HomeMy WebLinkAbout2020.08.04 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, August 4, 2020
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.
How to Observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting by calling +1 (415) 655-0052, Attendee Access Code: 599-
377-998 or by visiting https://attendee.gotowebinar.com/register/1234353943374647568 .
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 read into the record at the meeting, up to a maximum of five
minutes.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/1234353943374647568. Members of the public
will be called upon one at a time during the Public 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 w ith
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 item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the 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://ATTENDEE.GOTOWEBINAR.COM/REGISTER/1234353943374647568 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 04, 2020
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 the ir
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.
AUGUST 4, 2020 PAGE 2
3.1 CITY COUNCIL MINUTES OF THE JULY 21, 2020 MEETING.
3.1.a July 21, 2020 Study Session Minutes
3.1.b July 21, 2020 Regular Meeting Minutes
Recommended Action:
Approve the July 21, 2020 Study Session and Regular City Council
meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED JULY 1, 2020
THROUGH JULY 24, 2020 TOTALING $1,142,975.95.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT
WITH RAYCOM DATA TECHNOLOGIES, INC. FOR DOCUMENT
IMAGING SERVICES THROUGH APRIL 26, 2022.
Recommended Action:
Approve, and authorize the Mayor to sign, the First Amendment to the
Agreement with Raycom Data Technologies, Inc. for document imaging
services.
Requested by: City Manager
4. PUBLIC HEARINGS: NONE.
5. COUNCIL CONSIDERATION:
5.1 REVISED TEMPORARY SIGN AND TEMPORARY OUTDOOR
COMMERCIAL SERVICES POLICY
Recommended Action:
Approve the revised Temporary Sign and Temporary Outdoor Commercial
Services Policy.
Requested by: Community Development Department
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: August 4, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JULY 21, 2020 MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the July 21, 2020 Study Session and Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.1.a July 21, 2020 Study Session Minutes
2. 3.1.b July 21, 2020 Regular Meeting Minutes
3.1
Packet Pg. 5
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
STUDY SESSION
JULY 21, 2020
STUDY SESSION: M/Tye called the Study Session to order at 5:30 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 was invited to join the meeting online or by phone at the numbers
printed on the agenda.
Public Comments: CC/Santana stated there were no public comments
submitted by email and that no member of the public indicated they wished to speak.
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; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation Manager;
Anthony Santos, Assistant to the City Manager; David Liu, Public Works Dire ctor; Hal
Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica, Associate
Engineer; Fabian Aoun, Assistant Engineer; Dianna Honeywell, Director of Finance,
Greg Gubman, Director of Community Development; Ken Desforges, Director of
Information Services; Marsha Roa, Public Information Manager; Cecilia Arellano, Public
Information Coordinator; J.R. Ybarra, Media Specialist; Kristina Santana, City Clerk
► VEHICLE MILES TRAVELED (VMT): CALIFORNIA’S NEW METRIC FOR
EVALUATING TRAFFIC IMPACTS:
Paul Herrmann, P.E. - Traffic Engineer, Fehr & Peers, presented the staff report for
tonight’s Council Agenda Consent Calendar Item 3.2, the goal of which is to
ultimately reduce greenhouse gas emissions.
M/Tye asked about Level of Service being viewed in the past as punitive. Mr.
Herrmann responded to M/Tye that what he was describing as the benefit of having
a local business (Sprouts) is the effect on VMT and if retail is put in a location that
lacks retail and the City is providing access to business services such that people
will not have to drive as far to access that business, that is good for the VMT and
improves regional VMT which would result in no impact.
C/Low asked if the calculation/formula was uniform throughout the state or
customized for each City. Mr. Herrmann responded that this uses the SCAG travel
forecasting model. It includes the entire SCAG region with land use information
related to number of houses and number of people who live in each of the zones
and cities as well as, the types of employment and number of employees and, it is
sensitive to the location of the project as well as, how far people have to travel to
and from work.
3.1.a
Packet Pg. 6
JULY 21, 2020 PAGE 2 CC STUDY SESSION
CDD/Gubman explained that by adding a Sprouts to Diamond Bar, it lowers the
VMT because it provides a location that Diamond Bar residents have closer access
to, which should therefore, reduce VMT. Rather than saying whether or not it is an
environmental impact, it will reduce the VMT and the question is then whether it will
reduce VMT enough and if not enough, whether the City might have to add
mitigation measures like ridesharing, etc. without requiring use of a single
passenger vehicle.
MPT/Lyons asked if a new business with numerous employees moved into the City
whether it would increase the VMT. Mr. Herrmann responded that where there is
an existing office building, that would be entitled and not subject to CEQA. If they
built a new office building, generally speaking, the jobs/housing ratio in Diamond
Bar is much higher on the housing side, and putting more jobs centers in Diamond
Bar would be anticipated to reduce the VMT depending on its location.
MPT/Lyons asked for an example of something in Diamond Bar that would increase
VMT and Mr. Herrmann responded anything with a regional draw such as a stadium
or major retail mall might increase the VMT.
PWD/Liu said that level of service impacts for any development project will no
longer be subject to CEQA and under its General Plan Circulation Element, the City
of Diamond Bar has the authority to require a specific traffic impact analysis i.e.
levels of service along any roadway and/or at intersections.
C/Low asked if a person would have to comply with both a VMT and LOS study and
Mr. Herrmann responded that as the current Traffic Impact Study guidelines are
being updated, there is a portion for CEQA and for General Plan compliance and
some projects, depending on the type or size, will need to do a VMT study and
others may also need to do an LOS study.
CA/DeBerry stated that two big types of projects that will be impacted are new
residential developments in outlying areas and major transportation. One of the
goals is to drive infill development and make cities denser than they currently are.
ADJOURNMENT: With no further business to come before the City Council,
M/Tye recessed the Study Session at 6:19 p.m. to the Regular Meeting.
Respectfully submitted:
___________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 4th day of August, 2020.
__________________________
Steve Tye, Mayor
3.1.a
Packet Pg. 7
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JULY 21, 2020
STUDY SESSION: 5:30 p.m.
Public Comments: None Offered.
Vehicle Miles Traveled (VMT): California’s New
Metric for Evaluating Traffic Impacts
Study Session Adjourned: 6:19 p.m.
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 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 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; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation
Manager; Anthony Santos, Assistant to the City Manager; David Liu, Public Works
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian
Malpica, Associate Engineer; Fabian Aoun, Assistant Engineer; Dianna Honeywell,
Director of Finance, Greg Gubman, Director of Community Development; Ken
Desforges, Director of Information Services; Marsha Roa, Public Information Manager;
Cecilia Arellano, Public Information Coordinator; J.R. Ybarra, Media Specialist; Kristina
Santana, City Clerk
APPROVAL OF AGENDA: As submitted.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox announced that as part of the City’s COVID -19 response efforts, the
Parks and Recreation Department is implementing two new programs: 1) Rec
to-go Bags for kids that can be purchased for $30 ($20 for each additional bag to
the same household) and will be delivered free of charge to the child’s residence;
and 2) Free Senior Resource Bags for 55 and older available for curbside pickup
at the Diamond Bar Center. A limited number of home deliveries will be available
on request for seniors who have no means of transportation.
3.1.b
Packet Pg. 8
JULY 21, 2020 PAGE 2 CITY COUNCIL
2. PUBLIC COMMENTS:
CC/Santana stated the following comments were submitted by email and
forwarded to each Councilmember:
Raphael H. Plunkett thanked Councilmembers Chow and Low for responding to
emails commenting on Item 5.2 and asked that tonight’s meeting be adjourned in
honor of Representative John Lewis.
Bobby Roberts asked about the City’s plans for creating a park on the City
owned property at the end of Sunset Crossing Road.
The following comments were offered during the meeting:
Jennifer Vidal concurred with the Plunkett’s request to have the City Council
meeting adjourned in honor of Congressman John Lewis.
Joe and Raphael Plunkett thanked ACM/McLean and staff for the comprehensive
and informative budget presentation.
