose mitigation measures, if necessary.
• Land Use and Planning. Michael Baker will evaluate the proposed project in consideration of surrounding land
uses and will analyze the relationship of the project to applicable planning policies.
• Mineral Resources. The analysis will note that there is no effect of the project upon mineral resources.
• Noise. Short-term construction analysis will be based on the sensitivity of the a rea, specific construction activities,
and Noise Ordinance specifications. Compliance with applicable noise standards will be evaluated, with
recommended mitigation measures included where appropriate. As a trail project, it is not expected that long-
term operational noise impacts will occur.
• Population and Housing. As a trail facility, the project is not expected to result in any increase in population or
housing. The Initial Study will confirm impacts in this regard.
• Public Services. The discussion of this section will focus on the potential alteration of existing facilities, extension
or expansion of new facilities, and the increased demand on services based on the proposed uses. Data sources
will include readily available documents and contact with affected agencies.
• Recreation. The analysis will address the project's direct and indirect impact on local recreation facilities. As a new
recreational trail facility, the project is anticipated to result in beneficial impacts in this regard.
• Transportation. The proposed trail project would not result in any new trip generation or impacts on the
transportation system. The analysis will be qualitative and will note the beneficial impacts anticipated to occur.
• Tribal Cultural Resources. Cogstone will initiate Native American consultation in accordance with AB 52 and
contact the NAHC. This section will incorporate the findings of the cultural study prepared by Cogstone (see the
Cultural Resource section above) and summarize the conclusions ofthe Native American consultation.
• Utilities and Service Systems. Impacts to existing and planned infrastructure, including water, wastewater, and
solid waste infrastructure, will be evaluated based on utility calculations provided by the Applicant for water
demand, wastewater, and solid waste estimates.
• Wildfire. Michael Baker will coordinate with appropriate City, County, and regional fire agencies and review the
project location in relation to wildfire hazard severity zones or other wildfire hazards and identify any necessary
mitigations.
• Mandatory Findings of Significance. This section will focus on cumulative effects and considerations.
4.1.5 INITIAl STUDY DETERMINATION
The determination page will conclude the appropriate action based upon the Initial Study evaluation.
4.1.6 GRAPHIC EXHIBITS
The environmental document will include a maximum of five (5) exhibits to enhance the written text and clarify the
project and potential environmental impacts.
4.1.7 ADMINISTRATIVE DRAFT INITIAl STUDY
Michael Baker will submit the Administrative Draft Initial Study in PDF format to the City for review. This scope of work
assumes two rounds of review by City staff prior to the 30-day CEQA public review process. Correspondingly, this
scope is limited to two rounds of revisions by Michael Baker in response to City comments.
11\!ffliijii:!IM
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4.2 PUBliC REVIEW DRAFT IS/MND
With a conclusion that no significant environmental effects will occur as a result of implementation of the project, a
Mitigated Negative Declaration (MND) will be prepared.
Following this determination, Michael Baker will prepare the Notice of Intent (NOI) to Adopt and MND for City review.
The NOI and MND will be attached to the IS to fully explain the proposed project and its affects. Five (5) hard copies of
the IS/MND (with all appendices on CD) will be provided for public review. Michael Baker will provide the submittal to
the State Clearinghouse and additional distribution as directed by the City. This task assumes that the City would be
responsible for any radius mailing and/or newspaper noticing required for the project. Michael Baker will be
responsible for posting the NOI at the County Clerk.
Michael Baker will prepare a draft Final 15/MND for City review and approval. Michael Baker will respond to City
comments on the draft final document. The final document will include a purpose subsection, reference the review
process, comments letters received, responses to comments, and any required edits/updates to the Public Review
document. Also included within this task is the Mitigation Monitoring and Reporting Program (MMRP) in accordance
with Public Resources Code Section 21081.6 (AB 3180). Five (5) copies and an electronic file of the FinaiiS/MN D will be
provided to the City. Michael Baker will provide the document to each agency/interested party who submitted a
comment letter during the 30-day public review period.
Due to the unpredictable nature of potential comment letters received during the public review period, this task is
limited to a maximum of twelve (12) hours for Responses to Comments. Additional effort necessary for the Responses
to Comments process (due to a high volume of comment letters, complex issues raised in comment letters, etc.) would
be performed on a time and materials basis.
Michael Baker will prepare the Notice of Determination (NOD) for the proposed project, for City review and approval.
Michael Baker will file the NOD with the County Clerk; however, this task excludes payment of any CEQA filing fees
(e.g., California Department of Fish and Wildlife filing fee).
Consistent with the City's RFP, this task accounts for Michael Baker's attendance at the following meetings:
• One (1) kick-off meeting with City staff.
• Up to three (3) additional meetings with City staff to discuss work program and progress, resolve issues, review
comments on administrative documents and/or receive any necessary direction from City staff.
• Up to three (3} public meetings, which may include a community workshop, a Parks and Recreation Commission
meeting and a City Council Hearing.
Any meetings beyond those identified above can be provided under a separate scope and fee.
This task accounts for three (3} conference calls with City staff to discuss the project status and issues related to the
environmental review process.
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Schedule
The following preliminary schedule applies to the Canyon Loop Trail Project, and assumes authorization to proceed
with the work program in May 2020. A date-specific schedule will be provided within one week of the Kick-Off
Meeting. This schedule assumes that the project description is complete and available prior to or at the time of the
Kick-Off Meeting.
Kick-Off Meeting
Draft Project Description Preparation
City review of Draft Project Description
Michael Baker prepares Administrative Draft Initial Study/MND
City review of Administrative Draft Initial Study/MND
Michael Baker prepares Revised Draft Initial Study/MND
City review of Revised Draft Initial Study/MND
Michael Baker prepares, prints and distributes Draft Initial Study/MND
30-Day Public Review
Michael Baker prepares FinaiiS/MND
City reviews FinaiiS/MND
Michael Baker prepares, prints and distributes FinaiiS/MND
Public Hearings
Ult§@i:!i@i
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Week 1
Week2
Week3
Weeks 3-7
Week 8-9
Week 10-11
Week 12
Week 13
Weeks 14-17
Week 18-19
Week 20
Week 21
TBD
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* ,::iv•t:f(i![;r,~
DIAMONR,J)"~~
Michael Baker will provide the City with the following deliverables:
• AB52 Letter
• One (1) hard copy of all technical studies
• Five (5) hard copies and end electronic copy of the Administrative Draft and Public Review Draft 15/MND
• Electronic copy of the Draft and Final NOI and Distribution List
• Electronic copy of the Draft and Final MMRP
• Electronic copy of the NOD
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Budget Estimate
Canyon !Loop Trail I provement Project Fee
1.0 Kick-Off Meeting 3 ') ·-' 6 $1,755
2;0 NativeAinerlcan Outreach and Consultation 1 $1;353 $1.523
3.,0 TecbnieaLSfl.ldies '0 $0
1 6 20 27 $3685
1 2 8 11 $1565
3,3' Greenhouse Gases I '1 5 14 2.0 $2,795
3.4 Noise . I 1 8 20 29 $4025
3.5 CutturaFResources ' 1 1 $6;338 $6 603
· 3,5 BiotQ.giQ:IIResources 0 $0
Bf()fog'ical Resources Report 1 16 52 69 $9225
California Gnatcatth~r& Gadus Wren Survevs 66 42 108 $113.260
Resource ManagementPian 8 24 33 $4,505
4.0 Draft Environmentai.Document ' 0 $0
4.1 AdminlstratlveDraftlS/MND 0 $0
4.1.1 Develop Environmental Project Description -2. 6 Sl $1;325
4.1.2 lntroductfon ! 1 2 3 $410
4.1.3 Enviror1mellta!C~ecklist 1 4 5 $650
4,.'1A Environmental Ar)afv•sts 12 55 4 74 $9}170
4,1.:5 ·· r!littal studv Determination 4 2 3 $410
·•• 4'.1.6 GraphicExhibits 1 8 9 $1,130
4 .. 1] ·Administrative Draft Initial Study 1 6 12 4 '23 $3,105
2 4 20 4 3.1 $4,310
M FfnalEnvir'ol'lmentai Document 2 4 20 2 29 $4,120
6.0 Attendahc~alMt~~tings 20 20 8 48 $9,660
3 3 ' 6 $1,305
0 $2,200
TOTAL HOURS i .6' 41 t67 317 '14 538
'Percentof TotalLabor(Hours) i 1.1% 760,;(, 3.1.0% 58.S 01o 2.6%
SUBTOTAL LABOR. COSTS I $},920 $10.865 $28,390 $38,040 $1.330 $88,236
TOTAL COSTS (Including Delivera!Jies} $90,436
I : :
PIC=Principal-in-Charge; EM=Environmental Manager; SEA=Senior Environmental Analyst; EA=Environmental Analyst; ADM=Admin
51
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Acceptance of Conditions
CONSULTANT SERVICES AGREEMENT (Non-Design Professionals)
Michael Baker appreciates the opportunity to review the consultant services agreement that the City will use for this
project. Michael Baker is able to accept all conditions listed in the RFP document.
