HomeMy WebLinkAbout020618 - Agenda - Regular MeetingCity Council Agenda
Tuesday, February 6, 2018
Closed Session-5:30 p.m. Room CC-8
Regular Meeting -6:30 p.m.
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
RUTH M. LOW
Mayor
CAROL HERRERA
Mayor Pro-Tem
JIMMY LIN
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins
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item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
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Members of the public may address the Council on any item of business on the agenda during
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complexity of the matter, the length of the agenda, the hour and any other relevant
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public hearings, when the applicant/appellant may be afforded a rebuttal.
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chambers. The City Council may take action on any item listed on the agenda.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
February 06, 2018
Next Resolution No. 2018-07
Next Ordinance No. 01(2018)
CLOSED SESSION: 5:30 p.m., Room CC-8
PUBLIC COMMENT ON CLOSED SESSION AGENDA
City of Diamond Bar v. Oversight Board of the Successor Agency to the Industry
Urban-Development Agency, et al., Sacramento Superior Court Case No. 34 -
2017-80002718
City of Diamond Bar v. City of Industry, et al., Los Angeles Superior Court Case
No. BS171295
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Monsignor James Loughnane
St. Denis Catholic Church
ROLL CALL: Lin, Lyons,Tye, Mayor Pro Tem
Herrera, Mayor Low
FEBRUARY 6, 2018 PAGE 2
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 Coffee Bean & Tea Leaf, 235 S. Diamond Bar Boulevard, as New Business
of the Month for February.
1.2 PREVIEW OF THE CITY’S NEW WEBSITE.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or matters of interest to the public that are not
already scheduled for consideration on this agenda. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission Meeting – February 8, 2018 –
7:00 p.m., Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting – February 13, 2018 – 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.3 Presidents Holiday-February 19, 2018-City offices will be closed
Monday, February 19, 2018 in observance of Presidents Holiday. City
offices will reopen on Tuesday, February 20, 2018 at 7:30 a.m.
5.4 City Council Meeting – February 20, 2018 – 6:30 p.m.,
AQMD/Government Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
FEBRUARY 6, 2018 PAGE 3
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 CITY COUNCIL MEETING MINUTES.
6.1.a Regular Meeting of January 16, 2018.
Recommended Action: Approve.
Requested by: City Clerk
6.2 PARKS AND RECREATION COMMISSION MEETING MINUTES.
6.2.a Special Meeting of November 16, 2017.
Recommended Action: Receive and File.
Requested by: Parks & Recreation Department
6.3 TRAFFIC & TRANSPORTATION COMMISSION MEETING MINUTES.
6.3.a Regular Meeting of January 11, 2018.
Recommended Action: Receive and File.
Requested by: Public Works Department
6.4 PLANNING COMMISSION MEETING MINUTES.
6.4.a Regular Meeting of November 28, 2017.
Recommended Action: Receive and File.
Requested by: Community Development Department
6.5 GENERAL PLAN ADVISORY COMMITTEE MEETING MINUTES.
6.5.a General Plan Advisory Committee Meeting of June 15, 2017
Recommended Action: Receive and File.
Requested by: Community Development Department
6.6 RATIFICATION OF CHECK REGISTER DATED JANUARY 11, 2018
THROUGH JANUARY 31, 2018 TOTALING $ 1,655,488.32.
Recommended Action: Ratify.
Requested by: Finance Department
6.7 TREASURER'S STATEMENT FOR DECEMBER 2017.
Recommended Action: Approve.
Requested by: Finance Department
FEBRUARY 6, 2018 PAGE 4
6.8 CONSULTANT SERVICES AGREEMENT WITH TAIT & ASSOCIATES,
INC. FOR THE DESIGN OF AREA 6 RESIDENTIAL AND COLLECTOR
ROAD REHABILITATION PROJECT.
Recommended Action: Approve, and authorize the Mayor to sign, a
Consultant Services Agreement with Tait & Associates, Inc. in the amount
of $50,000, plus a contingency amount of $5,000 for a total authorization
amount of $55,000.
Requested by: Public Works Department
6.9 GENERAL PLAN STATUS REPORT FOR 2017.
Recommended Action: Receive and file.
Requested by: Community Development Department
6.10 ADDITIONAL APPROPRIATION FOR SPECIAL LEGAL SERVICES.
Recommended Action: Approve, and appropriate $250,000 in additional
General Fund Reserves to continue special legal services provided by
Sheppard, Mullin, Richter & Hampton LLP.
Requested by: City Manager
7. PUBLIC HEARINGS: NONE
8. COUNCIL CONSIDERATION:
8.1 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROPOSED
RULE 1410 ANALYSIS.
Recommended Action: Provide direction whether or not to take a position
on SCAQMD Proposed Rule 1410.
Requested by: City Manager
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 6.1
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MEETING MINUTES.
RECOMMENDATION:
Approve.
PREPARED BY:
Attachments:
1. 6.1.a Regular Meeting of January 16, 2018.
6.1
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 16, 2018
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:30 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance.
INVOCATION: None.
ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem
Herrera, and Mayor Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public
Works Director; Dianna Honeywell, Finance Director; Kimberly Young, Senior Civil
Engineer; John Beshay, Associate Engineer; Anthony Santos, Assistant to City
Manager; Alfa Lopez, Senior Management Analyst; Dannette Allen, Management
Analyst; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information
Manager; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City
Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 M/Low and Councilmembers presented a City Tile to Dr. Donna
Earnheart, owner of the Village Animal Hospital, 23379 Golden Springs
Drive, as Business of the Month for January 2018.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox reported that The Coffee Bean & Tea Leaf is scheduled to open
tomorrow morning and hoped everyone would drop by and welcome them to the
community. The Chamber of Commerce plans an official Ribbon-Cutting
Ceremony the early part of February. In addition, Chipotle will open on
Thursday. This is an exciting week for Diamond Bar with two new businesses
opening their doors to the community.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Manager, announced that on Wednesday,
January 24th at 1:00 p.m. the Asian Americans Advancing Justice will offer an
informative presentation on Advanced Healthcare Directives, Durable Power of
Attorney and California Statutory Wills. Individual consultations will be available
for lower income individuals and seniors 62 years and older. On Saturday,
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January 27th at 3:00 p.m. individuals will learn simple beauty recipes with
ingredients found in the kitchen and facial massage movements that can be done
at home. The library will host a Bubble Science Show on Wednesday, January
31st at 4:00 p.m. All ages are welcome. For further information on these and
other events, check out the library’s website at colapublib.org/libs/diamondbar/
Allen Wilson said that Diamond Bar has different neighborhoods and he would
like to have the City consider neighborhood banners similar to those he saw on a
recent trip to Vancouver, B.C. in addition to the military banners. He provided a
concept design for Council’s consideration.
Lee Paulsen spoke about concerns regarding the Millennium Development
project including bulldozing of several acres of South Coast Live Oak riparian
forest behind Kicking Horse Drive. Residents obtained an independent
ecological report that found that the habitat was heavily dominated by sensitive
Coast Live Oaks. He read the 2006 EIR for Millennium which, in his opinion, is
poorly written and outdated and is a travesty of minimizing inaccuracies and
misdirection. The City’s General Plan Update project shows a Red Line Existing
Conditions Habitat map on Page 13 of the Existing Conditions report which does
not show any Coast Live Oak Woodland in the recently damaged area or
anywhere in the City except for one small area in the north. LA County Oak
Woodland maps indicate that Diamond Bar has a dominate Coast Live Oak
Woodland in the City which is further verified by using the CDFW Eco -System ID
data. His concern is that the paid consultant says there is no Oak Live
Woodlands anywhere else in the City except in the north corner and because of
illegal bulldozing that is what has been cut down.
Robin Smith said she has heard troubling reports about damage being caused by
Millennium. She is concerned about the value of the community and something
she treasurers which is the oak woodlands and habitats. She has read all of the
EIR reports and believes they are inaccurate. She understands that there is
better science today and believes Diamond Bar deserves the best information
available to it. According to the Planning Department the City has no law or code
to protect resident birds like the raptors and the gnatcatchers in the Coastal
Scrub when making trails or any other so-called improvement on private
property. She believes that private residences should not be categorically
exempt because CEQA says that the exception to that rule is “if there is a special
sensitive environmental area on that property.” She provided before and after
photos of the Millennium project grading. Millennium has a legal right only for
ingress/egress and they do not have a right to come on private property on a
slope.
Guwen Wang, DBHS student, commented on the Millennium Development
project. She understands it is nearly impossible for the Planning Department
staff to detect shady business practices or reputations of applicants. Yet, the
public’s inquiry about these emerging connections/patterns, intensify public
concerns as to what guardrails are in place to assure neighborhood integrity –
6.1.a
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especially, one small parcel at a time, because over time, small parcels
cumulatively impact the entire City’s ecosystem. She wanted to know by
itemized cost the financial burden to the taxpayers of legal problems with
Millennium Development that have incurred. Furthermore, what will the City do
to stop damages to private properties incurred by New Millennium? She asked
that her questions be answered in writing by February 24, 2018 and said that a
copy of her speech with her email address and sources will be emailed to the
City.
Diego Tamayo voiced concerns about the City’s policy on Oak Woodlands as of
this point in time. He asked for an explanation as to why the Millennium Tract
53430 project was not subject to the Los Angeles County Woodland
Conservation Guide. Why hasn’t the City of Diamond Bar initiated what is right
for these Oak Woodlands? Aren’t we a Tree City, USA? For the future General
Plan Update will the City adopt and implement LA County Oak Woodland
Conservation Guide 2014? He asked that CCD/Gubman explain the
development process for environmentally sensitive projects. Does the City plan
to hire an Urban Forester who is trained to ensure the best practice in landscape
services and tree management.
Mr. Wu who resides on Kicking Horse showed a photo of the backyard of his
property which shows that a fence he put up about two years ago was allegedly
destroyed by a contractor who was hired by Millennium after Christmas 2017.
He and his family just returned to their home yesterday and discovered that
Millennium had constructed a fence and yellow tape on his property which left
them with no access to portions of their property.
4. RESPONSE TO PUBLIC COMMENTS:
CA/DeBerry responding to the complaints regarding Millennium indicated they
have the right to clear that site to develop its homes. Many speakers were
concerned that the EIR that was done in 2006 was inadequate, but the reality is
that the City cannot reopen that EIR unless there is some significant change in
the project. So Millennium has had the right to develop their property in
accordance with the EIR and in accordance with the mitigation measures which,
the City acknowledges they have violated and the City is taking care of those
violations at this point in history. With respect to the Kicking Horse ridge
property, the City has looked at this issue before and most recently in a matter
that is currently being litigated, the Court looked at this issue and found that
Millennium has an easement over those private properties and they can go upon
those private properties to develop and construct Alamo Heights Drive. At least
preliminarily, the Court has found on Millennium’s behalf that they have the ability
and it could well be that the property owner previous to the gentleman who
spoke, gave that easement to Millennium and his property is burdened by that
easement. Millennium has the right to go on his private property and develop the
street.
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C/Lyons asked CA/DeBerry about the resident who claimed that Millennium had
put a fence around his property so that he could not get to all of it and whether
that would be covered under the easement.
CA/DeBerry said it would be difficult to determine without knowing all of the
particular facts. If that fence is a screen fence and it is within the easement area
of Millennium it is difficult for him to judge how and where it might cut off other
parts of his property. If the fence is within the easement area they may have the
right to do that and it may actually be required of Millennium. He does not really
know the particulars on that fence.
C/Lyons asked what CA/DeBerry would advise the resident to do if he was not
sure.
CA/DeBerry said he would need to speak with his own attorney for direction.
C/Lin said that if the speaker is correct and his fence was destroyed would
Millennium have an obligation to rebuild the fence.
CA/DeBerry responded no, they would not because that fence is within an
easement area that will someday be a street and the fence would have had to
come down in any event. As a property owner, once an easement is provided to
Millennium, Millennium has the right to remove any improvements in order to
build its facility.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Winter SnowFest – Saturday, January 20, 2018 – 9:00 a.m. to 3:00 p.m.,
Pantera Park, 738 Pantera Drive.
5.2 Planning Commission Meeting – January 23, 2018 – 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting – January 25, 2018 – 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.4 Joint Meeting of the City Council and Planning Commission
Consideration of preferred Land Use Alternatives for the General Plan
Update) – January 30, 2018 at 6:30 p.m., Windmill Community Room,
21810 Copley Drive.
5.5 City Council Meeting – February 6, 2018 – 6:30 p.m., AQMD/Government
Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, C/Lin seconded, to approve the
Consent Calendar with the exception of Item 6.3 pulled for separate
consideration and discussion by C/Lin. Motion carried by the following Roll Call
6.1.a
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vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES:
6.1a Study Session Meeting of December 19, 2017 – as submitted.