Aliya Simjee concurred with the Plunkett’s request to have tonight’s meeting
closed in honor of Representative John Lewis.
3. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to
approve the Consent Calendar as presented with the exception of Item 3.5 pulled
by C/Chou and 3.6 pulled by MPT/Lyons. 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 JULY 7, 2020 REGULAR MEETING
3.2 ADOPTED RESOLUTION NO. 2020-30 ESTABLISHING VEHICLE
MILES TRAVELED THRESHOLDS OF SIGNIFICANCE FOR PURPOSES
OF ANALYSING TRANSPORTATION IMPACTS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
3.3 APPROVED SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH SIMPSON ADVERTISING, INC. FOR SPECIALITY
GRAPHIC DESIGN SERVICES THROUGH JUNE 30, 2021.
3.4 APPROVED PURCHASE ORDER WITH SOUTHERN CALIFRONIA
NEWSPAPER GROUPS FOR PRINTING AND MAILING SERVICES FOR
THE CITY NEWSLETTER, RECREATION BROCHURE AND
3.1.b
Packet Pg. 9
JULY 21, 2020 PAGE 3 CITY COUNCIL
CALENDAR, AND SERVICES GUIDE THROUGH JUNE 30, 2021.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
3.5 APPROVE CONSULTING SERVICES AGREEMENT WITH KOA
CORPORATION FOR PREPARATION OF LOCAL ROADWAY SAFETY
PLAN.
C/Chou asked for clarification of the selection proce ss and PWD/Liu
referred C/Chou to staff’s report page 54 for the specific criteria spelled
out in the RFP. During the selection process, staff focused on the firm’s
specific approach for working together on the local roadway safety plan
with the Sheriff’s Department and Fire Department. In addition, staff
conducted a more in-depth analysis to make sure the City is getting the
best value for dollars spent and it became clear to staff that when
analyzing the number of hours and relative cost of those hours, that KOA’s
proposal was one of the better and more comprehensive technical
proposals.
C/Chou wanted to know what Diamond Bar projects KOA had worked on
previously and PWD/Liu responded that a few years ago they were on call
and completed various projects including plan tech development projects
and a few CIP projects. In addition, KOA is currently working on the
Thousand Oaks and Azusa Local Roadway Safety Plan.
C/Chou expressed concerns about former Council Member Jimmy Lin’s
involvement as a member of KOA and MPT/Lyons asked for CA/DeBerry’s
input. CA/DeBerry responded that state law states that certain elected
officials and high ranking officials of a public agency such as the City
Manager and other high ranking officials, cannot lobby th eir former
employer for 12 months. Since 18 months has passed since Mr. Lin
served on the City Council and there has been no personal appearance or
lobby by email by the former Council Member, there is no prohibition on
the former Council Member having a contract with the City. The law’s
intent is to disallow lobbying activities and appearances before the City
Council.
MPT/Lyons moved, C/Low seconded, to approve Consent Calendar Item
3.5. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS Chou
ABSENT: COUNCIL MEMBERS: None
3.1.b
Packet Pg. 10
JULY 21, 2020 PAGE 4 CITY COUNCIL
3.6 APPROVE MEASURE W SAFE, CLEAN WATER PROGRAM-
MUNICIPAL PROGRAM TRANSFER AGREEMENT WITH THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT.
MPT/Lyons asked whether the City would be able to use these funds for
the water issues at Flapjack and other similar neighborhoods or in the
Diamond Canyon Park water filtering system or at Sycamore Canyon
Creek. PWD/Liu responded that staff believes all of those project are
eligible under the specific criteria of Measure W. AE/Aoun explained that
while those projects are identified, staff is awaiting word from Los Angeles
County’s Public Works Department and Flood Control District to make
certain how these projects can be funded by Measure W allocations.
MPT/Lyons moved, C/Low seconded, to approve Consent Calendar Item
3.6.
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. PUBLIC HEARING(S):
4.1 ZONE CHANGE AND DEVELOPMENT REVIEW FOR NEW SINGLE
FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR
BOULEVARD (PLANNING CASE NO. PL2015-253).
SP/Lee presented the staff report and recommended that the City Council
open the Public Hearing to receive public testimony; close the Public
Hearing and Introduce for First Reading by Title Only, waive full reading of
Ordinance No. 01(2020) adopting Zone Change to change the existing
zoning from Neighborhood Commercial (C-1) to Low Density Residential
(RL), and schedule second reading and adoption at the August 4, 2020
City Council meeting; and, Adopt Resolution No. 2020-31 approving
Development Review based on the Findings of Fact, and subject to the
Conditions of Approval contained therein.
Ken Lee, applicant’s representative, thanked staff and particularly SP/Lee
for her professional assistance through the process over the past several
years, introduced the new design team members who briefly explained the
project evolution and spoke to concerns addressed at the Planning
Commission level.
The design team responded to C/Chou’s questions and concerns about
traffic and architecture.
C/Low asked if the property line ends at the fence or where the drop
begins and Mr. Lee said that the fencing delineates the property line and
3.1.b
Packet Pg. 11
JULY 21, 2020 PAGE 5 CITY COUNCIL
what is not fenced is owned by Caltrans. C/Low asked for confirmation
from the traffic engineer that she understood someone traveling at a rate
of 70 mph down Diamond Bar Boulevard could see a car exiting the
property in time to stop. The traffic engineer explained that it would take
about 900 feet to stop a vehicle traveling at 70 mph.
MPT/Lyons asked SP/Lee about a complaint from a resident who felt the
project would decrease her property value and SP/Lee stated that real
estate values are not reviewed or analyzed by the Planning staff f or
development projects. MPT/Lyons asked SP/Lee to address view
concerns and SP/Lee responded that staff believes the project will not
present any significant impacts to private residences that are on a much
higher grade than the proposed project.
M/Tye asked if Mr. Chou would live in the home and Mr. Lee responded
that Mr. Chou’s intention is to build this as a spec home that will be sold.
M/Tye opened the Public Hearing.
CC/Santana stated that the following comments were submitted by email
and forwarded to each Council Member:
Susan Mullins submitted two separate email comments, one on July 15 th
asking the Council to nullify the decision of the Planning Commission and
a second email dated July 20th wherein she expressed her opposition to
the project and asked the City Council to postpone the item scheduled for
the Council meeting of July 21st.
Eric and Yolanda Norwood commented on the speeding and traffic
accidents on Diamond Bar Boulevard and asked for plans to avoid further
accidents if this property is developed.
Beverly Sacia asked if the project will hurt the existing property values,
destroy the current view and if it will be used as a birthing home.
Salino Batista asked if the two trees that are ten feet apart on the green
ovals on the drawings is an entryway. If so, he believed it should be
blocked off to prevent cars from stopping at that location.
M/Tye closed the Public Hearing.
C/Chou said he visited the site and reviewed Planning Commission
minutes and understands the project and while he may not agree with the
project, it appears to comply with the zone change request.
C/Low and MPT/Lyons commented that with this third iteration, the
applicant, in their opinion, designed a project that is much improved,
appears to be the highest and best use of the property and complies with
3.1.b
Packet Pg. 12
JULY 21, 2020 PAGE 6 CITY COUNCIL
the General Plan.
M/Tye believed this item should be remanded to the Planning Commission
for a public meeting because of the difficulties they had hearing from the
public similar to the problems that have been encountered this evening.
He is troubled that the land use designation was changed during the
General Plan update and this matter is a request for a zone change
approval so that it agrees with the land use that was changed.
CM/Fox surmised that it would likely be four to six weeks out when an
actual in-person meeting could be scheduled, if that is the pleasure of the
Council.
C/Low said she believes the public should be heard and the property
owner and design team deserve an answer as well.
C/Low moved, M/Tye seconded, to remand the matter to the Planning
Commission with the caveat that it be re-noticed for an in-person Public
Hearing in accordance with COVID-19 rules within the next eight weeks.