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Scope of Work
Task 1.0 I Kick-Off Meeting
The work program will be initiated with a formal kick-off meeting with City staff to discuss the project in
greater detail. This initial meeting is vital to the success ofthe process and will be a key milestone in order
to confirm the parameters of the analysis, the details of construction and proposed buildout conditions,
scheduling, and overall communications. The City's preferred format for the environmental
documentation will be requested as part oft his meeting. Prior to the kick-off, Michael Baker will distribute
a kick-off meeting agenda and detailed memorandum, which will identify information needs. Based upon
the detailed project information obtained at the project kick-off meeting, Michael Baker will draft a
preliminary project description for review and approval by City staff.
Task 2.0 1 Native American Outreach and Consultation
Michael Baker has retained Cogstone Resource Management (Cogstone) to assist with Native American
outreach and consultation for the project, as required under Assembly Bill 52 (AB 52). Cogstone will
initiate the required tribal consultation for the proposed project as required pursuant to AB 52. Cogstone
will assist City staff with Native American government-to-government consultation in accordance with AB
52. Cogstone will utilize the list of tribes who have requested AB 52 notification from the City, as well as
the most current tribal consultation list furnished by the Native American Heritage Commission (NAHC).
From this list, Cogstone will draft letters and maps for submission to Tribal government contacts, as well
as provide the City with instructions for successful AB 52 consultation.
Task 3.0 1 Technical Studies
Following preliminary review of project-related information provided by the City, Michael Baker has
determined that technical analysis of several key impact areas will be required as part of the CEQA
document. The work program associated with these detailed technical studies is provided below.
3.1 AIR QUALITY
• Existing Conditions. The project is located within the South Coast Basin (SCAB), which is under
the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Baseline
meteorological and air quality data developed through the California Air Resources Board (CARB)
will be utilized for the description of existing ambient air quality.
• Construction-Related Emissions. Construction emissions will be quantified with the California
----E.missionS-Estlrn<:~tor-Model version 2016 3 2 ~CaJEEMo.cJ.)..._ AgeneraLdescription of the majn""r __ _
----phases of-construction and their timing-will be -required. The air pollutant emissions during
construction will be compared to the SCAQMD regional thresholds of significance. Naturally
occurring asbestos impacts will also be discussed qualitatively.
• Long-Term Emissions. The operational analysis will be qualitatively presented as it is assumed
that there will not be a significant number of post-construction operational trips or area source
emissions.
• Localized Emissions. The project is located within the SCAQMD's Source Receptor Area 10
(Pomona/Walnut Valley). Based on localized meteorological data for SRA 10, Michael Baker will
analyze localized impacts based upon the SCAQMD's Localized Significance Thresholds (LST)
methodology.
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• Air Emissions Health Impacts. As a result ofthe California Supreme Court decision for Sierra Club
vs. County of Fresno (Friant Ranch L.P.}, the resultant human health impacts from the project's
short-term construction and long-term operational air emissions will be analyzed.
3.2 ENERGY
Michael Baker will analyze the energy implications of the project pursuant to Public Resources Code
Section 21100(b)(3) and Appendix G of the CEQA Guidelines. These statutes and guidelines require a
project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy
caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistency analysis with
state or local plans for renewable energy or energy efficiency. The analysis will analyze energy
consumption associated with short-term construction activities.
3.3 GREENHOUSE GASES
Michael Baker will review the land use data and will prepare an inventory of the greenhouse gas (GHG)
emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile
sources) and indirect sources. In addition, total GHG emissions from construction activities will be
amortized into the GHG emissions inventory. CalEEMod will be used to quantify GHG emissions. The
project-related GHG emissions will be assessed against the appropriate SCAQMD bright-line screening
threshold, project-level efficiency threshold, and/or a different threshold in consultation with the
SCAQMD.
3.4 NOISE
• Existing Conditions. The applicable noise and land use compatibility criteria for the project area
will be reviewed and noise standards regulating noise impacts will be discussed for land uses on
and adjacent to the project site. Existing bas_eline noise levels will be Ql,J?,Iitatively described based
on ay.9_il9ble information, and noise measurements are excluded from_ this task.A-5-i-te-v+&~t-wi.J.I-ee
cBn-du£ted,-~4eft~fev-e.f.-FA-ett&ti~l .. b-e-ta·keFt·-a-i-e-Hg·~ .. :r..f.+e
nBi&e .. rnonitoFing survey-w+J.l-be-€EH:rdu€te-d--at-·Hfi-t0-twB-5€f"arate .. foc-at+Ofts te establisR baseline
HBise levels in tr~€€t are a. N&ise·Fet:or0if1.g-leR-gtl'f£ .. aH~-tttttkipated-·~B-re quire a 19Pf&xlrna~ly
10-rninutesat .. each locatieA. +his scofH:'...e-x-du~r-r:n-{~eur..)-FReasuremen~s.
• Construction-Related Noise and Vibration. Construction would occur during implementation of
the proposed project. Noise impacts from construction sources will be analyzed based on the
anticipated equipment to be used, length of a specific construction task, equipment power type
(gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The
cons-truction noise impacts will be evaluated in termsol maximumlev-eTS (Lm,) and hour'ly __ _
equivalent continuous noise levels (l.,q)andthe frequency-6foccurrence at adjacent sensitive
locations. An analysis of vibration impacts will be based on the Federal Transit Administration's
vibration analysis guidance.
• Operational Noise Sources. The operational analysis will be qualitatively presented as it is
assumed that there will not be a significant number of post-construction operational trips or
significant sources of noise.