6.1b Regular Meeting of December 19, 2017 – as submitted.
6.2 RATIFIED CHECK REGISTER DATED DECEMBER 15, 2017 THROUGH
JANUARY 10, 2018 TOTALING $1,442,373.97.
6.4 ADOPTED RESOLUTION NO. 2018-01 QUITCLAIMING THE CITY OF
DIAMOND BAR’S INTEREST IN A PORTION OF HAWKWOOD ROAD
LOCATED WITHIN TRACT 47850 OF THE DIAMOND BAR COUNTRY
ESTATES.
6.5 ADOPTED RESOLUTION NO. 2018-02 APPROVING AN UPDATED
INVESTMENT POLICY FOR FY 2017-18
6.6 APPROVED CONSULTANT SERVICES AGREEMENT WITH CDWG TO
REPLACE THE CITY’S NETWORK INFRASTRUCTURE AND
IMPLEMENT NEW SECURITY APPLICANCES FOR A NOT -TO-EXCEED
AMOUNT OF $160,567.78.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.3 ADOPTED RESOLUTION NO. 2018-03 APPROVING A LAND AND
WATER CONSERVATION GRANT APPLICATION IN THE AMOUNT OF
2.5 MILLION DOLLARS FOR THE DESIGN AND CONSTRUCTION OF
THE FUTURE SUNSET CROSSING PARK PROJECT.
C/Lin stated that the cost to build the park if proposed to be $5 million and
this grant is for half of that amount. Is there a time within which the City
must build the park or does the City have to wait until all of the funds are
in place prior to construction?
CM/Fox said it is staff’s understanding that if the City is successful in
getting the grant awarded to the City the City will be advised this fiscal
year and will be able to begin including that in the upcoming budget for FY
2018-19. The maximum grant amount is $2.5 million. Part of the process
is the design which will have public participation through community
outreach. Once the type of amenities have been determined staff will be
in a position to determine a true budget and how much of the grant can be
utilized. It is a 50/50 match and there are funds that the City will need to
put up for construction and staff believes it will be able to accommodate
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that in the upcoming Capital Improvement Budget.
C/Lin asked what the chances are of being awarded the grant.
CM/Fox said staff believes it is pretty strong because the City is
underserved with parks in that portion of the community and is something
for which the City will successfully compete.
C/Lyons asked if the funds were available for this proposed project
because of the measure that was passed for the LA County Parks.
CM/Fox responded that this is a state-level grant and there would
potentially be other funding sources that the City could potentially tap for a
successful project.
C/Lin moved, C/Lyons seconded, to Adopt Resolution No. 2018 -03
approving a Land and W ater Conservation grant application in the amount
of $2.5 million for the Design and Construction of the future Sunset
Crossing Park Project. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 CITY FACILITY USE, RENTAL AND ALLOCATION OF PARKS AND
ATHLETIC FIELDS POLICY UPDATES, AND SCHEDULES OF RATES,
FEES AND CHARGES FOR PARKS & RECREATION FACILITY
RENTALS PROGRAMS AND SERVICES.
ACM/McLean presented staff’s report stating that Items 8.1A and 8.1B are
two separate resolutions, one establishing policies for the Use, Rental and
Allocation of City Facilities and the second resolution establishing Rates,
Fees and Charges for Parks & Recreation Facility Rentals, Programs and
Services.
This project began in 2016 with a citywide Comprehensive User Fee
Study which looked at all of the City’s fees and charges for different types
of services, programs and rentals and was completed in February 2017.
In April 2017 the Fee Study Subcommittee was created with M/Low and
C/Lyons serving as members. In May the Council adopted the Fee
Study’s recommendations for fee revisions in Development and
Administrative Services and directed staff and the subcommittee to return
with recommendations for Parks & Recreation Fees and Policies. In
September and October the subcommittee met with staff to consider some
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options that were presented and made recommendations for the Parks
and Recreation Fees and Policies. These recommendations were
presented to the Parks & Recreation Commission at their November 2017
meeting during which the Parks & Recreation Commission unanimously
approved the subcommittee’s recommendations as presented. In
December 2017 a presentation of the recommendations was made to the
City Council during a Study Session. Council provided input which was
incorporated in the item before the Council for consideration this evening.
The reason the City is looking at policies in addition to the fees is because
many of the Parks & Recreation Fees are based on terms and conditions
that are set forth in policy documents including those for the Diamond Bar
Center, the Diamond Bar Use Policy and the Park, Athletic and Facility
Use Policy and the Fee revisions require corresponding Policy revisions.
After reviewing the existing policies, it is recommended that the two
existing policies mentioned be separated into three as follows which are
now before the Council:
1) The Facility Use and Rental Policy sets guidelines for the Diamond
Bar Center (DBC), Heritage Park Community Center and Pantera
Park Activity Room.
2) The Athletic Facility Use and Allocation Policy sets guidelines for all
City-allocated athletic facilities, including those owned by local
school districts and operated under a joint use agreement.
3) The Park and Picnic Use and Rental Policy sets guidelines for all
parks and picnic facilities in the City.
4) The proposed Fee Schedule applies to each of the policies.
The Policy and Fee amendments before the City Council have been
revised with the goal of increasing clarity to staff and the public, improving
customer service, creating new efficiencies where available, setting
equitable methods of allocation of public facilities to applicants and,
reducing City subsidization for long-term financial sustainability.
It should be noted that all fee-related changes are included in staff’s report
and if approved, those policies and fee changes would apply only to new
rental contracts and new registrations in community programs.
ACM/McLean proceeded to summarize the proposed changes as
contained in the staff report.
C/Lyons asked for clarification if the maximum number of hours that would
be allocated free (no-cost) to the senior groups was 236.
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ACM/McLean responded that C/Lyons was correct. Based on the days
and the time that each room would be allocated for priority senior use , the
per week totals 236 hours.
C/Lyons felt it was important for the community to realize the amount of
programming space that is being allocated to the seniors which is very
substantial and very important to the City.
M/Low asked if the senior time amounted to 60 percent use.
ACM/McLean said he would check and report back.
MPT/Herrera thanked M/Low and C/Lyons for their con tribution and staff
for a very thorough review and analysis of what the City does and how it
can be improved through this revision and update.
M/Low asked if in addition to the ordinance to prohibit marijuana the City
had a policy of no tobacco smoking within the Diamond Bar Center and
Heritage Park Center.
ACM/McLean said the current practice included within the policy
presented this evening that smoking is not allowed within the Diamond Bar
Center while it is allowed in specific areas away from the building.
M/Low asked for Public Comment.
With no one present who wished to speak on this item, M/Low closed
Public Comments.
C/Lin moved, C/Lyons seconded, to A) Adopt Resolution No. 2018-04
Establishing Policies for the Use, Rental and Allocation of City Facilities,
Parks and Athletic Fields, and B) Adopt Resolution No. 2018-05
Establishing Schedules of Rates, Fees and Charges for Parks &
Recreation Facility Rentals, Programs and Services. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW
COMMITTEE (MSRC) GRANT APPLICATION TO PURCHASE AN
ELECTRIC CHARGING STATION, TWO ELECTRIC VEHICLES, AND A
HEAVY DUTY NEAR ZERO EMISSION VEHICLE.
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SMA/Lopez presented staff’s report stating that this item would authorize
staff to apply for the MSRC Fund outlined in staff’s report. Eligible project
categories to meet this goal include the purchase of clean air vehicles and
funding for charging stations public or private. The proportional share of
funding set aside for the City of Diamond Bar is $73,930. The proposed
grant application submittal includes the purchase of an electric vehicle
charging station at City Hall and three clean air vehicles. This program is
a guaranteed funding for the City of Diamond Bar. It is non-competitive
and it is a voluntary program. Requirements include tonight’s presentation
and adoption of the resolution in order to receive authorization for staff to
move forward with the application. With tonight’s presentation, the City
has met three out of the four application requirements. If the City Council
elects to adopt the resolution, staff would begin the application process to
secure the funds and move forward with the project as outlined in staff’s
report.
MPT/Herrera asked if when the City applies it is guaranteed to receive the
funds.
SMA/Lopez said that MPT/Herrera was correct as long as the City meets
the program categories which it has because the types of projects were
outlined in the application that meet the guidelines.
C/Tye asked what, if any, strings are attached to this.
SMA/Lopez explained that part of the funding mechanism behind the
MSRC is the guaranteed annual funding for the City of approximately
70,000 for clean air projects for which the City would use matching funds.
Requirements for funding include staff coming back at a future date to
present options for City Council to adopt a fee so that the City can recover
some of the maintenance and energy costs associated with the Electric
Vehicle Charging Station.
C/Tye said he was not concerned about staff doing what they needed to
do but he is worried about this organization coming to the City and saying
by the way, we forgot to tell you about this, or by the way, we’re
implementing this. Is staff at all concerned about that possibility?
SMA/Lopez explained that the implementation timeline is about 60 months
and does not foresee that there would be any concerns the City would
have in implementing the project in a timely fashion.
C/Lyons asked if the Charging Station would come back to Council in
terms of access to the charging station, who can use it and what the fees
will be, etc. which will take place prior to installation.
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SMA/Lopez responded yes, there are several items that will come back
once staff has the greenlight to move forward. Staff will be working with
partners from Edison, put together a design, scope of work and request for
proposal and anything further required for the purchasing ordinance.
M/Low asked where the money comes from for this project – state funding
or federal grants.
SMA/Lopez said that there is a portion of money set aside when the
vehicle is registered that is set aside for the funding of MSRC projects. A
portion of the grant is a matching program such as today’s grant and
another is funds that are earmarked for cities which is part of the AB 2766
mentioned in staff’s report.
M/Low asked for Public Comments.
There being no one who wished to speak on this item, M/Low closed
Public Comments.
MPT/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2018-06
approving a Mobile Source Air Pollution Reduction Review Committee
Grant Application in the amount of $73,930 and authorized the City
Manager, or Designee, to Execute and Submit all Documents Necessary
to Accept, Administer and Expend the Grant Funding. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye encouraged everyone to join in the festivities of the SnowFest on Saturday
from 9:00 a.m. to 3:00 p.m. at Pantera Park. Tons of snow will be brought in,
people will engage in sledding and supporting the non-profits selling food and
goodies. He wished everyone a very Happy New Year.
MPT/Herrera echoed C/Tye that it will be a lot of fun on Saturday at the Snow
Fest. She wondered if the rain would dampen the event.
CM/Fox said there is a slight chance of rain on Friday and staff is not too
concerned. Saturday should be a beautiful day although somewhat cooler .
Fingers crossed that the rain on Friday does not hinder anything.
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MPT/Herrera said that due to heavy rains last year was canceled but it should be
a lot of fun this Saturday. Happy New Year to everyone!
C/Lin wished everyone a Happy New Year – a new year brings new home and
new prosperity to the City and all residents. It was a big surprise to hear that one
of the biggest advocates of the SR57/60 Confluence Project is retiring from
Congress. Congressman Ed Royce is retiring and Diamond Bar may have to
work a little harder to make sure it acquires the funding to fix the freeways which
is a very timely matter. Congressman Ed Royce is wished good luck.
C/Lyons expressed her extreme appreciation to ACM/McLean and other staff
members who worked tirelessly for months to update and consolidate the City’s
Park Policies and fees. Previously, these items were somewhat disorganized
and now they are very organized, consolidated and easy to understand and the
rates have been brought up a bit which is good for the City considering costs
have gone up as well. She and M/Low very much appreciate all of staff’s hard
work and is glad the item passed the Council unanimously. She congratulated
staff on starting a new Organics Recycling program that will reduce food waste.
She thinks it will be a good thing to do and she looks forward to hearing from
staff on how well the program is working and perhaps she will start one at home.
In terms of upcoming events, don’t miss the SnowFest. Also on Tuesday,
January 30th there will be of great interest to adults, a joint meeting of the
Planning Commission and City Council at 6:30 p .m. in the Windmill Room to
discuss recommendations from the General Plan Advisory Committee regarding
the future of Diamond Bar.
M/Low complimented ACM/McLean and his staff for their hard work in putting the
Fee Schedule and Policies document together. She is so impressed about how
he and his staff work, especially in the area of field allocation with the users who
are very demanding with their time and schedules. Staff members give of
themselves over and above to satisfy those requests – thank you for your
excellent customer services to Diamond Bar residents. It is a new year and she
agrees with C/Lin that there are a lot of exciting things happening. The Coffee
Bean & Tea Leaf is opening, Chipotle is opening and she can’t wait for The Habit
to open. Things are looking good and it is exciting. She is also excited about an
item on tonight’s Consent Calendar which was the grant for $2.5 million for
creation of a new park in the northern part of Diamond Bar. The parcel is on
Sunset Crossing next to the Pony fields which will be a nice addition because
there are no parks in that area. It might take a while and it will take a lot of work
so thank you in advance to staff for putting together the massive grant application
and all of the work the park will take. It may take a couple of years to come to
fruition but it is very exciting to look forward to a new park for the residents.