Motion by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Mahlke, M/Tye
NOES: COUNCIL MEMBERS: Chou, MPT/Lyons
ABSENT: COUNCIL MEMBERS: None
4.2 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39 AND 41 FOR FISCAL YEAR
2020-21.
PWD/Liu presented the staff report.
M/Tye opened the Public Hearing.
With no one wishing to speak on this item, M/Tye closed the Public
Hearing.
C/Chou and C/Low said they would abstain from voting on Item B because
they each reside within LLAD No. 39.
MPT/Lyons moved, C/Chou seconded to adopt Resolution No. 2020 -32
(LLAD No. 38) to levy and collect assessments for Landscape
Assessment District No. 38 for Fiscal Year 202 0-21. 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.b
Packet Pg. 13
JULY 21, 2020 PAGE 7 CITY COUNCIL
C/Mahlke moved, MPT/Lyons seconded, to a dopt Resolution No. 2020-33
(LLAD No. 39) to levy and collect assessment for Landscape Assessment
District No. 39 for Fiscal Year 2020-21.
AYES: COUNCIL MEMBERS: Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Chou, Low
ABSENT: COUNCIL MEMBERS: None
C/Chou moved, C/Mahlke seconded, to adopt Resolution No. 2020 -34
(LLAD No. 41) to levy and collect assessments for Landscape
Assessment District No. 41 for Fiscal Year 2020-21. 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
5. COUNCIL CONSIDERATION:
5.1 RESOLUTIONS FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO TRANSACTIONS AND USE TAX AND
SETTING PRIORITIES FOR FILING OF WRITTEN ARGUMENT
REGARDING A CITY COUNCIL-INITIATED TRANSACTIONS AND USE
TAX MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS.
ACM/McLean presented the staff report.
C/Chou asked when the City might expect to begin seeing revenue and
how much is anticipated should the measure pass. ACM/McLean
responded that if the measure passed in November the City would expect
to begin seeing revenue about April of the following year. For the coming
fiscal year, sales tax is expected to be down about 20 percent and
depending on COVID-19 and the economy, it may result in another 10-20
percent reduction to the estimate.
C/Chou asked if the City was entitled to keep the entire .75 percent of the
use tax. ACM/McLean responded the City would keep the ¾ of one
percent. CA/DeBerry further explained that the use tax would only be
imposed in the jurisdiction where the item was purchased that has a sales
tax lower than Diamond Bar.
C/Mahlke asked if upon passage of the .75 percent increase would
Diamond Bar be able avoid further tax increases. ACM/McLean
responded that state law sets the cap at 10.25 percent and if the county
3.1.b
Packet Pg. 14
JULY 21, 2020 PAGE 8 CITY COUNCIL
put forth a countywide (tax increase) measure that was approved by the
voters countywide, Diamond Bar would not be subject to any further tax
increase.
MPT/Lyons asked ACM/McLean what response he received from his
presentation to three community organizations. ACM/McLean said the
information was well received and it was approached as an opportunity to
engage and educate the public.
M/Tye asked if anyone wished to speak on this item.
With no one wishing to comment, M/Tye closed public comments.
Following comments from the Council, MPT/Lyons moved, C/Chou
seconded, to adopt Resolution No. 2020-35 for the submission to the
voters a question relating to transactions and use tax. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: Low
ABSENT: COUNCIL MEMBERS: None
C/Chou moved, C/Mahlke seconded, to adopt Resolution No. 2020-36
setting deadlines and priorities for filing written arguments regarding the
City Council-initiated Transactions and Use Tax Measure, and directing
the city attorney to prepare an impartial analysis . Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: Low
ABSENT: COUNCIL MEMBERS: None
5.2 SUPPORT LETTER REGARDING RESPONSIBLE USE OF FORCE
POLICY REFORM.
CM/Fox asked that the Council discuss the revised letter of support to Los
Angeles Sheriff Villanueva and provide direction to staff as deemed
appropriate.
Captain Reyes responded to C/Mahlke’s questions and concerns, stating
that the “Eight Can’t Wait” went into effect following the Ferguson incident
and in 2016 the LA County Sheriff’s Department updated its Use of Force
policies. With respect to carotid restraint, the force policies and training
are taught in line with the Commission on Peace Officer Standards in
Training.
3.1.b
Packet Pg. 15
JULY 21, 2020 PAGE 9 CITY COUNCIL
C/Mahlke asked if the LA County Sheriff’s Department was the largest
sheriff’s department in the US and Captain Reyes responded that his
understanding is that they are the second largest police agency in the
country and the largest sheriff’s department in the nation.
C/Chou moved, C/Low seconded, to approve the letter as presented.
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
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Mahlke helped swear in the new governing board for the Regional San Gabriel
Valley Chamber of Commerce, attended a Zoom meet with Miss Diamond Bar
and her Court. She congratulated winners of the Diamond Bar Women’s Club
$5,000 scholarship in Academic and Arts scholarships to students from Diamond
Bar and Diamond Ranch High Schools and thanked the club for supporting youth
excellence in the City. C/Mahlke invited participation in the first Councilwomen
Learning and Sharing session on Wednesday, July 22 nd at 7:00 p.m. and spoke
with admiration about Congressman John Lewis.
C/Low thanked staff for their work under the stress of COVID-19, talked about
her participation in the Zoom meeting with Miss Diamond Bar and her Court , and
hoped everyone would attend the first Councilwomen’s Zoom meet ing “Safety
First”. Because COVID-19 hospitalization is on the increase, C/Low asked
everyone to wear masks, wash hands and staying out of other people’s airspace
and beware of COVID-19 contact tracing scammers. C/Low spoke of Council’s
unified pledge to eradicate racism and discrimination and support of the City’s
law enforcement officers, and acknowledged the passing of Congressman John
Lewis.
C/Chou said he was honored to be appointed to the executive board of the
League of California Cities, LA Division, shared a quote from Congressman John
Lewis, and thanked his colleagues for their professionalism and grace.
MPT/Lyons gave a shout out to M/Tye and CC/Santana for their patience and
sunny attitudes during meetings. She asked CM/Fox if he would ask PRR/Wright
to agree that Councilmembers could help distribute senior P&R bags. She hopes
the Friends of the Library can help the library fund books and materials during
the library’s budget shortfall, asked residents to continue supporting local
businesses and restaurants, and agreed that tonight’s meeting should be closed
in honor of Congressman John Lewis.
M/Tye said the Council heard from a number of owners how important it was for
3.1.b
Packet Pg. 16
JULY 21, 2020 PAGE 10 CITY COUNCIL
their businesses to receive grant funds from the City. He thanked Raphael
Plunkett for asking that tonight’s meeting be adjourned in memory of
Congressman John Lewis, a lion of the legislature.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 9:16 p.m. in honor and memory of Congressman John
Lewis.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 4th day of August, 2020.
__________________________
Steve Tye, Mayor
3.1.b
Packet Pg. 17
Agenda #: 3.2
Meeting Date: August 4, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JULY 1, 2020
THROUGH JULY 24, 2020 TOTALING $1,142,975.95.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,142,975.95.