3.5 CULTURALfAAlEONTOlQGIGAb RESOURCES
Cogstone will prepare cultural and paleontological resources technical documentation for the proposed
project. The primary components of this task consist of the following:
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• Research. A California Historical Resources Information System (CHRIS) records search of the
project site and a 0.5-mile radius around it at the South Central Coastal Information Center (SCCIC)
located at California State University, Fullerton, will be conducted. The primary purpose of the
records search is to identify any cultural resources known to exist within or adjacent to the project
site. The records search will also reveal the nature and extent of any cultural resources work
conducted within or near the project site. A paleontological records search will also be performed
'•'>'ith the Natural History Museum of los Angeles County.
• Field Survey. Cogstone will provide an archaeologist who is cross trained in paleontology to
conduct an intensive pedestrian survey of the entire project area. We assume no cultural
resources will require recording or updating on Department of Parks and Recreation 523 (DPR
523) forms. This task also assumes that no paleontological resources will be identified.
!._ __ Report. Cogstone's key staff will prepare a combined cultural and paleontological resources
assessment report. The report will characterize the results of the records searches, consultation
efforts to determine baseline conditions, assess potential impacts to cultural and paleontological
resources resulting from the project, and make appropriate recommendations to avoid or
minimize any potentially significant impacts.
Potential impacts related to paleontological resources will be addressed qualitatively within the CEQA
document, due to the limited ground disturbance and depths of excavation associated with the project.
3.6 BIOLOGICAL RESOURCES
Biological Resources Report
Michael Baker will prepare a Biological Resources Report for the proposed project. Michael Baker will
review technical reports previously prepared for the proposed project and surrounding vicinity, if
available, to determine which special-status biological resources have been documented or are likely to
occur on or within the general vicinity of the project site. A database search ofthe California Department
of Fish and Wildlife's (CDFW) California Natural Diversity Database, the California Native Plant Society
Electronic Inventory of Rare and Endangered Vascular Plants of California listings, and the U.S. Fish and
Wildlife Service Information for Planning and Consultation project planning tool and Critical Habitat online
mapper will also be conducted. This will allow Michael Baker to preliminarily identify any special-status
biological resources known to occur in the region. Michael Baker will also review on-site and adjoining
soils using the U.S. Department of Agriculture, Natural Resources Conservation Service Soil Survey, as well
as historic/current aerial photographs and topographic maps, to further assess the ecological changes that
the project site has undergone prior to the proposed project.
Following the literature review, Michael Baker will conduct a habitat assessment/field survey of the
--- ------------------ -------
project site to document baseline biological conditions from which to evaluate the site's potential to
- - --------
support special-status plant and wildlife species, including any special-status vegetation communities. The
field survey will be conducted by a qualified biologist(s) to document the presence/absence of special-
status biological resources, or to determine the potential for occurrence of such resources that may not
be readily apparent when the literature review is conducted. Special attention will be given to
undeveloped areas that have a higher potential to provide suitable habitat for special-status plant and
wildlife species, with emphasis on coastal California gnatcatcher (Polioptila californica californica; CAGN).
Notes will be taken on all plant and wildlife species observed on-site during the field survey. In addition,
the location of any special-status plant and wildlife species and special-status vegetation communities will
be mapped, if present on-site.
Michael Baker will prepare a report to summarize the information and results obtained during the
literature review and field survey, document all plant, wildlife, and vegetation communities observed, and
3.7.a
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determine the potential for any special-status species to occur on or within the vicinity of the project site.
Site photographs taken during the field survey and Geographic Information Systems (GIS) figures will be
included in the report to further enhance written text and visually identify specific biological information
as it relates to the project site. In addition, the report will provide a summary of anticipated project-
related impacts to biological resources and identify any additional biological surveys (including
focused/protocol surveys), mitigation measures, and/or regulatory approvals that may be required for
the proposed project.
Based on a preliminary review of on-site conditions, it is not expected that a Jurisdictional Delineation will
be required for the proposed project and is excluded from this scope of work. An optional task for
performance of California gnatcatcher focused surveys is provides below unEler Task 9.0, Option,::H~fj
separate task for Californi'!_lifl<:Jtcatcher and cactus vy_[.QE (Came,'i_/orh'f..nchus brun[]Q{r;..,qpiL{1J§_LfrJCused
3_\dr.Y..eys is provided beloYY.,.
Ca!ifomla Gnatcatcher and Cactus Wren Surveys
Michael Baker proposes to conduct coastal Californj_S!__gnatcatcherJ~,L\GN) proto~QI_surveys within suitable
habitat in an area encompassing approximately 1.29 miles of proposed improvementstothe Canyon Loop
Trail a_r1d a maximum 500cfoot buffer to be determin~:d based on 0ite topography and on-site vegetation
(survey area). The intent ofthesurveys would b§: to determine 1) if CAGN occur in the survey area, and 2)
if the project would have the potential to result in take of CAGN during its implementation. Surveys woulg
followthe 1997U.S. Fish and Wildlife Service (USFWS) protocol, Coastal California Gnatcatcher (Polioe,tila
ca/ifornica ca/ifornica) Presence/Absence Survey Guidelines. In addition to conducting surveys for CAGN,
Michael Baker would concurrently condu_ct focused surveys for "coastal" cactus wren (CACW) following
the general survey protocol outlined in Status of the Cqctus Wren (Came.'L.lorhynchus brunneicae.illus)
withfnthe CoastalSubreqion of Orange County, California (Mitrovich andHamilton2007).
Michael Baker's protocol survey effort would be led by a biologist possessing survey permits for both
CAGN and CACW, with one (1) additional biologist at all times for assistance and safety. Because the
survey area is not located within a designated Natural Community Conservation Plan (NCCP) area, a
minimum of six (6) CAGN surveys would be required between March 15 and June 30; the biologists would
survey for both CAGf\l and CACW during the same surveys. These surveys would be spaced at least one (1)
week apart. Surveys would be conducted between 6:00am and 12:00 prn and would avoid periods of
inclement weather in order to maximize bird detectability. Playback of vocalizations would be used
prudently to establish where birds and territory limits are located. All playback would be conducted from
existing trails or existing disturbed off-trail areas; due to topography, vegetation density, surveyor safety,
and safety of wildlife including but not limited to the target species, surveyors would not leave the existing
... u ____ Trails19lsturbed areas antes:;-crbsolutely ne-cessary. Nests-would not·b·e-intentionalty-a-pproached,-and n,,..,----~---~~
nest monitoring is proposed. The numberan-dageclass of targetspecie~would be recorded in field notes
with corresponding territory_ numbers. Observed territories would be numbered and mapped in the field
on an aerial map and later digitized in GIS. Limits of mapped territo_rj~-~~_would be refined as necessary
followio_g each '?_LJJYE:vJO determine where t~o:LtQIL~.:;_are in relation.tgtb~Jlf_Qpose.9 trail improvements.
Following ths: complgtion of the survey effor_t"--~licJJEt_el Baker WQ~,Jid.Provide a letter report to the City of
Diamond Bar docun)enting specific survey metho_gglogy, results, <JQd a disc_LJ_S..~i91l9J the likelihood of the
project tg take CAG~~ and/or CACW based on presence of coastal sage scrub/cactus scrub or presence of
active territories in the proiect footprint. Maps of the survey area and of survey results, including mapped
territories, would be provided, along with relevant photos and a comgrehensive list of all wildlife species
observed during the surveys. The report would include the methodology and results for both CAGN and
CACW together in the same report, and would be submitted to the USFWS within 45 days of the
3.7.a
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compl~tion of JD~ surveys, per requiremeots of the 1997 USFWS suryg'{.J:)rotocol, as well as to the
California Department of Fish and Wildlife per survey permit requirements,
ReSOill.f_e Managem!!nt Plan
Utilizing the baseline studies prepared in.during CEQA, Michael B~li~er shall preQare a Resource
Management Plan (RMP) for the City. Prior to starting the main RMP document, Michael Baker shall
provide an outline of the RMP for review and comment The outline will also include formatting concepts,
such as a discussion of graphics, fonts (size and style) and other formatting requirements (such as chapter
tabs, cover, etc.) The RMP shall include:
" Executive Summary: This will summarize and present the RMP's purpose and findings.