Another item on the Consent Calendar was the updates to the City’s investment
policies which is a project that is headed by the Finance Department. This
highlights the City’s goal in financial stewardship and it is an expression to
residents that the City is taking care of its finances and highlights the goal of
transparency in City government which better serves the City and its residents.
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Thank-you to everyone for joining the Council this evening and she hopes to see
everyone at the SnowFest on Saturday.
ADJOURNMENT: With no further business to conduct, M/Low adjourned the
Regular City Council Meeting at 7:49 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2018.
RUTH LOW , MAYOR
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Agenda #: 6.2
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PARKS AND RECREATION COMMISSION MEETING MINUTES.
RECOMMENDATION:
Receive and File.
PREPARED BY:
Attachments:
1. 6.2.a Special Meeting of November 16, 2017.
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Agenda #: 6.3
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TRAFFIC & TRANSPORTATION COMMISSION MEETING MINUTES.
RECOMMENDATION:
Receive and File.
PREPARED BY:
Attachments:
1. 6.3.a Regular Meeting of January 11, 2018.
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Agenda #: 6.4
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PLANNING COMMISSION MEETING MINUTES.
RECOMMENDATION:
Receive and File.
PREPARED BY:
Attachments:
1. 6.4.a Regular Meeting of November 28, 2017.
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Agenda #: 6.5
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: GENERAL PLAN ADVISORY COMMITTEE MEETING MINUTES.
RECOMMENDATION:
Receive and File.
PREPARED BY:
Attachments:
1. 6.5.a General Plan Advisory Committee Meeting of June 15, 2017
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Agenda #: 6.6
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JANUARY 11, 2018
THROUGH JANUARY 31, 2018 TOTALING $ 1,655,488.32.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,655,488.32.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
DISCUSSION:
The attached check register containing checks dated January 11, 2018 through January
31, 2018 for $1,655,488.32 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.6.a Check Register Affidavit 2-6-18
2. 6.6.b Check Register 2-6-18
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Agenda #: 6.7
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT FOR DECEMBER 2017.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact.
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City’s Investment Policy.
PREPARED BY:
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Attachments:
1. 6.7.a December 2017 Treasurer's Report
2. 6.7.b December 2017 Investment Portfolio Summary
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Agenda #: 6.8
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH TAIT & ASSOCIATES,
INC. FOR THE DESIGN OF AREA 6 RESIDENTIAL AND COLLECTOR
ROAD REHABILITATION PROJECT.
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Consultant Services Agreement with Tait &
Associates, Inc. in the amount of $50,000, plus a contingency amount of $5,000 for a
total authorization amount of $55,000.
FINANCIAL IMPACT:
The FY 17-18 Capital Improvement Program budget for the Area 6 Residential and
Collector Road Rehabilitation Project allocates $60,000 of Hauler Fees for design
services.
Area 6 Residential & Collector
Road Maintenance
Slurry Seal & Chip Seal &
Overlay)
Project # 01418
Design Budget
Encumbrance/
Expenses
Balance
Hauler Fees $60,000.00 $60,000.00
Consultant Services for Design ($50,000.00)$10,000.00
Consultant Services for Design
Contingency ($
5,000.00)$5,000.00
Balance $5,000.00
The total contingency amount of $5,000.00 for Tait & Associates, Inc. will only be used
in the event of unforeseen circumstances that will warrant a contract change order.
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Upon completion of the design and engineer’s estimate for the Area 6 Residential and
Collector Road Rehabilitation Project, funding for construction would need to be
included in the Fiscal Year 18-19 Capital Improvement Program.
BACKGROUND/DISCUSSION:
The project objective is to complete approximately 12 centerline miles of residential and
collector streets with slurry seal, chip seal and asphaltic concrete (AC) overlay and to
remove/repair isolated damaged AC pavement as determined by field conditions in Area
6 which is the next area scheduled for street rehabilitation . As discussed in the
attached consultant’s proposal (Exhibit “A”) and shown on location map (Exhibit “B”),
the project will include a field investigation, utility coordination, pavement analysis, and
preparation of plans and specifications.
Concurrently with the design of this Project, a separate design for the Community
Development Block Grant (CDBG) funded Area 6 Residential Neighborhood ADA Curb
Ramps Improvement Program will begin shortly. Staff will utilize one of the City’s civil
engineering on-call consultants for the design of the ADA Curb Ramps Improvement
Project. The installation of the compliant ADA Curb Ramps will take place before the
residential and collector streets resurfacing in Area 6 during the first quarter of next
Fiscal Year 18-19.
Two (2) proposals were received for engineering design services for the Area 6
Residential and Collector Road Rehabilitation Project in response to the City’s Request
for Proposals (RFP). The proposals were reviewed and evaluated based on:
1) General responsiveness to the City’s RFP
2) Staff and firm experience with projects in similar size and scope
3) Approach/methodology
4) Hours and level of effort
5) Ability to meet the City’s schedule and expectations
6) References
In consideration of the six (6) criteria mentioned above, staff concurred that the best
qualified firm for this project is Tait & Associates, Inc. They submitted a thorough
proposal for design which detailed their methodology and approach clearly while
identifying critical strategies that have been tailored specifically for this project.
Additionally, Tait & Associates, Inc. has provided satisfactory design services on past
projects for the City and has been able to develop an efficient process to complete the
plans and specifications.
The table below lists the proposed fees from these professional engineering
consultants:
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Consultant Area 6 Residential and Collector Road Rehabilitation
Tait & Associates, Inc. $50,000.00
Onward Engineering, Inc. $51,015.00
The tentative schedule of this project is as follows:
Award of Contract February 6, 2018
Notice to Proceed February 15, 2018
Completion of Design May 2018
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.8.a CONSULTING SERVICES AGREEMENT-TAIT & ASSOCIATES, INC
2.6.2018
2. 6.8.b PROJECT LIMITS MAP-EXHIBIT B
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12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Reserved
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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. Prevailing Wage. Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and
not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California,
and are available to any interested party on request. City also shall cause a copy of
such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than two hundred
dollars ($200.00) for each laborer, workman or mechanic employed for each calendar
day or portion thereof, if such laborer, workman or mechanic is paid less than the
general prevailing rate of wages hereinbefore stipulated for any work done under this
Agreement, by him or by any subcontractor under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which
precludes the award of a contract for a public work on any public works project awarded
after April 1, 2015. This Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
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C. PROJECT DESIGN
PROJECT UNDERSTANDING
The City of Diamond Bar is seeking a civil engineering firm to provide design engineering services for the
following project area:
1) Area 6 Residential & Collector Street Rehabilitation (Per Exhibit A of RFP)
The scope of work required on this contract includes meetings, design field walk, utility coordination, pavement
investigation, design PS&E preparation, and construction support services. Based on our review of the RFP and
the project site, we believe that the key elements for the design of this contract include:
Cost effective base mapping and field review to identify work needed
Detailed Pavement Evaluation to Determine Cost Effective Rehabilitation Scenario
Accelerated Design PS&E Finalization to Accommodate a Summer Construction Schedule
Understanding of Prior City Contracts on Brea Canyon Cut-Off Designs to Find Project Savings
In order for this contract to be successful, it will be critical that the selected design consultant design the
project with the City’s ultimate budget in mind while achieving the City’s goals.
TAIT has review the City’s RFP, has visited the project site, and has discussed the project with the City to better
understand the work at hand. In an effort to present our understanding of the scope of work and anticipated
design constraints, the following pages depict our site observations and a list of problems and solutions for key
design items that will need to be addressed during the design phase.
SITE OBSERVATIONS
PAVEMENT CONDITIONS & LIMITS
AREA 6 RESIDENTIAL: Within the project limits, Area 6
Residential contains approximately 12 centerline miles of
residential and collector streets. The graphic to the right
depicts the general pavement conditions which were observed
during the initial site visit conducted on 11/6/2017. It was
noted that the neighborhood to the west of Golden Springs
Drive has relatively fair to good pavement conditions which will
largely require slurry seal with limited patching in
aligatored/failed areas. The noted exception to this was within
cul-de-sacs, where more extensive cracking/failure was noted.
Should the City’s budget allow, it is recommended that cul-de-sac segments with excessive wear be designated
for an edge grind and overlay in order to extend the pavement life and avoid future pavement failure. In contrast,
the neighborhood to the east of Golden Springs Drive exhibited more consistent pavement wearing and cracking
and had a noticeably poorer ride quality. As a result, it is anticipated that chip seal or overlay segments will be
more prevalent within this neighborhood in order to increase the PCI to an acceptable level.
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UTILITIES
The impact to existing utilities will be negligible on this contract. All utility facilities within the paved roadways
will be identified on the plans for adjustment to grade or protection in place. Utility noticing and coordination will
be conducted per the project requirements in order to coordinate field activities and minor adjustments. Due to
the fact that this project requires surface level improvements only, substructure utilities will not be depicted on
the plans. Finally, areas of sunken water vales or manholes will also be noted for adjustment to grade on the plans
regardless of whether an overlay is conducted or not, per City preference in order to avoid bumps and drops in
the roadway.
PARKWAY IMPROVEMENTS
It is understood that parkway improvements (Sidewalk, Driveways, Ramps, Etc.) are not included as part of this
contract and that the City has a separate ADA improvement program that covers note noted items. However, the
scope of work will include the removal and replacement of uplifted and damaged curb and gutter or cross gutters
which may impact the roadway drainage and maintenance. Such items will be documented in the field and will
be presented to the City for proposed removal and replacement during the preliminary design phase.
PROBLEM & SOLUTION
We believe that every project has a unique set of problems and solutions that must be carefully considered in
order to ensure a successful completion to the project. In an effort to show our understanding and ability to
perform the required services, the following observed problems and potential solutions have been summarized
for the City’s review.
Problem: Accelerated Design Schedule
The City desires to construct in the Summer when school is out which requires accelerated design.
Solution:
The key to success with this project’s accelerated schedule will be planning and submitting early for
the permitting requirements while concurrently conducting field review and design engineering. With
TAIT’s full breadth of Engineering support staff, we have the resources to process the field work while
concurrent base mapping and design is conducted in the office. We also have the experience and prior
knowledge on this contract to allow us to hit the ground running.
Problem: Signing & Striping Maintenance projects, historically, are able to be designed without signing
or striping plans. However, maintenance on arterial streets can lead to lack of record/consistency on
the final pavement markings/striping.
Solution:
Though residential neighborhoods can be re-striped via field inventory for location of stop bar/signs
etc.), arterial roadway segments should be documented during the design so that a clear designation
for lane widths, configuration, and pavement legends be documented for current and future projects.
All residential and collector streets will be re-striped via pre-construction field inventory and adequate
tabbing of the lane lines so as to minimize the City’s design budget/commitments.
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Problem: Design Budget Vs. Construction Budget
The Cost of design and analysis (geotech/additional design services) must be weighed with the benefit
for Construction savings/costs. A balance must be struck to best benefit the City.
Solution:
Due to the fact that this project is a roadway maintenance project, it is not recommended that a
geotechnical report be conducted, and that, instead, all geotechnical testing be conducted during
construction to ensure adequacy of subgrade conditions.
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Work Plan/Scope of Work
TAIT takes no exceptions to the City’s proposed scope of work. Based on our review of the City’s RFP, project site
and existing records, the following is our proposed final scope of work for the City’s design contract:
A. Project Kick-Off Meeting
A design kick-off meeting with TAIT’s key team members, City staff, and other affected parties, will be held at the
start of the project to identify clear lines of communication and review the final scope, schedule, milestones and
other project details of concern. At this meeting the project’s schedule will be confirmed with the City. It is
anticipated that the City will provide all pertinent record information for the existing City streets and utilities
including as-built plans, record plans, CAD files and GIS files, for the project limits.
Based on our actual NTP date, TAIT will prepare and present an update of our project schedule to be reviewed
with the City Project Manager during our Kick-off Meeting. Any revisions or adjustments that need to be made to
the project schedule will be thoroughly discussed with the City Project Manager prior to finalization.
TAIT will prepare a meeting agenda for initial circulation. Upon completion of the meetings, TAIT will also prepare
meeting minutes for circulation, review and comments. All meeting agendas, minutes and exhibits will be filed in
our project folder for final submittal to the City at the completion of the project.