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 July 1, 2020 through July 24, 2020
totaling $1,142,975.95 is being presented for ratification. All payments have been made
in compliance with the City’s purchasing policies and procedures, and have been
reviewed and approved by the appropriate departmental staff. The attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
3.2
Packet Pg. 18
REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 8-4-2020
2. 3.2.b Check Register 7-1-20 - 7-24-20
3.2
Packet Pg. 19
3.2.aPacket Pg. 20
7/1/2020-7/24/2020 Expenditure Total 1,142,975.95$
Check # CHECK DATE VENDOR NAME INVOICE DESCRIPTION INVOICE TOTAL
2 7/8/2020 ALLIANT INSURANCE SERVICES INC ANNUAL RENEWAL 7/20-7/21 1,801.00$
2 Total 1,801.00$
3 7/8/2020 CALIFORNIA JPIA POLLUTION LIABILITY INS PROG 20/21 3,543.00$
3 Total 3,543.00$
4 7/8/2020 DELTA DENTAL July 2020 PPO Dental Premium 5,083.36$
4 Total 5,083.36$
5 7/8/2020 DELTA DENTAL INSURANCE COMPANY July 2020 HMO Dental Premium 309.46$
5 Total 309.46$
6 7/8/2020 LIEBERT CASSIDY WHITMORE ERC MEMBERSHIP 7/20-6/21 3,875.00$
6 Total 3,875.00$
7 7/8/2020 MANAGED HEALTH NETWORK July 2020 EAP Premium 156.00$
7 Total 156.00$
8 7/8/2020 STANDARD INSURANCE COMPANY July 2020 Life Ins & STD/LTD Ins Premium 4,054.82$
8 Total 4,054.82$
9 7/8/2020 VISION SERVICE PLAN Vision Premium for July 2020 2,033.68$
9 Total 2,033.68$
12 7/17/2020 AFLAC MONTHLY BILLING JUNE 2,821.16$
12 Total 2,821.16$
13 7/17/2020 AIRGAS INC CYLINDER ARGON/HELIUM 198.74$
13 Total 198.74$
14 7/17/2020 NAILA ASAD BARLAS PLANG COMM-6/23/2020 65.00$
14 Total 65.00$
15 7/17/2020 BEST LIGHTING PRODUCTS INC PO 200020 MAINT OF GROUNDS/BUILDINGS 1,784.22$
15 Total 1,784.22$
16 7/17/2020 BRIGHTVIEW LANDSCAPE SERVICES INC PO 200012 MAINT SVCS 3,158.33$
16 Total 3,158.33$
18 7/17/2020 CARDCONNECT CREDIT CARD RENTAL CHARGES 125.00$
18 Total 125.00$
19 7/17/2020 CHEM PRO LABORATORY INC WATER TREATMENT SVCS-JUNE 155.00$
19 Total 155.00$
20 7/17/2020 CAROL A DENNIS PO 200080-PROF.SVCS-PLNG COMM 175.00$
20 Total 175.00$
21 7/17/2020 DIVISION OF THE STATE ARCHITECT Apr-Jun'20 SB1186 156.40$
21 Total 156.40$
22 7/17/2020 DMPR 4 LLC Storage Rental 1,743.00$
22 Total 1,743.00$
23 7/17/2020 DS SERVICES OF AMERICA INC WATER EQ RENTAL 17.75$
WATER SUPPLIES-CITY HALL 111.40$
WATER SVCS-CITY HALL 179.27$
23 Total 308.42$
24 7/17/2020 ECOFERT INC PO 200112-FERTIGATION SVCS 1,150.00$
24 Total 1,150.00$
25 7/17/2020 EMERALD LANDSCAPE SERVICES INC IRRIGATION REPAIRS 15.92$
PO 200011 ADDL MAINT SVCS-CITY HALL 3,504.00$
PO 200011 MONTHLY MAINT-C/HALL 1,006.00$
25 Total 4,525.92$
26 7/17/2020 FEDERAL EXPRESS CORPORATION EXPRESS MAIL-GENERAL 66.83$
26 Total 66.83$
27 7/17/2020 GATEWAY CORP CENTER ASSOC PO 200001 JUNE 2020 1,755.37$
PO 200001-APRIL 2020 1,755.37$
27 Total 3,510.74$
City of Diamond Bar, CA
Check Register
3.2.b
Packet Pg. 21
28 7/17/2020 GUARANTEED JANITORIAL SERVICE INC PO 200052 ADDL SVCS-DBC 1,433.32$
PO 200052 LANDSCAPE MAINTENANCE 599.00$
28 Total 2,032.32$
29 7/17/2020 HARDY & HARPER INC PO 20013 STREET MAINT SVCS 1,460.00$
29 Total 1,460.00$
30 7/17/2020 HOME DEPOT CREDIT SERVICES SUPPLIES-JUNE STATEMENT 1,171.26$
30 Total 1,171.26$
31 7/17/2020 KENNETH L MOK PLNG COMM-6/23/2020 65.00$
31 Total 65.00$
32 7/17/2020 LA COUNTY DEPT OF AGRICULTURE PROF.SVCS-COYOTE CONTROL 716.66$
32 Total 716.66$
33 7/17/2020 LANGUAGE NETWORK INC Translation Service for Nov 3 Election Notice 675.00$
33 Total 675.00$
34 7/17/2020 LEAGUE OF CALIFORNIA CITIES L.A. County divison dues from 7/1/20 - 6/30/21 1,412.25$
34 Total 1,412.25$
35 7/17/2020 LOOMIS COURIER SVCS-CITY HALL/DBC 628.32$
35 Total 628.32$
36 7/17/2020 LOS ANGELES COUNTY FIRE DEPARTMENT Fire Protection Annual Payment FY 2020-2021 7,359.00$
36 Total 7,359.00$
37 7/17/2020 LOS ANGELES COUNTY PUBLIC WORKS PO 200010 SUMP PUMP MAINT-MAY 20 827.93$
37 Total 827.93$
38 7/17/2020 MCE CORPORATION PO 200018 - RIGHT OF WAY/VEGETATION 17,199.93$
38 Total 17,199.93$
39 7/17/2020 MICHAEL BALLIET CONSULTING LLC PO 200038-CONSULTANT SVCS-JUNE 2,257.50$
39 Total 2,257.50$
40 7/17/2020 MITY LITE INC COUNTERTOP SHIELDS-DBC/C/HALL 7,844.14$
40 Total 7,844.14$
41 7/17/2020 MT CALVARY LUTHERAN SCHOOL PO 200116-FACILITY RENTAL 4,900.00$
41 Total 4,900.00$
42 7/17/2020 MYERS & SONS HI-WAY SAFETY INC SUPPLIES-ROAD MAINT 1,750.00$
42 Total 1,750.00$
43 7/17/2020 AMY WYSE Youth Sports Refund 14.37$
43 Total 14.37$
44 7/17/2020 ANITA KARTAWIDJAJA Contract Class Refund 227.00$
44 Total 227.00$
45 7/17/2020 ASOK NANDI Event refund 2,102.79$
45 Total 2,102.79$
47 7/17/2020 JENNY WU Day Camp Refund 1,750.00$
47 Total 1,750.00$
48 7/17/2020 KAI MA Day Camp Refund 175.00$
48 Total 175.00$
49 7/17/2020 KEVIN HUANG Day Camp Refund 525.00$
49 Total 525.00$
50 7/17/2020 LINDA LICARI Event refund 1,935.00$
50 Total 1,935.00$
51 7/17/2020 PATRICIA J TUALLA-LY Event refund 4,793.00$
51 Total 4,793.00$
52 7/17/2020 SAN GABRIEL VALLEY EMPLOYER ADVISORY COUNCIL Event refund 1,239.50$
52 Total 1,239.50$
53 7/17/2020 SHARON WU Contract Class Refund 59.20$
53 Total 59.20$
54 7/17/2020 PROTECTION ONE INC ALARM SVCS-CITY HALL 64.46$
Heritage Comm Ctr #6686471 184.57$
54 Total 249.03$
3.2.b
Packet Pg. 22
55 7/17/2020 PUBLIC STORAGE #23051 Storage Rental #2108 466.00$
55 Total 466.00$
56 7/17/2020 PYRO COMM SYSTEMS INC ADDL SVCS AT DBC 585.00$
56 Total 585.00$
57 7/17/2020 R F DICKSON COMPANY INC PO 200016-ST SWEEPING FOR JUNE 11,765.92$
57 Total 11,765.92$
58 7/17/2020 RAYMOND WALTER WOLFE PLNG COMM-6/23/2020 65.00$
58 Total 65.00$