• Introduction: This will include a discussion of the Park, relevant regulations and relationship to
other plans.
• Existing Conditions: Land Use and physical resources will be included. This chapter will rely
heavily on the baseline studies and tasks pr-eviously conducted.
• Goa!S.f!!Jd Objectives coordinated with the Cl.tY.,
!__]!_y_blic Acs:gss and Recreation Plan:..~f.bis wli I discuss existlD..E.....Q.a rk acs:f:.~~ses and Qroposf:_Q
imprgvemen.ts (trails and trail QJ[g_~,JgtJgL.s.tructures, parking,arnenLt.Les, etc.1
• Public Outreach and Education Program: This section will discuss City staff, signage display:;~
volunteer programs, etc._
• Fire Management Plan: This section will include a discussion on fire management, using
information provided by the City and current policies, where available.
• Exotic/Invasive Plant Control: This will include the amount of exotics/invasives on-site, including
recommendations for management.
• Trails: This section will discuss existing and proposed_trails and recommendations for restoration,
• Biological Monitoring and Management: This chapter will be largely based on the habitat
!. ....... HCJ_I:Jftg_t!J(l.[Y.ggJl.Qn ancf_f? e§lQ ration: IhJs..?..~r;:t ion IA'.iJ.LhJgi}ligJJtPP!~nt.L?i fTiilli@!L9.JlQ.P port unities
withinJlJ~project site.
• Maintenance and Monitoring: Maintenance activities will be defined, and monitoring
recommendations will be discussed.
• References: Documents will be incorpor?J~s:j by referens,:gjl]JQ ___ when available, appended to th_"~
RMP.
• Graphics, photos, maps, and exhibits will be included to help clarify written text where possible.
Ta~k 4.0 L'?.~aft Environmental Document
--------------
4.1 ADMINISTRATIVE DRAFT IS/MND
Michael Baker will prepare an Administrative Draft Initial Study in accordance with the CEQA Guidelines.
The Initial Study will include detailed explanations of all checklist determinations and discussions of
potential environmental impacts. The analysis shall be in accordance with Public Resources Code Section
21080 (c) and CEQA Guidelines Section 15070.
4.1.1 DEVELOP ENVIRONMENTAL PROJECT DESCRIPTION
A critical initial step will be to accurately define the project description. Based on information provided
by the City, Michael Baker will draft a preliminary project description for review and approval by City staff.
4.1.2 INTRODUCTION
3.7.a
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This section will cite the environmental review requirements of the project, pursuant to the CEQA
Guidelines. The Introduction will include the project location, environmental setting, existing uses on-
and off-site, the Project Description (confirmed by City staff in Task 2.1L project phasing, and relevant
background/history information.
4.1.3 ENVIRONMENTAL CHECKLIST
This section will include a summary page of project information followed by an explanation of factors
considered for potential impacts.
4.1.4 ENVIRONMENTAL ANALYSIS
The Environmental Analysis sections will provide vital supporting information for the conclusions
rendered for the Environmental Checklist. The Environmental Analysis will be presented in a four-column
layout, identifying: (1) potentially significant impacts, (2) potentially significant impacts unless mitigated,
(3) less than significant impacts, and (4) issues resulting in no impacts. Each topical impact area will be
analyzed in detail based upon existing information or technical analyses described above. The existing
environmental setting related to each impact topic will be provided, and a summary of the project's
potential impacts will be discussed. Where necessary, project design features or mitigation measures will
be provided to minimize impacts to a level below significance.
In accordance with Appendix G of the CEQA Guidelines, this section includes a detailed review of the
following issues:
• Aesthetics/Light and Glare. This section will characterize the existing aesthetic environment and
visual resources for the site, including a discussion of views within the site and views from
surrounding areas. The analysis will focus on the sensitive viewshed associated with the project
site and impacts of the trail project on the existing aesthetic character and quality.
• Agriculture Resources. The project area is not designated for agricultural production or forest
resources. Thus, the IS/MND will confirm that there is no effect on agricultural and forest
resources.
• Air Quality. Potential short-term construction and long-term operational impacts will be
analyzed. Emissions will be quantified using the latest version of CaiEEMod and compared to
SCAQMD thresholds of significance.
• Biological Resources. This section will incorporate the conclusions of the Biological Resources
Report prepared by Michael Baker for the project.
• Cultural Resources. As noted above, Michael Baker has retained Cogstone to provide a Cultural
Resources Report and assist the City in performing tribal cultural resources compliance assistance
· for fne proposed proJect Thissection-oHhe-IS7MND wrll rncorpoh:lte the finaitlgsanaconcluslons-
provided in the Cultural Resources Report.
• Energy. Short-term construction impacts regard energy resources and consumption are
anticipated to be less than significant. As a trail project, long-term operational impacts are not
expected to occur.
• Geology and Soils. The project will be evaluated for its potential to expose people to potential
substantial adverse effects involving fault rupture, strong seismic ground shaking, seismic-related
ground failure (i.e., liquefactionL and landslides.
• Greenhouse Gas Emissions. Project short-term construction greenhouse gas emissions will be
estimated using CaiEEMod and compared to SCAQMD thresholds of significance. As a trail project,
long-term operational GHG impacts are not expected to occur.
3.7.a
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• Hazards and Hazardous Materials. The hazardous materials analysis will include a summary of
the existing regulatory conditions and a discussion of the State Cortese Database Listing. Potential
accidental conditions during construction and operations, involving hazardous materials will be
analyzed. Project emergency access will also be considered.
• Hydrology and Water Quality. The analysis will review existing and proposed hydrology and
water quality conditions, related CEQA guidelines. The analysis will be conducted at a planning
level to determine impacts and propose mitigation measures, if necessary.
• Land Use and Planning. Michael Baker will evaluate the proposed project in consideration of
surrounding land uses and will analyze the relationship of the project to applicable planning
policies.
• Mineral Resources. The analysis will note that there is no effect of the project upon mineral
resources.
• Noise. Short-term construction analysis will be based on the sensitivity of the area, specific
construction activities, and Noise Ordinance specifications. Compliance with applicable noise
standards will be evaluated, with recommended mitigation measures included where
appropriate. As a trail project, it is not expected that long-term operational noise impacts will
occur.
• Population and Housing. As a trail facility, the project is not expected to result in any increase in
population or housing. The Initial Study will confirm impacts in this regard.
• Public Services. The discussion of this section will focus on the potential alteration of existing
facilities, extension or expansion of new facilities, and the increased demand on services based
on the proposed uses. Data sources will include readily available documents and contact with
affected agencies.
• Recreation. The analysis will address the project's direct and indirect impact on local recreation
facilities. As a new recreational trail facility, the project is anticipated to result in beneficial
impacts in this regard.