Deliverables:
Meeting Agenda & Minutes
B. Existing Records, Field Condition Inventory, and Preliminary Design
Research of record Information from City files will be conducted to acquire existing available design records and
utility information. It is anticipated that the information collected during the research phase will be used to assist
in the development of the project base maps. Obtained records will be reviewed and correlated with the City
provided GIS data in order to prepare the project Base map.
TAIT will also prepare a google earth/Bing maps aerial base map to be used for field data correlation during the
design field walk. Upon completion of the base map, TAIT will conduct a full field review of the proposed roadways
in order to verify the current field conditions, identify the locations of failed pavement, and t o document the
location and condition of existing utility and auxiliary improvement facilities. All information will be documented
in tabular and graphical format for easy representation during the preparation of the design PS&E.
Upon completion of the design field investigation, TAIT will prepare a summary report of the findings with an
updated preliminary engineer’s cost estimate for the items of work observed. TAIT will meet with City staff to
discuss the findings and determine the final proposed treatment methods for each roadway segment.
Deliverables:
Digital Copies of Obtained Records
Field Notes, Observations, & Photos
Report of Field Findings
C. Utility Research & Notification
As part of our base scope of work, TAIT will prepare and distribute two utility notices to affected utility agencies.
The first notice will be distributed at project inception and will notify the utilities of the project and will request
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records for only areas that the Utility foresees conflicts with. The second notice w ill be distributed to all present
utilities after the 80% design completion stage and will include a reduced size plan for the utility’s review and
comment. TAIT will review all obtained record data and will coordinate with utilities that may be affected in order
to obtain further design and construction requirements. All utility coordination, records and data will be compiled
at the end of the project and will be submitted to the City for future reference.
Deliverables:
Utility Notices (1st & 2nd)
D. Roadway Rehabilitation PS&E
Upon approval of the recommended pavement maintenance methodologies, TAIT will initiate the preparation of
the PS&E design package.
Based on our review of the RFP, the following are the anticipated plan sheets on this contract:
SHEET DESCRIPTION SCALE SHEETS
Title Sheet -- 1
Notes, Details, & Typical Sections -- 1
Roadway Rehabilitation Plans (Area 6) 1” = 60’ (TBD) 8
A description of each plan type is described below:
Title Sheet:
The title sheet will include all City of Diamond Bar standard notes, vicinity map, list of utility contacts and project
abbreviations and legends. The plan set will be prepared on the City of Diamond Bar standard title block on
24”x36” bond paper.
Notes, Details, & Typical Sections:
General project notes, a master list of construction notes, and typical roadway sections will be included on these
sheets that depict the nature of the roadway rehabilitation based on the proposed stationing and intersecting
streets.
Construction details will be prepared for all work items that cannot be built by standard plan, or do not have
adequate space on the plan and profile sheet for the necessary elevation callouts. Additional typical details will
be included for pavement transitions, slot paving, pavement reconstruction sections, and other miscellaneous
construction items that require further detailing.
Roadway Rehabilitation Plans:
The Roadway Rehabilitation Plans will be prepared at a large scale (1” = 50’ to 100’) based on the City’s initial
review and input. The plans will graphically represent the entire project limits based on the City’s provided GIS
data base map. The type and limits of each pavement rehabilitation methodology will be clearly delineated, and
the auxiliary work items (pavement patching, localized R&R) as well as utility adjustments will be individually called
out on the plans based on our findings during the field walk. Existing right of way, curb and gutter, and parcel
lines will be depicted for the entire project limits based on the City’s GIS base and the TAIT field observations.
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Project Specifications
TAIT will prepare draft technical specifications for the proposed project based on the City boilerplate
specifications. Each work item will have a clear measurement and payment clause in order to avoid costly change
orders during the construction phase. Specifications will also include clear delineation of the traffic control
requirements and parameters as well as coordination requirements with utilities. Finally, the project
specifications will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program.
The project specifications will also include an appendix for the design pavement rehabilitation table which will be
prepared in correlation with the design plans. The table will present, in tabular format, each roadway segme nt,
the segment length, typical width, pavement treatment methodology, associated quantities, and key notes/work
items within the given roadway segment. The table will be provided as a field guide as well as an aid for estimating
project quantities and costs. TAIT will work with City staff to format the table to the City’s preferred level of detail
and format to ensure that all necessary work items are reflected in the table as required.
Engineer’s Cost Estimate
TAIT will prepare an updated engineer’s cost estimate at the 80% PS&E submittal stage for City review and input.
Unit prices will be checked against recent City of Diamond Bar projects. Work items will be prepared to correlate
with the preliminary specifications, and will include all work items including mobilization, storm water compliance,
traffic control, and striping. The cost estimate will be reviewed by the QA/QC Manager prior to each submittal
per the quality assurance program.
80%, 100%, & Final Submittal QA/QC & Compilation
Prior to each submittal, TAIT will conduct a full QA/QC per our quality assurance program described at the end of
this section. Upon completion of the QA/QC review, TAIT staff will incorporate the noted comments and will begin
compiling the PS&E for submittal to City. The PS&E will be Additionally, TAIT will plot, compile and deliver the
noted number and format of PS&E to the City for each submittal per the RFP requirements.
Deliverables:
80%, 100%, & Final Roadway Rehabilitation PS&E
1 CD – Final Digital File Compilation
E. Bid & Construction Assistance
Upon approval of the PS&E and issuance of the Bid documents, TAIT will provide support to the City during the
entirety of the bidding and construction phase. TAIT will attend the pre-construction meeting and will provide
design input/responses at the meeting. TAIT will also actively respond to any received RFIs, and will provide
necessary support to City staff to provide any additional material that may be required. This task is assumed to
be on a time and material basis and preliminarily includes 16 hours of labor effort for the City’s use and
consideration.
Deliverables:
Response to RFIs, Field Meetings, etc.
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Quality Assurance/Quality Control Program
An important feature of our design process is our Quality Assurance/Quality Control (QA/QC) Program. Mr. Todd
Schmieder, P.E. will oversee TAIT’s QA/QC Program for this project.
TAIT’s QA/QC Program focuses on the following four primary objectives:
To ensure that a quality design has been provided by following our in-house design checklists
To verify that different disciplines and agencies have been coordinated
To verify that the proposed improvements are constructible, and
To verify that a cost effective analysis approach was followed to achieve the client’s specific project goals
and objectives.
TAIT utilizes a Total Quality Management approach.
TAIT’s philosophy is that quality control begins at day one and does not end until the project is constructed.
Quality Control is the responsibility of each and every team member.
It includes the selection of project team members who have demonstrated through experience the ability to
understand and apply the project objectives to achieve a specific goal. It requires open and continuous
communications between all team members and the client.
TAIT has developed internal design checklists.
Design checklists are used by our design team as a component of our firm’s QC process.
Timely Quality Control Reviews are provided.
Before plans are submitted to outside parties and the approving agency/agencies for review and approval, TAIT’s
QA/QC Manager or his designated QC team member conducts a thorough review to verify the quality,
constructability and completeness of the submittal. A typical TAIT QA/QC Program includes the following steps:
Project Manager (PM) Transmits Design Documents to the QA/QC Manager - The PM initiates the QC
process at agreed upon project milestones.
QA/QC Manager conducts initial review - The QA/QC Manager reviews the submittal with the PM to
obtain project specific information and conducts a limited review on the completeness of the submittal.
Review of the Submittal – The submittal is reviewed using TAIT’s internal checklists. Necessary corrections
are identified on the submittal which is returned to the PM.
PM to Addresses QC Comments - The QA/QC Manager and PM review the QC comments to set a course
of action. Any proposed Value Engineering (VE) measures are reviewed to determine the appropriate next
step (i.e.: implement the VE measure, review the VE measure with the City, or conduct additional analysis
to determine the feasibility and potential cost savings). The reviewed submitted is then returned to the
design team.
PM finalizes Design Documents for Submittal to the Agency - The PM meets with the design team to monitor
progress and verify incorporation of the QC comments into the design documents. Any deviation from the QC
comment or the agreed upon action is reviewed for acceptance prior to transmitting the final design documents
to the City and other reviewing parties for their review and approval.
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D. PROJECT SCHEDULING
Per the RFP, it is the City’s intention to construct this project during Summer Break in order to minimize impact to
the community and schools. In order to achieve this timeline, TAIT has reviewed the project scope and prepared
a detailed project schedule which has been presented on the following page. Highlights/notes for the project
schedule are as follows:
1) Notice to Proceed Date
Based on review of the project schedule, in order to accomplish a design completion date of March 2,
2018, it is recommended that the City provide a notice to proceed date at the beginning of December. As
the project will require considerable field review and initial recommendations, it is in the City’s best
interests that the Contract be initiated early in order to allow adequate review and coordination time.
2) Review & Approval of Initial Recommendations
In order to ensure the design is streamlined, it is recommended that the overall pavement rehabilitation
scenario re reviewed and approved prior to generating and preparing the design plans and exhibits. By
verifying the limits and anticipated construction budget for pavement treatment as well as
patching/auxiliary improvements, the City will enable the design consultant to streamline the office design
hours to accelerate design completion.
3) 80% Plans & Estimates
TAIT proposes to submit plans and estimates only at the 80% design stage in order to accelerate the design
phase. By deferring the specification package work until after the initial plans and estimate have been
reviewed and approved by the City, it will enable the design team to focus on the initial design tasks while
noting the key components that will need to be addressed in the project specifications. Specifications will
be submitted to the City at the 100% design review stage in order to correlate with the Final design
package and bid schedules.
4) Accelerated Scheduling
Finally, in order to ensure the City achieves the desired completion deadline, TAIT has included adequate
slack in the design schedule to ensure the project is planned for and designed within the desired
timeframes. TAIT will maintain consistent communication with the City throughout the life of the project
so that the City’s needs and deadlines are understood, updated, and met along the way.
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E. RESOURCE REQUIREMENTS
Per the RFP requirements, the following table has been prepared to present the resource requirements that have been anticipated for this project.
WORK TASK PM QA/QC Project Designer Admin TOTAL
TASK # Manager Engineer I HOURS
1) DESIGN SERVICES
Project Kick Off Meeting A 4 4 2 10
Existing Records, Field Condition Inventory, & Preliminary
Design B 8 0 52 68 4 132
Records Research & Compilation B.1 8 8
Aerial & GIS Project Base map B.2 4 16 20
Design Field Observation B.3 4 40 20 64
Pavement Rehabilitation Recommendations & Prelim.
Estimate B.4 4 8 24 4 40
Utility Research and Notification C 2 4 16 22
Roadway Rehabilitatoin PS&E D 16 4 64 100 4 188
Rehabilitation Plans - Area 6 Residential D.1 10 2 44 84 140
Project Specifications D.4 4 1 16 4 25
Engineer's Estimate D.5 2 1 4 16 23
Bid & Construction Assistance E 8 8 4 20
SUBTOTAL 38 4 132 184 14 372
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TAIT & ASSOCIATES PROPOSAL FOR
AREA 6 RESIDENTIAL/COLLECTOR DESIGN Total Estimated Fee:50,000$
PROJECT FINANCIAL SUMMARY
BILLING RATES 195 195 150 105 85
WORK TASK PM QA/QC Project Designer Admin Consultant/
TASK #Manager Engineer I Expense HOURS BILLABLE
1) DESIGN SERVICES
Project Kick Off Meeting A 4 4 2 -$ 10 1,550$
Existing Records, Field Condition Inventory, & Preliminary Design B 8 0 52 68 4 -$ 132 16,840$
Records Research & Compilation B.1 8 -$ 8 840$
Aerial & GIS Project Base map B.2 4 16 -$ 20 2,280$
Design Field Observation B.3 4 40 20 -$ 64 8,880$
Pavement Rehabilitation Recommendations & Prelim. Estimate B.4 4 8 24 4 -$ 40 4,840$
Utility Research and Notification C 2 4 16 -$ 22 2,670$
Roadway Rehabilitatoin PS&E D 16 4 64 100 4 -$ 188 24,340$
Rehabilitation Plans - Area 6 Residential D.1 10 2 44 84 -$ 140 17,760$
Rehabilitation Plans - Grand Avenue D.2 -$ 0 -$
Signing & Striping Plans - Grand Avenue D.3 -$ 0 -$
Project Specifications D.4 4 1 16 4 -$ 25 3,715$
Engineer's Estimate D.5 2 1 4 16 -$ 23 2,865$
Bid & Construction Assistance E 8 8 4 -$ 20 3,100$
SUBTOTAL 38 4 132 184 14 -$ 372 48,500$
REIMBURSABLES (Reprographics , Design Mileage, etc.):1,500$
TOTAL NOT TO EXCEED BASE FEE:50,000$
CLIENT: CITY OF DIAMOND BAR
PROJECT: AREA 6 RESIDENTIAL & COLLECTOR STREET REHABILITATION DESIGN
PREPARED BY:DS 2017.11.29 - R2 (Area 6 Only)
TOTAL PROJET COSTS
ITEM TOTALS
Page 1
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Area 6
Area 6
EXHIBIT "B"
AREA 6 RESIDENTIAL AND COLLECTOR
STREET REHIBILITATION LIMITS
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Agenda #: 6.9
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: GENERAL PLAN STATUS REPORT FOR 2017.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Receive and file.