59 7/17/2020 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS-APR, MAY, JUNE 3,000.00$
SERVICES FOR APR, MAY & JUNE 3,000.00$
59 Total 6,000.00$
60 7/17/2020 SAMPA BRAZILIAN JIU JITSU SCHOOL INC Sampa Brazilian Jiu Jitsu Virtual Recreation Video 50.00$
60 Total 50.00$
61 7/17/2020 SCHORR METALS INC Parks Maintenance Supplies 129.47$
61 Total 129.47$
62 7/17/2020 SIMPSON ADVERTISING INC DESIGN & FINAL ART-COVID-19 325.00$
62 Total 325.00$
63 7/17/2020 SLOAN VAZQUEZ INC PO 200135-CONSULTANT SVCS FOR JUNE 9,200.00$
63 Total 9,200.00$
64 7/17/2020 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DBC 5,931.33$
ELECT SVCS-DIST 38 306.15$
ELECT SVCS-DIST 39 211.96$
ELECT SVCS-DIST 41 117.56$
ELECT SVCS-PARKS 1,981.45$
ELECT SVCS-T/CONTROL 4,909.50$
64 Total 13,457.95$
65 7/17/2020 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Dues assessment for FY 2020-21 4,900.00$
65 Total 4,900.00$
66 7/17/2020 STATEWIDE TRAFFIC SAFETY & SIGNS SUPPLIES-ROAD MAINT 1,747.31$
66 Total 1,747.31$
67 7/17/2020 STUMP FENCE CO REPAIR EXISTING IRON FENCE 3,850.00$
67 Total 3,850.00$
68 7/17/2020 TEMCAL DEVELOPMENT CORP VEH MAINT SVCS 123.29$
68 Total 123.29$
69 7/17/2020 TRES HERMANOS CONSERVATION Maintenance Cost Member Share Through 6/30/21 70,399.00$
69 Total 70,399.00$
70 7/17/2020 VISTA PAINT CORPORATION SUPPLIES-PUBLIC WORKS 42.19$
70 Total 42.19$
71 7/17/2020 WALNUT VALLEY WATER DISTRICT WATER SVCS-CITY HALL 812.29$
WATER SVCS-DBC 294.77$
WATER SVCS-DIST 41 249.20$
71 Total 1,356.26$
72 7/17/2020 WAXIE SANITARY SUPPLY PO 200017 SUPPLIES FOR CITY HALL 1,067.92$
PO 200017-SUPPLIES CITY HALL 67.35$
PO 200017-SUPPLIES FOR CITY HALL 502.22$
PO 200017-SUPPLIES-COVID-19 74.78$
72 Total 1,712.27$
73 7/17/2020 WEST COAST ARBORISTS INC PO 200015 - TREE MAINTENANCE 4,874.00$
PO 200015-TREE MAINT 59,725.00$
73 Total 64,599.00$
74 7/17/2020 WILLIAM AUSTIN RAWLINGS PLNG COMM-6/23/2020 65.00$
74 Total 65.00$
75 7/17/2020 WISCONSIN QUICK LUBE INC Vehicle Maintenance Code Enforcement 102.60$
Vehicle Maintenance Parks & Facilities 41.09$
75 Total 143.69$
78 7/23/2020 3CMA MEMBERSHIP DUES 845.00$
78 Total 845.00$
3.2.b
Packet Pg. 23
79 7/23/2020 DEPT OF TRANSPORTATION PO 200032 SIGNALS & LIGHTING JAN-MAR 7,156.57$
79 Total 7,156.57$
80 7/23/2020 DMPR 4 LLC Storage Rental # 2957, 371, 127, 092, 140, 376 1,743.00$
80 Total 1,743.00$
81 7/23/2020 DOGGIE WALK BAGS INC Doggie Bags 1,576.80$
81 Total 1,576.80$
82 7/23/2020 GUARANTEED JANITORIAL SERVICE INC PO 200052 JANITORIAL SVCS 16,574.00$
82 Total 16,574.00$
83 7/23/2020 HONEYCOTT INC Removal Service 7/7/20 120.00$
83 Total 120.00$
84 7/23/2020 MAHENDRA GARG PLNG COMM-6/23/2020 65.00$
84 Total 65.00$
85 7/23/2020 MCE CORPORATION PO 200014 LANDSCAPE MAINT 28,048.00$
85 Total 28,048.00$
86 7/23/2020 MERCURY DISPOSAL SYSTEMS INC PO 200075 - PROF SVCS RECYCLING FEES 829.74$
86 Total 829.74$
87 7/23/2020 OFFICE SOLUTIONS SUPPLIES - JUNE 2020 3,356.46$
87 Total 3,356.46$
88 7/23/2020 OROLIA USA INC PO 200144-COMP EQ-I.T.6,340.06$
88 Total 6,340.06$
89 7/23/2020 PROTECTION ONE INC City of Diamond Bar 21810 Copley Drive 91765 32.23$
89 Total 32.23$
90 7/23/2020 PUBLIC STORAGE #23051 Storage Rental # 2108 466.00$
90 Total 466.00$
91 7/23/2020 PYRO COMM SYSTEMS INC Agr. 595, 7/1/2020 - 9/30/2020 135.00$
91 Total 135.00$
92 7/23/2020 SAN GABRIEL VALLEY REGIONAL HOUSING TRUST FY 2020/21 Administrative Cost Contributions 15,000.00$
92 Total 15,000.00$
93 7/23/2020 SIEMENS INDUSTRY INC PO 200036 TRAFFIC ENG SVCS 156.00$
PO 200036 TRAFFIC SIGNAL SVCS 13,845.71$
PO 200036-TRAFFIC SIGNAL SVCS 8,378.01$
93 Total 22,379.72$
94 7/23/2020 SPECTRUM BUSINESS PO 200023-PHONE SVCS-I.T.3,423.96$
94 Total 3,423.96$
95 7/23/2020 THE SAUCE CREATIVE SERVICES INC DESIGN SVCS-LOGO 2,095.76$
95 Total 2,095.76$
96 7/23/2020 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 12,926.39$
WATER SVCS-DIST 39 11,547.63$
WATER SVCS-PARKS 28,660.76$
96 Total 53,134.78$
97 7/23/2020 WEST COAST ARBORISTS INC PO 200015 - TREE MAINTENANCE 86,569.80$
97 Total 86,569.80$
98 7/23/2020 WILDLIFE CORRIDOR CONSERVATION AUTH 2020/2021 Annual Contribution 500.00$
98 Total 500.00$
15/PP 20D 7/24/20 PAYROLL TRANSFER PAYROLL TRANSFER 15/PP 20 199,958.68$
15/PP 20D Total 199,958.68$
PP15/20A 7/24/20 CALPERS CALPERS PAYABLE 36,351.04$
PP15/20A Total 36,351.04$
PP15/20B 7/24/20 VANTAGEPOINT DEFERRED COMP PAYABLE - 7/24/2020 11,846.50$
PP15/20B Total 11,846.50$
PP15/20C 7/24/20 TASC FLEX SPENDING PAYABLE - 7/24/2020 1,641.75$
PP15/20C Total 1,641.75$
PP15/20E 7/24/20 CALPERS CALPERS PAYABLE 594.98$
PP15/20E Total 594.98$
1-16079180 7/24/2020 CALPERS SURVIVOR BILLING ADJUSTMENT 2,673.60$
3.2.b
Packet Pg. 24
1-16079180 Total 2,673.60$
1-16080277 7/24/2020 CALPERS SURVIVOR BILLING ADJUSTMENT 878.40$
1-16080277 Total 878.40$
PP14/20D 7/10/2020 PAYROLL TRANSFER PAYROLL TRANSFER 14/PP 20 202,683.42$
PP14/20D Total 202,683.42$
16075912 7/10/2020 PERS HEALTH JULY 2020 HEALTH INSURANCE PREMIUM 54,478.57$
16075912 Total 54,478.57$
PP14/20A 7/10/2020 CALPERS CALPERS PAYABLE 36,304.65$
PP14/20A Total 36,304.65$
07102020 7/10/2020 TASC FLEX SPENDING PAYABLE - 7/10/2020 1,641.75$
VANTAGEPOINT DEFERRED COMP PAYABLE - 7/10/2020 48,379.10$
07102020 Total 50,020.85$
Grand Total 1,142,975.95$
3.2.b
Packet Pg. 25
Agenda #: 3.3
Meeting Date: August 4, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH RAYCOM DATA TECHNOLOGIES, INC. FOR
DOCUMENT IMAGING SERVICES THROUGH APRIL 26, 2022.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the First Amendment to the Agreement with
Raycom Data Technologies, Inc. for document imaging services.