• Transportation. The proposed trail project would not result in any new trip generation or impacts
on the transportation system. The analysis will be qualitative and will note the beneficial impacts
anticipated to occur.
• Tribal Cultural Resources. Cogstone will initiate Native American consultation in accordance with
AB 52 and contact the NAHC. This section will incorporate the findings of the cultural study
prepared by Cogstone (see the Cultural Resource section above) and summarize the conclusions
of the Native American consultation.
• Utilities and Service Systems. Impacts to existing and planned infrastructure, including water,
wastewater, and solid waste infrastructure, will be evaluated based on utility calculations
provided by the Applicant for water demand, wastewat~and solid waste estimates. -----
• ... Wiidjire. Michael Baker will coordina'fewlt:h appropriate City, County, and regional fire agencies
and review the project location in relation to wildfire hazard severity zones or other wildfire
hazards and identify any necessary mitigations.
• Mandatory Findings of Significance. This section will focus on cumulative effects and
considerations.
4.1.5 INITIAL STUDY DETERMINATION
The determination page will conclude the appropriate action based upon the Initial Study evaluation.
4.1.6 GRAPHIC EXHIBITS
3.7.a
Packet Pg. 243
The environmental document will include a maximum of five (5} exhibits to enhance the written text and
clarify the project and potential environmental impacts.
4.1.7 ADMINISTRATIVE DRAFT INITIAL STUDY
Michael Baker will submit the Administrative Draft Initial Study in PDF format to the City for review. This
scope of work assumes two rounds of review by City staff prior to the 30-day CEQA public review process.
Correspondingly, this scope is limited to two rounds of revisions by Michael Baker in response to City
comments.
4.2 PUBLIC REVIEW DRAFT 15/MND
With a conclusion that no significant environmental effects will occur as a result of implementation of the
project, a Mitigated Negative Declaration (MND) will be prepared.
Following this determination, Michael Baker will prepare the Notice of Intent (NOI) to Adopt and MND for
City review. The NOI and MND will be attached to the IS to fully explain the proposed project and its
affects. Five (5} hard copies of the IS/MND (with all appendices on CD) will be provided for public review.
Michael Baker will provide the submittal to the State Clearinghouse and additional distribution as directed
by the City. This task assumes that the City would be responsible for any radius mailing and/or newspaper
noticing required for the project. Michael Baker will be responsible for posting the NOI at the County
Clerk.
Task 5.0 1 Final Environmental Document
Michael Baker will prepare a draft FinaiiS/MND for City review and approval. Michael Baker will respond
to City comments on the draft final document. The final document will include a purpose subsection,
reference the review process, comments letters received, responses to comments, and any required
edits/updates to the Public Review document. Also included within this task is the Mitigation Monitoring
and Reporting Program (MMRP} in accordance with Public Resources Code Section 21081.6 (AB 3180}.
Five (5) copies and an electronic file of the FinaiiS/MND will be provided to the City. Michael Baker will
provide the document to each agency/interested party who submitted a comment letter during the 30-
day public review period.
Due to the unpredictable nature of potential comment letters received during the public review period,
this task is limited to a maximum of twelve (12} hours for Responses to Comments. Additional effort
necessary for the Responses to Comments process (due to a high volume of comment letters, complex
issues raised in comment letters, etc.) would be performed on a time and materials basis.
Mich-ael Baker will-prepare the Noticeot-Determination--(-NOD} for-th-e-pr-oposed prcrj~et,for Cityrev+ew
and approval. Michael Baker will file the NOD with the County Clerk; however, this task excludes payment
of any CEQA filing fees (e.g., California Department of Fish and Wildlife filing fee).
Task 6.0 1 Attendance at Meetings
Consistent with the City's RFP, this task accounts for Michael Baker's attendance at the following
meetings:
• One (1} kick-off meeting with City staff.
• Up to three (3) additional meetings with City staff to discuss work program and progress, resolve
issues, review comments on administrative documents and/or receive any necessary direction
from City staff.
3.7.a
Packet Pg. 244
• Up to three (3) public meetings, which may include a community workshop, a Parks and
Recreation Commission meeting and a City Council Hearing.
Any meetings beyond those identified above can be provided under a separate scope and fee.
TASK 7.0 I Check-In Calls
This task accounts for three (3} conference calls with City staffto discuss the project status and issues
related to the environmental review process.
TASK 8.0 I Deliverables
Michael Baker will provide the City with the following deliverables:
• AB52 Letter
• One (1) hard copy of all technical studies
• Five (5) hard copies and end electronic copy of the Administrative Draft and Public Review Draft
IS/MND
• Electronic copy of the Draft and Final NOI and Distribution List
• Electronic copy ofthe Draft and Final MMRP
• Electronic copy of the NOD
TASK Q.O I Optional Tasks
9.1 OPTIONAl TASK FOR BOTH TRAil PROJECTS RESOURCE MANAGEMENT PlAN
+he-budget for this task weuJtJ ... .J:te .. -de:fined upon EGefffiflil-HeH with the City as some sections can w
adjusted. ~t..flizing the baseline studies prepared in-during CEQA, Mkh~ker-sh.all prepare an RMP t:er
the-Gi~-lti&reEBfllrnended that one RMP be-prepa+ed, covering Bz+t.J.t .. ~,......f2fjor to starting tl:le main
-RMJ2do€-ume++t1-Michael Baker shall provide-aHB-tl.fl.i.Ae oftFie RIVIP f.or revievv and comment +Fie outline
wi.fl-a.lsB inelude for+H·atting concepts, sucFI .as-;:~ .. discussion of grapAics, fo.H:ts (size and style) and other
t:efmatting require+nents (such as chapter tabs, cove-~a+J include:
• ········Executive Summery: +his 'Nil I summarize <Jnd present th&-RMP's purpose and t:indings.
IRtreduEtfen: This will include a discussion of the Park, relevant regulations and relationship to
other plans.
fx.'st!Rg CaRfl.it!ens: Land Use and f3Ay<sical resources •.viii be included. This chapter will rely
h-eavily OO=t-he-b-aselin-estudies andta-s*&fl£C¥io-us-l¥ conducted. __ _
Gaels aRe ObjeEtives ceoFEI+nated-with the City.
Public Aeces.s and Recreation Plan: This will· discuss e>dsting park access, uses and proposed
improvements (trails and trail etiquette, structl:+fe&;-parking, amenities, etc.)~
.... Pub!ic Outr:e<Jch aRe ftiuEetion Progr:am: This section will disc-uss Citv staff, signage display&;
vo+!:tflteer--j9ffig rams, etc .
...... J7ire Management Pkm: +his section wiil include a discussion on fire management, using
information provided by the City and current policies, v;here availab-le-,
• Exotic/~e PlaRt [{'JRtrot: This will inEJ.ude the amount of exotics/invasives on site, including
fCE{)mmendations for management.
• Tre#s; fhis section will diseuss eJ<isting and propGSed trails and recommendations for restoration.
• BialogiceJ MaRftoring ami Management: T-h+s-€l+apter will be .largely based-on the habita-t:
a-&5€5-Sfl'\Bftt.
3.7.a
Packet Pg. 245
~ Hah!tflt M!tfgetieR fJREI RestorotieR: This section will highlight potential mitigation oppoFtunities
within the project site.
• M&intenaRGe Etl'ld McmftoriRg; Maintenance activities will be defined, and nton+tef.ffig
recommendations v-iill be discussed.