BACKGROUND:
State Law requires each city to prepare and adopt a comprehensive, long-term General
Plan to guide its physical development. The General Plan is a policy document
comprised of goals, objectives, and strategies for implementation. The City of Diamond
Bar has periodically amended the General Plan as needed, since its adoption on July
25, 1995.
In accordance with California Government Code Section 65400(b), the City is required
to submit an annual General Plan status report to the local legislative body (City
Council), the State Governor’s Office of Planning and Research (OPR), and State
Department of Housing and Community Development (HCD) on the status of the
General Plan, its implementation progress, and how the City is meeting the regional
housing needs for the community. The attached report lists the City’s progress toward
the implementation of the General Plan for the period of January 1, 2016 to December
31, 2016, by meeting the City’s share of regional housing needs pursuant to
Government Code Section 65584 and by the City’s effort to remove governmental
constraints, which may influence the maintenance, improvement, and development of
housing pursuant to State Law.
The attached document reports on the status of the current General Plan only. The
Comprehensive General Plan Update currently underway is unrelated to this item. See
discussion of the General Plan Update in the closing sections of the report.
On January 23, 2018, the Planning Commission reviewed the report and directed staff
to forward it to the City Council with a recommendation to receive and file.
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PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.9.a GP Status Report 02-06-2018
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O: Staff Reports-CC/GP Status Report 2017
CITY OF DIAMOND BAR
General Plan Status Report 2017
Period beginning January 1, 2017, and ending December 31, 2017
OVERVIEW
On July 25, 1995, the City Council adopted the City of Diamond Bar’s General Plan, which
is a State mandated document that the City uses to plan the framework for its future
physical, social and economic development. The General Plan is considered a long-term
document that projects development within a community for approximately 15 to 20 years.
By projecting conditions and needs into the future, the General Plan establishes a basis
for evaluating current policy and providing insight on future policy.
The City of Diamond Bar General Plan consists of the following six elements:
1) Land Use 4) Public Health and Safety
2) Housing 5) Circulation
3) Resource Management 6) Public Service and Facilities
The following information summarizes the status of the objectives that the City has
implemented for each element of the General Plan in 2016.
LAND USE ELEMENT
Diamond Bar is for the most part a residential community. Detached single-family
dwellings represent the majority of the City’s housing stock; however, multi-family housing
exists along Diamond Bar Boulevard, south of Grand Avenue and along Golden Springs
Drive, west of Diamond Bar Boulevard. Since the adoption of the Land Use Element,
development in Diamond Bar has occurred pursuant to the goals, objectives, and policies
of the General Plan.
Objective 1.2 – Preserve and maintain the quality of existing residential neighborhoods
while offering a variety of housing opportunities, including mixed land uses.
The City issued construction permits for five new custom homes, totaling 30,267
square feet, and 33 construction permits for additional livable square-footage to
residential dwellings.
This level of construction activity is an indicator of the continued desirability of
Diamond Bar as a place to live, and its residents’ desire to remain in their homes,
neighborhoods and schools by adapting their homes to meet the needs of their
families. Moreover, as individual properties are improved and upgraded, the overall
quality of the neighborhoods in which they are located also improves.
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Residential development activity also included the issuance of building permits for the
construction of two (2) Accessory Dwelling Units (ADUs).
Lennar Homes has obtained 71 permits for the construction of homes for the South
Pointe project, a development of 99 for-sale detached homes on approximately 35
acres. This added 239,502 square feet of livable space to the City. The project is
located south of Larkstone Drive, east of Morning Sun Avenue, west of Brea Canyon
Road, and northwest of Peaceful Hills Rd.
The City continues to contract with Graffiti Control Systems to effectively implement
the City’s anti-graffiti ordinance by providing graffiti removal services two days per
week.
The City’s Neighborhood Improvement Division works both proactively and in
response to resident complaints to enforce the City’s Municipal Code to ensure
property maintenance standards remain high. In situations where code compliance is
not achieved, the City has resorted to nuisance abatement proceedings,
receiverships, and criminal prosecution.
Objective 1.3 – Designate adequate land for retail and service commercial, professional
services, and other revenue generating uses in sufficient quantity to meet the City’s
needs.
The City issued permits to modernize the former Walnut pools building exterior,
reconfigure the parking lot and add landscaping to the property located at
21450 Golden Springs Drive. The project was finalized in September 2017.
The City issued permits to renovate the façade of the McDonald/Chevron building
located at 21095 Golden Springs Drive. The project is near completion.
The comprehensive redevelopment of the former Kmart property (renamed “Diamond
Bar Ranch”), approved in October 2016, continued to progress. The project has
attracted several national and regional retail credit tenants to serve Diamond Bar
residents, as well as reduce sales tax leakage to other communities. During 2017,
the following milestones were reached:
o Construction commenced to remodel the 84,000 square -foot Kmart building shell
into three, roughly equal-sized lease spaces.
Sprouts Farmers Market, occupying 29,000 square feet, was the first tenant to
open for business in October.
Tenant improvements for a 27,000 Ross Dress For Less began in June and
are nearing completion.
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o Construction of a 9,600 square-foot addition to the north end of the former Kmart
building was completed, which will provide lease space for up to three retail
tenants.
o Construction of a 4,200, two-tenant outparcel building commenced in June.
Tenant improvements for Chipotle Mexican Grill and Coffee Bean and Tea Leaf
drive-thru commenced after the interior shell spaces were completed.
o In August, the Planning Commission approved plans for a 2,800 square-foot
outparcel building for a Habit Burger Grill drive-thru. The construction documents
are currently in plan check.
The City approved the replacement of the existing McDonald’s restaurant located at
205 S. Diamond Bar Blvd. with a new 3,746 square-foot state-of-the-art drive-thru
building and new signage. The building permit was issued in December 2017, and
construction is currently underway.
The property owner of the Brea Canyon Road Boat and RV Storage lot submitted an
application to redevelop the site with a 109-room, four-story hotel, a three-story
professional and medical office building totaling 48,000 square feet, and a 9,500
square-foot retail building with drive-thru restaurant on approximately 5.7 acres of
land. The City entered into a consulting services agreement to begin the
environmental review process in October 2017.
The City is continuing to work with the property owner of the former Honda site to
attract a hotel anchored development project.
Objective 1.4 – Designate adequate land for educational, cultural, recreational, and
public service activities to meet the needs of Diamond Bar residents.
The Longview Park South Improvement Project was completed in November 2017.
Park Improvements included new play equipment, drinking fountain, as well as
improved access and landscaping.
Lennar Homes continues the construction of Larkstone Park—a 6.8 gross acre
neighborhood public park, adjacent to South Pointe residential development —
expected to be opened to the public in Spring 2018.
The City continues to have a joint use agreement with Pomona Unified School District
to use Lorbeer Middle School for their football/soccer and track fields.
Objective 2.1 – Promote land use patterns and intensities which are consistent with the
Resource Management Element and Circulation Element.
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Strategy 2.1.2 – Ensure that new development utilizes feasible contemporary
technologies to reduce energy and water consumption, generation of solid and hazardous
wastes, and air and water pollutant emissions.
In accordance with the South Pointe West Specific Plan, Lennar’s South Pointe
residential development incorporates green building strategies and facilitates energy
and water conservation.
Objective 3.1 – Create visual points of interest as a means of highlighting community
identity.
Design of new entry monument signs similar to the one constructed at the easterly
city limit along Grand Avenue at Longview Drive is underway for the entry points
located at the western City limit along Golden Springs Drive near Calbourne and the
northerly City limit along Diamond Bar Boulevard at Temple Avenue. Construction of
these monument signs are targeted to begin by the end of the fiscal year.
Design of the Diamond Bar Blvd. Corridor Enhancement Project (between SR60 and
Golden Springs Drive) is being designed. This project will implement the streetscape
elements highlighting the community identity that have already been constructed
along Grand Avenue at Diamond Bar Boulevard and Longview Drive intersections and
the Diamond Bar Boulevard/Brea Canyon Road intersection.
HOUSING ELEMENT
The Housing Element identifies and makes provisions for existing and future housing
needs. Several programs continue to be implemented based on the strategies within the
Housing Element as follows:
The City continues to assist in the rehabilitation of existing housing stock through
CDBG Home Improvement Program funds for home rehabilitation.
As part of the Los Angeles County Community Development Block Grant (CDBG)
Program, Diamond Bar residents continue to be eligible to participate in the LA
County’s Home Ownership Program (HOP) for first-time homebuyer assistance
available through Los Angeles County.
RESOURCE MANAGEMENT ELEMENT
Issues related to open space and conservation overlap in Diamond Bar. As a result, the
City combined its Open Space Element and Conservation Element into one Resource
Management Element. The Resource Management Element addresses open space,
visual resources, biological resources, and parks and recreation. In addition, this element
establishes strategies for effectively managing local and natural resources in order to
prevent waste, destruction, or neglect. Progress toward implementing strategies within
the Resource Management Element has been made in the following areas:
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Objective 1.3 – Maintain a system of recreation facilities and open space preservation
which meet the active and passive recreational needs of Diamond Bar residents of all
ages.
The Larkstone Park and Longview Park South projects described under Land Use
Element, Objective 1.4 are all examples of the City seeking opportunities through
development agreements and grant applications to preserve, enhance, and expand
our inventory of passive and active recreational open space.
Lennar Homes continues the construction of Larkstone Park —a 6.8 gross acre
neighborhood public park, adjacent to South Pointe residential development —
expected to be opened to the public in Spring 2018.
Objective 2.1 – Minimize the consumption of water through combination of water
conservation and use of reclaimed water.
The South Pointe residential development referenced above incorporates water
conservation landscaping, water saving features within the units, and will use
reclaimed water in public landscaped areas when it becomes available.
The City continues the comprehensive water reduction program that resulted in at
least 25% water reduction across parks and medians that comply with the State
mandated water cutback regulations.
Irrigation for Larkstone Park is planned to utilize reclaimed water.
Objective 2.5 – Minimize the environmental impacts of landfill disposal of solid wastes
through an aggressive public education and information campaign designed to promote
a comprehensive program of source reduction, recycling, composting, and household
hazardous waste reduction activities.
The City revised the Construction and Demolition permit process to better reach the
75% solid waste diversion goal mandated under the adoption of the 2011 Solid Waste
Ordinance. The diversion goal applies to all construction and demolition projects over
1,000 square feet, including both residential and commercial sectors. The revisions
created an incentive for contractors to divert material from the landfill, and submit
weight tickets in a timely manner. The deposit limits were lowered to create an
incentive and deter illegal dumping in the City. Diversion is tracked on a monthly basis
for both residential and commercial haulers.
The City is compliant with Assembly Bill 1594, which regulates diversion credits
associated with the use of Green Waste as Alternative Daily Cover beginning
January 1, 2020. Alternative Daily Cover (ADC) means cover material other than
earthen material placed on the surface of the active face of a municipal solid waste
landfill at the end of each operating day to control vectors, fires, odors, blowing litter,
and scavenging. The City’s residential and commercial waste haulers had zero green
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waste reported as ADC. The Green Waste collected from residents and businesses is
processed for composting materials and diverted from the landfills.
The City continues to offer various economic incentives that encourage source
reduction and recycling. Residential refuse rates are based on a pay-as-you-throw
system. There are three refuse cart sizes available and cost decre ases with small
cart options. Residents may earn a 12% discount off the standard rate if they
implement backyard composting. Residents may receive one additional cart of
recycling or green waste at no additional cost.
The City’s contracted residential and commercial waste haulers continue to offer
comprehensive waste collection and curbside recycling services citywide. Curbside
recycling services include collection of green waste, bulky items, and Household
Hazardous waste including: electronic waste, used oil, paint products, batteries,
garden chemicals, household chemicals and hypodermic needles.
The City, in conjunction with Los Angeles County Public Works, provides a Household
Hazardous Waste (HHW) event in the City once a year in February. The HHW event
takes most forms of electronic and hazardous waste including paint, batteries, and
other toxic materials that are recycled and do not enter the waste stream. The City
promotes the Los Angeles County Public Works HHW events throughout the year in
addition to promoting the County’s hotline 1-888-CLEAN LA and their dedicated
website.