FINANCIAL IMPACT:
The amended total not-to-exceed amount of the multi-year Agreement would be
increased by $30,000 to $70,000. Sufficient funds are included in the Fiscal Year 2020-
21 City Manager’s Office budget to cover the cost of such services.
BACKGROUND/ANALYSIS:
On April 26, 2019, the City entered into a multi-year Consultant Services Agreement
with Raycom Data Technologies, Inc. for document imaging services with a not-to-
exceed amount of $40,000. The City prepared a significant number of permanent
records for document imaging and expended the $40,000 originally budgeted over the
course of the 2019-20 fiscal year. The records imaged include but are not limited to: LA
County TransAmerica files, Planning/Building & Safety records, as well as Public Works
hydrology and geotechnical reports.
On June 16, 2020, the City Council adopted the Fiscal Year 2020 -21 Operating Budget
allocating $30,000 for document imaging services. An amendment to the existing
agreement’s not to exceed amount will allow Raycom to continue performing document
imaging services on behalf of the City.
The services provided by Raycom Data Technologies, Inc. have been instrumental in
3.3
Packet Pg. 26
supporting the City Council’s goal of fostering an Open, Engaged and Responsive
Government. Raycom has proven to provide professional, high-quality work with a quick
turnaround and at competitive rates. There is a need to continue this partnership, as the
City works towards its goal of imaging all permanent historical records within 10 years.
LEGAL REVIEW:
The City Attorney has reviewed and approved the amended agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.3.a Raycom 1st Amendment
3.3
Packet Pg. 27
1450826.1
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is
made and entered into as of August 4, 2020, by and between the City of Diamond Bar, a
municipal corporation (“City”), and Raycom Data Technologies, Inc., a California
corporation (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of April 26, 2019, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to
modify, amend and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of forty thousand dollars ($40,000). Section 3 of
the Original Agreement is hereby amended to provide for an increase of thirty thousand
dollars ($30,000) so that the total not-to-exceed compensation, as amended by this First
Amendment shall not exceed seventy thousand dollars ($70,000) without the prior
authorization of the City.
5. Integration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supers ede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, th e Original
Agreement and except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any co nflict or inconsistency
between the terms and provisions of this First Amendment and the terms and provisions of
the Original Agreement, the terms and provisions of this First Amendment shall control.
3.3.a
Packet Pg. 28
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
"CONSULTANT" "CITY"
Raycom Data Technologies, Inc. CITY OF DIAMOND BAR
By: _________________________* :-z:.... ' C\ \I'-'(
Printed Na e: Ayaz Pandhiani Steve Tye, Mayor
Title : President
*By: ________________________----ATTEST:
Printed Name: __________
Title: _____________
Kristina Santana, City Clerk
APPROVED AS TO FORM:
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.
1450826.1
3.3.a
Packet Pg. 29
1450826.1
EXHIBIT “A”
ORIGINAL AGREEMENT
3.3.a
Packet Pg. 30
CONSULTANT SERVICES AGREEMENT
Mon -Design Professionals]
THIS AGREEMENT (the "Agreement") is made as of April 26, 2019 by and
between the City of Diamond Bar, a municipal corporation ("City") and Raycom Data
Technologies, Inc., a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the document imaging and quality
control 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 McLean, Assistant City Manager (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 April 26, 2019, and shall continue until April 26,
2022 ("Term"), unless earlier terminated pursuant to the provisions herein.
The City shall have the option to extend this Agreement for two (2) additional one
1) year terms, subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (30) days prior to
the expiration of the initial Term. In the event the City exercises its option to extend the
Term, Consultant's compensation shall be subject to an adjustment upon the effective
date of extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
Index Month") as reported by the Bureau of Labor Statistics of the United States
Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
1 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 31
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 thousand dollars ($40,000) 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.
C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt.
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,
2 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 32
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,
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, defend with counsel approved by City, 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 Consultant's performance of work
hereunder or its failure to comply with any of its obligations contained in this
3 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 33
Agreement, regardless of City's passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in 'its sole discretion find Consultant's legal counsel
unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the 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.
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
4 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 34
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)
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
5 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 35
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
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
6 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 36
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 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. Reserved.
19. Reserved.
20. Reserved.
21. Reserved.
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.
7 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 37
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. Reserved.
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"
Raycom Data Technologies, Inc.
1320 E. Imperial Avenue
EI Segundo, CA 90245
Attn.: Ayaz Pandhiani
Phone: 310-322-5113
E -Mail: ayaz@raycomdtech.com
CITY"
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Ryan McLean
Phone: 909-839-7016
E-mail: rmclean@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.
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
8 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 38
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"
Data Techgologies, Inc.
2 0.k,
e: AYEV Pandhianl
Title:
By:
Printed Name:
Title:
City°
CITY OF DIAMOND BAR
By:- (a
Daniel Fox, City onager
ATfE T: f
Tommye C bbins,'Gity Clerk
i
NOTE:If Consultant is a corporation, the City requires the following signature(s):
1) the Chairman of the Boant, 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, certfed by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
9 Professional Services - Non Design
1292531.1
3.3.a
Packet Pg. 39
EXHIBIT "A"
3.3.a
Packet Pg. 40
SCOPE OF WORK
Quantities
The need for services will vary throughout the course offhe agreement depending upon
volume. The immediate need is for approximately 100 banker's boxes worth of
documents and 300 commercial plans to be scanned and returned to the City by June
30th.
Preparation Requirements
Raycom Data Technologies, Inc. shall perform document preparation as necessary to
scan all files. This includes removing all staples, paperclips and other fasteners, repair all
torn documents with non -reflective tape, straighten all folded plans and mount any
irregular size document on standard 8 '/2" x 11" paper and otherwise make the
documents ready for processing.
Quality, Production and Pricing Requirements
a. All data must be preserved in a form identical to, or functionally equal to, the
original record.
b. Documents contain a mix of single -sided and double -sided pages.
c. Documents contain a mix of black & white and colored pages.
d. A document may consist of one or many pages. If the document has more
than one page this document must be scanned as a single file multi -page
document.
e. Document preparation to include separation of documents from their bindings
prior to scanning. The records need to be rebound in their correct order prior
to returning them to the City.
f. Each scanned image shall have a unique file name specified by the City.
g. Documents shall rotate to provide maximum readability (e.g. letters shall be in
proper orientation when document is displayed without rotation.)
h. Raycom Data Technologies, Inc. shall use 300 dpi or higher for those
documents where it is required to meet the quality requirements.
i. The Raycom Data Technologies, Inc. shall not scan blank documents.
j. Raycom Data Technologies, Inc, shall perform a consistency check on 20% of
the images. This shall include image clarity, orientation, and accuracy.
k. Raycom Data Technologies, Inc. shall calibrate and maintain systems
maintain consistency of output as described in ANSI/AIIM MS44-1988 (R 1993)
Recommended Practice for Quality Control Image Scanners; ensure that
scanning system is free from dust and other particles; maintain calibration
through each shift; use appropriate technical targets ad procedures as
defined by manufacturer).
I. Report and discuss any problem images that cannot be captured to meet
benchmark specifications.
3.3.a
Packet Pg. 41
SCOPE OF WORK
m. Raycom Data Technologies, Inc. invoices shall denote the number of scanned
pages being billed for the current invoice as well as the total number of pages
billed to date.
n. The City desires the option to destroy some or all original records scanned. In
order to do so, the quality of scanned documents and the diligence of quality
control must be superior.
Prior to releasing a box/roll of documents for scanning, the City will prepare each file by
removing duplicates and non -records, organizing the documents in the desired scanning
order, providing indexing, metadata and Optical Character Recognition (OCR)
instructions.