• RGjeroRGes: Doc~e-incorporatea-oy-reference Gfid-when available, appended to the
R-MP-,
• GraphiG51 phetos1 maps; and exhihits 'JV!II be included to help clarify written text vvhere possible.
9,2 OPTIONAl +ASK fOR GANYON lOOP +RAIL-CAUt:ORNIA GNATCATCHER AN-~
~
If surveys are reEjuired by the U.~. Fish and Wildlife Service (USFWS), Michael. Baker proposes to conduct
coastal California gnatcatcher (CAGN) protocol surveys within suitable habitat in an a-r:ea--e-ncompassing
apprmdmately-1.29 miles of p~vements to the Canyon Loop Tra+hmd a maximum 500 foot
buffer to be determined based on site topography and on site vegetation (survey-area). The-+Atent-e.f
the surveys would be to determine 1) if CAGN occur in the survey area, and 2) if the project \vould have
the potentialtoresult in take qfCAGN during itsimplementation. Survevs v;ou.ldfollow the 1997§
fish and V\lilglifeService (USFvVS1 protocoi,.Coctsta/ Ca!ifoinlaGnatcatcher(Po14oqtita califomica
califomica) Presence/llbsence Survey G(;Jidelines; In addition to.qonducting surveys for CAGN, Michael
Bakenvould concurrentlvconduct focused surveys for "coastal" cactus 'Nren (CI\CW) follo'.ving the
general survey protocoloutlined in Status o(ihe Cactus Wren (Campy!orhvnchus brynneicapillus) wlthia
the Coasta!Subreqiqn o{Oranqe County, California {Mitroyiqh and Hamilton 2007).
Michael Baker's protocol survey effort v10uld be led bv a CAGN pe-rm-itted biolog+st-gesses§ing surve-y
permits for both CAGN and-(;~e-f.±}-additionai-B+olegist at all tirn<~·fer assistance? and safetv.
Because the survev area is+te:t-located 'Nithin-a-designatedN-a+ural Commun+ty--Gonservation-Piaf1 (NCCP)
area, a minim-um of six (6) ~surveys would be required-Between March B-and June 30F-the-13iQ!B-g+st&
yvould suFvey for both CI\GN and CAC\Jil during the same surveys. These surveys vvould be spaced at least
one (1) 1neek apart. Surveys >.vould be conducted bet~-:00 pm and would avoid periods
of inclement weather in order to maximize bird detectability. Under the survey protocol, no more than 8G
acres can-fte-&urveyed per day, requiring that the survey effort take t•.vo (2) -8-a-ys-each round--becau-5€-t-hB
total acreage of the estimated survey area is approximatclv 88 acres and, based on aer+&l-irnagery in
Go ogle EaFt-hTt he am o u nt-ef-habrtat-t.fH:te...st!PJey~-t-ake-!Hn ge r than -o-f1€-t!,a y to a El e q u ately-5tff¥Cy,
~k of CAGN-vocaliz.at:ie-ns wetild-13€-used prudeffily-w-e-stafll+sh-where birds-and-tef.Fitory limits-afe
.fet~affi.a.ekc-wotild be conducted from e*istiHg-:tr..a#s-Bf-e-i(f.s.trng=.d+s-t:ttF-BeG-off-tfail areas; due-te
ffl@9graiJhYL vegetatfon.-densitv, SHfve.ye-r safetv, af'Kk.af~!tfe-+nqluding btJt Rot Jimitqd to t-he
targe-t:&!?etits,-&urveyo rs w Oi::tfd not I eave the-ex-isting tra i I sfffiS:t.u r bed a rea&tinfe&s-abso+t+tely-nece&sary.,
Ne&ts--we-uld--not--lae intentioAal-!y--a~ed~-mon+t-oring is proposed. The nu+niJeF-art€1-a-ge
&1-a-&s--ef..any CAGP>JtaFge-t--~-be-Fecorde£1.-i-n--f~eld notes wit-h--rorresponding territory number-&:
G135er-ved-terffio.fje-s-would be numbered-and mapped-+n the field on-a-n aerial mapan-d-1-a~-d--iR
G!S.-limits of mawe-Dterritories wouk:J-be refined a5-fle€€ssary following each surveyt:s determine w-here
teHitef-ie-s are-iHre lati on te-tite-pr-e~l'-ail-+r+t-pfG-vements,
Followingt-he--rompletion oftf:te-survey effo41-Mkhael Bakn-would provide a-letter report to-tf:te~
f+iamond Bar Elocumenting specifie Sl;!!'Vey methodology, Fesults, and a discussion of t!:le likelihooEl o:f the
project to take CAGN and/or CAOA/ based on presence of coastal sage scrub/cactus scrub or presence of
active territories in the projectfootprint. Maps of the survey area and of survey results, including mapped
territories, w-ouid be provi-d€€1, along •.vith r-elevant photos-art£1-a-GOmprehenslve list of all wildlife species
observed during-the survey-s-,-Tf;e report would--}ncluEle the r:nethodology aR-El-re-&ults for both CI\GN and
3.7.a
Packet Pg. 246
GAc;vv toggther in the same report, and V<(Qylg also be submitted to the USWlS within 45 days of the
completion of the surveys, f'JCF rgquirement~f the 1997 USFVVS survey protocol, as vvell as to the
Gglifom!g Deportment of Fisl:hmd Wildlife per survgy pgrmit ~tEJUiremeot§.
~9r.!.ai---01d'¥-P++I~-t0fl'p;'+~Jft~.b::--t+-RA~S"""K~f0~R"""'!S~ft~,~::tW~~~Tt:::o.N~E~C=t.ft~,~!::'Y~O~i'~J=lt:!·R~t~\l::!=l~"""C<rll'~.b::-H"IP:ORNIA Gl\lA+CATCHER
SURVEYS
If surveys are required by the U.S. Fish and \Nildlife Service (USFWS), Michael Baker proposes to conduct
C/\GN protocol surveys \.Vithin suitable habitat in an area encompassing apprmdmately 0.70 mile of
proposed improvements and new trail to the Sandstone Car-+y0n Trail and a 500 foot buffer (survey area).
The intent of the surveys ~be to determine 1) if CAGN occur in the survey-a-rea, and 2Hf the project
weuld have the potential to result in ttrke of CAGNflu+ing its implementation. Surveys would follow the
±997 USFWS protocol, Coastal California Gnatcatcher (Polioptila californica califorAica) Presence/Aesence
Survey Guidelines.
Michael Baker!-s-protocol SlfFV€Teffort wou-ltl--be-led by a CA&~-permitted bio+egist with one (1) af'lzlitional
biologist at all times for assjstance and safety. Because the surv-ey area is not leGated within a de-signated
~atural Commwnity Conservation Plan (~CCP) area, a minimum of silc (6) surt'eys would be required
bet\veen March 15 and June 30. These surveys would be spaced at least one (1) •.veek apart. Surveys •.vould
be conducted between 6:00am an~ pm ancJ...w.Bul.d avoid periods of inclement weather in order to
mal<imize-&iftl-€letectability. TFK' eAtire sur~ered in one-{J,) day. Playback of CAGN
vocalizations would be usc~dently to establish where birds arc. Nests would not be intentionally
approached, and no nest monitoring is Pf913BWd. The numeer aAd age class of any CAGN wouf€!.--be-
recorded in field notes with corresponding territory numbers. Observed territories would be numbered
and mapped in the field on an aerial map and later digitized in GIS. Limits of mapped territories would be
refined as necessary following each survev to determine where territories ore ln relation to the proposed
trail improvements.
fe-Uew+ng-the--c-e;=n pI eti ol'I-Etf4~1e survey effB-Ft7-Mitl=ttte+-Ba-k-er-weu~de-tr1-ett-er-fCoj3eft to the Gty.-Bf
GJ.am.oftd Bar docurr•ent+ng-~-sur-v~logy,results, anci--a . .fl.i-&Gussion-e-f-·tf:t-e-likelihood of the
j3-fBj e ct to take CAGN,···M~tf.l-e-sw:vey.-afea-Jftdof.-survey-r--e&Utt-sT·iH€~ttEI+~teffitori es, wBU-I-€l
be provided, along with relevant: photos and a comprehensive list of all wildlife species observed duriRg
the surveys. lhc report would also be submitted to the US.fWS \Nithin 45~ the completktt1-Bf...#l.e
s!:lrveys, per the 1997 USFWS survey protocol.