The City conducts an annual birthday party celebration that includes a Going Green
section where information on recycling is provided to residents. Representatives from
the City’s franchise waste haulers are present to provide information on recycling
programs and services. The City invites additional partners to participate including:
Southern California Edison, Southern California Gas, Walnut Valley Water District to
provide information on utility efficiency and conservation efforts.
The City conducts two annual environmentally based events per year, the America
Recycles Day event is held in November and the Earth Day event is held in April. Both
events include e-waste collection for household electronic waste such as televisions
and computer equipment, free mulch giveaway, textile recycling, paper shredding, and
informational booths which provide the public with information about various
environmental programs and services.
The City website and public information outlets are routinely used to promote recycling
and information on new laws, programs, and services. The City complements the
website with the monthly EnviroLink electronic newsletter, which is sent to subscribers
and covers a variety of current environmental topics.
The City partners with franchise haulers to include informational inserts in quarterly
and/or monthly billing statements. The inserts highlight recycling programs and
services and include information regarding upcoming events.
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The City partners with Ken’s Ace Hardware for the collection and recycling of batteries,
fluorescent tubes and light bulbs generated from residential households. This location
continues to serve as a successful and convenient drop-off location for Diamond Bar
residents.
As part of a partnership with the Los Angeles County Department of Public Health, the
Diamond Bar/Walnut Sheriff’s station doubles as a “Safe Drug Drop -Off” site that
makes it convenient to safely dispose of filled sharp containers, and unused or expired
prescription medications.
The City implemented a new recycle bin program for schools and home -based
businesses. Eligible organizations receive up to 10 bins to source separate recyclable
beverage containers. The program is funded through the CalRecycle Beverage
Container Recycling Grant Program.
The City entered into a partnership with Discovery Cube Orange County (DCOC) to
continue offering the school outreach program that promote sustain able practices in
the Diamond Bar community. DCOC is a 501(c) non-profit organization dedicated to
increasing public understanding of science, math and technology through interactive
exhibits. Through a partnership with the City, Diamond Bar schools were eligible to
visit DCOC’s three environmentally themed exhibits aimed at educating public school
students about sustainable living practices including source reduction, proper disposal
of hazardous materials and recycling. The three exhibits include: Rac e to Recycle,
Eco Garage and the Super Eco Shopping, collectively known as the Eco Challenge.
The Eco Challenge interactive displays are paired with in-class presentations aligned
with 5th and 6th grade-specific stated education standards. The Eco Challenge
represents a valuable three-part program as follows: In-class 50 minute addressing
the 3Rs “Reduce, Reuse, Recycle”, with an interactive key pad assessments, that
engage students and provided pre- and post-program assessment, take home
activities to bring the lessons home and a field trip to visit the interactive exhibits at
the Discover Cube museum in Santa Ana. More than 900 students participated in the
program during 2017.
The City continues the popular summer series of summer Smart Gardening
workshops aimed at promoting sustainable gardening practices including organic
composting, to divert organics from the landfill and drought tolerant plant selection to
aid in water conservation efforts. Outreach regarding City recycling programs and
services are provided at each seminar.
PUBLIC HEALTH AND SAFETY ELEMENT
The Public Health and Safety Element contains provisions that relate to the protection of
life, health, and property from natural hazards and man-made hazards. It identifies areas
where public and private decisions on land use need to be sensitive to hazardous
conditions caused by slope instability, seismic activity, flood, fire, and wind.
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Objectives 1.1 and 1.2 – Minimize the potential for loss of life, physical injury, property
damage from seismic ground shaking and other geologic hazards, and the public health
hazards and nuisances from the effects of a 100-year storm and associated flooding.
The City continues to require site-specific geotechnical investigations and drainage
studies which must be approved by the Director of Public Works/City Engineer prior
to issuance of any grading permits in conjunction with the California Building Code
and as part of the standard conditions of approval that are applied to all new
developments and redevelopment projects.
The City continues to expand upon its emergency preparedness and response
capabilities with frequent exercises conducted in the City’s dedicated Emergency
Operations Center (EOC) in City Hall. In combination with frequent resting and
exercising, the dedicated EOC provides the City with added flexibility to coordinate
and respond to emergencies, provide redundant communications to public safety
agencies, and enable added communications to residents. City Hall also has a
backup power generator to ensure critical systems are operational in the event of a
prolonged emergency.
The City’s public safety agencies continue efforts to outreach to residents on safety,
including earthquake, fire, and emergency preparedness topics. The City’s public
safety agencies work in coordination with the City’s Public Information Division to
communicate time sensitive information to residents through the City website, as well
as the Neighborhood Watch Program. The City has also continued the monthly
Emergency Preparedness and Neighborhood Watch newsletters that focus on public
safety and emergency preparedness related topics.
The City continues to provide specific public education and outreach efforts to educate
residents through a variety of platforms such as City’s website, monthly DBConnection
newsletter, monthly Emergency Preparedness electronic newsletter, public
presentations, and informational videos. The information, in collaboration with City
and public safety preparedness efforts, are designed to increase resident awareness
of the emergency events, as well as weather related impacts.
The City continues to offer its popular “Let’s Talk Public Safety” neighborhood
meetings geared to educating and informing residents about emergency
preparedness, fire safety, and crime prevention. The meetings are a collaboration
between the City, Los Angeles County Sheriff’s Department, Los Angeles County Fire
Department, and facilitated by the City’s Public Information Division. The City
completed four meetings in calendar year 2017, with a total of six meetings over two
years since the inception of the program in Fall 2016.
Objective 1.3 – Require that properties in and adjacent to wildland areas are reasonably
protected from wildland fire hazards without degrading the viability of natural ecosystems,
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providing a balance between removal of flammable vegetation, introduction of fire
resistant vegetation, and preservation of natural vegetation.
Each May, the Los Angeles County Fire Department canvasses neighborhoods near
the Urban-Wildland Interface advising them of creating defensible space within 100
feet of their home by clearing fire hazards and dead vegetation. The City’s Public
Information Division implements a comprehensive public education and outreach
campaign to inform residents how to best protect their homes, along with native wildlife
and vegetation.
The Los Angeles County Fire Department maintains a helicopter landing site (helipad)
located adjacent to the Eastgate Drive Reservoir on a hilltop in the vicinity of Pantera
Park. This helipad consists of two square concrete helicopter landing pads. It was
first built in 2006 and upgraded in 2013, and has since been maintained on an annual
basis. The helipad plays an important role in local and regional wild land fire detection
and suppression operations by providing a safe landing site for aircraft to refuel and
have their water tanks refilled.
CIRCULATION ELEMENT
The Circulation Element defines the transportation needs of the City and presents a
comprehensive transportation plan to accommodate those needs. The focus of this
element is the identification and evaluation of local circulation needs, balancing those
needs with regional demands and mandates.
Objective 1.1 – Participate in local and regional transportation related planning and
decision-making.
The City continues its collaboration with the City of Industry in the implementation of
the 57/60 Confluence Project. This is a $256 million multi-phase improvement project
to the existing 57/60 interchange.
o Phase One of the project is the construction of a $12 million westbound on -ramp
from Grand Avenue. This project is currently under construction with completion
targeted by December 2018.
o Phase Two is the construction of a $20 million westbound SR-60 off-ramp and an
auxiliary lane to Grand Avenue. The project has been awarded a $10 million
TIGER grant (In September 2014) and a $9.4 million MTA grant with local match
funding. Construction for this phase began in December 2016 and is expected to
be completed by Summer 2018.
o Phase Three is the construction of $14 million street widening improvements in
the vicinity of Grand Ave./Golden Springs Dr. intersection. It is fully funded as well,
with a $6.8 million grant from MTA and local match funding. The design for this
project is underway with an expected completion date by Spring 2018 with
construction to follow shortly thereafter.
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o Phase Four is the freeway mainline improvements and by-pass connectors and is
estimated at $210 million. Working with Caltrans HQ, the SR 57/60 Confluence
Project was included in the Projects of National and Regional Significance (PNRS)
Program as required by MAP-21. In July 2014, the Federal Highway
Administration confirmed that this project is in the PNRS. Furthermore, staff has
secured recognition of sections of the SR-57 and SR-60 and the 57/60 Confluence
Area as a component of the state and national freight networks in an effort to
secure $210 million in future funding for Phase Four of this project. With the
passage of Measure M, we are closing the funding gap for this phase. Under
Measure M, $205 million is programmed for Phase Four of the Confluence Project.
We will work with Metro to accelerate the delivery date and to restart the design
engineering work in order to start construction by late 2020.
The City continues to annually implement the guidelines of the Los Angeles County
Congestion Management Program, which is required to maintain eligibility for regional
transportation funding opportunities.
The City has been active in monitoring the Multi-County Goods Movement Action Plan
to ensure the City is not negatively impacted by the strategy and implementation plan
for the Southern California goods movement transportation system. The City has
been very proactive in addressing the Southern California Association of
Governments (SCAG) efforts to incorporate an East/West Truck Corridor between
Interstate 710 and Interstate 15 into the Goods Movement Element of the 2012
Regional Transportation Plan (RTP). The City has collaborated with affected
stakeholder agencies to voice concerns regarding the premature nature of declaring
the San Jose Creek Flood Control Channel as the preferred solution for goods
movement. The current San Jose Creek Flood Control Channel proposal has not
been sufficiently studied and lacks critical analysis to ensure adjacent communities
will not be negatively impacted. The 2012 RTP was adopted in April 2012, but the
City went on record regarding the need to expand the study scope to include other
east-west corridors along the 10, 210, and 91 freeways. The City is advocating for
transportation solutions that are equitable in their distribution of goods movement
related traffic.
The Lemon Avenue interchange project will result in the closure of the SR-60 Brea
Canyon Road eastbound access ramps and create on -ramp and off-ramps at Lemon
Avenue. The benefit of the Lemon Avenue project will effectively reduce truck traffic
on Golden Springs Drive because access to the City of Industry can be provided
without traversing arterial roadways in Diamond Bar. The final design was completed
in early Spring 2016. The Alameda Corridor East Construction Authority (ACE)
entered into a betterment agreement with the cities of Diamond Bar and Industry to
construct this freeway project as a change order to their existing contract for the
Fairway Grade Separation Project. Accordingly, the project was defederalized and
the monies for the project have been repurposed and exchanged with non-federal
monies. The necessary acquisitions included in the right -of-way phase was
completed in Spring 2016 and only the utility relocations are still underway.
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Construction of the interchange began in September 2016 with completion targeted
for Summer 2018.
Objective 1.2 – Balance the need for optimum traffic flow on City Arterials within
economic realities, environmental, and aesthetic considerations.
Closed Circuit Television (CCTV) cameras have been installed at key arterial
intersections (16 locations) to provide real time feedback for use in managing the
signal system. Currently, the City has a total of 53 arterial intersections equipped with
battery back-up systems to ensure temporary signal operations continue du ring power
outages.
As part of the 2013 Call for Projects, a Metro’s competitive grant program, the City
submitted an application and was awarded $1.4 million for the development and
implementation of an adaptive traffic control system. The project began in FY2016-
2017 with the selection of a consultant to evaluate the City’s needs and develop a
request for proposals (RFP) from qualified vendors to provide and implement the
system. The RFP is expected to be released in January 2018 with full system
implementation anticipated for Summer 2018.
As part of the City’s Traffic Signal Maintenance and Operations Master Plan, a three-
phase plan was developed to upgrade the entire traffic signal infrastructure system to
current standards. The first phase was completed in December 2016 and the second
phase was completed in October 2017. The third phase of construction will begin
June 2018.
Objective 1.3 – Maintain the integrity of residential neighborhoods. Discourage through
traffic.
In residential neighborhoods, the Neighborhood Traffic Management Program
NTMP) continues to be an effective tool in providing a procedure to implement traffic
calming devices in neighborhoods that experience speeding and cut -through traffic.
Staff continues to work closely with a neighborhood along Armitos Place and Crooked
Creek (between Diamond Bar Boulevard and Cold Spring Lane) to implement traffic
calming measures along the residential roadways. Neighborhoods have also
benefited from a residential parking district that preserves residential street parking
through a permit system in the areas around Diamond Bar High School.
Objective 2.1 – Maximize the use of alternative transportation modes within and through
the City to decrease reliance on single-passenger automobiles.
The City continues to sell monthly Metro bus and rail passes in addition to Foothill
Transit Zone passes. These programs are subsidized by Proposition “A” funds and
provide a benefit to Diamond Bar residents because of the subsidized rates.
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The City’s Dial-A-Ride program provides discounted supplemental transportation
services to residents over 60 years of age and disabled adults 18 years and older.