Any and all City documents in the possession of Raycom Data Technologies, Inc. must
be stored in a climate controlled safe and secure location. The City must have access to
all City documents in Raycom Data Technologies, Inc.'s possession upon request, with a
hard copy or electronic file provided within 24 hours.
Raycom Data Technologies, Inc. shall deliver the scanned documents to the City via a
secure file transfer. The delivered documents will be in a format that can be imported
directly into the City's Laserfiche system, including any indexing, metadata, and OCR
text. The documents should require no post processing by the City other than the
importing of data.
3.3.a
Packet Pg. 42
Appendix A
PlanetBids Line Items
Services Price per Image
Pick -u charge 35.00
Delivery charge 35.00
Project sef-up charge No Charge
Pre -scanning document preparation 0.028
Black & White 8.5 x 11 0.02
Black & White 8.5 x 14 0.02
Black & White 11 x 17 0.03
Black & White Oversized Architectural 0.52
Gre scale 8.5 x 1 1 0.02
Gre scale 8.5 x 14 0.02
Gre scale 11 x 17 0.03
Full Color 8.5 x 11 0.06
Full Color 8.5 x 14 0.06
Full Color 1 1 x 17 0.08
Full Color Oversized Architectural 0.95
Page Rotation No Charge
File re -assembly 0.028
Metadata Entry 0.005 Per Character
OCR Conversion No Charge
Data Transfer Laserfiche Briefcase No Charge
Quality control check No Charge
Other charges/fees None
61 Page
3.3.a
Packet Pg. 43
Agenda #: 5.1
Meeting Date: August 4, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: REVISED TEMPORARY SIGN AND TEMPORARY OUTDOOR
COMMERCIAL SERVICES POLICY
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the revised Temporary Sign and Temporary Outdoor Commercial Services
Policy.
FINANCIAL IMPACT:
Implementation of the COVID-19 Temporary Use Permit program will result in a waiving
of permit revenue to offset hourly costs to process approvals for temporary outdoor
uses. There are no direct costs associated with suspending temporary sign regulations.
BACKGROUND:
On June 2, 2020, the City Council adopted the following policies to accommodate
businesses as they reopen in accordance with the lifting of restricti ons imposed to limit
the spread of the COVID-19 virus:
1. Suspension of temporary sign regulations so that businesses are not penalized
for installing such signs without permits, or for installing signs that do not fully
comply with the standards set forth in the Diamond Bar Municipal Code.
2. Streamlining of the permitting process for temporary outdoor dining areas in
conjunction with restaurants to help mitigate for the occupancy reductions on
indoor dining spaces.
Two months later, COVID-19 continues to have a profound impact on lives and
livelihoods throughout the country. In response to the evolving situation, Los Angeles
County frequently publishes updated protocols regarding which businesses may
reopen, remain open, and/or the manner in which may operate , including provisions for
serving clients outdoors. To better accommodate the business community, staff
5.1
Packet Pg. 44
recommends that the City Council revise and expand the scope of Diamond Bar’s
regulatory relief initiatives to enable more local businesses to serve p atrons outdoors,
provided that they adhere to County protocols, which are subject to change from time to
time.
DISCUSSION:
The attached policy document updates the policies adopted on June 2, 2020 to suspend
regulations for temporary signs and establish a streamlined process for the approval of
temporary outdoor dining areas. A summary or the recommended policy updates is
provided below.
Temporary Signs
The current policy suspends temporary sign regulations until August 31, 2020. Because
the prolonged impact of COVID-19 will continue to place constraints on commerce, staff
is recommending that this policy be extended to the end of the calendar year.
Outdoor Commercial Services
The County of Los Angeles Department of Public Health is continually upda ting
reopening protocols in accordance with the Governor’s executive orders and the latest
scientific findings to provide guidance to businesses that may reopen with certain
modifications. The most recent protocols provide for outdoor operations of hair sa lons,
barbershops, fitness facilities and certain personal care establishments, while
prohibiting others that require a controlled hygienic environment to be performed safely.
To minimize local regulatory barriers to local businesses, staff recommends ex panding
the City’s streamlined permitting process for temporary outdoor operations so that it is
more generally applicable to any business as long as it operates in compliance with the
latest County protocols, which are subject to change from time to time.
All other provisions of the current policy pertaining to outdoor dining shall apply to these
additional uses, and remain in effect for as long as County protocols apply, or until such
time that the Council deems it warranted to discontinue them. Tempora ry Use Permit
application fees and any building permit fees associated with these outdoor areas will
be waived.
PREPARED BY:
5.1
Packet Pg. 45
REVIEWED BY:
Attachments:
1. 5.1.a Redlined Revisions to Policies for Temporary Signs and Temporary
Outdoor Uses
2. 5.1.b Revised Temporary Sign and Temporary Outdoor Commercial Services
Policy
5.1
Packet Pg. 46
5.1.a
Packet Pg. 47
COVID-19City of Diamond Bar Temporary Sign and Temporary Outdoor Dining Commercial Services Policy during COVID-19
Emergency | Page 1 of 4
Temporary Sign and Temporary Outdoor Dining
Commercial Services Policy
For Businesses During the COVID-19 Emergency
[Originally adopted on June 2, 2020 & Updated on August 4, 2020.]
Temporary Signs
The City Council has authorized the temporary suspension of the Temporary Sign
Regulations for businesses for a period of 90 days until December 31, 2020, commencing
on June 2, 2020, subject to the following guidelines and restrictions:
• Business operators must obtain property owner permission for any free-standing signs
not in locations controlled by the tenant.
• Businesses within a center are encouraged to coordinate efforts to provide a joint or
center-wide banner at prominent corners and center entrances to provide a
cohesive appearance and avoid sign clutter.
• Signs shall not be located within the public rights-of-way, medians or on other City
property.
• Signs or other advertising media shall not be placed on, attached to, tethered or
otherwise affixed to the roof of any building above the eave or parapet line.
• Signs or other advertising media shall not extend above the height of the building
associated with the businesses being promoted by such signs or advertising media.
Outdoor Dining Commercial Services
Purpose and Scope
In response to the COVID-19 emergency restrictions on indoor seating capacities
specified businesses, the City Council has streamlined the permitting process for
temporary outdoor dining areas commercial services in conjunction with restaurants
specific types of establishments. The requirement for a Minor Conditional Use Permit
(MCUP) for outdoor dining commercial services has been waived and made subject to
the administrative approval of a COVID-19 Temporary Use Permit (CV-TUP).
Fees are waived for CV-TUP applications, and any building plan checks and building
permits issued associated with temporary outdoor dining facilities commercial services.
5.1.a
Packet Pg. 48
COVID-19City of Diamond Bar Temporary Sign and Temporary Outdoor Dining Commercial Services Policy during COVID-19
Emergency | Page 2 of 4
These temporary provisions shall remain in effect as long as LA County Health capacity
restrictions reductions for indoor seating remain in effect, or until such time as the City
suspends, terminates or amends these procedures.
CV-TUP Application Requirements
The application materials listed below shall be submitted to the Community
Development Department. Materials may be submitted online or mailed to City Hall.
• A complete application form, signed by both the restaurant business applicant and
the property owner/center management company representative.
• A site plan (which may be hand-drawn on, for example, an aerial photo printed from
Google Maps or similar services) showing the following:
o Location of the seating area for outdoor services.
o A safe path to and from one or more doors of the restaurant business
establishment to the seating area for outdoor services.
o A seating plan showing the layout of any tables, chairs, trash receptacles, heaters,
shade structures and other proposed site amenities. Tents or canopies that cover
an area greater than 120 square feet require a permit from the Los Angeles County
Fire Department.
o If the area for outdoor dining area service is proposed in a parking lot, it shall be
designed such that:
➢ Barriers or other methods are proposed to protect seating areas from vehicles
encroaching into the area.
➢ It does not create a vehicular circulation conflict within the parking lot.