3.7.a
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0
.
3 1142.11137.81135.31145.51139.31167.01169.01172.81177.41246.01173.01194.71208.71208.21223.01227.71232.81237.31260.91263.91115.41181.01215.81235.81240.81244.91245.31252.01260.71272.61275.51262.61258.71132.11171.41198.91222.51243.11255.31258.31252.51259.71282.41268.21242.21239.41139.91188.61221.21241.91251.71133.81163.01197.61184.01222.01205.81176.21102.61149.31143.21130.91064.71122.71049.11072.01079.31078.41081.11099.11069.11063.21076.91073.01083.91117.91137.51145.71126.21138.31159.41099.61095.81112.31116.61167.91188.41144.51138.21144.41153.11160.61189.61182.0HVHVHVHVHVHVHVHVHVHVHVHVHVHVHV1115.01120.01125.01185.01180.01135.01125.01120.01115.01115.01110.0SHADE STRUCTURE WITH BENCHESWAYFINDING SIGNSHADE STRUCTUREWITH BENCHESSHADE STRUCTUREWITH BENCHESWAYFINDINGSIGNWAYFINDINGSIGNTRAIL TO BE EXPANDED TO 5' WIDEEXISTING TRAIL TO REMAINGABION RETAINING WALLSTAIRS (TOTAL OF 6)WAYFINDING SIGNLODGE POLE FENCESHADE STRUCTURE WITH BENCHES &TRASH RECEPTACLEPROPOSED BENCHDRAINAGE CROSSINGLEGENDEXISTING SIGNTO BE REMOVEDEXISTING BENCHEXISTING BENCHCANYON LOOP MULTI-USE TRAILNORTHNORTH
DATE: 9-19-2019CITY OF DIAMOND BARNORTH CANYONLOOP TRAIL
2001 EAST FIRST STREET, SUITE 160SANTA ANA, CA 92705PHONE: (714) 245-9270FAX:(714) 245-9275SOUTH CANYONLOOP TRAILSOUTH CANYONLOOP TRAILGRAND VIEWTRAILSTEEP CANYONTRAIL CONNECTIONCONCEPT PLANPERFORATED BENCHGABION RETAINING WALLGABION RETAINING WALLSTAIRS WITH HANDRAIL & DRAINAGESTAIRS WITH HANDRAIL& DRAINAGETRAIL WIDENING,TYPICALLODGE POLE FENCEWITH "TRAIL CLOSED"SIGN MOUNTED ONFENCE, TYPICALGABION RETAINING WALLPOTENTIAL VIEWPOTENTIAL VIEWPOTENTIAL VIEWNORTH CANYONLOOP TRAILEDISONTOWEREDISON OVERHEAD WIRESEDISONTOWEREDISONTOWEREDISON OVERHEAD WIRESEDISON OVERHEAD WIRESEDISON OVERHEAD WIRESDRAINAGECROSSING, TYPICALDRAINAGECROSSING, TYPICAL3.7.bPacket Pg. 248
3.7.c
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LEGEND
TRAIL TO BE EXPANDED TO 5' WIDE
EXISnNG TRAil TO REMAIN
GABION R ETAINING WALL
~ STAIRS(TOTALOF6) # WAYFINOING SIGN
O=O LOOGE POLE FENCE
0 SHADE STRUCTURE W ITH BENCHES &
TRASH R.EC EPTACLE
~ PROPOSED BENCH
DRAINAGE CROSSING
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1 Professional Services – Non Design
1450836.1
CONSULTANT SERVICES AGREEMENT
[Non-Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of May 5, 2020 by and
between the City of Diamond Bar, a municipal corporation ("City") and Michael Baker
International, 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 environmental consulting services 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.
Ryan Wright, Parks and Recreation Director, 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 May 5, 2020 and
shall continue until May 5, 2021 (“Term"), 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 ninety thousand, four hundred thirty-six dollars ($90,436)
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.
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.
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1450836.1
C. 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, except as
specifically provided herein. 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 employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with 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,
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1450836.1
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.
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 Workers’ Compensation Act and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractor’s
employees arising out of Consultant’s work under this Agreement; and
(2) Any and all claims arising out of a negligent act, error, omission or willful
misconduct in hereunder or its failure to comply with any of its material obligations
contained in this Agreement, but excepting such loss or damage which is caused by the
sole active negligence or willful misconduct of the City. Should City in its sole discretion
find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City
its costs of defense, including without limitation reasonable attorneys' fees, expert fees
and all other costs and fees of litigation. The Consultant shall promptly pay any final
judgment rendered against the Indemnitees. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted by the
law of the State of California and will survive termination of this Agreement. Except for
the Indemnitees, this Agreement shall not be construed to extend to any third party
indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
10. Insurance.
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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; and
(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.
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 at least ten (10) days 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 shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
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)
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1450836.1
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 Consultant 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
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
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1450836.1
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.
14. 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.
15. 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.
16. 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. Except as otherwise authorized by the City's Project
Manager, Richard Beck or Alan Ashimine shall be the person(s) who primarily performs
the work provided under this Agreement. Except as provided in this Agreement,
Consultant reserves the right to determine the assignment of its own employees to the
performance of Consultant's services under this Agreement, but City reserves the right
in its sole discretion to require Consultant to exclude any employee from performing
services on City's premises.
17. Non-Discrimination and Equal Employment Opportunity.
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1450836.1
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.
18. 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 within one hundred fifty (150) calendar days
from such date or as may otherwise be agreed to by and between the Project Manager
and the Consultant.
19. 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.
20. RESERVED
21. 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
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.
22. 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
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Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. 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.
25. RESERVED
26. 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.
27. 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.
“CONSULTANT” “CITY”
Michael Baker International City of Diamond Bar
5 Hutton Centre Drive, Suite 500 21810 Copley Drive
Santa Ana, CA 92707 Diamond Bar, CA 91765-4178
Attn.: Richard Beck Attn.: Ryan Wright
Phone: 949-855-3687 Phone: 909-839-7061
E-Mail: RBECK@MBAKERINTL.COM E-mail: RWRIGHT@DIAMONDBARCA.GOV
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any
action brought under this Agreement shall be in Los Angeles County.
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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"
[Michael Baker International CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Steve Tye, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
David DeBerry, City Attorney
*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.
Richard Beck
Vice President
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Agenda #: 3.8
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE AREA 7 RESIDENTIAL AND
COLLECTOR STREETS AND DIAMOND BAR BLVD STREET
REHABILITATION FROM MOUNTAIN LAUREL WAY TO CLEAR
CREEK CANYON DRIVE PROJECTS - PROJECT NO. 01419 AND
23919.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Director of Public Works/City Engineer to file, the Notice of
Completion.