The program is subsidized through the City’s allocation of Proposition C funds and
provides supplemental transportation options to residents for medical and other
related service needs.
The City website continues to provide alternative transportation information to
residents, including website links to Metro, Foothill Transit, Metrolink and Amtrak rail,
and Ridematching information.
The City will be drafting a complete streets policy to be in compliance with California
Assembly Bill 1358: Complete Streets Act of 2008 and Metro’s Complete Streets
Policy in order to be eligible for future Metro capital grant funding programs. Complete
Streets describes a comprehensive, integrated transportation network with
infrastructure and design that allows safe and convenient travel along and across
streets for all users, including pedestrians, users and operators of public transit,
bicyclists, persons with disabilities, seniors, children, motorists, users of green modes,
and movers of commercial goods.
Objective 3.1 – Improve the safety and efficiency of existing transportation facilities.
The Capital Improvement Program for 2017-2018 lists specific projects that were
approved, and the General Plan Conformity Report annually identifies projects completed
in conformance with the General Plan. The following capital improvement projects
including traffic signal modifications and street improvements have been completed to
date:
The City completed Residential Area 5 Road Maintenance Project.
The Traffic Signal Infrastructure Upgrades Phase II Project.
The Brea Canyon Cut-off Roadway and Drainage Improvement Project.
The Morning Canyon Parkway Improvement Project.
PUBLIC SERVICE AND FACILITIES ELEMENT
The Public Service and Facilities Element deals with the long-term provision of municipal
services and facilities, and what types of facilities are needed to support those services.
This element focuses on identifying City facilities and services needed to sustain the
community’s quality of life; long-range planning to fund City services and buildings; and
coordinating and cooperating with various local agencies to provide those services not
provided by the City.
Objective 1.1: Maintain adequate infrastructure facilities and public services to support
development and planned growth.
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The City continues to require new development to pay development fees for
infrastructure facilities and/or provide the necessary infrastructure to support the new
development. In addition, all new subdivisions are required to connect to the public
sewage system.
The South Pointe residential development project referenced above will be requir ed
to pay appropriate fair-share contributions toward the improvement of area wide street
improvements.
COMPREHENSIVE GENERAL PLAN UPDATE
In the two decades following its initial adoption of the City’s General Plan, nearly all of the
General Plan’s goals and objectives have been implemented. In the fall of 2016, the City
embarked on the multi-year process of updating the General Plan that will create
community visions and blueprint for growth and development in the City through 2040.
The General Plan is a policy document that implements the vision of the community.
Therefore, public participation is an important part of the process of shapin g the Plan.
Opportunities for public input have been designed to allow the City to learn directly from
residents, business and property owners, and other community members about their
needs and values, as well as to allow the public to provide feedback throughout the
phases of the planning process.
The Existing Conditions, Opportunities, and Challenges Report providing a baseline
assessment of the City’s land use inventory; infrastructure; economic makeup; circulation;
environmental constraints and opportunities; and public facilities, services and utilities
was prepared. Thereafter, the City commenced Phase II: Options and Strategies and
formulated town center-anchored land use alternatives, assessing impacts on land use,
population and employment; economic and fiscal implications; transportation; and
infrastructure.
The community was engaged through the following means:
Three General Plan Advisory Committee (GPAC) Meetings.
Joint Meeting with City Council and Planning Commission #2.
Community Workshop #2.
Sixteen Pop-up Events/Booths at various locations and events.
Interactive survey distributed online as well as at various community events.
Key stakeholders were invited to participate in an extended outreach effort and
provided with a social media tool kit, a copy-ready text for incorporation into their
social media platforms.
Newspaper ads, banners at City facilities, project postcards, project business
cards, social media, direct mailings, DBConnection, and news releases.
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The City will be revisiting the guiding vision and policies expressed in Diamond Bar’s
General Plan. This program would enable the City to proactively and opportunistically
guide the City through another 20-year cycle of growth and change. This project will take
24-36 months to complete.
CONCLUSION
The City continues to pursue economic development to increase City revenue, address
traffic related issues, and preserve open space and continues to create a community
environment that nurtures social, cultural, religious, educational and recreational
opportunities for its citizens.
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Agenda #: 6.10
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ADDITIONAL APPROPRIATION FOR SPECIAL LEGAL SERVICES.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and appropriate $250,000 in additional General Fund Reserves to continue
special legal services provided by Sheppard, Mullin, Richter & Hampton LLP.
FINANCIAL IMPACT:
A total of $250,000 would be appropriated from General Fund Reserves. This would
bring the total City Council authorization for FY 2017/2018 to $500,000.
BACKGROUND/DISCUSSION:
In addition to the City’s primary legal representatives Woodruff, Spradlin & Smart, the
City often enlists the services of additional legal experts to assist in a number of matters
important to the community. The City has secured the services of Jack Rubens of
Sheppard, Mullin, Richter & Hampton LLP for such special legal counsel. At the
September 19, 2017 meeting, the City Council authorized the City Manager to execute
the Letter of Engagement with Sheppard, Mullin, Richter & Hampton LLP, and
appropriated $250,000 in General Fund Reserves for special legal services. It was
anticipated at that time that additional appropriations would be required.
In 2017, two lawsuits were filed by the City related to the Tres Hermanos Ranch
property. The first lawsuit was filed on October 20, 2017 in Sacramento County Superior
Court alleging the City of Industry’s attempt to purchase the 2,445-acre Tres Hermanos
Ranch property with the intent to develop a massive solar facility violated the
Redevelopment Agency Dissolution Act. The second lawsuit was filed on November 2,
2017 in Los Angeles Superior Court and alleges several violations of the California
Environmental Quality Act relating to Industry’s attempt to purchase the property and
develop the solar facility, and violations of State planning and open meeting laws.
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An appropriation of an additional $250,000 in General Fund Reserves is necessary to
maintain and continue these legal services.
LEGAL REVIEW:
The City Attorney previously approved the Letter of Engagement.
PREPARED BY:
REVIEWED BY:
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Agenda #: 8.1
Meeting Date: February 6, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROPOSED
RULE 1410 ANALYSIS.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Provide direction whether or not to take a position on SCAQMD Proposed Rule 1410.
FINANCIAL IMPACT:
None.
BACKGROUND:
The South Coast Air Quality Management District (SCAQMD) is a special district that
was created by the state legislature to comply with the federal Clean Air Act. Under
existing authority, the SCAQMD develops regulations and rules to reduce emissions
that impact public health.
DISCUSSION:
The SCAQMD is currently reviewing Proposed Rule 1410 (PR 1410), which evaluates
the impact of Hydrofluoric Acid (HF) Alkylation processes used in the petroleum
manufacturing process and alternative technologies to reduce the impact of the
petroleum manufacturing process on public health. The analysis is highly complex, but
can be summarized as the cost benefit analysis of current HF technology relative to new
technology, when evaluated using the metrics of public health and the economic
impacts for consumers and the business community.
The HF process has been used in manufacturing for decades, having been used in
California refineries since 1966. Supporters of PR 1410 have argued that HF causes
negative health impacts and should be replaced with newer technologies. Supporters of
the current HF Alkylation process argue that changes would drive up manufacturing
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costs, leading to thousands of lost jobs and gasoline increases of up to $.25 per gallon
for all residents and businesses.
As part of the review process by SCAQMD, interested parties may submit a letter
indicating their support or concerns regarding the proposed rule. The Regional
Chamber of Commerce and San Gabriel Valley Economic Partnership are local entities
opposed to PR 1410, along with most of the petroleum manufacturers and South Bay
Chambers of Commerce. A City of Redondo Beach Council Member, along with the Del
Amo Action Committee and Torrance Refinery Action Alliance are in support of PR
1410.
PR 1410 has been reviewed in accordance with the City Council’s adopted Legislative
Platform. Generally speaking, the Legislative Platform enables the City to take a
position on items under consideration by the California Legislature . The Legislative
Platform is silent on other public agencies that may establish a “Rule” which impact
Diamond Bar businesses and residents. Therefore, this item has been brought before
the Council for consideration to determine whether or not the City desires to take a
position on PR 1410. The City has not previously weighed in on the SCAQMD rule
making process, and the League of California Cities indicated it would likely not weigh in
because the item is not legislative in nature. Options available to the Council at this
time include,
1. Take no action;
2. Authorize the Mayor to send a letter of opposition (similar to Attachment 2); or
3. Authorize the Mayor to send a letter of support (similar to Attachment 3).
PREPARED BY:
REVIEWED BY:
Attachments:
1. 8.1.a SCAQMD 1410 Meeting Presentation
2. 8.1.b Example Oppose Letter - Long Beach Chamber of Commerce
3. 8.1.c Example Support Letter - Redondo Beach Council Member Gran
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PR 1410 WorkingGroupMeeting #1
APRIL 19, 2017
TORRANCE, CALIFORNIA
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Proposed Rule 1410 Working Group
First Working Group meeting for Proposed Rule (PR) 1410
Throughout rulemaking process, series of Working Group meetings –
generally monthly
Purpose is to provide an opportunity for stakeholders to participate in the
rulemaking process
Stakeholders can provide input early to help shape staff’s proposal
Roundtable approach to encourage a dialogue
Provides an opportunity to discuss technical details of the proposed rule
For PR 1410, Working Group meetings will be held in the affected
communities in the evening or at the SCAQMD Headquarters
Working Group meetings are open to the public
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Rule Making Process
Working Group meetings -includes all stakeholders such as
industry representatives, environmental and community groups,
and agencies
Public workshops/consultation meetings
Environmental analysis pursuant to the California Environmental
Quality Act (CEQA)
Socioeconomic analysis
Public Hearing for Governing Board to consider proposed rule
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How Can You Participate/Stay Informed
Throughout the Rulemaking Process
Working Group Meetings
Public Workshops/Consultation Meetings
Commenting
Written, Email or Call Staff Contacts
Schedule an Individual Meeting
SCAQMD Website –Proposed Rules
http://www.aqmd.gov/home/regulations/rules/proposed-rules
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Investigative Hearings -April 1 & 8, 2017
In February 2017, after a fire and a series of repeated problems at the Torrance
Refinery, Chairman Burke asked for an investigative hearing
Investigative hearing was led by SCAQMD’s Refinery Committee (four
Governing Board Members)
Hearings were conducted on April 1 and 8 in the city of Torrance
April 1st included a variety of panels representing elected officials, government agencies, the
refinery, and community representatives and some public comments
Topics included identifying alternative alkylation technologies, transitioning from HF to other
alkylation technologies, monitoring, and mitigating
Hearing continued on April 8th for remaining public comments not heard on April 1st
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General Summary of Public Participation
Approximately 150 attendees on April 1st with 109 people submitting
cards to comment
Approximately 60 attendees on April 8th
Over the two days, 58 people provided comments
Comments generally covered:
Flaring
Use of Modified HF
Overall safety
Monitoring
Community alerts
Jobs
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Key Public Comments Received During
SCAQMD Investigative Hearing Related to
Proposed Rule 1410
Concerns with potential Hydrogen Fluoride (HF) release and impact to nearby communities
Safer alternatives available but some new potential technologies not widely used yet
Refinery emergency community communication (e.g., alert system, notification process,
disaster drill)
Uncertainty as to what to do if accidental release
Effectiveness of Modified HF (MHF) as mitigation method in preventing vapor cloud
Need for more monitoring and availability of data
Safety mechanisms (e.g., barriers, water cannons) in place at refineries
Staff highly trained in safety protocols
HF in use at Torrance since 1966 and no release past the fence line
Keep refinery in business
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Hydrogen Fluoride (HF)
HF is a chemical compound used in petroleum alkylation
The product, alkylate is used for high octane gasoline for “anti-knock” properties
Upon contact with moisture, HF converts to hydrofluoric acid, which is highly
corrosive and toxic
Adverse impacts from HF release:
National Fire Protection Association (NFPA) Rating –Health of 4 (potentially lethal)
U.S. Chemical Safety Board –severe damage to skin, respiratory system, and bones
National Research Council –severe irritant to the eyes, skin and nasal passages
Upon release, the acid vaporizes and forms a toxic cloud that can travel close to the
ground with potentially lethal concentrations
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Rule 1410
In 1991, SCAQMD Governing Board adopted Rule 1410 to phase out HF by
January 1, 1998 with interim control measures
Ultramar Refinery (Valero) filed a lawsuit challenging the SCAQMD’s authority to
adopt the rule and compliance with CEQA
The SCAQMD’s authority to adopt the rule was upheld (next slide)
A procedural error in circulating the CEQA document resulted in the court invalidating the rule
Rule was not further pursued because:
Mobile Refinery (Torrance Refinery) entered into a court consent decree that required the phase
out of HF by 1997 but permitted to commit to modified HF by December 31, 1994 only if
demonstrated that it would not form a dense vapor cloud upon release
SCAQMD signed an MOU with Ultramar to phase out pure HF by 2005
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SCAQMD’s Regulatory Authority to
Regulate Hydrogen Fluoride (HF)
L]ocal and regional authorities have the primary responsibility for control of air
pollution from all sources, other than emissions from motor vehicles.” California
Health and Safety Code §40000.