➢ If operation of the outdoor seating an outdoor business operation is proposed
during other than daylight hours, state how lights or other methods will be used
to ensure that drivers are aware of and can avoid the outdoor dining service
area.
Expedited Approval Procedures
Upon receipt of a CV-TUP application, Planning Division staff will review the application
and contact the applicant within three (3) business days:
• Staff will verify that all required information has been provided and requirements have
been satisfied. Applicants may be asked for additional information or clarifications
be provided to ensure consistency with requirements.
• Once approved, the applicant will be notified that the restaurant business has been
registered for the new/additional outdoor seating services.
5.1.a
Packet Pg. 49
COVID-19City of Diamond Bar Temporary Sign and Temporary Outdoor Dining Commercial Services Policy during COVID-19
Emergency | Page 3 of 4
• Upon installation of the temporary improvements, the applicant shall schedule an
inspection with City staff to ensure compliance with the approved plans all
applicable regulations. City staff will inspect the new/additional area for outdoor
services seating at the scheduled time. The restaurant business owner or restaurant
business manager must be present in order to immediately address any compliance
issues. If the inspection is approved, an email will be sent stating that the
new/additional area for outdoor seating services is approved to begin operation.
If other public agencies have permitting or licensing authority over the outdoor dining
operations of the restaurant business (such as LA County Public Health, the Department
of Alcoholic Beverage Control, California Board of Barbering and Cosmetology and LA
County Fire), the applicant shall be responsible for ascertaining and complying with the
requirements of those agencies.
Operating Requirements, Conditions and Limitations
• Spacing of Outdoor Uses – The delineated boundaries of each temporary outdoor
use shall be spaced at least six feet from the delineated boundaries of any other
outdoor use.
• Outdoor dining areas services shall not be used for activities that would promote
congregating, involve shared equipment, or amplify sound, including but not limited
to:
o Standing areas
o Live music
o Outdoor games
o Music over speakers
o Movies
o Broadcast sports
o Loudspeaker call systems
o Pets, except as provided in the Americans with Disabilities Act
• Required pedestrian paths and ADA access for all businesses shall be maintained at
all times.
• Seating shall be ADA compliant to the Building Official’s satisfaction.
• Seating and other areas in parking lots shall maintain adequate emergency vehicle
access, as well as access to fire hydrants and other firefighting equipment, to the
satisfaction of the LA County Fire Department.
• All outdoor areas associated with restaurant business operations shall be maintained
and kept clean of litter and spills.
• Electrical cords shall be securely anchored to the ground to prevent tripping hazards
or create ADA obstructions.
• All applicable requirements and guidance of the LA County Department of Public
Health shall be satisfied.
5.1.a
Packet Pg. 50
COVID-19City of Diamond Bar Temporary Sign and Temporary Outdoor Dining Commercial Services Policy during COVID-19
Emergency | Page 4 of 4
• All requirements of the Department of Alcoholic Beverage Control shall be satisfied.
5.1.a
Packet Pg. 51
5.1.b
Packet Pg. 52
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy | Page 1 of 3
Temporary Sign and Temporary Outdoor
Commercial Services Policy
For Businesses During the COVID-19 Emergency
[Originally adopted on June 2, 2020 & updated on August 4, 2020.]
Temporary Signs
The City Council has authorized the temporary suspension of the Temporary Sign
Regulations for businesses until December 31, 2020, subject to the following guidelines
and restrictions:
• Business operators must obtain property owner permission for any free-standing signs
not in locations controlled by the tenant.
• Businesses within a center are encouraged to coordinate efforts to provide a joint or
center-wide banner at prominent corners and center entrances to provide a
cohesive appearance and avoid sign clutter.
• Signs shall not be located within the public rights-of-way, medians or on other City
property.
• Signs or other advertising media shall not be placed on, attached to, tethered or
otherwise affixed to the roof of any building above the eave or parapet line.
• Signs or other advertising media shall not extend above the height of the building
associated with the businesses being promoted by such signs or advertising media.
Outdoor Commercial Services
Purpose and Scope
In response to the COVID-19 emergency restrictions on specified businesses, the City
Council has streamlined the permitting process for temporary outdoor commercial
services in conjunction with specific types of establishments. The requirement for a Minor
Conditional Use Permit (MCUP) for outdoor commercial services has been waived and
made subject to the administrative approval of a COVID-19 Temporary Use Permit (CV-
TUP).
Fees are waived for CV-TUP applications, and any building plan checks and building
permits issued associated with temporary outdoor commercial services.
5.1.b
Packet Pg. 53
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy | Page 2 of 3
These temporary provisions shall remain in effect as long as LA County Health restrictions
remain in effect, or until such time as the City suspends, terminates or amends these
procedures.
CV-TUP Application Requirements
The application materials listed below shall be submitted to the Community
Development Department. Materials may be submitted online or mailed to City Hall.
• A complete application form, signed by both the business applicant and the property
owner/center management company representative.
• A site plan (which may be hand-drawn on, for example, an aerial photo printed from
Google Maps or similar services) showing the following:
o Location of the area for outdoor services.
o A safe path to and from one or more doors of the business establishment to the
area for outdoor services.
o A plan showing the layout of any tables, chairs, trash receptacles, heaters, shade
structures and other proposed site amenities. Tents or canopies that cover an
area greater than 120 square feet require a permit from the Los Angeles County
Fire Department.
o If the area for outdoor service is proposed in a parking lot, it shall be designed such
that:
➢ Barriers or other methods are proposed to protect seating areas from vehicles
encroaching into the area.
➢ It does not create a vehicular circulation conflict within the parking lot.
➢ If an outdoor business operation is proposed during other than daylight hours,
state how lights or other methods will be used to ensure that drivers are aware
of and can avoid the outdoor service area.
Expedited Approval Procedures
Upon receipt of a CV-TUP application, Planning Division staff will review the application
and contact the applicant within three (3) business days:
• Staff will verify that all required information has been provided and requirements have
been satisfied. Applicants may be asked for additional information or clarifications
be provided to ensure consistency with requirements.
• Once approved, the applicant will be notified that the business has been registered
for the new/additional outdoor services.
• Upon installation of the temporary improvements, the applicant shall schedule an
inspection with City staff to ensure compliance with the approved plans all
5.1.b
Packet Pg. 54
COVID-19 Temporary Sign and Temporary Outdoor Commercial Services Policy | Page 3 of 3
applicable regulations. City staff will inspect the new/additional area for outdoor
services at the scheduled time. The business owner or business manager must be
present in order to immediately address any compliance issues. If the inspection is
approved, an email will be sent stating that the new/additional area for outdoor
services is approved to begin operation.
If other public agencies have permitting or licensing authority over the outdoor
operations of the business (such as LA County Public Health, the Department of Alcoholic
Beverage Control, California Board of Barbering and Cosmetology and LA County Fire),
the applicant shall be responsible for ascertaining and complying with the requirements
of those agencies.
Operating Requirements, Conditions and Limitations
• Spacing of Outdoor Uses – The delineated boundaries of each temporary outdoor
use shall be spaced at least six feet from the delineated boundaries of any other
outdoor use.
• Outdoor services shall not be used for activities that would promote congregating,
involve shared equipment, or amplify sound, including but not limited to:
o Standing areas
o Live music
o Outdoor games
o Music over speakers
o Movies
o Broadcast sports
o Loudspeaker call systems
o Pets, except as provided in the Americans with Disabilities Act
• Required pedestrian paths and ADA access for all businesses shall be maintained at
all times.
• Seating shall be ADA compliant to the Building Official’s satisfaction.
• Seating and other areas in parking lots shall maintain adequate emergency vehicle
access, as well as access to fire hydrants and other firefighting equipment, to the
satisfaction of the LA County Fire Department.
• All outdoor areas associated with business operations shall be maintained and kept
clean of litter and spills.
• Electrical cords shall be securely anchored to the ground to prevent tripping hazards
or create ADA obstructions.
5.1.b
Packet Pg. 55