FINANCIAL IMPACT:
Funding is included in the FY 19/20 Capital Improvement Program for this Project. The
final construction cost of the Project is $2,414,825.83, which is $9,746.17 under the total
authorization amount of $2,424,572 (Construction Agreement: $2,309,116,
Contingency: $115,456).
BACKGROUND/DISCUSSION:
The Project included the rehabilitation of approximately 13 centerline miles of residential
& collector roadways with slurry seal or grind/overlay application, and localized sidewalk
repairs. It also included a grind and overlay of approximately 1 mile of Diamond Bar
Blvd from Mountain Laurel to Clear Creek Canyon.
The City Council awarded a construction contract to Copp Construction, Inc. on
September 17, 2019 in an amount not to exceed $2,309,116, plus a contingency
amount of $115,456 for a total authorization amount of $2,424,572. The City authorized
the Notice to Proceed for construction on October 2, 2019.
Copp Contracting, Inc. completed all required work on March 6, 2020. There was one
Change Order associated with this Project in the amount of $105,709.83 for quantity
3.8
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changes, enhanced bike lane striping, in-field construction adjustments and the addition
of nineteen (19) working days to the contract. The additional working days were added
at no penalty as they were a result of weather delays and construction adjustments. The
final construction cost of the Project is $2,414,825.83.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.8.a Notice of Completion 3.6.2020
3.8
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Copley Drive
Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; “In fee”
(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on March 6, 2020. The work done was:
Area 7 Residential & Collector Road Rehabilitation and Diamond Bar Blvd from Mountain Laurel to Clear Creek
Canyon Rehabilitation Projects, City Project No. 01419 and 23919
7. The name of the contractor, if any, for such work of improvement was Copp Contracting, Inc.
September 17, 2019
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows. Area 7 Residential & Collector Roads and Diamond Bar Blvd from Mountain
Laurel to Clear Creek Canyon in the City of Diamond Bar.
9. The street address of said property is “none”
(If no street address has been officially assigned, insert “none”)
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works / City Engineer the declarant of
the foregoing
(“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at Diamond Bar , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
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DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement
(to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his
successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For
example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his
interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-
owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-
owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or
transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a
whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or
more original contracts, then this form must be modified as follows:
(1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., “The foundations for the improvement”);
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need
be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title
insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.
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Agenda #: 3.9
Meeting Date: May 5, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PROFESSIONAL SERVICES AGREEMENT WITH SCI CONSULTING
GROUP TO PROVIDE ANNUAL ASSESSMENT ENGINEERING
SERVICES FOR THE CITY’S THREE LANDSCAPE MAINTENANCE
DISTRICT NOS. 38, 39, AND 41 FROM JULY 1, 2020 THRU JUNE 30,
2023.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Consultant Services Agreement with SCI
Consulting Group in the amount of $52,208 for a three-year contract beginning July 1,
2020, with two additional one-year extensions based upon satisfactory performance by
the consultant.
FINANCIAL IMPACT:
Sufficient funds will be included in the operating budget for each fiscal year, starting with
FY 2020-21 ($16,920) to cover the cost of the services. The total contract amount for
the three-year period totals $52,208.
BACKGROUND/DISCUSSION:
The City of Diamond Bar has three Landscape Maintenance Districts in place . Each
fiscal year, a comprehensive Assessment Engineering Services is required to update
the tax rolls for District Nos. 38, 39, and 41, established pursuant to the Lighting and
Landscaping Act of 1972.
Specifically, the consultant will provide engineer’s reports to update Maintenance District
No. 38 (citywide, with 17,850 parcels), Maintenance District No. 39 (1,263 parcels), and
Maintenance District No. 41 (554 parcels) tax rolls in order to levy assessments for Fiscal
Years 2020-21, 2021-22, and 2022-23, based on the requirements of the Lighting and
Landscaping Act. The process typically starts in April of each year and concludes in
August.
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Staff issued a Request for Proposals (RFP) in December 2019 and received three
proposals in January 2020.
Staff reviewed the proposals based on the following criteria:
• Consultant’s demonstrated understanding of the scope of work;
• Completeness of proposal;
• Firm’s track record and key project team members’ experiences in performing
similar work;
• Timeliness in accomplishing work assignments in the agreed work;
• The resources required to perform the requested services; and
• References.
In consideration of the six (6) criteria mentioned above, staff ranked the three
companies in the following order:
1. SCI
2. NBS
3. DTA
The SCI proposal was selected and recommended due to their:
1. General responsiveness to the City’s RFP
2. Staff and firm experience with assessment engineering
3. Approach/methodology
4. Level of effort
5. Ability to meet the City’s schedule and expectations
6. Proven track record and local experiences with Diamond Bar/other cities in
Southern California.
The annual costs from these fee proposals are listed below:
Company FY 20-21 FY 21-22 FY 22-23
SCI $16,920 $17,398 $17,890
NBS $18,350 $18,350 $18,350
DTA $21,800 $21,800 $21,800
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.9.a Professional Services Agreement with SCI
2. 3.9.b EXHIBIT A - Scope of Services
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CONSULTING SERVICES AGREEMENT
Assessment Engineering Professional
THIS AGREEMENT (the "Agreement") is made as of May 5, 2020 by and
between the City of Diamond Bar, a municipal corporation ("City") and SCI 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 Assessment Engineering Services to
complete updates of Maintenance District number 38 (citywide, with 17,850 parcels),
maintenance District Number 39 (1,263 parcels), Maintenance district Number 41
(554 parcels) tax rolls to levy assessments for Fiscal Years 2020-21, 2021-22, and
2022-23 based on the requirements of the Lighting and Landscaping Act set forth in
the attached proposal as 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 t hat 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.
2. Term of Agreement. This Agreement shall take effect July 1, 2020 and
end on June 30, 2023, unless earlier terminated pursuant to this Agreement. This
Agreement may be extended by mutual consent in two one -year increments based on
satisfactory performance by the Consultant.
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 Fifty-two thousand and two hundred and eight dollars
($52,208) 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, administrati ve, overhead,
telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submi t 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.
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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 amendme nt 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 v alidity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with 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
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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 C onsultant'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 o fficers, 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.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
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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 b y 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 claim 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, an d 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 o f
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
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
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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. Shoul d 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 sub contractor
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
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.
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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 res triction 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, accou nting 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 r eproduce 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 av ailable 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 performan ce 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. Con sultant'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.
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
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Consultant or under its 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 th is 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
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
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the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereund er 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 o r default.
23. Attorney's Fees. Reserved.
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.
“CONSULTANT” “CITY”
SCI Consulting Group, Inc. City of Diamond Bar
4745 Mangels Blvd. 21810 Copley Drive
Fairfield, CA 94534 Diamond Bar, CA 91765-4178
Attn.: John Bliss, President Attn.: David G. Liu, Director of Public
Works/City Engineer
Phone: 707-430-4300 Phone: 909-839-7040
E-Mail: John.bliss@SCI-cg.com E-mail: dliu@diamondbarca.gov
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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.
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IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
SCI CONSULTING GROUP CITY OF DIAMOND BAR
By: By:
John Bliss, President Steve Tye, Mayor
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
David A. DeBerry, City Attorney
*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.
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