R]ules and regulations may . . . provide for the prevention and abatement of air
pollution episodes which, at intervals, cause discomfort or health risks to, or damage
to property of, a significant number of persons or class of persons.” California Health
and Safety Code §40001(b).
SCAQMD has the authority to adopt a rule to phase out the use of HF. Ultramar, Inc.
v. South Coast Air Quality Management District, 17 Cal. App. 4th 706-12
1993).“[T]he Legislature clearly intended to vest AQMD with the authority to
adopt preemptive measures designed to prevent air pollution episodes . . ..”Id. at
707.
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Petroleum Refineries Operation
HF/MHF is used in their alkylation unit to make high octane gasoline
Refineries in the US
148 total)
Sulfuric acid
50)
HF/MHF
50)
No alky unit
48)
Refineries in the Basin
8 total)
Sulfuric acid
4)
MHF
2)
No alky unit
2)
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Use of Hydrogen Fluoride at Refineries in
the South Coast Air Basin
Currently two refineries that use MHF
Torrance Refining Company
88 years operation
151,300 bpd crude oil and 24,200 bpd alkylate production (~16% of total capacity)
Valero Wilmington Refinery
48 years operation
85,000 bpd crude oil and 22,000 bpd alkylate production (~26% of total capacity)
Other refineries in the Basin use sulfuric acid in their alkylation unit
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In-Basin Alkylate Production Capacity1
Refinery Name Crude Oil Operating
Capacity (bpd)
Alkylate Production
Capacity (bpd)
of total
capacity
Chevron El Segundo Refinery 269,000 32,200 12
Tesoro Carson Refinery 256,830 17,000 7
Torrance Refining Company 151,300 24,200 16
Phillips 66 Wilmington Refinery 139,000 16,000 12
Tesoro Wilmington Refinery 98,340 12,500 13
Valero Wilmington Refinery 85,000 22,000 26
1 As of January 1, 2016 (AFPM US Refining and Storage Capacity Report)
There are 2 other refineries in the Basin that have no alky units
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Technical Study
SCAQMD contracted with Norton Engineering in 2016 to evaluate 8
alkylation technologies as an alternative to HF
4 alkylation technologies currently in use:
Modified HF –use of an additive as a safety enhancement for existing HF alkylation units
Sulfuric Acid –well established
Solid Acid –used in one China location starting in 2015
Ionic Liquid –successful pilot program in Utah, and seeking to retrofit operation starting this year
4 alkylation technologies not commercially viable at this point
Solid Onium Poly –add polymer to reduce vapor pressure
Fixed Bed –modified reaction process but not in use
Slurry Catalyst –modified reaction process but not in use
Soluble Catalyst –no literature references found, not in use
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Modified HF Alkylation
Re duced Volatility Alkylation Process (ReVAP ) that was developed jointly
by Mobil and Phillips in 1990 and successfully commercialized in 1997
Employed at Torrance and Valero Wilmington refineries
Use of a proprietary additive for existing HF alkylation units
Additive is blended with the HF acid
ReVAP was developed to suppress HF aerosol formation at ambient conditions and thus
reduce the offsite impact from a potential leak
Typical Unit Composition –80 wt% HF, 7 wt% additive, 3 wt% acid
soluble oil, 3 wt% water, 7 wt% hydrocarbons (TRC Refinery)
Lower MHF consumption (4 truck trips/month for a 25,000 bpd
alkylation unit)than sulfuric acid (1,300 truck trips/month)
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Enhanced” Modified HF Alkylation
MHF aerosol formation and dispersion are dependent on release conditions,
additive concentration, mitigation measures, and ambient conditions (e.g.,
wind direction and speed)
Control effectiveness increases with more additive coupled with mitigation:
water deluge system
physical barriers
HF detectors and analyzers
acid evacuation system
leak detection paint
laser sensors
alarms
trained workforce
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Sulfuric Acid Alkylation
The most mature technology with widespread use and commercialization
Additional reactor and settler vessels would be required
Significant increase in acid consumption and transportation (up to 1,300 truck trips/month for a 25k bpd alkylation unit)
Onsite acid regeneration would reduce transportation but increase plant space needed
Transportation and regeneration create criteria pollutant emissions
Higher boiling point and lower volatility than HF
Higher operating costs than MHF units due to higher acid and power consumption
Concentrated sulfuric acid is a corrosive and hazardous material, and can cause serious burns to exposed tissue
Controls to contain acid leak must be in place
Conversion cost estimates
Norton Study: ~$120 million (for a 25,000 bpd alkylation unit; Sulfuric acid regeneration plant: ~$45 million)
UK refinery: $120 million (for a 31,200 bpd alkylation unit; without regeneration)
Industry perspective: multiple times higher
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Solid Acid Alkylation
Relatively new technology –requires new reactor to be installed
U.K. refinery –retrofitted a 26,000 bpd HF alkylation unit in 2003
China chemical plant –a new 2,700 bpd alkylation unit in December 2015
Solid acid catalyst
A fixed bed of zeolite with an active species impregnated into the crystalline structure
Consists of a noble metal (e.g., platinum or palladium)
Eliminates the hazards of acid handling, transportation, and storage
Does not form a vapor or aerosol when exposed to the atmosphere
A significant catalyst cost; licensor may offer lease option
In-situ regeneration and replace after its useful life
Promising but in early stages of commercialization
Conversion cost estimates (for a 25,000 bpd alkylation unit)
Install: ~$25 million and Capital cost for catalyst: ~$95 million (Norton Study)
Install and capital: $160 million (Glyn Jenkins, Bastleford Engineering and Consulting, UK)
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Ionic Liquid (IL) Alkylation
Relatively new technology
Requires new reactor to be installed
Commercialization status
Utah Chevron (UOP ISOALKY™) –retrofit of a 4,500 bpd HF alkylation unit commencing this year
China Deyang Chemical Co. (CUP Ionikylation) –commissioned a new 2,000 bpd alkylation unit since 2013
China PetroChina Co. (CUP Ionikylation) –retrofitted a 65,000 tpy sulfuric acid alkylation unit by 2006
Ionic liquid catalyst
Composite-IL is an ionic, salt-like material that exists in the liquid phase
Eliminates the hazard of acid handling, transportation, and storage
Has negligible vapor formation
Moisture sensitive; may become more corrosive or unstable if exposed to water
Onsite regeneration is possible
Conversion cost estimates
Utah Chevron: ~$87 million install (for a 4,500 bpd alkylation unit)
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Other Alternatives to Use of HF
Purchase alkylate
Could be considered from suppliers and manufacturers (e.g., in Asia, U.S., and Europe)
Expensive but viable alternative
Choose to not refine high octane fuel?
Other?
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Summary
Advantages Potential Disadvantages Examples Cost
Modified
HF
Commercialized since 1990’s
More efficient than sulfuric
acid
Effectiveness uncertainty
Need active mitigation system
Torrance
Valero
n/a
Sulfuric
Acid
Widely used
Lower volatility than HF
Significant increase in truck trips
criteria pollutants, risk of upset)
or need to regenerate/pipeline
Still need mitigation system
Would require new equipment
50 US refineries (incl.
the other California
refineries)
120 million
Solid Acid •Minimal hazardous risk or
safety concern
No need to store or
transport new materials
Would require new equipment
Expensive periodic catalyst
replacement (but metals can be
recycled)
U.K. refinery
China chemical plant
120–160
million
Ionic
Liquid
Minimal hazardous risk or
safety concern
Would require new equipment
Corrosive if exposed to water
Chevron (Utah)
China chemical plant
China refinery
87 million
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Recent Legislative Efforts
Introduced by Assemblymember Al Muratsuchi
AB 1645: a ban on the use of hydrofluoric acid at refineries
AB 1646: a publicly accessible risk management plan which includes notification to
residents for emergencies (reverse 911, text, email, PSAs, etc.) and public alerts
alarms, sirens, etc.)
AB 1647: air quality monitors at both fence line and in the community; public data
from the monitors in real-time
AB 1648: increase in the number of refinery inspectors at Cal/OSHA
AB 1649: codify the existing Interagency Task Force to ensure the Task Force created by
Governor Brown will continue after 2018
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Preliminary Thoughts for Rule Structure
Use of HF or MHF –possible approaches
Performance-based standard (i.e., setting a level of performance, such as vapor pressure)
Ban on HF/MHF
Maintain technology neutral policy
Implementation schedule
Progressive phase out
Definitive date
Timing
Engineering, design, purchase, commissioning, etc.
Operational interruption to install
Consider transition period for newer technologies, with additional interim measures
Need for interim measures/safeguards
Need for increments of progress/milestones
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CEQA Process
Legal requirement
Public disclosure with mandatory minimum public review and comment
periods:
Notice of Preparation/Initial Study –30 day comment period
Draft Environmental Impact Report –45 day comment period
Requires detailed project description and Scoping Meeting
Need to analyze a variety of potential technologies
Preparation of CEQA document will be substantial
Most, if not all, environmental impacts (17 topics) potentially significant
Need to evaluate impacts from construction, operation, maintenance
Impacts to air quality, hazards, transportation, solid waste, energy, etc.
Requirement to respond to all comments received
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Socioeconomic Impacts Analysis
Need for detailed project description and Scoping Meeting
Staff anticipates development of the socioeconomic impact analysis will be
substantial
Comprehensive analysis
Production/gasoline market impact
Job impact
Cost impacts
Demolition, construction, and installation
Capital (equipment, catalyst regeneration, if applicable, pipeline) and operating &
maintenance
Estimates may vary depending on source (e.g., Norton Engineering study)
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Schedule
Activity Targeted Date
PR 1410 Working Group Meeting #1 (Torrance)April 19, 2017
Staff Site Visits April–May 2017
PR 1410 Working Group Meeting #2 June 2017
Update to SCAQMD Refinery Committee June/July 2017
Release of CEQA Notice of Preparation/Initial Study July 2017
Public Workshops/CEQA Scoping Meeting July–August 2017
PR 1410 Working Group Meeting #3 (SCAQMD)September 2017
Release of CEQA Draft EIR September 2017
SCAQMD Refinery Committee Meeting October/November 2017
Governing Board consideration of PR 1410 December 2017
NOTE: Additional Working Group meetings as needed
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Staff Contacts
Michael Krause, Planning & Rules Manager
909) 396-2706, mkrause@aqmd.gov
Heather Farr, Program Supervisor
909) 396-3672, hfarr@aqmd.gov
Jong Hoon Lee, Ph.D., Air Quality Specialist
909) 396-3903, jhlee@aqmd.gov
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August 22, 2017
Dr. Philip Fine
Deputy Executive Officer
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
Dear Dr. Fine,
Thank you for the opportunity to submit this letter as a part of the public record for Working Group meetings
regarding Rule 1410, the Air Quality Management District’s proposed rule to ban the use of modified
hydrofluoric acid.
After viewing the July 6th California Energy Commission presentation made by Gordon Schremp, Senior Fuel
Analyst for the California Energy Commission, I have concerns about the impacts of this proposed ban for
California’s consumers, our regional economy, and to global air emissions.
According to Schremp, a ban could decrease Southern California’s local supply of gasoline for a period of at least
two years. These incremental impacts to gasoline costs for consumers and businesses could mean billions of
dollars in additional, higher costs. California’s working families and local businesses cannot afford these
dramatically higher costs, especially on top of price increases resulting from existing and pending mandates,
taxes, and fees.
I am also concerned that potentially reducing refinery output will force us to import our fuels from outside the
state – which dramatically increases global air emissions. An analysis by Stillwater and Associates from the July
6th California Energy Commission Meeting found that, because of California’s geographic and infrastructural
isolation, a ban would necessitate offshore refiners to “produce the products and ship them half way around the
world to the California market. As a result, average spot prices could rise 25 cpg [cents per gallon] more, and
ultimately the California consumer would pay the price.”
While we are all concerned about safety, we should acknowledge the lead the Governor has taken with these
issues which have already resulted in increased safety regulations for all refineries that are the strongest in the
nation.
I strongly encourage Board Members and staff to analyze what these impacts mean for our economy.
Sincerely,
Randy Gordon
President/CEO
8.1.b
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8.1.c
Packet Pg. 193